After their winter break, the Legislative Assembly of Ontario is officially back in session as of February 18, 2020. This also marks the return of the Great Library’s weekly updates of Ontario legislative activity in our House of Bills blog series.
Though the Legislature returned on February 18, our first post of the year includes activity preceding this date. This is because, if designated, committees can meet during any recess or adjournment (Click here for the calendar listing of dates on which committees or the House can meet). We have included all committee activity of this year thus far below.
January 2 – February 20 42nd Parliament, 1st Session
Bill 141, Defibrillator Registration and Public Access Act, 2020
Considered by Standing Committee on Social Policy (Jan 16 & 29)
The Smarter and Stronger Justice Act, 2019 (Bill 161) was introduced late last year by Attorney General Doug Downey. The stated aim of this ambitious 80-page package of reforms is to simplify Ontario’s complex and outdated justice system. If passed, the bill will make changes, large and small, to over 20 acts impacting the courts, legal aid, legal practice and regulation.
Here are a few key Bill 161 amendments:
Class Proceedings Act (Schedule 4)
introduces a more rigorous certification test, new provisions for approval of third-party funding, coordination of multi-jurisdictional actions, administrative dismissal of dormant proceedings, and procedural changes relating to appeals, carriage motions and settlement and counsel fee approvals
Commissioners for the Taking of Affidavits Act (Schedule 5)
allows for virtual (remote) commissioning of documents
Estates Act (Schedule 9)
introduces a simplified probate process for small estates
Law Society Act (Schedule 14)
grants the Law Society of Ontario the authority to regulate firms, in addition to regulating lawyers and paralegals individually
Notaries Act (Schedule 19)
allows paralegals to be appointed as notaries
A complete summary of amendments can be found in the Explantory Note to Bill 161.
Legal organizations, academics and practitioners have already responded to various aspects of the bill. See for example:
Since Bill 161 received first reading on December 9, 2019, just days before the Legislature adjourned for its winter break, it has thus far not been debated in the House or Committee. But MPPs return to work today, so stay tuned.
In this last installment of our Legal Research Survival Guide, we’d like to leave you with some final tips and advice for surviving, and thriving, during your time as an articling, LPP or summer student.
Now available: an unofficial consolidation of the Divorce Act & Bill C-78.
A handy unofficial version of the Divorce Act that incorporates the pending changes in Bill C-78 is now available for free. The consolidation was created by B.C. family law arbitrator and author, John-Paul Boyd and announced on Slaw this week.
While commonly referred to as “The New Divorce Act”, Bill C-78 is officially cited as “An Act to amend the Divorce Act, the Family Orders and Agreements Enforcement Assistance Act and the Garnishment, Attachment and Pension Diversion Act and to make consequential amendments to another Act”, S.C. 2019, c. 16. The act significantly amends, but does not replace the current Divorce Act.
Boyd’s consolidated version will fill an important research need until the Bill C-78 changes take effect and are incorporated into the official consolidation of the Divorce Act on Justice Laws. Currently these amendments are listed separately following the text of the Divorce Act, under the heading “Amendments Not In Force”.
Doing some online research and getting no results? Are you using the right words?
When we did research using print sources, the right terms weren’t as essential as they are today. In the print sources you could browse the table of contents and index, review a relevant chapter, and sometimes even open the book to the exact page you need (serendipity – it has happened, honest!).
Doing research with print provides a context; you’re starting with Waddams’ The Law of Contracts, or Brown on Insurance Law in Canada. As you read you discover other relevant terminology and learn more about the area of law. But with online searching you’re sending words into a void with the hope that the results contain the answer you seek.
So how can you avoid wasting time? Begin with the right words. For example, searching for a precedent for a “motion for rectification” instead of an “application for rectification” will return zero results. If you’re not sure of the right words, first do some research in secondary sources such as Perell & Morden’s The Law of Civil Procedure in Ontario, the C.E.D. (print or through WestlawNext Canada) or books on wills and probate. Secondary sources are your friends!
If your online search still doesn’t pull up relevant results, tweak your search. Instead of using a phrase such as “application for rectification”, try broadening the search and do a proximity search instead: application /5 rectification. Be sure to use the correct connectors for the online source since they aren’t always consistent.
It may seem like a waste of time to begin with some preliminary research to gain context and an understanding of a topic, but in the end it may save you time – because the words are important.
If you have been following our blog recently, you might have noticed a few posts concerning our rare book collection. What you might not be aware of is that our rare book collection is actually divided into two main sections: the Riddell Canadian Collection and our general rare book collection.
