Ottawa Blog Roll: June 2016

Below are links to blog posts or articles authored by the Ottawa legal community in June.

Civil Litigation

Types of Damages in Defamation Actions
– Owen Bourns, Ottawa Litigation

Libel & Slander Act v The Internet
– Owen Bourns, Ottawa Litigation

Litigating Birth Brachial Plexus Cases in Canada
– Andrea Girones, Girones Lawyers

Advocates Call for Investigation into WSIB
– Frank Van Dyke, Van Dyke Injury Law Blog

Injured Workers Rally at Queen’s Park: “It is Workers’ Compensation, Not Employers’ Compensation”
– Frank Van Dyke, Van Dyke Injury Law Blog

Priority Disputes in the World of Accident Benefits
– Tania Fleming, Diamond & Diamond

When Whiplash Isn’t Just Whiplash
– Steven Wilder, Diamond & Diamond

Ottawa Cycling Accident and the One-Meter Rule
– David Hollingsworth

Corporate Commercial Law

Verbal Agreements: “This call will be recorded for quality-assurance purposes”
– Megan Martins, Momentum Law

Does Your Company Need a Sedar Profile?
– Paul Franco, Mann Lawyers

B Corporations – The Business World’s Version of ‘Certified Organic’
– Maria-Cristina Harris, Mann Lawyers

The Importance of a Well-Drafted Asset Purchase Agreement
– Marina Abrosimov, Merovitz Potechin LLP

Notice Re RSP – 100 – Certification Of Radio Apparatus
– Koby Smutylo

Criminal Law

The Liberal Party’s War on Drugs
– Michael Spratt

Ottawa Crown Bury Head in Sand on Bail Failures
– Michael Spratt

Sketching a Rehabilitative Program in the Institutional Setting for Inmates Convicted of Terrorism-Related Offences
– Reem Zaia, Codified

Looking for Ashley
– Anne-Marie McElroy, McElroy Law

May Criminal Law Round-up
– Anne-Marie McElroy, McElroy Law

Employment & Labour Law

Silence Proves Costly: Employment Agreements and Reasonable Notice
– Paul Willets, Vey Willets LLP

Learning from the ‘Special One’: Constructive Dismissal from Employment
– Paul Willets, Vey Willets LLP

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#ThrowbackThursday

SCC

Credit: William James Topley/Library and Archives Canada/PA-

To quote the Joni Mitchell song, “They paved paradise / And put up a parking lot.” I don’t know that anyone would describe the Supreme Court as paradise, but what was once the beautiful old Supreme Court building is currently a parliamentary parking lot.

I stumbled across this interior picture on the Library and Archives Canada online image database, and immediately wanted to take a trip back through time to see this building. In use by the court from 1882 to 1945, the building was originally built as the Board of Works (nowadays Public Works and Government Services) Workshops Building, and it was actually shared with the National Gallery. Alas, the building was demolished in 1956, and the lot it was on has remained relatively empty since then (click here to see that spot in Google street view). To learn more about this building, and see some more vintage Ottawa pictures, check out this great post.

New Book Alert: Sopinka on the Trial of an Action, 3rd Edition

Long considered a classic on trial advocacy, the third edition of Sopinka on the Trial of an Action has recently been published by LexisNexis. The second edition, published in 1998 (shortly after the sudden passing of The Honourable Mr. Justice John Sopinka in 1997), has been well-loved at this library. We’ve gone through several copies in the last 18 years, and we’re sure this new edition will inspire and educate a new generation of barristers.

For this edition,  J. Kenneth McEwan, Q.C., has updated the previous version, while keeping so much of what made it a great book, and also included a new introductory chapter. For more a bit more on what to expect from this edition, check out the LexisNexis website.

The book is so new that we haven’t even let it out of our cataloguing area yet. If you would like to see it, however, just ask!

Sopinka

 

 

Recently Published Ottawa Decisions

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

Family Matters

Smilde v Smilde (2016 ONSC 3979)
girls — access — appointments — summer — daughters
Justice R. Beaudoin

Tremblay v Tremblay (2016 ONSC 3898)
costs — property — value — exceeded her offers to settle — successful
Justice K. Phillips

Castedo v Haldorsen (2016 ONSC 3870)
spousal support — payor — income — second family — debts
Justice A. Doyle

Martinuk v Graham (2016 ONSC 3686)
father — child support — costs — retroactive — offer
Justice P. Kane

Salame v Massoud (2016 ONSC 3268)
father — children — costs — motion — jurisdiction
Justice L. Sheard

Wirta v Wirta (2016 ONSC 3835)
retention — children s habitual residence — border — wrongful — removal
Justice J. Mackinnon

King v King (2016 ONSC 3752)
access visits — child — e-mail — father — hours in duration
Justice S. Corthorn

Civil Matters

Geographic Resources Integrated Data Solutions Ltd. v Peterson (2016 ONSC 3920)
deliver his responding expert report — schedule — circulate — steps — acting
Justice R. Beaudoin

McMurtry v McMurtry (2016 ONSC 2853)
gift — ownership — evidence — shares — relief
Justice S. Corthorn

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#ThrowbackThursday

Receipt

We found this neat throwback in storage – an 1895 invoice from Carswell (now Thomson Reuters) for a subscription to Canadian Law Times. $5.00! We still have those journals in our library – here are a couple of pages, including the front page from June 1895. That’s an interesting looking article there on page 148!

LT

New Titles – Spring 2016

Here’s a list of new titles we’ve recently added to our library collection. Some titles, such as Canadian Maritime Law and Canadian Perspectives on Animals and the Law are completely new titles to our collection, while many others are newer editions. These titles can currently be found on our New Books shelf located at the library front desk.

