Manitoba eLaw – New Edition – Criminal Law

The August 2018 edition, Update No. 87, has just been released.

In This Issue

  • Solicitor Client Privilege Not a Sword to Pierce Informer Privilege: SCC
  • Sentencing a Highly Individualized Process: SCC
  • CSC Must Ensure Appropriateness of Indigenous Offender
  • Policies and Programming: SCC
  • On-Duty Theft Conviction and Sentence Divides Appeal Court: MBCA
  • Allegations of Judicial Bias Should Not be Made Lightly: MBCA
  • Absence of Aggravating Factors Not Mitigating: MBCA
  • Trafficking Conviction Stands Despite Unlawful Search: MBCA
  • Sextortion a Form of Sexual Violence: MBCA
  • Other Court of Appeal Decisions
  • Queen’s Bench Decisions
  • Legislative Update
  • Court Notices
  • Recommended Reading
  • Fall CPD

How much does a dog bite cost?

$15,127.89 plus court costs, at least in Malig v. Kaur, 2018 ABQB 569.

Mr. Malig was contracted by the owners of a property to remove waste from their backyard. When he entered the yard to view the waste, he was attacked by a large German shepherd and suffered several dog bites requiring stitches.

The case analyses both the statutory duty of care under the Occupiers’ Liability Act and the common law duty of care based on principles of negligence. Mr. Malig was awarded $15,000 for general damages and $127.89 for special damages.

Unfortunately, the dog was given a death sentence.

h/t “What’s hot on CanLII”

New Book Display: New Professionals

Are you new to the profession, practicing a new area of law, or new to the library? We’ve created a display with you in mind! This month at the library we’ve collected a few of our materials that will help you get started.

Also featured on this display is a list of our current awareness newsletters.  This is a service we offer to members of The Law Society of Manitoba to help professionals stay current. We send out updated issues of newsletters from LexisNexis and Westlaw. To be added to our distribution list, email library@lawsociety.mb.ca

If you’re new to the library, we’ve put together an information sheet that breaks down what we subscribe to both electronically and in print, and the services that we offer.

Titles on display are:

To take out one of these books, please see a staff member.

Distracted Driving and Disabling Technology

A recent decision from the British Columbia Provincial Court acquitted a driver of using a cellphone while driving. Vancouver Island police were conducting a cellphone and seatbelt safety campaign when they charged a driver with using a cellphone while driving. The driver had been informed by his employer that his cellphone had been equipped with software that disabled it from functioning when it was in a vehicle in motion. At the time he was charged, he had moved it from the passenger seat beside him to the dashboard.

The judge considered the term “use” in both the Motor Vehicles Act and the Use of Electronic Devices While Driving Regulation. Every jurisdiction has its own distracted driving law, so the facts of this case may not be applicable elsewhere.

R. v. Tannhauser, 2018 BCPC 183

h/t What’s hot on CanLII this week.