The Riddell Collection consists of approximately 9,000 books that were bequeathed to the Great Library by William Renwick Riddell. (The original bequest was made in 1916 but Riddell continued to add to his gift in subsequent years.) He specified that his books should be kept together – hence the Riddell Room.
Who was William Renwick Riddell?
William Renwick Riddell, Q.C. (1852-1945) was, among other things, a scholar, historian, lawyer and judge. He was a Law Society Bencher from 1891-1906, was appointed to the Court of King’s Bench in 1906 and to the Court of Appeal in 1925. In his spare time he authored numerous books on Ontario legal history, as well as over 1,000 essays, lectures and book reviews on various topics and served as editor-in-chief of the first edition of the Canadian Abridgment. He has been described as a “compulsive polymath” [i] and “a great collector of books, his own and other peoples”[ii].
The Riddell Canadian Collection
Riddell collected surprisingly few substantive law books. His collection is of significant research value to legal historians and researchers for its early Canadiana and local history titles.
Beyond legal history, the contents of Riddell’s book collection can best be described as eclectic. He seemed to be interested in everything: fiction, grammar, poetry, international relations, astronomy, medicine (including medieval dentistry), religion and the occult. Here’s a sampling of titles:
A Manual of the Principles of Surgery by William Canniff (1866)
The Magic of the Stars by Maurice Maeterlinck (1930)
A Romance of Toronto by Annie G. Savigny (1888)
Handbook of Psychology, Senses and Intellect by James Baldwin (1890)
The Philosophy of Witchcraft by Ian Ferguson (1924)
A Manual of Elementary Chemistry, edited by Robert Bridges (1871)
The History of Emily Montague by Francis Brooke (Moore) (1769), which is considered the first Canadian novel
Epigrammi Toscani di fra Girolamo Pensa di Cigliaro, cavalier di Malta by Girolamo Pensa (1570), the oldest book in Riddell’s collection
Many of the books that Riddell had in his collection have ephemera and ownership marks. Riddell himself often included letters and notes in the books he donated. Some examples include: letters to and from Riddell, notes about the book itself, newspaper clippings, dried plants, as well as many different signatures, inscriptions, and bookplates.
The enactment of the Canadian Charter of Rights and Freedoms does not follow the usual path of Canadian legislation. Tracing its evolution involves research in two jurisdictions – Canada and the UK – since the power to change our Constitution and incorporate new constitutional measures such as the Charter did not lie in our hands but rather with the Crown. This can cause a lot of confusion when searching for source law on the Charter.
For this reason, we have created a LibGuide that aims to guide the researcher in their pursuit to locate and identify legislative intent for the Charter as well as to help form a basic understanding of the legislative pathway the Charter underwent to be enacted. This LibGuide provides the dates and direct links to the British and Canadian Hansards and identifies some helpful secondary and primary source material concerning the Charter. The territories of this LibGuide include:
The Charter: A Brief Legislative History
The Hansards: The Charter in Canada
The Hansards: The Charter in the United Kingdom
Secondary Resources at the Great Library
And the LibGuide is now live! Much like the other LibGuides produced by the Great Library, the Charter LibGuide will be periodically updated. Visit the Great Library Research Guides to find this and other helpful LibGuides produced by the Great Library staff.
This post focuses on the final stage of the research process – writing. The importance of this stage is self-evident – all of the hard work you’ve put into researching your client’s legal problem will be wasted if you can’t effectively communicate your findings and analysis.
In October, the Ontario government announced that they would be raising the claim limit for Smalls Claim Court from $25,000 to $35,000 in the New Year. This is part of an access to justice initiative to make it faster, easier, and more affordable for people and businesses to resolve their disputes in front of a judge.
Currently, all claims that exceed $25,000 must seek redress through the Superior Court of Justice— one of the busiest courts in Canada. By increasing the Smalls Claim Court claim limit, more litigants will be able to bring their disputes to a court where cases are often resolved in less than a year, and where the use of less expensive legal representation such as paralegals, law students, and self-representation is available. This will also help free up the Superior Court of Justice to focus on more pressing family and criminal law cases as more civil cases are diverted to Small Claims Court.
Along with this change also comes the increase in the minimum amount of a claim that may be appealed to Divisional Court from $2,500 to $3,500. Additionally, litigants who started a claim in the Superior Court can seek to transfer their case to Small Claims Court if the claim falls within the monetary threshold.
Legislation Responsible:
O. Reg 343/19 was the regulation responsible for amending O.Reg 626/00, Small Claims Court Jurisdiction and Appeal Limit (regulation under the Courts of Justice Act) to change the maximum claim amount from $25,000 to $35,000. It also increased the minimum amount of a claim that may be appealed to Divisional Court from $2,500 to $3,500. O.Reg 343/19 comes into force on January 1, 2020.
