Yesterday’s post about CanLII now having law reviews recalls another news item from this month that you may have missed.
The Canadian Bar Association has recently made all of the past issues of the Canadian Bar Review available online and open access. To access past articles, no password, credit card, or anything else is required!
To check out the archive of the Canadian Bar Review, click here.
CanLII announced an exciting new addition to CanLII on Friday: law reviews! From their blog:
It has been a long term goal for us to have a substantial collection of legal commentary on CanLII, so we are thrilled to be able to tell you about an expansion of CanLII’s secondary sources section to include law reviews.
Law reviews are often the only place a particular topic is discussed, and they often provide insight into the law for a particular jurisdiction where no one else does that make them invaluable for research.
In addition to being able to navigate within the commentary section by law review and issue, results from law review issues will appear in your search results. If all you want to see is commentary, you can limit your search results by clicking on the “Secondary sources” tab.
We would like to thank the generous contributors of content that will help enrich CanLII as a legal research tool. Here are the law reviews that are participating in our initial launch of this project:
Alberta Law Review
Appeal: Review of Current Law and Law Reform
Canadian Bar Review (coming soon)
Canadian Journal of Comparative and Contemporary Law
Canadian Journal of Human Rights
Dalhousie Journal of Legal Studies
Justice As Healing (coming soon)
McGill Journal of Dispute Resolution
McGill Journal of Law and Health
McGill Journal of Sustainable Development Law
Ottawa Law Review
University of New Brunswick Law Journal (coming soon)
Currently we have loaded them back to 2015, but more law reviews and additional years of coverage will be added over time. If you edit or publish a law journal you’d like to see on CanLII, please feel free to contact us. We’d love to hear from you! (feedback-form@canlii.org).
Check out their law review coverage from the Law Journals page on CanLII. A heads up if you use the left sidebar on CanLII – to get to all of the secondary sources, including law reviews, the new heading is “CanLIIDocs.”
Find below recently published Ottawa decisions, available for free through CanLII.org.
Family Matters
Joachim v. Denis (2018 ONSC 1593)
youngest — access — disclosure — motion — children
Justice D. Summers
Sarmiento v. Ortiz (2018 ONSC 1669)
costs — cross-motion seeking to strike — offer — motion — recovery
Justice T. Engelking
Curry v. Curry (2018 ONSC 1667)
number of hours — expended — hour — behaved — bill of costs
Justice T. Engelking
Whitteker v. Legue (2018 ONSC 1557)
paternal grandparents — child — access — home — care
Justice D. Summers
Davis v. Davis (2018 ONSC 1537)
retroactive — arrears — income — child support — blameworthy
Justice T. Engelking
CAS v. C.L. (2018 ONSC 1565)
child — video — threshold reliability — statements — evidence
Justice J. Mackinnon
Bridge v. Laurence (2018 ONSC 1558)
motion — costs — surreality — overcomplicate — spousal
Justice C. MacLeod
Akkawi v. Habli (2018 ONSC 1446)
spousal support — income — equalization payment — offers — child support
Justice M. Shelston
De Riso v. Randazzo (2018 ONSC 1781)
children — income — school — custody — alternating
Justice T. Engelking
Civil Matters
Cohen v. Cohen (2018 ONSC 1613)
estate — consolidating — procedural motions — contracts — dependant’s relief application
Justice R. Maranger
Things are really starting to take shape in Phase 1 of our renovations project. It’s remarkable how quickly walls go down, come back up, and completely change the look of the space. I have a couple of photos here from before, and the current state of affairs. I’ll also answer a couple FAQs down below!
Before:
Visitors to the library will, of course, recognize where the bathrooms were, the old hallway into legislation (or more accurately for many people, the way over to the lounge), and the inside of the copy room. These walls are mostly all gone now, except for that rounded bit of wall in picture two (take note of that – it’s a load-bearing pillar). Continue reading
A quick note to mention that these two incredibly popular titles have recently been re-ordered and received in the library. If you would like to consult either of these books, please speak with a CCLA Library staff member. We’ve had to purchase these titles several times as other copies have gone missing, so we’d like to remind everyone that all books – even these – are for use in the courthouse only.
If you’d like to purchase copies of these for your own library, LexisNexis will gladly exchange your money for books. You can pick up the most current edition of these books at the following links:
A few months ago, when reading the infamous “Blue Book” of CCLA History, I stumbled upon the bit about the first CCLA librarian. Her name was Bella Kealy (alternatively spelled Kealey, but Kealy seems to be the correct spelling), and it said:
The first County librarian was engaged in 1889. She was Miss Bella Kealy. The early minutes not only record and confirm her spinsterhood but also, by painfully slow degrees, the increases in her salary which started at $0.75 a day for each day’s attendance. The terms of her contract required that she attend in due time five days a week, starting ultimately at 9:00 in the morning and staying until 4:00 p.m. ‘”except during the sittings of the Court when she must remain until the Court rises.”