Accident Benefits Guide (LexisNexis)
Advertising and Marketing Law in Canada (LexisNexis)
Annual Review of Family Law 2015 (Carswell)
Bankruptcy and Insolvency Law (Irwin Law)
Canadian Contractual Interpretation Law (LexisNexis)
Canadian Insurance Taxation (LexisNexis)
Canadian Maritime Law (Irwin Law)
Canadian Perspectives on Animals and the Law (Irwin Law)
Courts, Litigants, and the Digital Age (Irwin Law)
Criminal Procedure (Irwin Law)
Legal Research and Writing (Irwin Law)
Legal Responsibilities of Real Estate Agents (LexisNexis)
Sale of a Business (LexisNexis)

Research Tip: CCLA Conference Papers Database

It’s not surprising we get a lot of requests for conference papers from our own four annual cornerstone conferences: Family Law Institute, East Region Solicitors’, DCAO Criminal Law, and Civil Litigation Updated.

What more people don’t know is that we post the papers on our website in CCLA Conference Paper Database afterwards! So even if you aren’t able to attend, you can check out what sessions were held and keep up to speed on the current issues in the profession. They are also useful for specific practice directions for the East Region, or summaries of recent local cases and precedents.

The easiest way to search is by author. For example, I’m looking for Justice Mackinnon’s papers here:

When I hit search, I’ll get a results screen with all of her papers:

confpapers2

And now I can browse and download whichever ones I am interested in by clicking on the link next to the PDF icon. If I do not know the author, I can also search by subject. Additionally you can search by specific conference and year by clicking on the “Advanced Search” button on the main search screen.

It’s a great way to keep apprised of the work of the local bar!

As always, we’re here to help, so let us know if you have any difficulties finding papers from our events and we’ll see if we can send them to you. The database goes back to 2001, but we are often able to scan and send papers from prior to that as well!

 

#ThrowbackThursday

Internet

 

From the CCLA Bulletin, June 30, 1996.

Can you believe that 1996 was 20 years ago? Ah, 1996. The Summer Olympics were in Atlanta (who remembers these hats?), everyone was dancing the Macarena, and one whole day at the CALL Conference was dedicated to The Internet! I think we can safely say that the Internet has, in fact, dominated the scene.

Online Texts at the CCLA Library

If you’ve been into the CCLA Library in the last couple of weeks, you may have seen some new labels on various text books and looseleaf binders. As more and more of our print materials are either being replaced with or accompanied by an online version, we wanted to make it easy for library users to recognize what they can find on our computers. Here’s a quick run-down of the new labels, and what they mean:

ProView Thomson Reuters ProView

ProView is an online platform for reading legal texts that are published by Carswell. Quite a few of looseleaf binders that we subscribe to in print are also available on ProView, which makes it easier for you to search through content, and email or print excerpts for your research. The list of titles available on ProView is continually expanding, so something that’s not on there today could very well be next month. We’re working on a blog post to describe how to use ProView and a full list of what we have available in the library, so stayed tuned for that.

Westlaw WestlawNext Canada

Within the CCLA’s subscription to WestlawNext, we have both the CriminalSource and FamilySource add-on packages. Each of those services provides access to several popular Carswell looseleaf titles (and some titles that we had to cancel in print form years ago due to cost concerns). If there’s a WestlawNext sticker on a looseleaf you’re looking at, you want to access our Westlaw subscription on the computers to look at the e-version. My personal favourite? You can find Ewaschuck’s Criminal Pleadings and Practice in Canada on CriminalSource.

Quicklaw LexisNexis Quicklaw

For electronic access to several very popular text books published by LexisNexis (such as Sopkina on Evidence, as pictured here), you can turn to our Quicklaw subscription. Currently, we have texts in four different areas of law: criminal, family, employment, and general litigation.

For all of these online versions, you do need to come to the library in order to access them. Our licensing agreements do not currently allow for remote access, so you’ll need to be in the library, and on our computers. The upside to this, however, is we’re here to help! If you need any assistance in finding the e-titles on our Westlaw, Quicklaw, or ProView subscriptions, just let any of the library staff know and we can show you where to find them.

Recently Published Ottawa Decisions

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

Family Matters

Marie Annette Josée Barbarie c. Daniel Binette (2016 ONCS 3585)
pension alimentaire — indemnisation pour les dépenses extraordinaires — directrices fédérales sur les pensions — reçus — portants
Juge R. Pelletier

Gamble v Longpre (2016 ONSC 3499)
separation agreement — father — spreadsheets — signed — value
Justice T. Ray

De Silva v De Silva (2016 ONSC 3471)
ex parte — costs — interim-interim — children — settle
Justice M. Shelston

Tajik v. Maharlouie (2016 CanLII 30896)
disclosure — lawyer — motion — undertakings — comply
Justice A. Doyle.

Cardinal v Thom (2016 CanLII 30894)
update — provide — dentist — conferences — audio
Justice M. Labrosse

Children’s Aid Society of Ottawa v H(K) (2016 ONSC 3010)
children — domestic violence — parenting — access — wardship
Justice M. Shelston

Civil Matters

Mroue v Mroue (2016 ONSC 2992)
arbitrator — estoppel — family-owned business — partners — scholar
Justice C. McKinnon

Eid v Canada (AG) (2016 ONSC 3612)
embassy — struck — intentional infliction of mental distress — negligent — malicious prosecution
Justice B. Warkentin

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