Legislative Updates: Royal Assent

The following Acts received Royal Assent on June 4, 2018:

Confirm whether the bill requires proclamation by reviewing the Bill Status.

 

eLaw Labour and Employment Law Update

Lots to unpack in the latest Labour and Employment eLaw update:

  • Supreme Court of Canada upheld a BC appeal tribunal’s ruling that the owner of a forest property on which an independent contractor’s employee was killed while felling trees was an employer within the meaning of the Workers Compensation Act and could be fined for failure to meet its safety obligations.
  • SCC scrutinized Quebec’s pay equity regime in two decisions: 2018 SCC 17 and 2018 SCC 18
  • SCC confirmed that employers have a duty to accommodate workers who have suffered work place injuries: 2018 SCC 3
  • MBCA: Unsuccessful appeal of bad faith claim: 2018 MBCA 22

And much more.

SCC to Release Appeals re Trinity Western University-Updated

This Friday, the Supreme Court of Canada will release its decision on Trinity Western University et al v. Law Society of Upper Canada and Law Society of British Columbia v. Trinity Western University et al. These appeals, heard at the same time, concern the denial of accreditation by the law societies of a proposed new law school at Trinity Western. At issue is a community covenant students would be required to sign, based on Evangelical Christian principles of Biblical teachings and morality.

Each appeal was allowed numerous interveners to join (TWU v. LSUC, LSBC v. TWU).

Much has been written about the arguments so far, and there will be more analysis to come. This post will be updated on Friday with a link to the decision.

CanLII Connects re TWU v. LSUC, LSBC v. TWU

theCourt.ca re TWU

Decisions:

Trinity Western University v. Law Society of Upper Canada, 2018 SCC 33

Law Society of British Columbia v. Trinity Western University, 2018 SCC 32

 

Library Closure: June 15

The Manitoba Law Library will  be closing at 11:00 am on Friday, June 15 for a swearing in ceremony reception.

After hours access will be available after 5:00 pm on Friday.

Regular hours will resume on Monday, June 18.

“Modernizing Our Family Law System” – Report

The Manitoba government has just released a report titled Modernizing Our Family Law System, by Manitoba’s Family Law Reform Committee. The 10 page report, followed by 4 pages of appendices, is written in plain English, befitting the audience it is intended for. The Committee suggests a three year pilot project.

Our model would by legislation, require all matters proceeding
under the Family Maintenance Act to be commenced by
an application form which would be simple enough that an
individual could complete it with or without the assistance
of a lawyer.

...

While restricting this pilot project to Family Maintenance Act
matters will significantly limit the scope of this initiative, we
believe there will be a large volume of matters, sufficient to
test the effectiveness of this approach during the pilot phase.

The Committee was formed in the fall of 2017, and completed their report in record time, as mandated by Justice Minister Stefanson.

As many studies have noted, the adversarial court system does not work well for family law matters. Families must continue to work together after divorce and custody issues are taken care of. We will be watching for the government to introduce legislation to enable this project, and keep you informed when it has been released.

News Release: Family Law Modernization Report Recommends Innovative Pilot Project to Improve Outcomes for Children and Families

Both ‘opportunity’ and loss for lawyers in revamp of Manitoba family law