JANUARY/FEBRUARY 2025

It's Lawful News

Library news & info

brought to you by your friendly neighbourhood Library Staff

Betty Dykstra

Janet Marchment

Luisa Yepes

Well, January was the longest year that I can remember. It was a tsunami of staff absences/illness, membership, snowstorms (we are not over them yet) and a Civil Blitz. This may account for some of the glitchy emails that have occurred lately.  The good news is that we survived and are still smiling.  These events have delayed this newsletter but we are working hard to get back on track. The next newsletter will have an exciting new database announcement from LiRN.

Breaking news….the candy jar is back in the Library.  The mints and chocolates were sorely missed so we have combined the two and now have chocolate-filled mints for your breath-saving pleasure (not to be mistaken for a nutritional lunch).

February is proving to be an eventful month. Luisa and I will be representing the library staff at the Coldest Night of the Year on Team YRLA on the 22^nd.  There is still time to support us and we have left the information in the newsletter.  

The upcoming snow storm tomorrow will leave the library staff working mostly remotely with Luisa holding down the fort for those who have to trek to court.

Wishing you all some love for Valentine’s Day and a wonderful time with your Family for Family Day.

January was also an opportunity to do some training with the YRLA’s newest employee, Lisa West.   She has been hired to do Association Administration and Membership and more, so if you see her in the Library or Lounge, please introduce yourself and say hi.   She is looking forward to meeting all of you, whether it be at Association events, through CPDs or working with the committees.

Click here to donate or join the team

New LiRN Resources

In Your Words

"Let me take this moment to thank you for your help throughout my time at 50 Eagle Street. The services provided at the YRLA library at the court are indispensable. Not only do you provide an essential service, but you do so efficiently, reliably and always with a smile. Thank you so much!"

-from an out-of-town counsel who was here during the Civil Blitz

And, of course a joke sent to us:

Man goes to the library and asks the librarian where the self help books are located.

The librarian tells him that would defeat the purpose and walks away. 

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.

Notable Cases, 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...

Jackson v. Rosenberg, 2024 ONCA 875 & 2025 ONCA 48 - on appeal from the judgment of Justice Charney 2023 ONSC 4403 and 2023 ONSC 6210

Real property — Joint property — Right of survivorship — Estates — Joint tenancy

This case "is a cautionary tale for persons who might be tempted to use joint tenancy as an estate planning mechanism to avoid the payment of probate fees." (para 1, 2023 ONSC 4403).

Maltman (Estate) v. Playter, 2024 ONSC 6856 - Justice Sproat

Wills and estates — Commercial law — Trusts — Resulting trusts

A textbook example of the principles in Pecore v. Pecore, 2007 SCC 17 in the context of bank accounts held jointly between parents and their adult children.

Sham v. Lee, 2024 ONSC 6598 - more sage advice from Justice Pazaratz:

1  When it comes to deciding children’s lives, doing it cheap is no substitute for doing it right.

2  Endless motions to re-argue temporary parenting orders – with no apparent inclination to ever seek a final order at a trial – do a disservice to children who deserve proper consideration of all the best interest factors, based upon a thorough presentation and testing of all relevant evidence at an oral hearing.

a.         For parents: Motions – even an endless succession of temporary motions -- may seem quicker and cheaper than trials.

b.         For lawyers: Motions are less work than trials.  Less disruptive to busy caseloads.  Motions let the lawyer multi-task, servicing multiple clients on the same day.  In contrast, trials require the lawyer’s undivided attention, sometimes for days or weeks at a time.  So motions are often a better business model than trials.

c.         But for judges: Complex, bitterly contested motions based on incomplete and untested affidavits usually make it impossible to make necessary credibility and factual determinations -- let alone fully understand the personal situation and needs of each parent and each child.  Affidavits simply don’t give us all the information we need to make proper determinations.

And finally, at para 32:   I expressed all of these concerns to the parties and their lawyers.  I stood them down to talk.  For a long time.  Upon their return they advised me that they were withdrawing their respective motions, and they wanted to schedule a Trial Scheduling Conference.  (It’s amazing what can happen when lawyers actually talk.)

Apollo

Stress Break

PET OF THE MONTH: APOLLO

Likes: wrestling and biting (gently). Also loves staring out the window to watch the animals. Chunky boy Apollo turned 2 last fall.

Send your cute pet pics to Janet at jmarchment@yorklaw.ca so we can feature them on our lounge screen and in our newsletter.

Don't Forget to Document Your CPD Hours

Now that you've finished your 2024 CPD hours you have until March 31, 2025 to enter them in your LSO Connects portal--but why wait?

Ontario lawyers need 3 h Professionalism (1 h must be EDI) and 9 h Substantive. You are no longer required to watch 6 h in the company of another lawyer.

If you have more than 3 h Professionalism (1 h must be EDI), the extra hour(s) will be counted as Substantive. The reverse is not true--extra Substantive hours CANNOT be counted as Professionalism hours.

