Manitoba eLaw – New Edition – Litigation

December 2018, Issue No. 86 Highlights:

The full edition is available here

ICLR Weekly Case Law Update

Here’s the Weekly Case Law Update for January 14, 2019.

Decisions covering the following topics:

  • Crime
  • Employment
  • European Union
  • Public Law
  • Tax

If you are a member of the Law Society of Manitoba, and would like a copy of any of the decisions from the digest please contact the library and we will be  happy to provide those for you.





Legislative Updates: New Proclamations

The Government of Manitoba has proclaimed the following Acts:

  1. The Energy Rate Stabilization Repeal Act, S.M. 1991-1992, c. 40,  (section 2), effective December 20, 2018.
  2. The Traffic and Transportation Modernization Act, S.M. 2018, c. 10, Schedules A, B, C, D, and E, effective March 1, 2019.
  3. The Regulated Health Professionals Act, S.M. 2009, c. 15, various sections, effective January 1, 2019.
  4. The Planning Amendment Act (Improving Efficiency in Planning), S.M. 2018, c. 14, various sections, effective December 15, 2018.
  5. The Employment Standards Code Amendment Act (2), S.M. 2018, c. 15, sections 2, 3, 8, and 14, effective November 26, 2018.
  6. The Film and Video Classification and Distribution Act, S.M. 2018, c. 11, effective December 17, 2018.

Decision of the Week

The first “Decision of the Week” concerns an argument that comes up from time to time:

[1]         When is a human being a person?  Shouldn’t a human being be able to escape a photo-radar ticket fine because The Highway Traffic Act C.C.S.M. c. H60 (“HTA”) does not apply to humans, but rather only to persons?

R. v. Penner, 2018 MBQB 200

Mr. Penner, as agent for his wife, challenged a photo-radar speeding ticket. Martin, J. quashed the appeal orally with written reasons to follow.

[3]         I write them not to convey any insightful legal analysis but to provide precedent for the many justices of the peace and provincial court judges who are increasingly facing these specious arguments, gussied up like legal briefs with all the accompanying bafflegab.  Those judicial officers should feel confident that they can dismiss nonsensical submissions summarily.  And those promoting these points of view should know that their arguments will get the time and attention they deserve, little to none.

The Alberta Court of Queen’s Bench issued a lengthy decision on this issue in 2012, Meads v. Meads, 2012 ABQB 571. While nowhere near as lengthy, perhaps Justice Martin’s decision can be as useful.

New Book Display: Impaired Driving

We’ve put together a display of relevant resources on impaired driving both physical, and electronic to help you and your clients in the New Year. 

Books in the library:

desLibris (Behind the Law Society of Manitoba Member’s Portal)

Newsletters:

  • Segal’s Motor Vehicle and Impaired Driving Newsletter
  • Impaired Driving NetLetter

*Newsletter distribution service is only offered to member’s of the Law Society of Manitoba.

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