May/June 2024

It's Lawful News

Library news & info

brought to you by your friendly neighbourhood Library Staff

Betty Dykstra

Janet Marchment

Luisa Yepes

Please note: There will be no research services the week of June 24th as Law Librarians across Canada will gather to share knowledge and learn what is in store for us in the legal world.

Balance

By Betty Dykstra, Library Manager

In February, the YRLA Judges’ Dinner theme was Balance.  I literally have been working on my balance for the last month.  On May 15^th, I had a total knee replacement and have been learning how to walk again with my new bionic knee.  It is going well and I anticipate being back to work in July (some in-person and some remote).  

My being off has meant that the Library has had to work on Balance as well. Janet and Luisa have been holding down the fort tremendously for the past month with Luisa working additional hours and Janet doing all of the research.  They have the added support of Library Staff from the County & District Library system if needed.   Thankfully, the Civil Sittings (traditionally held during this time) have been moved to a Blitz in the Fall and they were left with only the Family Sittings and their regular job.

Balance is also an exercise in priorities.   As always, the YRLA Members and Visiting Counsel are the top priority.   With only one researcher in the library instead of the usual two, the turnaround for research has been a bit slower, but the questions are being answered.   We have also received boxes of new books in the library as listed below.  I have been working on the library 2025 grant request and a few other priorities from home in between physio, exercises, appointments and sleep (I think afternoon naps should be mandated).

This little newsletter which we have been putting out monthly is a combined May/June newsletter as will be the July/August.  As much as we like to put it together, it does take some time and any information that needed to be dispersed to the Members continues to be sent out by email.

In other news:

• I celebrated my 17^th work anniversary at the YRLA and my 37^th as a Law Librarian.  Thanks for putting up with me.    
• The Library will be reverting to summer hours on July 1 and closing at 4 pm
• The Fall schedule of LSO programs will be offered with significant discounts, and will be sent out when we receive them, so keep an eye out.
• Have a great summer!

In Your Words

"I use your website all the time, your collection of Practice Directions has been a huge help."

 "This is great !  I wish I had called you earlier - you've been more helpful than you can imagine !"

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.

Newmarket Decisions Found on CanLII - April & May 2024

Criminal

R. v. Matanov, 2024 ONCJ 187 - Justice Townsend

Criminal law — Sexual offences — Evidence

R. v. Ridge, 2024 ONSC 2231 - Justice de Sa

Criminal law — Motor vehicle offences — Breathalyzer evidence

R. v. Clark, 2024 ONCJ 218 - Justice Kenkel

R. v. K.W., 2024 ONCJ 189 - Justice Robinson

Criminal law — Young offenders — Sentencing — Probation or probation order — Conditional sentence

R. v. Wolfer, 2024 ONCJ 219 - Justice Kenkel

Criminal law — Sexual offences — Gross indecency — Sexual assault

R. v. Suman, 2024 ONCJ 208 - Justice Bergman

Constitutional law — Charter of Rights — Unreasonable search or seizure — Remedies — Exclusion of evidence — Section 8

R. v. Dias, 2024 ONCJ 221- Justice Kenkel

Criminal law — Sentencing — Principles of sentencing — Record of accused — Rehabilitation

R. v. Jackson, 2024 ONSC 2402 - RSJ Edwards

Criminal law — Sentencing — Possession for the purpose of trafficking — fentanyl — Controlled Drugs and Substances Act

R. v. Schill, 2024 ONCJ 249 - Justice Robinson

Criminal law — Powers of arrest — Prohibition orders — Criminal Code, s. 111(1). 

