MARCH/APRIL 2025

It's Lawful News

Library news & info

brought to you by your friendly neighbourhood Library Staff

Betty Dykstra

Janet Marchment

Luisa Yepes

I saw a sign the other day that said “Think Spring” followed by “Think Harder!!”  I know that our CE library friends a bit north of us were not spared the recent ice storm, but Newmarket is all up and running. I am dreading the prediction of snow flurries at home tonight and tomorrow, and we in the library are thinking about spring as hard as we can.  

Team YRLA raised an amazing $2,595.00 for the “Coldest Night of the Year” in support of the Inn From the Cold. You might hear construction noise at your next courthouse visit. The machines are already busy digging the foundation for the new Inn From the Cold shelter being constructed on Yonge St. south of the Courthouse parking lot.

Hopefully snow is in our past and our future (actually our present) now includes an upgrade from Lexis to Lexis+. There is more info on this later in the newsletter. Other news to share is that we no longer have a subscription to a desktop version of Divorcemate in the library. We will be considering other options as we investigate the need and usage for a possible replacement. 

Lastly, this newsletter is a double edition. You have kept us incredibly busy this year. This is not a complaint, but rather a testament to the use of the library.  See you soon. 

New LiRN Resource:  Lexis+ Canada

LiRN has brought us another new addition to the e-LiRN suite of electronic resources--Lexis+ Canada.

Lexis+ combines Quicklaw and Practical Guidance in one searchable database, and adds Brief Analysis (drag and drop) and Legislative Pulse.

In Your Words

"Your setup is the most convenient in all of the GTA!" (out of town counsel thankful for how easy it is to print with us)

“Feel so lucky to have you there for us!”

“Your generous and thoughtful assistance means a lot to new calls like myself!”

"A shout out to the library staff. You are always so helpful."

And, of course, a joke sent to us:

Paranoid guy goes into library and asks for book on paranoia.

Librarian says, "Right behind you."

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...

Who's your daddy? Mom, baby, identical twin potential fathers. Jurisdiction is the issue but the story...

M.R. v. M.W., 2025 ONCJ 107 - Justice Harris (former YRLA member!)

Family law — Affiliation proceedings — Jurisdiction

Can an iPad will be valid? Yes, in Saskatchewan...

Haines v Kuffner Estate, 2024 SKKB 51 - Justice Klatt

Estates and trusts — Holographic will — Substantial compliance — Application under s. 37 of The Wills Act

What about a cut-and-paste codicil? Yes, in Ontario...

Salmon v. Rombough, 2024 ONSC 1186 - Justice Leroy

Wills and estates — Wills — Validity — Testamentary capacity — Suspicious circumstances

Blue

Stress Break

PET OF THE MONTH: BLUE

Likes: jumping and playing in the snow. Also loves sitting on the chair at the dinner table with the whole family. For 6 years Blue has been trying to keep his diet straight and lose weight but is still unsuccessful. Blue is turning 7 this year.

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

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:

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 - Feb/March 2025

Civil

James v. HSBC Bank of Canada, 2025 ONSC 1944- Justice McCarthy

Contracts — Banking agreements — Discretion to freeze accounts

Minotar Holdings Inc. v. Ontario, 2025 ONSC 1791 - Justice Chalmers

Constitution — Section 96 jurisdiction — Legislative authority — Greenbelt Act amendments

Westhaven Income Inc. et al v. Chicago Title Insurance Company et al., 2025 ONSC 1598 - RSJ Edwards

Barristers and solicitors — Relationship with client — Confidentiality — Removal of counsel of record  

Jalilnattajamiri v. Jalilnattajamiri, 2025 ONSC 1302 - Justice de Sa

Civil procedure — Conversion of application to action — Rule 38.10(1)(b) — Application involving promissory notes and allegations of misrepresentation

Attorney General of Ontario v. $99,210 In Canadian Currency (In Rem), 2025 ONSC 1148 - Justice Sutherland

Property — Forfeiture of seized funds — Proceeds of unlawful activity — Civil Remedies Act, 2001