As of December 12 the Legislative Assembly of Ontario stands adjourned for the winter recess and does not plan to return until February 18th. As promised, we have compiled a list of those bills which have progressed through the House this fall (October 28-December 12) and have identified the latest stage they reached before the winter recess.
First Reading
Bill 134, Caribbean Heritage Month Act, 2019 Bill 135, La Francophonie Act, 2019 Bill 137, Franco-Ontarian Community Act, 2019 Bill 139, Caribbean Heritage Month Act, 2019 Bill 140, Defibrillator Registry Act, 2019 Bill 143, Health and Safety at Work Day Act, 2019 Bill 146, Stop Cyberbullying in Ontario Day Act, 2019 Bill 148, Doored But Not Ignored Act, 2019 Bill 149, Dyslexia Awareness Month Act, 2019 Bill 151, Smoke-Free Ontario Amendment Act (Vaping is not for Kids), 2019 Bill 155, Rent Control Act, 2019 Bill 158, Defibrillator Training and Access Act, 2019 Bill 160, Education Amendment Act (Use of Seclusion and Physical Restraints), 2019 Bill 161, Smarter and Stronger Justice Act, 2019 Bill 162, Public Accountability and Lobbyist Transparency Act, 2019 Bill 163, Food Day Ontario (Food Day Canada in Ontario) Act, 2019 Bill 164, Protecting Vulnerable Persons in Supportive Living Accommodation Act, 2019 Bill 165, Ontario Climate Crisis Strategy for the Public Sector Act, 2019 Bill 166, Great Lakes Protection Amendment Act, 2019 Bill 167, Legislative Assembly Amendment Act, 2019 Bill 168, Combating Antisemitism Act, 2019 Bill 169, Home Warranties to Protect Families Act, 2019 Bill 170, Protecting Passenger Safety Act, 2019
Second Reading
Bill 125, Making Northern Ontario Highways Safer Act, 2019
• Lost on division Bill 133, Buy in Canada for Mass Transit Vehicles Act, 2019
• Lost on division Bill 156, Security from Trespass and Protecting Food Safety Act, 2019
• Debate
Committee Stage
Bill 112, Lupus Awareness Day Act, 2019
• Ordered referred to Standing Committee on General Government Bill 130, Combatting Litter for the Environment and Nature Act, 2019
• Ordered referred to Standing Committee on General government Bill 141, Defibrillator Registration and Public Access Act, 2019
• Ordered referred to Standing Committee on Social Policy Bill 142, Highway Traffic Amendment Act (Air Brake Endorsements), 2019
• Ordered referred to Standing Committee on Social Policy Bill 144, Northern Health Travel Grant Advisory Committee Act, 2019
• Ordered referred to Standing Committee on Regulations and Private Bills Bill 145, Trust in Real Estate Services Act, 2019
• Ordered referred to Standing Committee on General government Bill 147, Public Safety Related to Dogs Statute Law Amendment Act, 2019
• Ordered referred to Standing Committee on General government Bill 150, Ensuring Transparency and Integrity in Political Party Elections Act, 2019
• Ordered referred to Standing Committee on General government Bill 152, Occupational Safety and Health Day Act, 2019
• Ordered referred to Standing Committee on Social Policy Bill 153, Long-Term Care Homes Amendment (Till Death Do Us Part) Act, 2019
• Ordered referred to Standing Committee on Social Policy Bill 154, Stop Cyberbullying in Ontario Day Act, 2019
• Ordered referred to Standing Committee on Social Policy Bill 157, COPD Awareness Day Act, 2019
• Ordered referred to Standing Committee on Social Policy Bill 159, Rebuilding Consumer Confidence Act, 2019
• Bill considered by Standing Committee on Social Policy
Royal assent
Bill 6, Poet Laureate of Ontario Act (In Memory of Gord Downie), 2019 (SO 2019, c 16) Bill 116, Foundations for Promoting and Protecting Mental Health and Addictions Services Act, 2019 (SO 2019, c 17) Bill 123, Reserved Parking for Electric Vehicle Charging Act, 2019 (SO 2019, c 18) Bill 124, Protecting a Sustainable Public Sector for Future Generations Act, 2019 (SO 2019 c 12) Bill 132, Better for People, Smarter for Business Act, 2019 (SO 2019, c 14) Bill 136, Provincial Animal Welfare Services Act, 2019 (SO 2019, c 13) Bill 138, Plan to Build Ontario Together Act, 2019 (SO 2019, c 15)
That’s all for now, folks! Come back the end of February for the next “House of Bills: A Weekly Update on Ontario Bills” post.
