July/August 2024

It's Lawful News

Library news & info

brought to you by your friendly neighbourhood Library Staff

The Scoop

We are in the dog days of summer.   I have returned to work with my new bionic knee and I'm doing well.  Well enough to attend the Canadian Association of Law Libraries Conference with Janet, and the American Association of Law Libraries on my own.  My accessible parking pass is only valid for two more weeks, so I guess that is also a good sign.

Generally, summer is for catching up on tasks, vacations and breaks.   I will be doing my best to keep up with the library and hopefully catch up on some tasks, Janet will be enjoying her vacation for most of the month, and  Luisa has had a break (or rather is off with a broken foot).  We look forward to being fully staffed after Labour Day.

You will have to forgive the general untidiness of the library and lounge as there is an ongoing HVAC refit happening and we spend a lot of time trying to figure out what has been unplugged or changed overnight.  We also suggest bringing some warm clothes as they have been very successful in turning us all into ice cubes in the library and lounge. 

Betty

Free, Free, Free

One of the great things about attending a conference are the  ideas that we come back with and the new products we get to see.

Along with all of the new knowledge, we often get great pen holders (see right) for all of the pens we acquire that are available when you forget yours.  Remember that the library also has robes, cuff-links, cheater glasses, bandages, advil,  and a whole lot more to help you through the day.  

Upcoming

Great news for our criminal law practitioners! Starting in September, LiRN, through funding from the Law Foundation of Ontario, will be providing both in-library and remote access to a database many of you have requested. Stay tuned...

In Your Words

I would like to express my heartfelt thanks for the support and assistance of the YRLA librarians and research team. Betty and Janet assisted with researching a novel issue. There was not a lot of case law on the issue the pretrial motions took 7 days in court and ultimately resulted in a precedent setting decision.  I and my client greatly appreciate the support and research facilitated by Betty and Janet in assisting with the triable issues at hand and the acquittal of my client. 

Hey, Ask Us!

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 & Articles

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

Altman v Altman, 2024 ONSC 3976 (CanLII) - Justice Kraft

[80]   On April 26, 2024, an amendment was made to r.1(8) of the FLRs to add (a.1) “an order to pay an amount to a party or into court as a penalty or fine.”[12]

[81]  I will grant Yoel one final 45-day period to comply with the outstanding disclosure and impose a penalty/fine of $3,000 a day for each day between the date of the release of this Endorsement onward. If after 45 days, Yoel has not provided the outstanding disclosure, then a procedure has been established which will either end the dispute about disclosure or permit Galit to move ex parte to strike Yoel’s pleadings, which I find is a proportional remedy in light of both his breaches and his conduct....

R. v. Colley, 2024 ONCA 524 - appeal from judgment of Justice Ducharme

[46]      However, Ms. Colley’s counsel explained that she may not have repeated everything that the trial judge said, such as comments she considered to be hurtful or gratuitous. As she explained, “I don’t like to hurt my clients or hurt their feelings.” With respect to the trial judge’s “your clients are f*cked” comment, and his description of the video as a “f*cking disaster”, trial counsel said that she may not have conveyed this to her client in the same terms.  *Edited

Lightfoot v Lightfoot, 2024 ONSC 3803 (CanLII) – Justice Gibson

[11]   No one, whatever their status, is entitled to conduct scorched-earth litigation tactics and slander opposing counsel with impunity.  Self-represented litigants should not be insulated from costs consequences merely because of that status.

Is Anyone Listening? A Judicial Perspective on Children's Views and Preferences by Andrea Himel, Hon. Justice, Niema Mohammad 43 C.F.L.Q. 1 (WL) - due to our licensing we cannot link the article here, but email us at the library and we will send you a copy.

What's New???

The USB plugs at the back of the library disappeared during the recent radiator replacement--but don't worry, we've got you covered.

A new charging hub with cords for most devices can be found along the east wall by the windows.

Upcoming LSO Webcasts September - December 2024

The Library provides reduced fees for LSO Webcasts if we receive registration numbers of 11 participants. We pass those savings on to our members. Cost of each CPD is $140.00 (HST incl.) unless noted. These are the upcoming programs for the fall. They will not be offered as replays, but you can register now and watch later at your convenience. Click the title to register:

7th Motor Vehicle Litigation Summit (Single registration for two day event) - Sept 18-19 from  8:30-4:30 and 8:30-1:30 PM  $275

Practice Gems: Probate Essentials 2024 - Sept 24 from 9 AM-12 PM
Practice Gems: Administration of Estates 2024 - Sept 24 from 1-4 PM
Immigration Law Fundamentals 2024 - Sept 27 from 9 AM-12:30 PM
The Twelve-Minute Civil Litigator 2024 - Oct 2 from 9 AM-12:15 PM