Bowmanville Lakebreeze West Village Ltd. v. Thangavel, 2025 ONSC 800 - Justice Boswell

Property — Sale proceeds — Release of funds — Defendants sought release of $249,833.83 from sale proceeds paid into court

Criminal

R. v. Mostovoy, 2025 ONCJ 148 - Justice Kenkel

Constitution — Charter of Rights — Right to counsel — Section 10(b) — Exclusion of evidence — Section 24(2)
   
R. v. Keung, 2025 ONCJ 145 - Justice Kenkel

Criminal infractions — Sentencing — Possession of a loaded restricted firearm

R. v. Hamilton, 2025 ONCJ 67 - Justice Kenkel

Criminal procedure — Approved Screening Device (ASD) demand — Detention — Charter of Rights — Sections 8 and 9

   
R. v. Mollison, 2025 ONCJ 144 - Justice Kenkel

Criminal infractions — Assault — Credibility of witnesses

   
R. v. Beard, 2025 ONCJ 143 - Justice Kenkel

Criminal infractions -- Sentencing — Possession and making child pornography available

R. v. Dumfeh, 2025 ONCJ 128 - Justice Prutschi

Criminal infractions — Flight from police — Elements of the offence — Accused fled from police after initially complying with a traffic stop

   
R. v. Rose, 2025 ONCJ 88 - Justice Ghosh

Criminal infractions — Sentencing — Dangerous driving causing death and bodily harm — Youthful first-time offender

   
R. v. Chand, 2025 ONCJ 85 - Justice Kenkel

Constitution — Charter of Rights — Right to be tried within a reasonable time — Section 11(b) application

   
R. v. Le, 2025 ONCJ 86 - Justice Townsend

Criminal procedure — Impaired driving — Breath samples — Intoxilyzer calibration

   
R. v. Harris, 2025 ONCJ 84 - Justice Kenkel

Constitution — Charter of Rights — Section 11(b) — Right to trial within a reasonable time — Accused charged with impaired operation   

R. v. Barker-Campbell, 2025 ONCJ 90 - Justice Townsend

Rights and freedoms — Charter of Rights — Fair trial — Late filing of Crown's response to defence Charter application

R. v. Johnson, 2025 ONCJ 83 - Justice Robinson

Criminal infractions — Sentencing — Possession of a loaded prohibited firearm —    Social context evidence — Anti-Black racism

   
R. v. Ay, 2025 ONCJ 71 - Justice Kenkel

Criminal infractions — Sentencing — Impaired operation of a motor vehicle — Refusal to provide a breath sample

New Acquisitions

Come in and check out our new publications!

New Books

• Good Faith in Canadian Contract Law

• The Practitioner's Criminal Precedents, 7th Ed

• Trusts in Common-Law Canada, 4th Ed

• A Practical Guide to Conducting Workplace Investigations

• A Practical Guide to Outsourcing Agreements, 3rd Ed

• The Law of Employee Monitoring in Canada, 2nd Ed

• The Law of Product Warnings and Recalls in Canada, 2nd Ed

• Branding and Copyright for Charities and Non-Profit Organizations, 3rd Ed

• Religious Freedom and Communities

• Supreme Court of Canada Practice 2024-25

• Annual Review of Family Law 2023-24

• Annual Review of Insolvency Law 2024

LSO Publications

• The Six-Minute Debtor-Creditor and Insolvency Lawyer 2024

• 32nd Immigration Law Summit

• Real Estate Law Fundamentals 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 March 2025:

• R v. Edgelow - Constitutional Validity of New Provisions
• R v. Edgelow - Constitutional Validity of New Provisions - Remedy
• R v. Mann - Post-Drinking Defence Fails
  

Drinking, Drugs, and Driving Law April 2025:

• R v. Kopperud - Random Stops
• R v. Borko - Immediacy Requirement for ASD Demand
• R v. Fish - Immediacy in Right to Counsel and Absence of ASD Device
  

For Previous Newsletters please click here.

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