Estates Trusts & Pensions Journal, Volume 42 Number 4. August 2023
From the law reports
“Case comment on Grattan Estates” 42 ETPJ 387
“The court in Grattan Estate, Referenced the Manitoba Court of Appeal’s decision in George v. Daily, where it was stated that ‘the crucial question to be answered is whether there was a deliberate or fixed and final expression of intention as to the disposal of his or her property on death.'”
Articles
“A Coach and Four Horses: Roaming the Legislative Gap of British Columbia’s Wills Variation Regime” 42 ETPJ 394
“Alberta’s New Trustee Act” 42 ETPJ 418
“Dispositive Delusions Affecting Wills: Part One – The Legal Perspective and Challenges Posed by Definitions” 42 ETPJ 435
“Capacity assessment and litigation in estate matters frequently involve collaboration between lawyers and physicians. While ‘delusion’ is a term that appears frequently in both legal and medical work, the professions differ in their understanding of the definition.'”
For a copy of these articles, law society members can email us at library@lawsociety.mb.ca to request a pdf copy.
We also have other journals available through Westlaw and Quicklaw. Here are the newest issues of popular titles.
Canadian Criminal Law Review
“The Ties That Bind Us Together: Precedent and the Role of Appellate Courts in Setting Sentencing Ranges and Starting Points” 27 Can. Crim. L. Rev. 1
“Is the Right to Counsel a Nuisance?” 27 Can. Crim. L. Rev. 37
“State Action in Action: The Charter’s Application in Criminal Investigations” 27 Can. Crim. L. Rev. 61
“Survol des Facteurs Circonstanciels Relatifs à la Possession en Matière Criminelle” 27 Can. Crim. L. Rev. 97
Canadian Journal of Law and Technology
“The Future of Data Protection Enforcement in Canada: Lessons from the GDPR”21 Can. J. L. & Tech. 1
“Slouching Toward Regulation: Assessing Bill 88 as a Solution for Workplace Surveillance Harms” 21 Can. J. L. & Tech. 23
“When Your Boss Is an Algorithm: Preserving Canadian Employment Standards in the Digital Economy” 321 Can. J. L. & Tech. 47
“The Challenge Designing Intermediary Liability Laws” 21 Can. J. L. & Tech. 67
“The Need for Cyber Resilience of Space Assets: Law and Policy Considerations of Ensuring Cybersecurity in Outer Space” 21 Can. J. L. & Tech. 99
University of Toronto Law Journal
“How Victims Matter: Rethinking the Significance of the Victim in Criminal Theory” 73 U. Toronto L.J. 263
“Rethinking Relational Architecture: Interpersonal Justice Beyond Private Law” 73 U. Toronto L.J. 293
“Flexibility, Choice, and Labour Law: The Challenge of On-Demand Platforms” 73 U. Toronto L.J. 348
The latest edition of Estates Trusts & Pensions Journal (Volume 42 Number 3) has arrived. Members can request pdf copies of articles, or borrow the print version.
This month’s contents:
FROM THE LAW REPORTS
“A paradigm shift in the protection and representation of vulnerable persons in Quebec” Lauren Flam 259
ARTICLES
“Is the Grass Always Greener in the Offshore Tax Haven? A Comparison of Offshore Trust Specific Anti-avoidance Rules
in Canada, the United States, the United Kingdom and France” Elizabeth Bozek 265
“Goodbye and Good Riddance to the Doctrines of “Fraud on a Power” and “The Entire Substratum”…Now if only we could figure out the “Proper Purpose” Rule” Joel Nitikmon 281
“The Impact of Alcohol on Testamentary Capacity (Installment Two — The Medical Picture and Practice Recommendations) Dr. Arlin Pachet, John E. S. Poyser, and Ryan H.K. Gorlick 329”
“Estate and Post-Mortem Tax Planning with Wills, Multiple Wills, and Alter Ego or Joint Partner Trusts” Wendy 0. Templeton 350
We also provide articles from other journals from Westlaw and Quicklaw upon request. Below are the journals with the latest contents. Click on the title for more information.
Intellectual Property Journal
“Balancing Freedom of Expression, Copyright, and Trademark Rights: Art or Science?”35 I.P.J. 141 Daniel R. Bereskin, C.M., K.C.
““Inducing” Copyright Infringement in Canada: Is It a Thing?” 35 I.P.J. 171 David Vaver
“Against Balancing” 35 I.P.J. 181 Norman Siebrasse
“Lessons from ArriveCAN: Access to Information and Justice During a Glitch” 35 I.P.J. 99 Matt Malone
Canadian College of Construction Lawyers
“Collaborative Solutions in Construction: Rising to the Challenges Facing International Construction” 2023 J. Can. C. Construction Law. 1 Professor Doug Jones, AO
“Privilege, Confidentiality and Related Concepts–A Discussion Paper to Help with Common Challenges” 2023 J. Can. C. Construction Law. 109 Gregory A.C. Moores, David A. Barry
“Considering Consideration: The Role of Fresh Consideration in Unilateral Amendments to Construction Contracts” 2023 J. Can. C. Construction Law. 75 Catriona M.L. Otto-Johnston, Elisa J. Stewart
“Construction Law in the Age of Vavilov” 2023 J. Can. C. Construction Law. 57 James D. MacNeil, Katie Short
“Why Hurry up and Wait: The Benefits and Risks of Employing a Pacing Strategy on a Construction Projects” 2023 J. Can. C. Construction Law. 23 Seema Lal
“Drastic Remedies for Drastic Problems: Frustration, Mistake, Misrepresentation, and Repudiatory Breach” 2023 J. Can. C. Construction Law. 39 Brian Samuels, K.C. , Stephanie McHugh
Estates Trusts & Pensions Journal, Volume 42 Number 2
The latest edition of Estates Trusts & Pensions Journal has arrived and is now available for loan.
