October 2025

It's Lawful News

Association and Library news & info

Association contact:  Lisa West

Library contacts:

Betty Dykstra

Library Manager

Janet Marchment

Library Technician

Luisa Yepes

Library Assistant

Welcome to a NEW section of It's Lawful News!

Here you can catch up on YRLA news and events. 

President's Message

Happy Fall everyone!

As I start my second year as President, I would like to thank the 2024-2025 Board of Directors, Board Administrator and Library Staff and for all their hard work and dedication this past year.

At this time I would like to welcome our newest members to the Board who were elected this spring: Michael Connolly; Erika Jacobs; and Kyle Peterson, who practice in the areas of Civil Litigation and Family Law.

Please visit the Directors page of our website to obtain contact information for our 2025/2026 Board of Directors.

We are seeking members to join our standing committees. If you are interested please email Lisa West at administrator@yorklaw.ca.

We have NEW chairs in the lounge! Please visit and have a coffee on us!

Josephine Kiang


Upcoming YRLA CPD

Oct. 23  Family - Virtual Town Hall for Family Lawyers


Your membership provides you with many benefits.

  • 24 hour access to the library
  • Borrowing books for office use
  • Reduced-rate CPDs
  • Inclusion in the YRLA membership directory on our website
  • Distribution by email of professional notices, other YRLA notices and invitations

Library Manager's Message

While the view from the library windows isn’t always inspiring, this time of year offers a special treat.  The vibrant fall colours from the beautiful trees behind the courthouse are truly something to admire, while the McDonald's inspires us to yearn for fries.

The civil blitz has wrapped up, but there’s certainly no shortage of activity around the courthouse. It’s wonderful to see so many of you back in the building. The current level of energy feels much like the pre-COVID days; however, finding that perfect parking spot may still require a little extra patience!

This season also marks the annual Learn with LiRN Conference for courthouse law librarians across the province, held in Toronto. Please note that the library will be unstaffed from Wednesday afternoon, October 22nd, until 9am on Monday, October 27th. In addition, no research services will be available from October 28th to 30th as Janet and I will be attending another professional conference. We apologize for any inconvenience and appreciate your understanding.  These opportunities help connect, learn, grow and bring back fresh ideas to better serve you.

Finally, the Board of Directors has approved new Library Rules of Conduct. For most of our patrons, these simply serve as a gentle reminder about courtesy and respect while using the library space.

Betty


Library Reminder

We pride ourselves on having a collection that includes books on most areas of law.  Please check out our catalogue.   Books are available for a 2-week loan period.

We hope to highlight this specific area for a few more weeks. 

Please see the Library Manager should you wish to discuss this topic. 

In Your Words

OMG, I LOVE a good flow chart....Thank you very much for looking into this as always. Your work is greatly appreciated. The work of the library makes me a better lawyer! 


And a joke from one of our lawyers:

What is a librarian’s favourite martial art?  A: Shelf-defence

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...

R.v. Sheppard, 2025 SCC 29, 2023 ABCA 381

The sentencing judge was correct to rely on Friesen and on post‐Friesen jurisprudence in determining a fit sentence, and she was not obligated to cushion the impact of Friesen by balancing it against historical jurisprudence


Kosicki v Toronto (City), 2025 SCC 28

Adverse possession can apply to municipally-owned parkland


Gibson v. Cunningham, 2025 ONSC 5504 - Justice Brochu

Libel action brought by a Thunder Bay police inspector against a Lakehead University law student dismissed under the province’s anti-SLAPP laws.


Brampton (City) v. Mocanu, 2025 ONCJ 315 - Justice of the Peace Quon 

and

Toronto (City) v. Becerra, 2025 ONCJ 426 - Justice Strezos

The Court dismissed 242 appeals filed without intent to proceed, finding they were used to delay convictions and avoid demerit points, undermining public safety and the justice system. The paralegal responsible was found to have manipulated the process for improper purposes, violating ethical and procedural obligations.

Stress Break

PET OF THE MONTH: DASHI

Dashi forms the base of miso soup, but this Dashi is a hunter who preys on grasshoppers.

He has scratched his feeder/outdoor overseer so many times that he may soon need a defence lawyer.

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

Database Training (Free CPD)

Lexis+ Canada - CPD Hours: 30m Professionalism

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.

The session will be offered on dates and times as listed below along with the link. The same information is provided at each session. No need to register, just join in on the best date for you.

November 18 at 4PM: https://relx.zoom.us/j/97631221749

December 11 at 11AM: https://relx.zoom.us/j/95180030605

Westlaw

Estates & Trusts Source - CPD Hours: 30m Professionalism
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

Monday, November 24, 1:00 pm – 1:30 pm (Online)

FamilySource - CPD Hours: 30m Professionalism

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.

Wednesday, December 10, 1:00 pm to 1:30 pm (Online)

rangefindr

Learn how to navigate this valuable criminal sentencing tool (read more about the access provided through e-LiRN here: rangefindr.ca – LiRN. No need to preregister, just join in at the link at the date and time most convenient for you.

November 17, 1:10 to 1:40 pm: https://us06web.zoom.us/j/81106635413?pwd=Oh5Gs6uYraymqvUMkfoM9K8kx6vPRb.1

December 8, 1:10 pm to 1:40 pm: https://us06web.zoom.us/j/84629576299?pwd=Nhh3UXeFnfnQH5QsMT4vBfiP9ifM1E.1

vLex & Vincent AI

The session will be offered on dates and times as listed below along with the link. The same information is provided at each session. No need to register, just join in on the best date for you.

