Legislative Update – New Proclamation

The Manitoba Government has issued the following proclamation:

With the advice and consent of the Executive Council of Manitoba, we amend the proclamation issued on November 9, 2016, in respect of the coming into force of The New Home Warranty Act (S.M. 2013, c. 23) by striking out “January 1, 2018” and substituting “January 1, 2020”.

This Bill ensures that all new homes built for sale are covered by a warranty against defects in materials, labour and design and structural defects, and requires home builders and warranty providers to be registered.

 

New Practice Direction re Judge-Alone Trials

The Manitoba Court of Queen’s Bench has issued the following new practice direction:

Beginning in February 2018, as a one-year pilot project, all pre-trial conferences for judge-alone trials in the case of new criminal matters will be managed by one of approximately eight judges. A first group of four of these pre-trial judges will be assigned to this project for the first six months of the year and a second group of four pre-trial judges will be assigned to this project for the second six months of the year. Each new criminal matter proceeding by judge-alone will be assigned to one of these pre-trial judges.

Please read the practice direction in full.

Manitoba eLaws – new edition

The lastest Criminal eLaw has been published. If you’re not familiar with  this resource, it is a publication produced by the Law Society of Manitoba with the latest news on a particular area of law, including digests of recent decisions, relevant changes to legislation, and other interesting commentary. eLaws are produced on Business, Criminal, Family, Labour and Employment, Litigation, Property and Succession, and Practice Management.

Selected contents from the Criminal eLaw:

  • Text Messages May Be Protected Under s.8 of the Charter: SCC
  • Joint Trials Permissible and Desirable: SCC
  • Supreme Court Addresses Collateral Immigration Consequences
  • Warrantless Seizure Reasonable: MBCA
  • Legislative Update
  • Report on Legal Aid
  • Criminal Justice Conference: CBA

You can sign up to receive eLaws directly to your email inbox, selecting only the areas of law you’re interested in.

ONCA on Mortgage Enforcement

When homeowners fall behind on their mortgage payments, lenders have the option of foreclosure. Judges have leeway to reach a decision that is equitable to the lender as well as sympathetic to the mortgagor. In Winters v. Hunking, the Court of Appeal overturned a default judgment ordering foreclosure.

The recent decision of the Court of Appeal for Ontario in Winters v Hunking, 2017 ONCA 909 provides an example of the court acknowledging that the mortgagor may have been within its strict legal rights to seek foreclosure on the appellant’s home, but finding that “special circumstances” made such a foreclosure unjust in the circumstances.[FN]

Winters v. Hunking, 2017 ONCA 909

[FN] Commentary by Scott McGrath, Weir Foulds LLP available on Lexology:

Lenders Should Think Twice Before Foreclosing on Sympathetic Mortgagors