Decision of the Week: Hyczkewycz v Hupe

This decision deserves decision of the week status for its lengthy and exhaustive analysis of the Torrens system. Beard, J.A.’s analysis included resulting trusts and indefeasibility of title, the origins and goals of the Torrens system, both here and in Australasia where it originated, and the interplay between indefeasibility and trusts. The decision also cites a lengthy bibliiography of articles and texts that were consulted, written between 1859 and 2016.

[33]                     While there are decisions on the interpretation of indefeasibility legislation and its effect on the enforcement of unregistered claims, including resulting trust claims, against real property from the appellate courts in the other western provinces, those decisions have, in some instances, come to different conclusions.  There is, to my knowledge, no decision on point from this Court.  Given that there are some differences between the language used in the real property title registry legislation in the various jurisdictions, it is necessary to undertake a review of the origins and goals of the registry systems to determine the correct interpretation of the current legislation in Manitoba.  As all of the western jurisdictions have land registry systems based on the Torrens system of land titles (the Torrens system), this analysis requires a review of the following:  (a) the origins and goals of the Torrens system; (b) the interplay between the Torrens indefeasibility principle and trusts; and (c) Manitoba’s RPA, the effect of the indefeasibility provision and whether trusts can co-exist with indefeasibility.

2019 MBCA 74

Gladue Reports Database Update

Way back in May 2018, I wrote about a project out of Saskatchewan to create a database for researching Gladue principles. This resource was going to operate under a subscription model, but has just received funding to make it open access. Content is from Saskatchewan, however, researchers in other jurisdictions will likely find it a useful starting point. It would be even better if other jurisdictions found a way to add on to it.

For now, congratulations to the Law Society of Saskatchewan, Legal Aid Saskatchewan and the Ministry of Corrections and Policing for having the foresight to develop and fund this resource.

H/t to The Lawyers’ Daily: Creators of novel Gladue database hope it becomes widely used after free access

Practice Direction re New Family Division Case Flow Model

On June 28, 2019, the Court of Queen’s Bench issued a practice direction to assist lawyers in transitioning to the Family Division Case Flow Model.

The New Family Division Case Flow Model (New FD Model) was designed so that pre-February 1, 2019 cases were transitioned into the new case flow with ease. The transition of these existing “old system” cases has, for the most part, gone relatively smoothly. However, there has been some confusion among judges, court staff, the Family Bar and the public on transitional issues. This memorandum has been prepared to offer some further guidance on best practices in transitional cases.

The full memorandum is available here.

Summer Rerun – Charterpedia

Summer vacations cut into staff available to write original posts. Over the next few months we’ll be rerunning posts we think you should be reminded of. Enjoy!

The law librarian world is geeking out today over Charterpedia, the federal government’s compilation of analysis and caselaw on the Canadian Charter. It’s like a crowd-sourced annotated Charter, for free!

This Charterpedia provides legal information about the Charter and contains information about the purpose of each section of the Charter, the analysis or test developed through case law in respect of the section, and any particular considerations related to it. Each Charterpedia entry cites relevant case law, and citations to Supreme Court of Canada decisions are hyperlinked whenever possible.

If you don’t have access to a paid annotated Charter product (or even if you do), I’d highly recommend starting with this.

(Originally published Dec 15, 2017)

New Product – Criminal Law Series

We are thrilled to announce additional digital criminal law content available to all members: Emond Publications award-winning Criminal Law series.

Emond’s award-winning Criminal Law Series offers clear, concise guidance on the practical and procedural aspects of criminal law. Ideally suited for members of the criminal bar and judiciary, this collection covers discrete areas of criminal practice, anchored by the expertise of General Editors Brian H. Greenspan and Justice Vincenzo Rondinelli. Most titles are authored by both defence and Crown counsel, lending balance and comprehensiveness to the series.

Emond.ca

These e-books are accessible by signing in to the member’s portal, clicking on the “Library Resources” on the left hand navigation panel, and then scrolling to the bottom of the page. Don’t miss out on our other resources there, like Rangefindr.ca, a criminal sentencing digest. Go to our “Legal Ease” page for guides on how to use these products if you have difficulty, or contact us at library@lawsociety.mb.ca.