Ottawa Blog Roll: November 2017

Posted on by Brenda Lauritzen

Please find below links to blog posts or articles authored by the Ottawa legal community in November.

Civil Litigation

Court Of Appeal Clarifies Pre-Judgment Interest Rate
– Edward Masters, Mann Lawyers

Court Of Appeal Clarifies Collateral Benefits Issues
– Edward Masters, Mann Lawyers

License suspensions mulled for distracted driving in Ontario
– Quinn Thiele Mineault Grodzki LLP

How Much “Good Faith” Must the Insurer Show its Insured?
– Frank Van Dyke, Van Dyke Injury Law Blog

Could Judge Decide MVA Case on “Geometry Alone”?
– Frank Van Dyke, Van Dyke Injury Law Blog

Condominium Law

Disclosure Obligations of Condo Directors at AGMs
– Rod Escayola, Condo Adviser

Electric Vehicle Charging Stations in Condos?
– Rod Escayola, Condo Adviser

The New Periodic Information Certificate
– Rod Escayola, Condo Adviser

New Airbnb partnership may impact condominium law
– Merovitz Potechin LLP

Helpful Recent Decision About Condominium “Changes”
– James Davidson, Davidson Houle Allen LLP

The New Condominium Authority Tribunal Rules Are Out!
– James Davidson, Nancy Houle and Christy Allen, Davidson Houle Allen LLP

Corporate Commercial Law

Federal Government Responds to Feedback on Proposed Changes
– Alanna T. Mar, Perley-Robertson, Hill & McDougall LLP/s.r.l

Criminal Law

Bail Reform: Naqvi Tells Crown Attorneys to Follow the Law
– Michael Spratt

Bill C-51: On Sexual Assault, Records And The Right To A Fair Trial
– Anne Marie McElroy, McElroy Law

November 2017 Criminal Law Round-Up
– Anne Marie McElroy, McElroy Law

Employment & Labour Law

Brave New World: ONCA Says that in Asset Transaction, an Offer of Employment is Sufficient Consideration for Material Changes
– Sean Bawden, Kelly Santini LLP

Amberber v. IBM Canada Limited: Termination clause fails to rebut employee’s entitlement to reasonable notice
– Paul Willetts, Vey Willetts LLP

Same Game, New Rules: Changes to Ontario’s Workplace Laws
– Paul Willetts, Vey Willetts LLP

Working Notice Inappropriate for Employees on Disability Leave
– Sean Bawden, Labour Pains

Undertaking to Comply with the ESA does Not Displace Common Law Presumption of Reasonable Notice
– Sean Bawden, Labour Pains

Mooch Ado About Nothing: Being Fired Before You Begin
– Sean Bawden, Labour Pains

Failure to Comply With Employment Standards Act Minimum Requirements Is Fatal to Employers
– Jean-Francois Lalonde, Vice & Hunter LLP

Postmedia-Torstar Deal Means Wrongful Dismissal Suits Likely to Follow
– Jean-Francois Lalonde, Vice & Hunter LLP

Continue reading →

Recently Published Ottawa Decisions

Posted on by Jennifer Walker

Find below recently published Ottawa decisions, available for free through CanLII.org.

Family Matters

Gopenko v. Paré (2017 ONSC 6940)
children — father — school — parenting — spousal support
Justice J. Audet

Curry v. Curry (2017 ONSC 7028)
income — spousal support — antiques — child support — cottage
Justice T. Engelking

Leduc v. Leduc  (2017 ONSC 6987)
spousal support — income — equalization — daycare — will
Justice C. MacLeod

Fletcher v. Thomas (2017 ONSC 5864)
expenses — child support — orthodontics — income — premiums
Justice S. Kershman

Bernard v. Fuhgeh (2017 ONSC 6953)
daycare — motion — access schedule — child — affidavit
Justice L. Sheard

Continue reading →

Compendium of Damages Awarded in Personal Injury Actions Across Ontario, January 1999 – October 2017 Update

Posted on by Brenda Lauritzen

The CCLA Compendium of Damages Awarded in Personal Injury Actions Across Ontario has been updated to October 2017! This invaluable guide is a favourite with local litigators, and has been produced for the CCLA for several years under the leadership of The Honourable James Chadwick and with the assistance of students from the University of Ottawa law school.

To check it out, please click here. For your future reference, you can find this publication on the CCLA website under our “Civil Litigation” practice portal.

Also, if you’re looking for the CCLA’s Compendium of Costs, our most recent update is from 2015 – you can find that here.