The February 2023 issue includes:
From the Law Reports:
Polly Storey, “Case Comment: Fuller v. Fuller”(2023) 42:2 E.T.P.J. 103.
Articles:
Mitchell McInnes, “Unjust Enrichment and Trusts: Restitution and Indemnification in Law and Equity” (2023) 42:2 E.T.P.J. 108.
Dr. Arlin Pachet, John E.S. Poyser & Ryan H.K. Gorlick, “The Impact of Alcohol on Testamentary Capacity (Installment One — The Legal Picture)” (2023) 42:2 E.T.P.J. 140.
Emily Clough & Polly Storey, “Adult Guardianship in British Columbia” (2023) 42:2 E.T.P.J. 177.
Erin Lafuente & Harkirat Teja, “Adult Guardianships and Trusteeships in Alberta” (2023) 42:2 E.T.P.J. 193.
Kimberly Visram, “Guardianships of Property and of the Person in Saskatchewan” (2023) 42:2 E.T.P.J. 204.
Anita Southall and David Thiessen, “Appointment of Guardians for Incapable Adults in Manitoba” (2023) 42:2 E.T.P.J. 212.
Christina Shum, “Guardianship of Property and of the Person in Ontario” (2023) 42:2 E.T.P.J. 221.
Christopher J. Marr, “Guardianship Appointments in New Brunswick” (2023) 42:2 E.T.P.J. 228.
Sarah M. Almon, “Adult Representation in Nova Scotia” (2023) 42:2 E.T.P.J. 234.
Barbara E. Smith, K.C. & Sean R. Seviour, “Guardianship for Property and of the Person in Prince Edward Island” (2023) 42:2 E.T.P.J. 242.
Paul Coxworthy, “Guardianship for Property and of the Person in Newfoundland and Labrador” (2023) 42:2 E.T.P.J. 249.
Interested in an electronic copy? Law Society members are welcome to email us at library@lawsociety.mb.ca for a PDF of the latest legal journal articles (subject to copyright regulations).
The latest edition of Estates Trusts & Pensions Journal, Volume 42 Number 1, has arrived and is now available for loan.
This month’s Articles
From the Law Reports
“Valuing Corporate-Owned Life Insurance For Estate Administration Tax Purposes” Barry S. Corbin
“Important Considerations on the Disinheritance of Children” Elisa Rabello and Broynn Rosser
“Case Comment – Pirani v. Pirani, the appeal decision” Roger Lee
Articles
“Rescission in Tax Law: Where are We Now?” Catherine Brown
“Conflicts When Acting for a Trustee and a Beneficiary” C.D. Freedman
“Recent Developments in Quebec on the Law Applicable to Will of Succession Substitutes” Jeffrey Talpis
“Protecting Beneficiaries From Protectors: How We Might Expect the Judiciary to Provide a Check on Donees with Powerful Powers” Baruch Wise
We can also email pdf copies of the latest articles for Law Society Members. For a copy of these or other legal journal articles email us at library@lawsociety.mb.ca.
Banking and Finance Law Review
“Allocating Liabilities in Open Banking in Canada” 39 B.F.L.R. 33 Scott Farrell
“Introduction to the Fourth Annual Special Issue on Fintech” 39 B.F.L.R. 1 Virginia Torrie, Ryan Clements, Aurelio Gurrea-Martínez
“FinTech and the Four Horsemen of the Apocalypse: Building Financial Ecosystems for Resilience, Innovation and Sustainable Development” 39 B.F.L.R. 5 Douglas W. Arner, Ross P. Buckley, Dirk A. Zetzsche
“Using Distributed Ledger Technologies to Disintermediate International Bond Markets: The Good, the Bad and the Ugly” 39 B.F.L.R. 61 Catarina Saramago
“How to Find Stolen Cryptocurrency: Litigation Tools Used by Insolvency Professionals in Dooga” 39 B.F.L.R. 135 Tamie Dolny, Simon Dugas
“The Merits of Token Capital Raises” 39 B.F.L.R. 125 Duncan Pardoe
“Fintech: Financial Inclusion or Exclusion?” 39 B.F.L.R. 93 Yoke Wang Tok, Dyna Heng
Book reviews
“Fintech Regulation in China: Principles, Policies and Practices, Robin Hui Huang (Cambridge: Cambridge University Press, 2021) 298pp. CA$ 39.95” 39 B.F.L.R. 149 Casey Watters
“Cryptocurrencies and Cryptoassets: Regulatory and Legal Issues, Andrew Haynes and Peter Yeoh (Informa Law from Routledge, 2020) 277 pp. US$35.20 (Paperback)/US$148.00 (Hardback)” 39 B.F.L.R. 153 Carol GoforthCryptocurrencies in Public and Private Law, Edited by David Fox and Sarah Green (Oxford University Press, 2019) 368pp. US$155.00 39 B.F.L.R. 145 Andrew Haynes
The library’s collection continues to be updated and expanded with new editions and titles, with the latest update to Widdifield on Executors and Trustees. Read below for a summary of this authoritative title and then keep scrolling to see what over resources we have in the area of Wills and Estate Law.