Upcoming LSO Webcasts

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

Eight-Minute Commercial Leasing Lawyer - Feb 26 from 9am -12:30pm

Family Law Fundamentals - March 6 from 9am - 1pm

Buying or Selling a Business - March 19 from 9am - 12pm

Wills & Estates Law Fundamentals - March 25 from 9am - 12:30pm

19th Family Law Summit - March 26-27 from 9am - 4pm  $325 (both days)

22nd Real Estate Law Summit - April 8-9 from 9am - 4pm  $325 (both days)

Six-Minute Estates Lawyer - Apr 22 from 9am - 12pm

Six-Minute Criminal Lawyer - Apr 26 from 9am - 1pm

Business Law Fundamentals - May 8 from 9am - 12:30pm

Criminal Law Fundamentals - May 24 from 9am - 1pm

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

Recent Newmarket Decisions Found on CanLII - December 2024 & January 2025

Civil

Poesl v. Sharon Veterinary Clinic Professional Corporation, 2025 ONSC 622 - RS Justice Edwards

Employment law — Constructive dismissal

   
1711811 Ontario Ltd. v. Buckley Insurance Brokers Ltd., 2025 ONCA 56 - On appeal from the judgment of Justice Howard Leibovich of the Superior Court of Justice dated November 23, 2023, with reasons at 2023 ONSC 6541, and from the costs order dated March 11, 2024, at 2024 ONSC 1470

Real property — Easements — Rights-of-way — Interference — Substantial interference

Biniaz-Sarabi v. Lakeridge Health Oshawa Hospital, 2025 ONSC 459 - Justice Fraser

Motion to dismiss — Vexatious litigant — Abuse of process — Multiplicity of proceedings — Courts of Justice Act, s. 140

Blackstone Paving and Construction Limited v. Newmarket (Town), 2025 ONSC 171 - Justice De Sa

Practice — Settlement agreement — Stay of proceedings

   
Fan v. Cute Pet Resort Inc., 2025 ONSC 161 - Justice De Sa

Practice — Summary judgment — Defamation — Defence of defamation

Mardani v. Torkashvand, 2025 ONSC 170 - Justice De Sa

Civil procedure — Default judgment — Setting aside — Misrepresentation — Fraudulent misrepresentation

Peakhill Capital Inc. v. 1000093910 Ontario Inc., 2025 ONSC 79 - Justice Bale

Bankruptcy — Receivers — Duties — Standard of review

Bender v. Doe, 2024 ONSC 7166 - Justice McCarthy

Civil procedure — Motion to amend pleadings — Default judgment — Leave to amend

Zhao v. Zhu, 2024 ONSC 7097 - Justice Charney

Real property — Mortgages — Enforcement — Dismissal for delay — Rule 24.01 — Real Property Limitations Act — R.S.O. 1990, c. L.15 — Rule 48.14

Criminal

 
R. v. Dimilta, 2025 ONCJ 57 - Justice Robinson

Criminal law — Provincial offences — Highway Traffic Act, s. 33(1)

R. v. Cruz, 2025 ONCJ 27 - Justice Kenkel

Criminal law — Drug offences — Trafficking — Conspiracy to traffic

R. v. Tomasone, 2025 ONCJ 30 - Justice Henschel

Criminal law — Demand for breath sample — Criminal Code, s. 320.27(1)(b)

R. v. Jolly, 2025 ONSC 100 - Justice Fuerst

Criminal law — Murder — Manslaughter — Sentencing — Considerations

   
R. v. Francis, 2025 ONCJ 21 - Justice Prutschi

Criminal law — Sentencing — Non-custodial sentence — Criminal Code, R.S.C. 1985, c. C-46, s. 742.1

   
R. v. Pusey, 2025 ONCJ 1 - Justice Ghosh

Criminal law — Sentencing — Consecutive sentences — Weapons offences — Possession of loaded firearm

R. v. Li, 2024 ONCJ 677 - Justice Ghosh

Criminal law — Mental disorder — Criminal liability — Burden of proof — “wrong”

   
R. v. S.M., 2024 ONCJ 656 - Justice Henschel

Criminal law — Young offenders — kidnapping — Unlawful confinement — Exclusion of evidence — Sections 7, 8, 24(1), 486.4(1)

   
R. v. C., 2024 ONSC 6809 - Justice McCarthy

Criminal law — Child luring — Elements of offence
   
R. v. D.L., 2024 ONCJ 660 - Justice Ghosh

Criminal law — Sexual offences — Sexual interference — Luring of child victim — Sentencing

   
R. v. Leibowitz, 2024 ONCJ 620 - Justice Kenkel

Criminal law — Compelling appearance, detention and release

   
R. v. Leibowitz, 2024 ONCJ 619 - Justice Kenkel

Criminal law — Breach of undertaking — Credibility

Family

C.P. v. D.M., 2024 ONSC 6626 - Justice Himel

Sahebolamri v. Sahebolamri, 2024 ONSC 6824 - Justice Jarvis

Family law — Matrimonial property — Valuation

New Acquisitions

Come in and check out our new publications!

New Books

• A Practical Guide to Web3, Blockchain, and Smart Contract Law, 3rd Ed.

• Criminal Appeals, 2nd Ed.

• Canadian Extradition Law, 6th Ed.

• Understanding Lawyers' Ethics in Canada, 3rd Ed

• Real Estate Practice in Ontario, 10th Ed.

• Canadian Patent Law, 5th Ed

• The People's Champion: Trial by Jury

LSO Publications

• Impaired Driving 2024

• Eight-Minute Family Law Lawyer 2024

• Spousal Support - Updates and Developments in the Law

• 13th Human Rights Summit

• Eight-Minute Real Estate Lawyer 2024

• Civil Appeals - The Year in Review 2024

BRAND NEW Looseleafs:

• Canadian Environmental Law 

• Butterworths Ontario motor vehicle insurance practice manual

• Canadian health facilities law guide 

• Executive Employment Law 

Drinking, Drugs, and Driving Law Dec2024:

• R v. Danyliuk - RTC, DRE and Reasonable Doubt

• R v. Sobczak - Right to Second RTC and Unproved Time of Driving Defeats Prosecution

• R v. Parbhoo - Charter Rights Where the BWC is Turned Off

Emond Criminal Law Series on vlex

• Prosecuting and Defending Drug Cases, 2nd ed.
• Sentencing: Principles and Practice, 2nd ed.
• Prosecuting and Defending Sexual Offence Cases, 3rd ed.
• Impaired Driving and Other Criminal Code Driving Offences, 2nd ed.

...and lots more

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