Recently Published Ottawa Decisions

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

Family Matters

Philippe v Bertrand (2015 ONSC 2449)
versus — income — spousal support payable — offer — deductions
Justice P. Kane

Hillier v Green (2015 ONSC 3071)
child support — full-time employment — set-off amount — income — retroactive
Justice A. Doyle

Kadolph v Kadolph (2015 ONSC 3047)
leave — importance — correctness — granted — open to very serious debate
Justice P. Smith

Vallier v Meester (2015 ONSC 3292)
self-represented — costs — factored — proportionality — enrichment
Justice J. Mackinnon

Civil Matters

Boudreau v Loba (2015 ONSC 3267)
partial indemnity — motion — costs — time — articling student
Master C. MacLeod

Campbell Pools Inc. v The Seville Group Inc. (2015 ONSC 2314)
property — acres — acre parcel — barn — severance
Justice R. Beaudoin

Robinson v Lepage (2015 ONSC 3128)
reasonable apprehension of bias — donation — website — paralegal — perception
Justice P. Smith

Criminal Matters

R. v Denis (2015 ONSC 3179)
mental illnesses — offender — disorder — sentence — manslaughter
Justice R. Smith

R. v. Fitts (2015 ONCJ 262)
disclosure — information — simulator — evidence — machine
Justice D. Paciocco

Court of Appeal Decisions of Local Interest

R. v. Huh (2015 ONCA 356)
sentencing — conditional discharge — incarceration — offender — sentence
Justices E. Gillese, M. Tulloch, and P. Lauwers

R. v. Buoc (2015 ONCA 341)
firearm — cocaine — officer — acted in good faith — uncovered
Justices R. Juriansz, P. Rouleau, and C. W. Hourigan

From Your Library: New Release – “Examinations in Civil Trials”

If you’re an articling student or new lawyer, this is for you! Irwin Law (the publisher of “those burgundy text books”) has a series of books aimed specifically at those who are new to the profession. The latest in this series – which is authored by Ottawa lawyer John Hollander – was published just last month and is called Examinations in Civil Trials: The Formula for Success. You can find this, along with the other books in this series, in our library (this book specifically is at KF 8950 H64 2015).

Recently Published Ottawa Decisions

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

Family Matters

MacDonell v MacDonell (2015 ONSC 2856)
motions — costs — litigants — children — unreasonably
Justice R. Laliberté

Civil Matters

O’Brien v Blue Heron Co-Operative Homes Inc. (2015 ONSC 2929)
co-operative — by-laws — appoint an inspector to investigate — evictions — rental arrears
Justice D. Rutherford

El‑Khodr v Lackie (2015 ONSC 2824)
coverage — medication — future — collateral benefits — assignable
Justice G. Toscano Roccamo

Criminal Matters

R. v Dell (2015 ONSC 1570)
faint hope — punishment — parole ineligibility — screening — retrospective
Justice R. Maranger

Court of Appeal Decisions of Local Interest

R. v. Munkonda (2015 ONCA 309)
bilingual — preliminary inquiry — official languages — anglophone — violations
Justices R. Sharpe, P. Rouleau, and G. Pardu

Library Tours for Summer Students

We are always excited to welcome new students to the CCLA Library! In anticipation of the influx of new summer and articling students we have scheduled some tours for the end of May and beginning of June.

These tours are a great opportunity to meet library staff and learn about library resources, training opportunities, and legal services which may support and assist you in your practice. We also encourage any and all to sign up for the CCLA Newsletter to begin learning about news, events, and opportunities in the East Region.

Tours will be held beginning May 12 on Tuesdays and Thursdays at 10:30 AM, and usually take between 15 to 20 minutes. Please email library@ccla-abcc.ca or call 613-233-7386 x221 to schedule a tour.

From Your Library: Quicklaw Forms and Precedents

This week we’d like to highlight the “Forms” section on Quicklaw. If you have a Quicklaw subscription in your office, take a look and see if you have these in your subscription. We have them in the library through our LibraryCo Quicklaw subscription, so you can always find them here.

The quickest way to access these forms and precedents is through the Forms tab. You can see in this image where it is located from the Quicklaw homescreen.

Forms

Here’s what you need to know about these forms:

  • They are available with these different practice areas in mind
    • Banking and Finance
    • Commercial Tenancies
    • Commercial Transactions
    • Corporations
    • Debtor/Creditor
    • Employment
    • Information Technology
    • Intellectual Property
    • Land Development
    • Licensing
    • Municipal Law
    • Gold’s Criminal Precedents
    • Sale and Operation of a Business
    • Sale, Distribution, and Transport of Goods
    • Solicitors Forms
    • Wills and Estates
  • You can download them as Word documents (which means you can modify them without having to re-type)
  • There are also some handy checklists available in each section too

If you don’t have an O’Brien’s subscription in your office or you want to try out another precedents collection, we definitely suggest looking at the collection in Quicklaw. If you need any assistance with this product, as always, let us know!