“This seminal classic of Canadian legal literature has been completely revised and updated by an author team drawn from the front ranks of the profession nation-wide.
“Widdifield on Executors and Trustees offers a comprehensive exposition of the law relating to the exercise of the duties and prerogatives of the executor or trustee in Canadian law.
“Each of the 17 original chapters has been brought up-to-date with case law and legislation from all jurisdictions to provide a national perspective. To reflect the development of the law in this area since the previous edition, a new chapter focusing on the impact of family law upon the administration of estates has been added.”
The library has several other recent texts to help solve your Will and Trusts questions.
Lewin on Trusts — 20th ed. KF 730 .L4 2020 Lewin on Trusts gives an in-depth analysis of both general principles and practical considerations, covering all aspects of trusts law, including creation of trusts, jurisdiction and choice of law, the role and duties, indemnity and remuneration of trustees, the rights of beneficiaries, dispositive and administrative powers concerning trusts, trust proceedings and remedies, and regulation of trusts and trustees.
“…examines both the general and the technical issues that can arise in this area of the law, and deftly combines advice on the substantive law with useful drafting direction. The commentary covers the full range of practical concerns that underpin trust drafting, and highlights the possible problems practitioners may encounter, from coast to coast..”
“…a comprehensive and practical resource designed to assist the executor, administrator or liquidator with this undertaking, and provides the information and direction required to administer an estate in Canada, from start to finish.”
Newsletters and Current Awareness
For the most current information be sure to watch our blog for regular updates to our newsletters.
Estates trusts and Pensions journal – “covers new trends in estates and trusts with special coverage of pensions issues. Informative articles, insightful comments on important cases and new legislation, along with a discussion of useful texts in the area, make this a critical tool for anyone involved in the estates, trusts and pensions areas, such as lawyers, trustees, actuaries, custodians, and accountants. Published four times a year, each edition is packed with vital information, saving you time, while ensuring you stay current on the latest issues.”
WeirFoulds Estates & Trusts Newsletter – Reports and comments on recent court decisions and other developments in Canadian estates and trusts law. This newsletter is part of our Current Awareness journals that are available for Law Society Members. If you are interested in receiving regular emails of any of these newsletters email us at library@lawsociety.mb.ca
This helpful resources is available in the library on our workstations. It includes primary sources, commentary, precedents, and finding tools for planners, administrators and litigators.
See our full Wills Collection for even more titles and resources.
Will Week is a week-long series of free public events to bring awareness to the importance of wills and estate planning. Seminars start Tuesday April 26, 2022. Visit the Library’s events calendar for session and registration information.
The event is a collaboration between the Manitoba Bar Association, The Winnipeg Foundation and the Public Guardian and Trustee. To learn more about Will Week, visit the Winnipeg Foundation website.
As part of this year’s Will Week, we have put together a digital book display using our collection of Wills, Estates, and Trusts texts.
To help you browse, we’ve compiled some of our most recent print titles, journal titles, and materials published by the Law Society of Manitoba into this virtual book display.
How to use this display
Click on the image of a title you’re interested in to view the catalog listing (includes the abstract and subject headings).
Our library catalog allows you to create a reading list and keep track of titles. Click “select” at the bottom left of the item’s catalog record. You can add as many titles as you like to your list and email or print it for future reference.
We hope you enjoy this digital book display!
Wills
The following print titles are available:
Drafting Wills in CanadaFeeney’s Canadian Law of WillsOosterhoff on WillsThe Law of Dependents’ Relief in CanadaCapacity and Undue InfluenceDrafting Trusts & Will Trusts in CanadaWills
We also subscribe to journals that exclusively cover the topics of Wills, Estates, and Trusts. Journal titles from HeinOnline Law Journal Library are available behind the Law Society Member Portal:
Estates Trusts and Pensions Journal (print – current to 2022; HeinOnline – available to 2018 online)
Estate Planning & Community Property Law Journal (HeinOnline – vol. 1-14, 2008-2021)
The Manitoba Law Library would like to acknowledge with gratitude that we are situated on Treaty One Territory, the traditional lands of the Anishinaabe, Cree and Dakota peoples, and the homeland of the Métis Nation.
Printing and Photocopying
If you need to use the library’s printing and photocopying services you will need to create an account. See us at the front desk for assistance.
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