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It's Lawful News Association and Library news & info
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Association contact: Lisa West Library contacts: |
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President's Message
This month, Rajni Tekriwal and I will be attending the bi-annual FOLA conference in Kanata from November 12, 2025 to November 14, 2025. I look forward to sharing some key insights with you in the next newsletter.
The committee is hard at work planning next year’s Judges’ Dinner which we anticipate will be an amazing evening celebrating our legal community. Watch for the “Save the Date” soon.
Thank you to those who reached out wishing to join a YRLA committee. This is a great way to find out more about our Association and to contribute to our ongoing success. Our current committees are: Civil, Criminal, Family, DEI, Solicitors and Social. If you are interested in joining one of our committees, please send your name to Lisa West at administrator@yorklaw.ca.
A new project that we are working on is to create a database of lawyers who have taken over practices of other lawyers in our jurisdiction. This will assist the public in looking for wills. Please review and complete the linked form. Thank you.
Wishing you a wonderful November.
Josephine Kiang
Upcoming YRLA CPD and Events
Dec 4 - Annual Newmarket Courthouse Staff Appreciation at Cardinal Golf Club - Lawyers $125 - Email newmarketsocial@hotmail.com to register by November 30, 2025
Dec 8 – Criminal CPD – Parole: The Reality of Incarceration
Dec 11 – Retirement Celebration - The Honourable Justice David A. Jarvis
Jan 15 - Membership renewal invoices go out Civil trial sittings: January 5 - 23, 2026 and September 14 - October 16, 2026
Family trial sittings: May 18 - June 5, 2026 and November 16 - December 4, 2026 |
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Library Manager's Message I am currently being haunted by the opening racket of Pink Floyd’s “Time” The brilliant chaotic symphony of clocks which open this iconic song. It’s almost December and the ticking takes on a whole new meaning. For most, it’s the cheerful countdown to celebrations and socially acceptable cookie over-consumption. For lawyers, it is the CPD completion deadline and for me, it’s the dreaded soundtrack of year-end panic. The clocks aren’t just ticking, they’re judging me, loudly, about all the things I still haven’t finished. But like every year, the budget will be expended, the research completed, the lawyers will all complete their required CPD and I will reflect and move on to the task of cookie over-consumption.
Just a little side note with regards to time. We are now receiving research requests which have been run through AI (Chatgpt, CoPilot etc.) as a starting point and requests for the cases that have been suggested. We spend considerable time trying to find them. So far, all of the cases have been hallucinations as well as sections of texts which may or may not exist in the true text. Please let us know if you have used AI to do your research, so that we can ignore your results and focus on providing you with proper research and verifiable sources.
So, for those who have not completed their CPD, the list of free CPD can be found on the Members Only section of the website or in the email sent to you on November 5th. The library will be unstaffed as of noon on December 24th and we will return on January 2nd. The next newsletter will be a combined December/January newsletter. If we do not see you in the next while, we want to wish you all the best this holiday season and look forward to seeing you in 2026. Tick tock, tick tock. Betty |
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Stress Break
PET OF THE MONTH: MIKO Miko the Alaskan Klee Kai, is basically a pocket-sized Husky with a PhD in sass. He saves his squirrel alerts for the exact moment you’re off mute and snores through the rest of court. Luckily, that ridiculously cute face is his permanent “get out of trouble” card.
Send your cute pet pics to Janet at jmarchment@yorklaw.ca so we can feature them in the lounge and our newsletter.
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In Your Words
"Thank you so much. You guys are just amazing and I appreciate this so much. Have a good weekend both of you”
"We’ve all the confidence in you and your team and, thanks for all your help - much appreciated."
Book Giveaway - we replace our expensive copies of rules and some textbooks in the library on an annual basis and offer the previous year discards to our Junior Members. We had a great uptake and were able to provide books to over 30 Junior Members. Here are some of the remarks we received when they got the news:
“That is wonderful to hear! I will be in to pick it up as soon as I am able and would love to get a tour of the library while I am there ”
“This is exciting news. Thank you so much. I'm truly grateful.”
“Wow thank you so much Luisa!” “Brilliant thank you so much!”
And a joke from one of our lawyers:
You can’t make an appointment at the library…it is fully booked! |
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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...