Recently Published Ottawa Decisions

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

Family Matters

Godo v Desjardins (2015 ONSC 2657)
costs — full indemnity — motion — rates — endorsement
Justice P. Smith

Yazdani v Vuthy (2015 ONSC 2420)
costs — alternating weekly residence — offers — equalization — cost
Justice P. Kane

Civil Matters

Ballingall v Carleton Condominium Corporation No. 111 (2015 ONSC 2484)
single family residence — grandfathering — unit owners — units — condominium
Justice C. Aitken

Minto Commercial Properties Inc. v Modern Niagara Group Inc. (2015 ONSC 2350)
fan coils — design — obligation to defend — risers — mechanical
Justice P. Kane

Foster v Prince (2015 ONSC 265)
knives — gun — officer — knife — police
Regional Senior Justice J. McNamara

Dhawan v Wehbe (2015 ONSC 2545)
motion — today — affidavit material — brought — peremptorily
Justice P. Smith

619513 Ontario Inc v 1823201 Ontario Inc. (2015 ONSC 2498)
fulfilled — endorsement — reinstated — conference — conditions
Justice P. Smith

Gowling Lafleur Henderson Llp v Transpharm Canada Inc.(Toronto Institute of Pharmaceutical Technology) (2015 ONSC 2316)
docketed — hours — retainer agreement — indemnity — patent
Justice P. Kane

K.L. v 1163957799 Quebec Inc. (2015 ONSC 2417)
vicarious liability — sexual harassment — sexual assault — employee — facts
Justice P. Smith

Fincantieri v Anmar Energy (2015 ONSC 2395)
motion — undertakings — discovery — costs — reattend
Master C. MacLeod

Ozerdinc Family Trust v Gowlings (2015 ONSC 2366)
oral discovery — evidence — breaks — motion — will
Master C. MacLeod

Criminal Matters

R. v Dagg (2015 ONSC 2463)
crack cocaine — cellphone — stated — prostitute — police
Justice C. McKinnon

Divisional Court Decisions from Ottawa Judges

Simser v Aviva Canada and Fsco (2015 ONSC 2363)
standard of review — economic loss — arbitrator — reasonableness — attendant care
Justices K. Swinton, J. Mackinnon, and T. Lederer

Atwi v Certas Direct Insurance (2015 ONSC 2683)
accident benefits insurer — motion — long-term disability — available — collateral benefits insurer
Justices D. Corbett, C. Hackland, and R. Pomerance

Cossette v Cossette (2015 ONSC 2678)
spousal support — retirement — motions — income — material change
Justices P. Smith, D. Corbett, and R. Pomerance

Vist v Best Theratronics Ltd. (2015 ONSC 2619)
partial indemnity costs — employment — prejudgment interest — continuous — period
Justices P. Smith., D. Corbett, and R. Pomerance

Court of Appeal Decisions of Local Interest

Ottawa Community Housing Corporation v. Foustanellas (Argos Carpets) (2015 ONCA 276)
punitive damages — wastage — carpet — invoices — pad
Justices E. Cronk, S. Pepall, and M. Benotto

Olumide v. Ottawa (City) (2015 ONCA 271)
inclusive — disbursements — dismissing — appearing — extensive
Justices J. Laskin, P. Lauwers, and C. W. Hourigan

R v. Beauchamp (2015 ONCA 260)
credit card fraud — criminal organization — devices — sentence — credit cards
Justices E. Cronk, R. Blair, and D. Watt

Beatty v. Best Theratronics Ltd. (2015 ONCA 247)
motion — mitigation — reasonable notice — radiation — applied
Justices E. Gillese, K. van Rensburg, and G. Pardu

E-laws Gets a New Look

Perhaps long overdue, the E-laws Ontario website for provincial legislation has revamped its user interface in favour of a more modern and accessible look and feel. Fortunately, the new interface is much cleaner and easier to navigate; unfortunately, not all of the valuable content made the transfer.

So what’s new for you? You can now Browse or Search current or source law conveniently by selecting the tab on the left-hand sidebar. An advanced search is now available, through which you can use boolean operators (AND/OR, etc.). A full explanation of the advanced search operators can be found here. Point-in-time legislation is also available back to January 2, 2004, and previous versions are now linked on the statute/regulation pages themselves.

The Table of Public Statutes and Responsible Ministers has moved, and is accessible from the ‘Legislative Tables’ link on the homepage. Unfortunate casualties of the migration were the Detailed Legislative History tables, which provided legislative history information for each statute by provision number and which are no longer available. As these tables were the primary reason I used e-Laws previously, for now there will be little motivation for me to use the new site over CanLII, which houses much of the same content.

Speaking of which, the CanLII site administrators have also notified its users that there will be a slight delay in updating the site with Ontario law, as they work to interface with the new e-Laws. No document versions will be missed and they are working to resolve the issue.