Immediately, I was intrigued. The old spinster cat lady librarian trope is well-worn, but for me, well-loved. “Confirmed spinster” Bella Kealy, what was her story?
Through the excellent newspapers.com (who are absolutely not paying me for this blog post – I just think it’s a splendid website), I was able to dig into this. I had spent some time looking at census records before, but somehow missed our Bella. Finding more about her in old news articles certainly helped.
From what I can piece together, Isabelle Kealy was born in Ottawa on June 15, 1875. Her father was Thomas Kealy, and her mother Mary (nee Kilt). They were a fairly traditional working class Irish Catholic family, from what the census records show: several children (most of whom lived to adulthood), and her father was listed as a carter (which, from the brilliant occupation naming conventions of old, meant he moved things around in a cart).
“Hold up, Jen,” you’re thinking. 1875? But she was hired in 1889? This has stymied me too, but unless the census is wrong, and the writing on her entry is quite legible, it looks like 1875 was indeed her birth year, making her 14 or so at that time. The 1881 census lists her birth date as considerably earlier, but from the 1901 census onward, she is listed as being born in 1875. If she was indeed older, and fudged the number for the census, the reason for that is lost to me (to history?) for now.
I’ve since gone back to the minute books to try and tease this out more, and from what I can gather, she actually started working, in some capacity, for the Association in 1888. I like to think she was a bookish and bright girl at the Rideau Street Convent, and someone-who-knew-someone-who-knew the Mother Superior asked them for someone to help straighten books and tidy up in the library.
As the minutes do confirm, she was offered her permanent position as librarian in 1891, though she had been working for the Association continually before then.
The news reports on her are scant for the next several decades. She was heavily involved in the Catholic community, serving on several boards and serivce groups.
I wish this story had a nicer ending than what I found online, but regretfully it doesn’t. On December 17, 1944, Kealy had a heart attack on her way to church. She was with one of her sisters, and brought immediately to a doctor, but unfortunately that wouldn’t be enough. Her funeral was held two days later, and from the news article, was well attended by judges and lawyers from the community. The paper describes her as the “librarian for Carleton County Law Association for many years,” which, if she was still employed at that time, and my math is right, means she worked for the association for 56 years. I would hope that would have earned her a 50 Years umbrella. The blue book confirms that “she served as County librarian for over 30 years” – her retirement date (were she so lucky to have had one) is currently unknown to me. A curiosity of our Association is we don’t always have the most complete set of records from the 20th century, so as time permits, and the record allows, I’d love to continue to dig more into our history (and perhaps close the loop on Kealy’s tenure here).
It is mind-boggling to me that we’ll be moving back into the newly renovated space some of the very books she acquired and processed over 100 years ago, but such is the unique beauty of a law library collection. We plan to have a nice tribute to Isabelle Kealy in the library once we’re done renovations – but for more on that, you’ll have to wait and see!
Please find below links to blog posts or articles authored by the Ottawa legal community in February.
Amendments to Ontario’s Condominium Legislation
– Darrell R. J. Daley, Gowling WLG
Explaining the Preliminary Notice to Condo Owners
– Rodrigue Escayola, Condo Adviser
Explaining the New Proxy to Condo Owners
– Rodrigue Escayola, Condo Adviser
News on How to File your Condo Returns with the CAO
– Rodrigue Escayola, Condo Adviser
A “New”, New Home Warranty Program on the Horizon
– Christy Allen & David Lu, Davidson Houle Allen LLP
The European Union’s General Data Protection Regulation (GDPR)
– Mark Asfar, Momentum Business Law
More Tasers, More Problems?
– Michael Spratt, Abergel Goldstein & Partners LLP
Policing Black Lives: A Guide For Lawyers
– Anne Marie McElroy, McElroy Law
February 2018 Criminal Law Round-Up
– Anne Marie McElroy, McElroy Law
Kelly Egan and Anonymous Police Officer Wrote a Hot Mess of an OpEd
– Michael Spratt, Abergel Goldstein & Partners LLP
Tweet Less, Legislate More
– Michael Spratt, Abergel Goldstein & Partners LLP
Ottawa Police: Defying Logic and Misrepresenting Justice
– Michael Spratt, Abergel Goldstein & Partners LLP
Commitment to “comply with statute” not enough to displace common law rights on termination
– Paul Willetts, Vey Willetts LLP
Dating and Harassment in a 21st Century Workplace
– Colleen Hoey, Mann Lawyers
Twenty-Six Months’ Notice Awarded to Employees Who Rejected Offer of Continued Employment
– Sean Bawden, Labour Pains
Lack of Clear Warning Voids Termination Provision
– Sean Bawden, Labour Pains
Family Day in Ontario – Why Some Employees Don’t Have the Day Off
– Sean Bawden, Labour Pains
Workplace Harassment “Arises From” but does not “Relate To” Employment
– Sean Bawden, Labour Pains
Employers May Not Make Changes to Terms of Employment During Working Notice Period
– Sean Bawden, Labour Pains
Find below recently published Ottawa decisions, available for free through CanLII.org.