Civil Litigation Fundamentals 2024 - Oct 8 from 9 AM-12:30 PM
Spousal Support: Updates and Developments in the Law - Oct 10 from 9 AM-1 PM
25th Employment Law Summit - Oct 15 from 9 AM-4 PM $200
The Six-Minute Debtor-Creditor and Insolvency Lawyer 2024 - Oct 16 from 9 AM-12 PM
27th Estates and Trusts Summit (Single registration for two day event) - Oct 22 & 23 from 9 AM-4:30 PM both days  $325
14th Business Law Summit - Nov 7 from 9 AM-4:30 PM  $200
The Eight-Minute Real Estate Lawyer 2024 - Nov 19 from 9 AM-1 PM
Taxation Issues for Real Estate Lawyers 2024 - Nov 19 from 2-5 PM
32nd Immigration Law Summit (Single registration for two day event) - Nov 20 & 21 from 9 AM-4:30 PM both days  $325
Bankruptcy and Insolvency Law Primer - Nov 25 from 9 AM-1 PM
The Eight-Minute Family Law Lawyer 2024 - Dec 6 from 9 AM-1 PM

Impaired Driving 2024 - Dec 7 from 9 AM-12:30 PM
Real Estate Law Fundamentals 2024 - Dec 9 from 9 AM-12:30 PM

Registration closes at 4pm 7 days before event.
You are not registered until fully paid.

Recent Newmarket Decisions Found on CanLII - June & July 2024

Civil

Atlas DeWatering Corporation v. Blanchard et al., 2024 ONSC 4217 - J. McCarthy

Bankruptcy and insolvency — Breach of trust by Directors -- Construction Act -- Building Act

Royal Bank of Canada v. Yarlini Kanagaratnam, 2024 ONSC 2850 - J. Speyer

Creditor and debtor — Execution — Judicial sale

Royal Bank of Canada v. Tony Silvaggio O/A Tony’s Mobile Repairs, 2024 ONSC 2749 - J. Speyer

Creditor and debtor — Real property — Judicial sale

Nagarajah v. Defreitas, 2024 ONSC 3418 - J. Healey

Civil procedure — Motions — Stay pending motion — Courts of Justice Act 

Yang v. Yang, 2024 ONSC 3388 - J. Healey

Torts — Fraud — Conspiracy — Breach of contract — Interim injunction


Wynn v. Kentris, 2024 ONSC 3347 - J. Healey

Real property — Sale of lands — Real estate agents — Fiduciaries 



Criminal

R. v. Dowran, 2024 ONCJ 341 - J. Henschel

Criminal law — Sexual offences — Voyeurism — Sentencing — Suspended sentence


Family

Anglin v. Elliott, 2024 ONSC 3846 - J. Jarvis

Family law — Parenting time — Best interests of child — Children’s Law Reform Act

Itturiaga v Iturriaga, 2024 ONSC 3731(Divisional Court appeal of J. Jarvis case 2023 ONSC 6368)

Family law — Property — Equalization of net family property — Procedure — request to admit — Rule 16(7)


E.B. v. G.B.-M., 2024 ONSC 3475 - J. MacPherson

Civil procedure — Conduct of trial — Trial judge — Becoming seized of matter
Civil procedure — Costs — Jurisdiction — Costs generated in earlier steps in case

Kirshenblatt v. Kirshenblatt, 2024 ONSC 2896 - J. Himel

Family law — Children — Custody and access


Tribunals


Monashee Holdings Ltd. v York (Regional Municipality), 2024 CanLII 74356 (ON LT)

confidentiality — public — adjudicative record — proceeding — seal

New Acquisitions

Come in and check out our new publications!

  • The Right Not to Remain Silent: The Truth About Mental Health in the Legal Profession
  • Non-Fungible Tokens (NFTs): Emerging Legal & Policy Considerations
  • Pre-emptive Commercial Remedies
  • Issues in Criminal Trials and Summary Appeal Law, 3rd ed.
  • Impaired Driving in Canada: The Charter Cases, 5th ed.
  • Autonomous Vehicles
  • Management of Nonprofit and Charitable Organizations in Canada, 5th ed.
  • The Law of Charitable and Not-for-Profit Organizations, 6th ed.
  • International Tax Law in Canada: Taxation of Cross-Border Income in the Canadian Context
  • Contracts for the Family Law Client
  • The Law of Civil Procedure in Ontario, 5th ed.
  • Canadian Insurance Defence
  • Defending Drinking, Drugs and Driving Cases 2024
  • Canadian Legislation on Intellectual Property 2025
  • 2024-2025 Ontario Annual Practice + Forms
  • Annual Review of Criminal Law 2023
  • 2024 Annotated Ontario Highway Traffic Act
  • Ontario Civil Practice 2025 + Supplementary Materials


Updated Looseleafs:

  • Condominium Law and Administration (Loeb)

Drinking, Drugs, and Driving Law July/August 2024:

R v. Cyr - Driveway Detention and Overholding Lead to Breath Sample Exclusion
 R v. Greening - Proof of Alcohol Standard

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