Britton v. Leigh, 2025 ONSC 3541 - Justice Wojciechowski In a property division dispute following relationship breakdown, the Court allocated personal property based on receipts and evidence. Items without clear ownership were assigned to a "Coin Toss Pile" for equitable distribution. Compensation may apply if intentional loss or destruction of items is proven.
Nootchtai v. Nahwegahbow Corbiere Genoodmagejig Barristers and Solicitors, 2025 ONSC 6071 - Justice Myers The Court invalidated a $510 million contingency fee agreement, finding it disproportionate and unreasonable in a $10 billion settlement. Lawyers were awarded $40 million on a quantum meruit basis, reflecting doubled billable fees for exceptional work, while emphasizing the need for proportionality and independent legal advice in such agreements.
R. v. Whitlock, 2025 ONSC 6006 - Justice Conlan The
Court stayed first-degree murder and attempted murder charges after
finding systemic abuse of detainees during an ICIT deployment at
Maplehurst R.v. Di Paola, 2025 SCC 31 - On appeal from the Court of Appeal of Quebec
The SCC declares that a judge can consider facts related to a withdrawn charge if those facts are related to the offence and if the Crown acts fairly
R. v. Wilson, 2025 SCC 32 – On appeal from the Saskatchewan Court of Appeal
Immunity from charge and conviction for possession in s. 4.1(2) of CDSA included by necessary implication immunity from arrest for that offence R. v. M.L., 2025 ONCJ 557 - Justice McLeod The Court convicted the Accused of child luring, finding that his messages, including flirtatious language and emojis, constituted grooming aimed at facilitating a sexual offence. The Court emphasized the contextual interpretation of emojis and the preventative purpose of the child luring offence. Gaynes v. Gaynes, 2025 ONSC 5638 – a
photocopy of a will could be admitted to probate, even though the
original had been lost. Importantly, the court noted that the testator
never had possession of the original well after its execution, which
strongly rebutted the presumption of revocation. Indeed, the evidence appeared to be that the testator’ husband lost the original when he received it after she died. |
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Database Training (Free CPD)
Case Center - 30m Professionalism
- Wednesday November 19th at 1pm ET - Register
- Thursday December 18th at 1pm ET - Register
Lexis+ Canada - 30m Professionalism - no need to register
Lexis+ resolves legal research issues quickly with a comprehensive case law collection, editorial analysis, and data visualization via one simplified AI search experience. Includes Practical Guidance, Legislative Pulse and Brief Analysis. December 11 at 11AM: https://relx.zoom.us/j/95180030605
Westlaw
Estates & Trusts Source - 30m Professionalism
Monday, November 24, 1:00 pm – 1:30 pm (Online)
Discover resources you need for estate planning, estate administration, and estate litigation:
• Easy Edit statutory and authored forms, checklists, letters, & precedents to reduce the time spent drafting and editing
• Current Awareness resources like CRA publications and WeirFoulds Estates & Trusts Newsletter
• Authoritative and highly regarded commentary, fully integrated with our Westlaw tools
• Tips and shortcuts to increase research efficiencies FamilySource - 30m Professionalism Wednesday, December 10, 1:00 pm to 1:30 pm (Online) Explore the tools you need to efficiently handle any family law matter. During this session we’ll explore…
• Receiving the latest insights with Franks & Zalev’s This Week in Family Law newsletter.
• Comprehensive access to a trusted library of essential family law commentary.
• Effective, time-saving techniques to quickly find relevant cases and legislation. Rangefindr - 30m Professionalism - no need to register
Learn how to navigate this valuable criminal sentencing tool (read more about the access provided through e-LiRN here: rangefindr.ca – LiRN. December 8, 1:10 pm to 1:40 pm: https://us06web.zoom.us/j/84629576299?pwd=Nhh3UXeFnfnQH5QsMT4vBfiP9ifM1E.1
vLex & Vincent AI - 30m Professionalism - no need to register
The session will be offered on dates and times as listed below along with the link. The same information is provided at each session. Dec 18, 2025 11:00 AM Eastern Time (https://fastcase.zoom.us/webinar/register/WN_C4S9KX_2TWSm8J1BqHZQtw) |
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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. They will not be offered as replays, but you can register now and the edited video will be put into your account about 10 days after the live presentation for you to watch later at your convenience. 14th Human Rights Summit Register
Dec 4 from 9 AM-4 PM $200 5 h Substantive 30 m Professionalism 30 m EDI Professionalism 8-Minute Family Law Lawyer 2025 Register
Dec 5 from 9 AM-1 PM $140 TBD Substantive TBD Professionalism Impaired Driving 2025 Register
Dec 6 from 9 AM-12:30 PM $140 3 h Substantive 30 m Professionalism Real Estate Law Fundamentals 2025 Register
Dec 9 from 9 AM-12:30 PM $140 TBD Civil Appeals - The Year in Review 2025 Register
Dec 11 from 9 AM-12:00 PM $140 2 h 30 min Substantive 30 m Professionalism Registration closes at 4pm 7 days before event.