As always, if you have any difficulty or have any questions, let us know!

Recently Published Ottawa Decisions

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

Family Matters

Charbonneau v Charbonneau (2015 ONSC 2181)
spousal support — expenses — pay — will file a two-page — post-secondary education
Justice A. Doyle

Mowers v Acland (2015 ONSC 2171)
joint retainer — offers — motion — terms — costs
Justice J. Mackinnon

Lemieux c Lemieux (2015 ONCS 2259)
justiciables — gain — question des dépens — radiés — aliments
Juge R. Laliberté

Vallier v Meester (2015 ONSC 2312)
house account — work — barn — unjust enrichment — proceeds
Justice J. Mackinnon

Shouldice v Shouldice (2015 ONSC 2340)
purchase — offer — property — motion — affidavit
Justice J. Mackinnon

Civil Matters

Levac c. La corporation du village de Casselman (2015 ONCS 2273)
public interest litigant — altruism — symboliques — municipalité — patriotism
Juge R. Beaudoin

Dolan v Ccoc (2015 ONSC 2145)
eviction — landlord — abatement — pleading — corporation
Master C. MacLeod

Criminal Matters

R. v Blonde (2015 ONSC 2113)
fingerprinting — summonses — operational readiness — travel — offence
Justice P. Smith

R. v Liboiron (2015 ONSC 1706)
civilian witnesses — woman — driving — door — beyond a reasonable doubt
Justice R. Maranger

Divisional Court Decisions from Ottawa Judges

Homewood Development Inc. v 2010999 Ontario Inc. (2015 ONSC 2103)
palpable — changes — overriding error — plans — contract
Justice S. Lederman, C. Hackland and D. Corbett

Systemgroup Consulting Inc. v Mcconaghie (2015 ONSC 2213)
monetary compensation — wages — infringed — employment — aka
Justices K. Swinton, H. Sachs and M. Labrosse

From Your Library: Searching Ontario Hansard Debates Online

If you need to discern the intent behind a particular piece of legislation, there’s (arguably) no better place than from the discussion of those who brought it into being. Fortunately, the record of the debates of parliament, the Hansard Debates, are becoming increasingly available online.

Provincial (Ontario)

Provincial Hansard records are available from the Legislative Assembly’s website, with scattered coverage back to 1979. PDF files of the most recent parliamentary debates are also available on the Legislative Assembly’s site in addition to the plain text. If you know the date on which a certain bill was discussed, you can simply browse to that date from the link above.

Most of the time, however, you will probably not know the exact date that the bill was discussed. In this case, you can browse to the Bill itself by clicking on Bills and Lawmaking -> Past & Present, and then select the parliamentary year from the dropdown menu. Once you have located the Bill, you can click on the “Debates” tab, as seen in the example below.

ONHansard

This will bring up a list of the dates that the Bill was discussed in parliament, and by clicking on the blue dates, will link you directly to the Hansard records. If a link is not available online, it will at least tell you the date, which you can then use to look it up in the print version at a library.

The majority of commentary occurs during the second reading of a bill. If it is deferred to a committee, the committee reports will also be linked from this screen.

You can also search the Hansard debates here, although your mileage may vary using this search tool.

We don’t hold the print copies of the Hansard here at the CCLA Library, but they are available from the University of Ottawa Law Library and the Supreme Court Library. As always, if you have difficulty finding what you need you can contact us at library@ccla-abcc.ca and we will do our best to point you in the right direction!

Recently Published Ottawa Decisions

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

Family Matters

Shouldice v. Shouldice (2015 ONSC 1948)
equalization payment — property — partition — matrimonial home — mortgage registered against the jointly-owned
Justice J. Mackinnon

Laframboise v. Laframboise (2015 ONSC 1752)
children — income — marriage — place of a parent — general ledgers
Justice J. Mackinnon

Gaffney v. Hyatt (2015 ONSC 1856)
uncontested — costs — child — post-separation child-care — relationship
Justice R. Leroy

Andre v. Van Gentevoort (2015 ONSC 1753)
income — child support — expenses — calendar — summer
Justice R. Beaudoin

Pey v. Pey (2015 ONSC 1727)
children — father — change — school — evening
Justice J. Mackinnon

Civil Matters

Ahdieh v. Farrokhzadi (2015 ONSC 1941)
indemnity costs — offer — expended — motion — non-conveniens
Justice C. Hackland

Merpaw v. Hyde (2015 ONSC 1795)
refusals — split — contested — motion — outcomes
Justice R. Leroy

Carleton Condominium Corporation No. 396 v. Burdet (2015 ONSC 1361)
unit owners — condominium — indemnity scale — costs — fees
Justice P. Kane

Criminal Matters

R. v. Conquer (2015 ONCJ 153)
realistic risk — motor vehicle — drive — inebriated — seat
Justice D. Paciocco

R. v. Seguin (2015 ONSC 1908)
laptop — seizure — search — hard drive
Justice J. Parfett