 

#ThrowbackThursday: CCLA Library, 1986 – 2017

Posted on by Jennifer Walker

It is incredibly hard for us to believe, but this is our last day of normal library service in the CCLA Library as we know it! Starting tomorrow, we’re closed down for the month of December so we can empty the space out and get ready for renovations to start in the new year. We’re going to take a whole load of photos of the library and lounge today, so that we have them to do some incredible before and after shots with later (and for posterity, of course!). I’m hopeful we’ll be able to show you some “In Progress” shots as well over the next year. Stay tuned!

Ontario Courthouse Local Counsel Insight Project

Posted on by Brenda Lauritzen

A couple months ago we highlighted Sean Robichaud’s online and freely available Criminal Law Precedent Collection; well, they’re at it again! The firm has taken it upon themselves to compile courthouse information for all the courthouses in Ontario, including information on local (criminal) practice, resources, and contact information for key personnel in each area. This is an out-of-town counsel’s dream!

You can find the Local Counsel Insight Project here.

This is all made possible from submissions from local counsel in each area. If you have information about an Ontario courthouse and would like to contribute to their project, please fill out this form to help them out!

 

New Titles – November 2017

Posted on by Amanda Elliott

We’ve received quite a few new books since last month, which are now available here in the library. Check out the full list below!

The 2017-2018 Annotated Bankruptcy and Insolvency Act (Carswell)

The 2018 Annotated Ontario Construction Lien Act (Carswell)

Annotated Ontario Securities Legislation, 47th ed. (LexisNexis)

Auto Insurance Coverage Law in Ontario (LexisNexis)

Bequest Management for Charities in Canada, 2nd ed. (LexisNexis)

Canada at 150: Building a Free and Democratic Society (LexisNexis)

Canadian Collective Bargaining Law: Principles and Practice, 3rd ed. (LexisNexis)

Canadian Health Law and Policy, 5th ed. (LexisNexis)

Child Support Guidelines in Canada, 2017 (Irwin Law)

Collective Agreement Arbitration in Canada, 6th ed. (LexisNexis)

Disability Management – Theory, Strategy and Industry Practice, 6th ed. (LexisNexis)

Discovery in Canadian Common Law: Practice, Techniques and Strategies (LexisNexis)

Document Registration Guide, 19th ed. (LexisNexis)

A Guide to Consent & Capacity Law in Ontario, 2018 Ed. (LexisNexis)

A Guide to the Personal Information Protection and Electronic Documents Act, 2018 ed. (LexisNexis)

Key Developments in Estates and Trusts Law in Ontario, 2016-2017 ed. (Carswell)

Lawyers’ Ethics and Professional Regulation, 3rd ed. (LexisNexis)

Mental Disorder and the Law: A Primer for Legal and Mental Health Professionals, 2nd ed. (Irwin Law)

Ontario Litigator’s Guide to Evidence, 7th ed. (LexisNexis)

Practitioner’s Goods and Services Tax Annotated with Harmonized Sales Tax 2017, 36th ed. (Carswell)

A Practitioner’s Guide to Commercial Arbitration (Irwin Law)

Practitioner’s Ontario Taxes Annotated 2017, Fall ed. (Carswell)

Sexual Harassment in Canada: A Guide for Understanding And Prevention (LexisNexis)

Torts: A Guide for the Perplexed (LexisNexis)

Understanding Discrimination in Employment Law (LexisNexis)

#ThrowbackThursday: Quicksearch User’s Manual

Posted on by Jennifer Walker

Fellow fans of old tech, behold: a Quicksearch User’s Manual!

As we get ready to renovate the library, we’ve had to do a massive clean out of our belongings. Our ED Rick found this jewel tucked away in the depths of our storage locker.

Quicksearch was the precursor to Quicklaw. Undoubtedly some of you remember the early days of online searching for cases. No fancy interfaces here! Just DOS-like prompts over dial-up modems. This user’s manual was a looseleaf (last updated here in 1993), that showed you how to carry out the (by today’s standards) very complicated search strings needed to retrieve a case. I took a few photos from the book; enjoy! (Click on any picture to make it bigger.)

 

 

 

 

CCLA Renovations: Upcoming Service Changes

Posted on by Brenda Lauritzen

We are (finally) renovating our library and lounge space at the courthouse! It has been quite the long road to get to this point, so we are excited it is actually happening.

During the renovations we will be undergoing some service changes at the library. The following services will be affected:

December 1, 2017 – January 1, 2018

The CCLA library will be fully closed for the month of December as we prepare the library for renovations. This means:

  • No library staff, reference, or research services will be available on-site, by email, or by phone.
  • No access to print or electronic resources.
  • No computer access, printing, photocopying, scanning, or faxing available on-site.
  • Courthouse wifi and access to the lounge and robing rooms will be unaffected.