You are not registered until fully paid |
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Thank You
The Library would like to thank Elliott Goldstein for his continuing support in providing a copy of his textbook and all of the updates to the library for the benefit of the membership. It is truly appreciated. |
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Recent Newmarket Decisions Found on CanLII - October 2025
Case summaries are CanLII AI-Generated
Civil
Chalimon v. Warda, 2025 ONSC 5776 - Justice Charney In a guardianship dispute, the Court appointed the wife and daughter as joint guardians of an incapacitated man's property and personal care, citing their closer relationship and concerns over the brother's conflict of interest regarding disputed property ownership.
Criminal
R. v. Liu, 2025 ONCJ 556 - Justice Perlin The Court found police violated the accused's Charter rights under sections 8, 9, and 10(b) through an unlawful arrest, unreasonable search, and failure to facilitate access to counsel. The evidence was excluded, rendering the breath demand unlawful and leading to the accused's acquittal. R. v. Gyory, 2025 ONCJ 536 - Justice Tetley The
Court found the accused guilty of operating a vehicle over the legal
alcohol limit, ruling that breath test results were admissible based on
the technician's testimony, even without relying on the certificate of
qualified technician. The Crown also established proof of service of the
certificate on a balance of probabilities.
R. v. Huang, 2025 ONCJ 523 - Justice Townsend
The Court convicted the accused of possessing drugs for trafficking and exporting purposes, rejecting the defence of joint ownership. The Court found the accused's actions, including dividing and distributing drugs, met the definition of trafficking. Charges for exporting were dismissed as the drugs never left Canada.
R. v. Munro, 2025 ONCJ 519 - Justice Perlin
The Court admitted breath sample evidence despite a nine-minute delay in informing the accused of their right to counsel, finding the breach serious but with minimal impact on the accused's rights. The evidence was deemed reliable and critical to the case, outweighing the Charter violation.
Family X.L. v. Z.L. et al, 2025 ONSC 5880 - Justice Jarvis This family law case addressed parenting, equalization, and fraudulent conveyance claims. The Court found a property transfer fraudulent, imputed income to the husband, and dismissed claims of business interests in China. Parenting orders prioritized the children's best interests, granting primary residence and decision-making to the mother.
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Come in and check out our new publications!
New Books
- The Law of Police Accountability in Canada
- Establishing Your Solo or Small Practice: A Canadian Lawyer's Handbook
- Canadian Animal Law, 2nd Ed
- Bennett on Bankruptcy 27th Ed
- 2026 Ontario Family Law Practice
- Delay and Disruption Claims in Canada
Updated Looseleafs
- Visual Evidence
- Law of Bail in Canada
- Injunctions and Specific Performance
OBA Publications - Ontario Legal Conference: Family, Estates and Business Law
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Ontario Legal Conference: Municipal, Planning and Environmental Law
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Insurance Coverage Summit
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Corporate Law Essentials Part I: Corporate Records 101
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Your First Civil Trial (YLD)
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Corporate Law Essentials Part II: Life Cycle of a Corporation: A Practical Guide
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Secured Transaction Essentials for Business Lawyers
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23rd Annual Current Issues in Employment Law
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Essential Considerations for Cross-Border Estate Planning and Administration
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Corporate Law Essentials Part III: Ins and Outs of Shareholder Agreements
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Construction Law Primer
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Advanced Issues in Child Protection Law
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Your Guide to Temporary Resident Visa Applications
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Annual Update on Workplace Safety and Insurance Law
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Persuasive Legal Writing
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Annual Update on Human Rights
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MBA in a Day
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Anatomy of a Trial: Keeping Your Cool in the Heat of Trial
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Elder Law Day
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For Previous Newsletters please click here.
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