April 2024

It's Lawful News

Library news & info

brought to you by your friendly neighbourhood Library Staff

Celebrations

Last week was National Library Week in the US.  Frankly, I think Canadians do it better as we get a whole National Library Month in October.   We had a couple of celebrations in the YRLA library since the last newsletter.   Luisa Yepes, our Library Assistant celebrated not only her birthday, but also her 1st year work anniversary with the YRLA and Janet Marchment celebrated her 8th year work anniversary.  My, how time flies when you are having fun. The Library could not function without the two of them and their efforts and ability to put up with me are greatly appreciated. I know that I am not alone when I say thank you both, for all of the work that you do.

In Your Words

"Wow, above and beyond the call of duty again. Much appreciated."

 "We are happy with your large production of miracles. I will support any application by you for sainthood."

"Boy you guys come as advertised. Those are exactly what i need to read. Thanks so much."

The Scoop - Free Research Resources for Lawyers

Did you know about the free research resources available to Ontario Lawyers? CanLII is an obvious one, but you also have online access to:

HeinOnline - contains Provincial Statutes, Statutes of Canada since 1792, Revised Statutes of Canada since 1887, over 2500 international law journals (including the Canadian Bar Review), English Reports since 1220. Contact the Great Library for your personal log-in: greatlibrary@lso.ca

AccessCLE - No login required. Contains CPD articles from the Law Society of Ontario since 2004. Current CPD materials are added a couple of months after the live presentation.

Canadiana - pre-1901 colonial, federal, and provincial publications, rare books, early magazines, heritage materials.

InfoLocate - need a book or CPD article? This is the catalogue of the Ontario Courthouse Library system. We can borrow a book from other libraries at no cost to you.

Libib YRLA - Want to know just the YRLA's resources? This is the link to resources in the Newmarket Courthouse Library.  You can check online to see what we have, if it's available and you can put a hold on it.   Check it out for 2 weeks at a time. 

Hey, Ask Us!

Library Staff (not quite "free," as you pay a library levy in your yearly law society fee) but we are so worth the $207 - if you can't make it into the library we are only an email away.

Need help with a research question? Reference Request Form

We also have eLiRN resources in the library to assist you, including Westlaw (Criminal, Family & Estates Source), LexisNexis (Quicklaw & Practical Guidance) & vlex for searches of Canadian (& some International) cases, legislation, forms and more.

Case Quotes

We read a lot of caselaw in the library.  Every once in a while we come across some words of wisdom that are notable.

South Side Woodwork v. R.C. Contracting, 1989 CanLII 3384 (AB KB) - Master Funduk (an oldie, but a favourite)
[51] Any legal system which has a judicial appeals process inherently creates a pecking order for the judiciary regarding where judicial decisions stand on the legal ladder.
[52] I am bound by decisions of Queen’s Bench judges, by decisions of the Alberta Court of Appeal and by decisions of the Supreme Court of Canada. Very simply, Masters in Chambers of a superior trial court occupy the bottom rung of the superior courts judicial ladder.
[53] I do not overrule decisions of a judge of this court. The judicial pecking order does not permit little peckers to overrule big peckers. It is the other way around.

Naguib v. Ibrahim et al., 2024 CanLII 25609 (ON SC) - Justice Kaufman

26.  The parties and their respective counsels (whether on the record or acting as agent) are hereby put on alert. There are Family Law Rules that have been in place since 1999. These rules govern the conduct of family law matters that come before the court. They govern all aspects of a case including 14B motions that these parties use to facilitate their whims from time to time notwithstanding that their usage of Rule 14(10) is not procedural, uncomplicated or unopposed. In fact, their usage of this Rule is an abuse of the court and must cease. They are forewarned that further breaches of this Rule will be met with costs sanctions under Rule 24(9) and they should note that those sanctions apply equally to counsel and agents.

27.These Rules are quite informative. Reading of them is strongly recommended.

Upcoming LSO Webcasts

The Library provides reduced fees for selected LSO Webcasts if we receive registration numbers of 11 participants. We pass those savings on to our members and so far our Members have saved over $17,700. A quick reminder that registration closes 7 days prior to the event but you can register and watch at a later more convenient date. We will be setting up and posting the LSO Fall Calendar programs when it is available.

These are the remaining upcoming programs:

Criminal Law Refresher 2024

Family Violence Round Table 2024

A Step-By-Step Guide to Writing a Factum 2024

18th Solo and Small Firm Conference

If there is a LSO program we have not listed but you are interested in attending, let us know so that we can see if we can accommodate your request.

Newmarket Decisions Found on CanLII - March 2024

Criminal

R. v. Kular, 2024 ONCJ 165 - Justice Rose

Criminal law — Motor vehicle offences — Roadside screening device — Refusal to provide breath sample

R. v. Ong, 2024 ONCJ 148 - Justice Kenkel

Criminal law — Assault — Evidence — Sexual assault 


Family

Ierullo v. Ierullo et al, 2024 CanLII 27330 (ON SC) - Justice Jarvis

Family law — Practice — Evidence — Similar fact

Naguib v. Ibrahim et al., 2024 CanLII 25609 (ON SC)- Justice Kaufman
Family law — Procedure — Trial Scheduling conferences — Adjournments

Ling v. Ling, 2024 ONSC 1444 - Justice Jarvis

Family law — Custody and access — Separation agreements — Child support — Spousal support — Rule 13(14) 

Civil

Husein v. Janmohamed, The Canada Life Assurance Company and Aga Khan Foundation Canada, 2024 ONSC 1912 - Justice McCarthy

Breach of contract — Insurance — Misrepresentation — Limitation period — Civil procedure — Rules 21.01(1)(b), 20 

Klees v. State Farm Insurance, 2024 ONSC 1688 - Justice Casullo

Insurance — Fraud — Breach of contract — Punitive damages

Wu v. Charles, 2024 ONSC 1476 - Justice Healey

Practice — Costs — Entitlement — Prejudgment interest

2371143 Ontario Inc. v. Canaan Art Centre Inc., 2024 ONSC 1363 - Justice Healey

Real property — Commercial law — Costs — Conduct of parties

New Acquisitions

Come in and check out our new publications!


Annual Review of Insolvency Law 2023

The Annotated Powers of Attorney for Property & Personal Care 2024

The Annotated Will 2024

28th Intellectual Property Law:  The Year in Review


Drinking, Drugs & Driving Law March 2024

R v LaPointe - RTC, Right to French-Speaking Lawyer and Right to Privacy

R v Fan - Language Issues and other RTC violations lead to exclusion of breath readings and acquittal

Upcoming Westlaw Training*

Estates&TrustsSource    Wednesday May 1    1230 to 100 PM   Register

Advanced Caselaw Research    Tuesday June 11   1230 to 100 PM   Register

FamilySource    Wednesday June 12   1230 to 100 PM   Register

Or come to the library and we can give you hands on training

Upcoming CaseCenter Training *

Virtual Event Dates:
  • Monday, April 29th at 12:30pm ET -  Register

* 30-minute CPD Professionalism Hours

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