R. v. Pires, 2024 ONCJ 236- Justice Prutschi

Criminal law — Provincial offences — Appeals, indictable offences

R. v. Dixon, 2024 ONSC 3110 - Justice Casullo

Criminal law — Drug offences — Conspiracy to import — Conspiracy to traffic

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

COHEN HIGHLEY LLP v. NAKANO, 2024 ONSC 1971 - Justice Christie

Barristers and solicitors — Fees — Assessment — Motions to review

Ye v. Zhang et al., 2024 ONSC 2646 - Justice Sutherland

Municipal law — Real property — Practice — Pleadings

Brown v. The Attorney General of Ontario and Lake Simcoe Regional Conservation Authority, 2024 ONSC 2465- Justice Charney

Judicial review — Prerogative writs — Certiorari — Restoration order

Salam v. Walizada, 2024 ONSC 3027 - Justice Charney

Breach of contract — Anticipatory breach — Passing

Biniaz-Sarabi v. Himelfarb Proszanski, 2024 ONSC 3121 - Justice Fraser

Practice — Vexatious litigants — Frivolous and vexatious proceedings — Abuse of process — Motion to dismiss under Rule 2.1.01

Family

Najm v. Najm, 2024 ONSC 2053 -Justice Jarvis

Family law — Matrimonial property — Division — Maintenance — Entitlement

Castro v. Jimenez et al, 2024 ONSC 2117 - Justice Daurio

Family law — Practice — Summary judgments — Restraining orders — Availability

K.B. v. H.S., 2024 ONSC 2329 - Justice Himel

Civil procedure — Evidence — Affidavits — Striking out — Inconsistency of position

CAS v. B.T. and R.C. et al, 2024 ONSC 2238 - Justice Daurio

Family law — Children — Child protection — Jurisdiction

McDowell v. McDowell, 2024 ONSC 2301 - Justice MacPherson

Divorce — Severance — Rules of Civil Procedure — Family law — Divorce Act

Buehlmann-Miyake v Buhlmann, 2024 ONSC 2808 - Justice Myers (with references to Justice Bennett & Justice Daurio)

Appeals — Leave to appeal — Administration of Justice Act 

Gulamali v Gulamali, 2024 ONSC 2845 - Justice Jarvis

Rasaei v. Bahman, 2024 ONSC 2987 - Justice Finlayson

Family law — Children — Maintenance — Practice — Financial disclosure

New Acquisitions

Special Thanks To:

Elliott Goldstein for gifting us the current 3-volume edition of his publication "Visual Evidence: a Practitioner's Manual"

Justice David Watt for gifting us a signed copy of his 2023 edition of "Helping Jurors Understand"

Come in and check out our new publications!

Public Inquiries in Canada: Law and Practice, 2nd Edition

Ontario Municipal Law: A User's Manual 2024

You Be the Judge

Autonomous Vehicles: Self-Driving Cars and the Law of Canada

A Proactive Practitioner's Guide to Section 11(b) of the Charter

Mediation for Lawyers: A Practical Guide for Effective Representation of Your Clients

Detention and Arrest, 3rd Edition

Helping Jurors Understand, 2nd Edition

2024 Annotated Bankruptcy and Insolvency Act

2024 Conduct of Lien, Trust and Adjudication Proceedings

2024 Annotated Bankruptcy and Insolvency Act 

2024 Annotated Ontario Construction Act

2024 Annotated Immigration and Refugee Protection Act of Canada

A Guide to Breathalyzer Certificates in Canada

Law of Banking and Payment in Canada

Eight-Minute Municipal Lawyer 2024

Six-Minute Estates Lawyer 2024

Eight-Minute Labour Lawyer 2024

21st Real Estate Law Summit

Six-Minute Criminal Lawyer 2024

18th Family Law Summit

Wills and Estates Refresher 2024

Family Law Refresher 2024

Eight-Minute Employment Lawyer 2024

Drinking, Drugs & Driving Law June 2024

R v. Azfar - Muting Body Worn Camera

R v. Hokansson - Does "As Soon As Practicable" Still Matter

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 $16,700. 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.

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.

Westlaw Training for Lawyers

e-LiRN Westlaw Training schedule for Ontario Lawyers –  Access at your local courthouse

For Previous Newsletters please click here.

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