Make sure you’re not included in Transport Canada’s latest recall:
Happy Star Wars day!
The CALL/ACBD annual conference is coming to town next week, and we couldn’t be more excited! The last time the CALL conference was held in Ottawa was in 2007, so this will be the first time any of us here at the CCLA get to attend the conference on home turf and welcome our library friends and colleagues to the city. The conference planning committee has put together an excellent program on the theme of “Celebrate our history, create our future,” appealing to a wide variety of our interests as law librarians. Here are just a few of the sessions we’re especially looking forward to:
Uncharted Ethical Lands: Law Libraries as Creators, Publishers and Hosts of New Information
“Law Libraries are exploring new and non-traditional roles as creators, hosts, and publishers of locally created content. Learning hubs, incubators, data repositories, and OA e-publishing are a few of the exciting services that may re-position libraries and librarians as leaders in the new information environment. These kinds of services can potentially lead us into legal and ethical minefields as we negotiate competing rights, explore the extent of institutional responsibility, and begin to build our brand as publishers. This workshop offers the PLUS model of decision making as one tool to assist library staff in working through the ethical and legal obligations associated with these new and yet-to-be determined roles. After a presentation of the model, participants will work in groups to apply ethical decision-making processes to real case studies, and then come together to arrive at the best and most ethical “let’s make this happen” solutions.”
Wikipedia and the Law: A Mini Edit-A-Thon
“‘Why is there no Wikipedia article about Elder Law in Canada?’ ‘Why does the article on the Legislative Assembly of Ontario need citation verification?’ ‘Shouldn’t someone fix this?’ Yes – and that someone is you. This hands-on workshop will show you how to create your own Wikipedia account, how to edit and add content to existing Wikipedia articles related to the law, and how to create Wikipedia articles from scratch. You will also learn helpful tips and tricks for hosting your very own Wikipedia Edita-Thon.”
Judicial and Legal Archives – Preserving the Past, Telling Stories in the Future
“Judicial information includes both the judgments and orders produced by Courts, the case files, and the personal archives of judges. How is this record being preserved across the country, and what stories does it hold? What will the record look like in the future, as email replaces analogue correspondence? Can we preserve the electronic record? Rosalie Fox, Director of the Supreme Court Library and Information Management Branch will discuss the challenges of archiving judges’ personal archives, and how deliberative secrecy impacts judicial archives here and around the world. Professor Philip Girard, eminent legal historian, will speak about using case files and judicial personal papers to illustrate the evolution of Canada’s legal history. David Rajotte, an archivist with Library and Archives Canada, and the archivist responsible for the recent assessment of the Supreme Court and Exchequer Court’s collections, will round out the panel, with a perspective on preserving judicial archives.”
The Digital Litigator : Throwing Away the Binders and the Briefcases
“Justice Canada’s lawyers, members of the federal department frequently referred to as “Canada’s largest law firm”, are changing the way they litigate. Learn from Jean-Sébastien Rochon about how his group is equipping litigation teams with the information technology, tools, information, and processes to change the way they practice law in a digital information environment.”
As always, you can follow tweets from the conference with the hashtag #CALLACBD2017.
The issue of graphics or diagrams missing from online versions of judicial decisions has recently come to our attention. We’ll use McDonald’s Corp. v. Silverwood Industries Ltd. as an example, with specific regard to item number 3 in the table.
In the online version of this case, you get this from Lexis Advance Quicklaw:
Next, this is the version as it appears in Westlaw Next Canada:
Finally, though, in the print version, you get this:
Poor Mayor McCheese, excised from the online versions of the decision. This is very common in IP cases, where there are understandably a good many more drawings and graphics.
While the CCLA Library still has a wide collection of print reporters, and can easily go grab a copy of this decision off the shelf, the (maybe sad) truth is that many libraries have been discarding their print law reporter collections (as we will too, eventually). So, how do you get a copy of the print version?
