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.

Upcoming CPD – Considering Cannabis

January 10, 2019 – Considering Cannabis: Cannabis Legalization and Impacts in the Workplace

The legalization of recreational cannabis brings with it a multitude of issues for employers to address. Experienced labour and employment lawyer Tracey L. Epp, Pitblado LLP, will provide a fascinating review of the legal status of cannabis in Canada from its criminalization early in the last century, to the introduction of medical cannabis in 2001, to the recent legalization of recreational cannabis under the federal Cannabis Act. She will also briefly describe the provincial framework for regulating retail cannabis sales in Manitoba.

The program will explore key issues from an employment perspective particularly with respect to the need for workplace policies that address the use of recreational cannabis both on and off-duty, fitness for work, impairment and the designation of safety sensitive positions. Ms. Epp will also provide a refresher on medical cannabis and relevant employer considerations such as the duty to accommodate and health benefits plan coverage.

If you are an employer or you provide legal advice to employers, this program is not to be missed.

Presenter: Tracey L. Epp, Pitblado LLP

Registration Fee:
Lawyer – $95.00 (plus GST)
Student – $47.50 (plus GST) ~ 50%  Discount
Note: 
Registration fee includes materials and lunch

Webinar Registration Fee: $65 plus GST (includes materials sent electronically) 
Registrants will receive an email prior to January 10 with detailed instructions on how to connect.

Eligibility For CPD Hours: This program may be reported for up to 2 hours of eligible CPD activity.