Oct 30, 2025 11:00 AM Eastern Time (https://fastcase.zoom.us/webinar/register/WN_y2M0i78LQvKwSbYtQUjR0A)

Nov 11, 2025 11:00 AM Eastern Time (https://fastcase.zoom.us/webinar/register/WN_jsCN5GWWSCqQwwcvjTHAUg

Dec 18, 2025 11:00 AM Eastern Time (https://fastcase.zoom.us/webinar/register/WN_C4S9KX_2TWSm8J1BqHZQtw)

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. 

Practical Strategies, Solutions, and Best Practices in Family Violence Cases 

Nov 3 from 9 AM-12:30 PM $140   Register

2 h 30 m Substantive 30 m Professionalism   30 m EDI Professionalism

Legal Aid Summit    Register

Nov 6 from 9 AM-4 PM $165  5 h 30 m Professionalism 30 m EDI Professionalism

Representing Sexual Assault Complainants and Victims in Criminal Cases   Register

Nov 8 from 9 AM-1 PM $140   3 h 20 m Substantive 40 m Professionalism

8-Minute Real Estate Lawyer 2025   Register

Nov 13 from 9 AM-1 PM $140   TBD Substantive  TBD Professionalism

15th Business Law Summit    Register

Nov 14 from 9 AM-4 PM $200  5 h Substantive  1 h Professionalism

33rd Immigration Law Summit (two-day event)   Register

Nov 18-19 from 9 AM-4:30 PM Both days total $400  10 h Substantive  2 h Professionalism   1 h EDI Professionalism

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

Recent Newmarket Decisions Found on CanLII - September 2025

Case summaries are CanLII AI-Generated


Civil


Yu v. TD Direct Investing, 2025 ONSC 5069 - Justice McCarthy

The Court dismissed an appeal alleging judicial bias and legal errors in a stock trading dispute, finding no evidence of bias or palpable and overriding error in the trial judge's decision. The appellant's misunderstanding of the trading platform and failure to mitigate losses were deemed her responsibility.


Criminal

R. v. Smith Stebbins, 2025 ONCJ 472 - Justice Kenkel

The Court sentenced a repeat offender to a 15-month conditional sentence, emphasizing rehabilitation, deterrence, and consideration of Indigenous heritage.


R. v. Rezaei, 2025 ONCJ 471 - Justice Kenkel

The Court acquitted the accused on some charges due to insufficient evidence but convicted on others, finding the complainant's testimony credible and consistent. The Court emphasized the importance of assessing credibility and the Crown's burden to prove allegations beyond a reasonable doubt.


R. v. Wickham, 2025 ONCJ 461 - Justice Perlin

In an assault case, the Court found the accused's use of force to expel a landlord from his home unreasonable and disproportionate under the defence of property. The accused was convicted as the landlord posed no significant threat, and alternative, non-violent options were available.


Family

Yailaqi v. Yailaqi, 2025 ONSC 5034 - Justice Jarvis

The Court resolved a dispute between siblings over property sale proceeds, finding one owed the other $45,532 after adjustments for missed mortgage payments, carrying costs, and renovation expenses. The Court dismissed all other claims, including those against a former lawyer, and ordered costs payable to the lawyer.

New Acquisitions

YRLA Library Catalogue

Come in and check out our new publications!

New Books

  • Ontario Civil Practice 2026
  • Canadian Legislation on Intellectual Property 2026
  • AI For Lawyers
  • Expropriation Law in Ontario,2nd Ed
  • Impaired Driving in Canada, 7th Ed
  • Product Liability Law in Canada, 2nd Ed
  • Civil Frauds & Good Faith, 2nd Ed
  • The Law of Trade Secrets and Confidential Information in Canada
  • Expert Evidence, 4th Ed
  • Fundamental Principles of Canadian Unjust Enrichment
  • Frustration of Contract 
  • Balgopal's Guide to Criminal Practice 2025
  • Maintaining Permanent Residence Status and Acquiring Citizenship
  • Family Class Sponsorship in Canadian Immigration Law, 2nd Ed
  • Canadian Business Law, 4th Ed
  • Evidence and Investigation: From the Crime Scene to the Courtroom, 3rd Ed
  • Criminal Justice in Canada, 9th Ed
  • Criminal Procedure and Evidence in Canada
  • Race, Crime, and Justice in Canada: Issues and Strategies

Updated Looseleafs

  • Law of Fraud and Related Offences NEW
  • Manual of Construction Law NEW
  • Breathalyzer Law in Canada
  • Canadian Citizenship & Immigration Inadmissibility Law
  • Canadian Law of Planning and Zoning
  • Compensation & Duties of Estate Trustees, Guardians & Attorneys
  • Damages for Breach of Contract
  • Fiduciary Duties in Canada
  • Heintzman, West & Goldsmith on Canadian Building Contracts
  • Handling a Family Law Matter in Ontario
  • Law of Privacy in Canada
  • Manual of Motor Vehicle Law
  • Practical Guide to Canadian Partnership Law
  • Real Estate Conveyancing
  • Sexual Offences in Canadian Law
  • Wrongful Dismissal

Drinking, Drugs & Driving Law July/August 2025

  • R v Singh - change of mind for refusal
  • R v Dubrovina - statutory presumption of care or control rebutted
  • R v Chaykowski - section 10 breaches in police vehicle stop

Drinking, Drugs & Driving Law September 2025

  • R v Chaykowski - Forthwith requirement for ASD considered
  • R v Gomez - Detailed consideration of expert evidence regarding BAC level as evidence of impaired ability

For Previous Newsletters please click here.

 

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