How to Get a Copy of a Print Version of a Case Where the Graphic Has Been Removed
1. If this is time sensitive / “The Easiest Way”: Check with us. You can send us an email, or check our catalogue yourself to see if we have the law reporter you need. We’re more than happy to scan and send you a copy of the decision. If we don’t have the print reporter here, chances are we can still get a copy for you, but allow a business day turnaround time. It will likely be faster, but just in case
2. If you’re a WestlawNext Canada client: Contact their customer care department at ResearchSupport.LegalTaxCanada@TR.com. They will do their best to track down the print version and send it over. Please note that they can’t guarantee that they will have a copy, or what the turnaround time will be. Good news though: they are working on adding graphics back into decisions.
3. If you’re a Lexis Advance Quicklaw client: Contact their customer care department at service@lexisnexis.ca to get a copy of the image. Same disclaimer would apply about availability and turnaround time.
May 1 to 7, 2017 is the Canadian Mental Health Association’s Mental Health Week. During past several years, the CCLA has been fortunate to have mental health experts speak at our conferences and deliver CPD programming. The importance of mental health care in the legal community cannot be overstated, and we’re happy to help spread the word and remind our readers of the resources available to all lawyers, paralegals, law students, and judges in Ontario, as well as their family members.
The Member Assistance Plan, provided through Homewood Human Solutions, is a confidential health service that is funded by, and runs entirely independently of, the LSUC. A variety of counselling options are available through their service (online, telephone, and in-person), to address all manner of mental health care issues (such as stress, anxiety, anger, depression, and much more).
To find out more, check out www.myassistplan.com, or call 1-855-403-8922.
For Mental Health Week, the Canadian Mental Health Association’s #GETLOUD campaign is currently in full swing. To learn more about what this organization is doing to help bring attention to the need for mental health care funding and services, check out their campaign website – getloud.mentalhealthweek.ca.
As I wrap up Throwback Thursday Family Law month, I had to include this little piece of history I learned about one day while going through old Statutes of Canada. This may be old news to many of you, but I thought it was quite interesting. As too did Library and Archives Canada, since I’m going to shamelessly steal text from them for this:
The first federal Divorce Act was passed by Parliament in 1968, establishing a uniform divorce law across Canada. Before that, there were different laws relating to divorce in different provinces.
From 1840 to 1968, many divorces in Canada were granted by private acts of the Parliament of Canada. Before 1867, only five divorce acts were passed and published either in the Statutes of the Province of Canada or in the Journals of the Legislative Assembly of the Province of Canada.
From 1867 to 1968, in some provinces a person wishing to obtain a divorce was first required to place a notice of intent to petition the government for an Act of Divorce in the Canada Gazette and in two newspapers in the district or county where the petitioner resided. It was to appear for a six-month period.
The petition would contain details such as the date and place of the marriage, and events surrounding the demise of the marriage. In the case of adultery or bigamy, a co-respondent was often named. If the petition was allowed, Parliament would pass an Act of Divorce nullifying the marriage.
Between 1867 and 1963, a transcript of the Act was published in the Statutes of Canada for the current year. Between 1964 and 1968, the transcript was published in the Journals of the Senate of Canada.
For more from Library and Archives Canada, click here.
Please find below links to blog posts or articles authored by the Ottawa legal community in April.
Contingency Fees
– Bryan Delaney, Delaney’s Law Firm
Changes to the Ontario Insurance Act that will directly impact on your Auto Insurance Benefits – Consumers Beware
– Kevin Cantor, Mann Lawyers
Distracted Driving: Still the #1 Cause of Road Fatalities in Ontario
– Frank Van Dyke, Van Dyke Injury Law Blog
Is your Condo Ready for the Legalization of Marijuana?
– Rod Escayola, Condo Adviser
Condo Arrears Include Legal Fees
– Jocelyn Duquette, Condo Adviser
The Final Version of the Licensing Regulations for Condo Managers is Officially Out!
– Rod Escayola, Condo Adviser
Federal Not-for-Profit Corporations: Board Removal – No; Board Suspension – Yes
– Michael A. Chambers, Maclaren Corlett
Securities Alert – Social Media Tips for Reporting Issuers
– Perley-Robertson, Hill & McDougall LLP
Lessons For Canada From 13th
– Anne Marie McElroy, McElroy Law
Police Accountability: There is No Right to Silence
– Michael Spratt, Abergel Goldstein & Partners LLP
Common Privacy?