During this time, if you need assistance with legal research we recommend contacting our friends at the Middlesex Law Association (519-679-7046) or the Toronto Lawyers’ Association (416-327-5700), who are both extremely helpful!

If you prefer to use a local law library, you can use the University of Ottawa or the Supreme Court.

Computer access and scanning are also available at the main branch of the Ottawa Public Library.

January 2, 2018 – December 2018

The CCLA library will re-open with limited services in January while the renovations are taking place. We anticipate the renovations will take between 10 – 12 months. During this time there will be the following changes:

  • During the first stage of renovations, the library front desk will be moved adjacent to the lawyers’ lounge. The main portion of the library will be closed and access will only be possible through the lounge. Halfway through renovations the library front desk will be moved back into the library and the lounge will be closed.
  • Photocopying, faxing, printing, scanning, and time-limited computer access will be available with a smaller number of machines. There will be no access to these services by members of the public or court runners.
  • Limited reference and research services available. Much of our collection will be packed away, but we will do our best to assist with reference requests during this time.

 

We are certainly looking forward to having brand new facilities that work better for our users and our space, but in the meantime we thank you for your patience while we renovate!

Recently Published Ottawa Decisions

Posted on by Jennifer Walker

Find below recently published Ottawa decisions, available for free through CanLII.org.

Family Matters

McIntyre v. LaBoissonniere (2017 ONSC 6682)
spousal support — separation agreement — interim — children — motion
Justice M. Shelston

Elkout v. Elkout (2017 ONSC 6797)
child support — retroactive — behavior — offer — settle
Justice M. Linhares de Sousa

Giron v. Giron (2017 ONSC 6721)
child support — costs — articling student — junior — full indemnity
Justice S. Corthorn

Labrèche v Labrèche (2017 ONSC 6702)
child of the marriage — equalization — provable in bankruptcy — resulting trust — separation
Justice H. Williams

N.H. v. J.H. (2017 ONSC 6607)
spousal support — marriage — child — separation — limited-term support
Justice J. Mackinnon

Quenville v. Goodfellow (2017 ONSC 6549)
children — parent — father — school — custody
Justice J. Audet

Civil Matters

TD Bank v. Perodeau (2017 ONSC 6798)
mortgage — motion — affidavit — possession — defended
Justice C. MacLeod

9402209 Canada Inc. v. 2434989 Ontario Inc. (2017 ONSC 6735)
work platforms — brackets — interlocutory injunction — building — encroach on the property
Justice C. Aitken

Franklin v. Corporation of the City of Ottawa (2017 ONSC 6703)
sub-rule — vexatious — frivolous — endorsement — mail
Justice R. Beaudoin

Saini v. Labelle (2017 ONSC 6632)
anti-psychotic medication — argues — incapacity — credit card — reasonableness
Justice S. Kershman

Magenta Mortgage Investment Corporation, et al. v. Ashlar Construction Ltd., et al. (2017 ONSC 6621)
mortgage — payments — property — deficiencies — equitable estoppel
Justice A. Doyle

Simms v. Simms (2017 ONSC 6624)
testator — father — appointed — estate — funds
Justice C. Hackland

Saikely v. Saikely (2017 ONSC 6462)
vexatious — pleading — hallmarks of frivolous — abuse — process
Justice R. Beaudoin

Divisional Court Decisions from Ottawa Judges

State Farm v. Asamoah et al (2017 ONSC 6696)
procedural fairness — remitted for re-hearing — entitlement — application for judicial review — reasons
Justices F. Kiteley, L. Pattillo, and L. Sheard

Frederick v. Van Dusen (2017 ONSC 6681)
spring — septic system — proposed cross-appeal — effluent — reasonable person with the abilities
Justice R. Ryan Bell

Court of Appeal Decisions of Local Interest

Bois v. MD Physician Services Inc. (2017 ONCA 857)
installments — bonus — employee — pay-out dates — resignation
Justices J. Simmons, P. Rouleau, and D. Brown

#ThrowbackThursday: Civil Litigation Updated 1987

Posted on by Jennifer Walker

Our last cornerstone conference of the year kicks off tomorrow, so this means our last throwback in 2017 to the conferences from years past. For this year’s “Mont Ste. Trembello” (Mont Ste. Marie + Tremblant + Montebello), I’ve pulled up the agenda from 1987. As a special treat, we also have a copy of the registration form (a nerdy attention to detail that maybe only I enjoy, but I’ve included for you regardless).