New Edition of Communiqué

The February 2018 edition of Communiqué, the Law Society of Manitoba’s newsletter, has just been published.

Featured content includes:

  • An introduction to our new Equity Officer and Policy Counsel, Alissa Schacter;
  • A timely article from General Counsel Darcia Senft on the duty of counsel to sign court orders and consent orders when your client instructs you not to;
  • A reminder to report your CPD activities; and
  • A very informative article from Karen Dyck at the Manitoba Law Foundation on where the interest from your trust account goes.

Enjoy!

 

CPD With High Conflict Expert

The 2018 Annual Joint Family Law Program is coming up on March 9, 2018.

 “Should an almost two-year “status quo” created by manipulation and deceit prevail in a custody trial?” 

“Can an otherwise “good mother” be entrusted with custody of a three year old, if she has consistently undermined the child’s relationship with an equally “good father”?”

“Why did parents of modest means choose to impoverish themselves – and their daughter’s future — for a needlessly destructive three-year court battle? . . . For the sake of the child? . . . Not a chance.”

These are the questions a judge asked himself in two different custody trials in Ontario.  He was dealing with high conflict cases.  Those are the cases that are heartbreaking for mental health professionals, lawyers and judges when the questions about parenting devolve to which parent will do the least harm to the child.

The organizing committee of the Annual Joint Family Law Program is delighted to announce that Dr. Barbara Jo Fidler , a respected and renowned clinical developmental psychologist with over 33 years’ experience working with high conflict parenting matters in separating and divorcing families, is attending as a featured speaker this year. She has been an expert witness in court on the issues and her research has been cited with approval by judges who must make decisions about custody in the high conflict cases.

High conflict families bankrupt themselves with seemingly unending litigation. They involve the resources of Child and Family Services, the police, psychologists, psychiatrists, teachers, principals, neighbours and family members.  High conflict parents challenge the legal system by ignoring or defying court orders, abducting the children, alienating the other parent and bringing multiple applications. Dealing with the high conflict case is exhausting and frustrating for professionals who deal with the family, and the unending high conflict has a devastating effect on the physical and mental health of the children who are living in the middle. This year’s program will appeal to all of the professionals who must deal with these families.

Dr. Fidler will share her insights and expertise in high conflict cases, offering specific practical advice to lawyers, judges and CFS professionals in three separate presentations throughout the afternoon at the annual Joint Family Law program, entitled “The Tough Stuff”, on Friday, March 9, 2018 at the Grand Ballroom in Fort Garry Place

In “High Conflict Cases: Characteristics & Interventions”, Dr. Fidler explains the role of cognitive biases that can affect decisions about high conflict cases. She identifies the behaviours and attitudes of parents that characterize high conflict cases and offers some tools for the variety of professionals facing these matters.

Following that presentation, Dr. Fidler is joined by Manitoba Court of Queen’s Bench judge, Justice John Menzies from Brandon and experienced Winnipeg family law lawyer, Patricia Lane in a panel on High Conflict Cases in Court.

The panelists will share their unique perspectives in a discussion which will draw examples from four recent Manitoba high conflict cases involving Child and Family Services agencies, multiple interventions and different court decisions.  G. v G. made the news in 2016 when the mother was captured in a park after abducting the children.  Ulloa v Ulloa deals with a family where the delusional beliefs held by one mentally ill parent are destroying her ability to raise her children in a healthy environment. B. v B. is an example of a high conflict case where the hard decision to change custody was made at an early stage in the proceedings.  Wenzel v Wenzel is a case where the Court of Appeal turned a sole custody order into a joint custody order when faced with a procedural error at trial.  The facts will be summarized in the materials sent to registrants in advance of the program, and the discussion on the panel will be frank in the effort to help us learn from our experiences.

In the presentation that closes the program, Dr. Fidler makes direct recommendations for clinical interventions, and offers suggestions about the role of the Courts and the use of legal remedies when dealing with high conflict family cases.

The Tough Stuff  is a day long program that also tackles other complex and challenging issues including family trusts, pensions, professional or family corporations and service on spouses outside of Canada under the Hague Service Convention rules.

To see the full program agenda and to learn more about this year’s program being held on Friday, March 9, 2018 in the Grand Ballroom at Fort Garry Place, visit the Law Society website today.

Early bird registration ends this Friday, February 9, 2018.

 

Legislative Update – New Proclamation

The Government of Manitoba proclaims the following:

With the advice and consent of the Executive Council of Manitoba, we name January 25, 2018, as the day on which The Efficiency Manitoba Act (S.M. 2017, c. 18), except for sections 37, 44 and 49, comes into force.

The purpose of the act is to establish Efficiency Manitoba Inc. Efficiency Manitoba’s mandate is to achieve electrical energy savings of 1.5% annually and natural gas savings of 0.75% annually during the first 15 years of operation. For more information see the explanatory note at the beginning of the act.

 

Manitoba eLaw – New Edition – Labour and Employment Update

Our eLaw editor has been churning out updates fast and furiously (or should that be with fire and fury?) This February 2018 Update No. 31 on
Labour and Employment Law contains the following:

In This Issue
Expanding the Scope of the Prohibition Against Workplace Discrimination: SCC (British Columbia Human Rights Tribunal v. Schrenk)
Reasonable Notice and Compensation for Manner of Dismissal: MBCA (Grant v. Electra Sign Ltd.)
Conduct Decision Unreasonable: MBCA (Ahmed v. College of Registered Nurses)
Reduced Duty of Fairness Applies to Investigatory Bodies: MBCA (Kuny v. College of Registered Nurses of Manitoba)
Adding New Breach of Contract Claim in CNR Pension Dispute: MBQB (Hall et al v. Canadian National Railway)
Legislative Update
Recommended Reading
Upcoming MBA Programs
2018 Accommodation Law Conference

Members of the Manitoba bar can sign up for email delivery of e-law publications as they’re published.

Upcoming CPD

The Law Society of Manitoba requires members to complete 12 hours of continuing professional development each year. Here are some upcoming programs that will help you meet these requirements:

The Manitoba Bar Association also offers CPD opportunities. And don’t forget, delivering CPD also counts towards your CPD requirements.