– Dallas Mack, Mack’s Criminal Law
Privacy Limitations Defined
– Dallas Mack, Mack’s Criminal Law
March Criminal Law Round-Up
– Anne Marie McElroy, McElroy Law
Women Without Heels and Full Makeup Need Not Apply
– Dana Du Perron, Nelligan O’Brien Payne
Solidarity and Sacrifice: US Athletes Fight For Equality
– Andrew Reinholdt, Nelligan O’Brien Payne
Wrongful dismissal – when does the limitation period clock start running?
– Andrew Vey, Vey Willetts LLP
Termination Clause Unenforceable due to ‘Potential Violation’ of Minimum Standards
– Paul Willetts, Vey Willetts LLP
Find below recently published Ottawa decisions, available for free through CanLII.org.
Family Matters
Himyary v Al-Yasiri (2017 ONSC 2340)
costs — father — motion — offers to settle — custody
Justice L. Sheard
Alwan v Aulaiwi (2017 ONSC 2309)
motion — third-party record holders — extend the time — leave — third-party disclosure
Justice R. Beaudoin
Children’s Aid Society of Ottawa v M.L. (2017 ONSC 2284)
child — care — father — home — paternal
Justice M. Shelston
Verhey v Verhey (2017 ONSC 2216)
spousal support — income — postsecondary — tuition — child support
Justice M. Shelston
Lundy v Lundy (2017 ONSC 2101)
co-estate trustee — estate — equalization — surviving spouse — incurred in good faith
Justice L. Sheard
Lockman v Rancourt (2017 ONSC 2274)
arbitration — peremptory — email — request for an adjournment — lawyer
Justice T. Engelking
Szonyi v Szonyi (2017 ONSC 2171)
procedural motion — substantial indemnity — endorsement — minutes of settlement — costs
Justice S. Corthorn
Civil Matters
Ramsarran v Assaly Asset Management Corporation (2017 ONSC 2394)
resort to the attenuated process — pleading — requisition — apparent on the face — vexatious
Justice R. Beaudoin
Here is a list of new titles we’ve recently added to the library collection. Among them are a number of titles from the popular Irwin Law books, including new editions of The Charter of Rights and Freedoms, Constitutional Law, and Detention and Arrest, as well as the new release Land-Use Planning. They can be found in the New Books section behind the Reference Desk.
The 2017 Annotated Ontario Personal Property Security Act (Carswell)
Annotated Canada Pension Plan and Old Age Security Act, 16th Edition (LexisNexis)
The Annotated Ontario Consumer Protection Act 2017 (LexisNexis)
Business Law in Ontario, 2nd Edition (LexisNexis)
The Charter of Rights and Freedoms, 6th Edition (Irwin Law)
Competition and Antitrust Laws in Canada: Mergers, Joint Ventures and Competitor Collaborations, 2nd Edition (LexisNexis)
Constitutional Law, 5th Edition (Irwin Law)
Detention and Arrest, 2nd Edition (Irwin Law)
Land-Use Planning (Irwin Law)
Ontario Municipal Legislation 2017 (Canada Law Book)
The Ontario Municipal Service Directory: A Comprehensive Guide for Real Estate Professionals 2017 (Carswell)
Pocket Ontario OH&S Act & Regulations 2017 (Carswell)
Sale of a Business, 11th Edition (LexisNexis)
Stikeman Income Tax Act Annotated 2017, 61st Edition (Carswell)
Supreme Court of Canada Practice 2017 (Carswell)
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.
Family Law Practice Basics 2017 (Feb. 21, 2017)
The Six-Minute Commercial Leasing Lawyer 2017 (Feb. 22, 2017)
21st Annual Intellectual Property Law : The Year in Review (Jan. 19-20, 2017)
Taxation Issues for Real Estate Lawyers 2016 (Nov. 8, 2016)