Family Matters
Seman v. Handl (2018 ONSC 1218)
father — costs — child in the school — legally aided — bad faith
Justice D. Summers
Menard v. Jodoin Feres (2018 ONSC 1320)
arrears — child support — tax — amounts — income
Justice T. Engelking
D.S.M. v. R.M.M. (2018 ONSC 1197)
spousal support — offer — child — settle — successful
Justice M. Shelston
CAS v. C.L. (2018 ONSC 1185)
child — request to withdraw — father — access — affidavit
Justice J. Mackinnon
CAS v. C.L. (2018 ONSC 1241)
child — necessity — interview — evidence — father
Justice J. Mackinnon
<http://canlii.ca/t/hql1n>
FAMILY
Below are some of the most recent CPD materials added to the library collection. Each title links to the book record where you can view more details and the full table of contents. All materials are available in print at the library, or if you’re interested in only a couple of articles, feel free to email us a request for a scanned copy.
25th Annual Immigration Law summit (November 6, 2017)
Six-Minute Real Estate Lawyer 2017 (November 21, 2017)
6th Annual Human Rights Summit (December 2, 2017)
Civil Appeals : The Year in Review (December 12, 2017)
Real Estate Practice Basics 2017 (December 13, 2017)
Find below recently published Ottawa decisions, available for free through CanLII.org.
Family Matters
Jones v. Jones (2018 ONSC 1069)
costs — favourable — partial indemnity — offer to settle — equalization
Justice P. Roger
Fortier v. Lauzon (2018 ONSC 946)
self-represented litigant — matrimonial home — rollover — costs — equalization
Justice M. Shelston
CAS (Ottawa) v. C.R. (2018 ONSC 911)
assessment — children — parenting — motion — ordered
Justice D. Summers
CAS (Ottawa) v. M.M. (2018 ONSC 786)
father — statements — child protection worker — hearsay — counsellor
Justice D. Summers
Civil Matters
Bouchard c. CECCE & Dupuis (2018 ONSC 1129)
dépens — offres — taux d indemnisation — transaction — écoles catholiques
Juge S. Gomery
Mississippi Valley Conservation Authority v. Mion (2018 ONSC 1114)
contempt — wetland — penalty — replant — fine
Justice R. Ryan Bell
Cahill v. Cahill (2018 ONSC 1059)
costs of the interpleader motion — solicitor-client account — partial indemnity — endorsement — disbursements
Justice S. Corthorn
Abou-Gabal v Merovitz (2018 ONSC 991)
bills — reissued — fees — special circumstances — accounts
Justice S. Gomery
Tesla Estate v. Tesla-Johnson (2018 ONSC 973)
estate — financial statements — notice of objection to accounts — general ledgers — passing
Justice R. Ryan Bell
Cornelis Grey Construction Inc. v. Folz (2018 ONSC 647)
homeowners — contractor — work — roof — contract
Justice C. MacLeod
Cimtel Inc. v. TSV Holdings Ltd. (2018 ONSC 894)
examination for discovery — corporate representative — personal knowledge — officer — reseller
Justice R. Ryan Bell
Bergeron v. Movati Athletic (Group) Inc. (2018 ONSC 885)
bonus — termination clause — employment — notice period — reasonable notice
Justice M. O’Bonsawin
Mesfin-Tesfaye v. Riverpark Place Retirement Residence (2018 ONSC 882)
duty of care — three-month probationary period — terminated — argues — license
Justice S. Kershman
Noreast Electronics Co. Ltd. v. Danis (2018 ONSC 879)
suppliers — invoices — injunction — evidence — accounts
Justice S. Gomery
Criminal Matters
R. v. Wilson (2018 ONSC 964)
dangerous offender — assessor — talk-talk-overs — proposed — gmail
Justice C. Hackland
Divisional Court Decisions from Ottawa Judges
Fernandes v. Darrigo (2018 ONSC 1039)
matrimonial home — motion — fresh evidence — child — best interests
Justices B. Abrams, W. Matheson, and R. Ryan Bell
Court of Appeal Decisions of Local Interest
R. v. Constant-Booth (2018 ONCA 154)
sentence imposed — unfit — serious — conviction — cowardly
Justices J. MacPherson, G. Huscroft, and G. Trotter
R. v. D.D. (2018 ONCA 134)
post-traumatic stress disorder — victim — offences — mental — mitigating
Justices K. Feldman, D. Brown, and J. M. Fairburn
Lee v. McGhee (2018 ONCA 128)
drafted — amend — bring it within the jurisdiction — solely — redress
Justices K. Feldman, D. Paciocco, and J. M. Fairburn
Carleton Condominium Corporation 116 v. Sennek (2018 ONCA 118)
condominium corporation — vexatious litigant application — self-represented — proceedings — frivolous
Justices H. LaForme, P. Rouleau, and D. Paciocco