Manitoba eLaw – New Edition – Property and Succession

Update 90, January 2018 has been published. Contents include:

  • Equity Enforces Promises That the Law Does Not: Cowper-Smith v. Morgan, SCC
  • Courts Play a Critical Role in Safeguarding Treaty Rights: SCC
  • Land Titles and Personal Property Registry Changes: Notices and Directives
  • Recommended Reading
  • STEP Programs

I found the Cowper-Smith decision of personal interest. When families no longer live close to aging parents, one sibling can be required to take on more caretaking duties than others, and there should be a way to guarantee recognition for this, especially, as in this case, where an oral agreement was in place.

New book display: Family Law

A book display with six books, on three levels of a bookcase. In the middle is a sign that says "New and featured books: Family Law". Book titles are in the blog post.We have a new book display set-up at the Library on the theme of Family Law.

All books are items from our reserve room, and thus are the most recent editions.

If you’re looking to take out any of these books, please let a staff member know (48 hour loan period).

 

The titles are:

  • Manitoba CPLED Program 2016-2017: Family Law
  • Settling Family Law Cases: Practical Techniques for Advocates and Neutrals by Lorne Wolfson (2017)
  • Family Law Arbitration in Canada (3rd ed.) by Ann C. Wilton and Gary S. Joseph (2017)
  • Child Support Guidelines Law and Practice by James C. MacDonald and Ann C. Wilton [no longer updated, current to 2016] *
  • Financial Principles of Family Law by Andrew J. Freedman and Paula G. White [no longer updated, current to 2016] *
  • The Annotated Divorce Act, 2018 ed., MacDonald and Wilton

 

* Looseleaf titles, which are available upon request.

Manitoba eLaws – New Edition – Family Law

The January 2018 edition of the Family Law Update has been published.  Selected contents include:

  • Decision Dismissing Variation Motion Upheld: MBCA
  • Awarding Sole Custody Without Pleading a Procedural Error: MBCA
  • Recent Care and Control Cases: MBQB
  • $10,000 Security for Costs Ordered in High Conflict Support Variation Case: MBQB
  • Review of Manitoba’s Child Welfare Legislation
  • Annual Joint Family Law Program
  • Collaborative Practice Manitoba Spring Offerings

Members have the option of signing up for delivery.

Delay and Civil Litigation

Trial delays are a long-standing issue in the justice system. The latest amendment to Manitoba’s Queen’s Bench Rules, effective January 1, 2018,  addresses that head on. A recent Alberta Court of Appeal decision, Humphreys v. Trebilcock, 2017 ABCA 116 (leave to appeal to the Supreme Court of Canada dismissed) thoroughly examines this issue. 

The plaintiffs commenced their action, a claim that the defendants engaged in fraudulent business practices, on December 14, 2006. A trial would not likely take place until 2020.

[175]      The plaintiffs have not provided a satisfactory excuse to account for their failure to press their action ahead with reasonable expedition. They do not allege that the defendants have engaged in acts either intended or having the effect of interfering with the ordinary advance of the action.

[176]      Has the inordinate and inexcusable delay for which the plaintiffs are responsible impaired an important interest of the defendants? If so, is it sufficiently important to justify an order dismissing the plaintiffs’ action?

[177]      The moving parties have proved that it is more likely than not that the nonmoving parties’ inordinate and inexcusable delay has caused them nonlitigation and litigation prejudice.

Further commentary is available on Lexology:

Unanimous Supreme Court of Canada Denies Leave on Chronic Delay Case, Dalton W. McGrath and Michael O’Brien of Blake, Cassels & Graydon LLP

 

 

Manitoba eLaws – New Edition – Business Law

The latest Business 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 this edition of Business eLaw:

  • Framework for Imposing Liability in Negligent Misrepresentation Cases: SCC
  • Courts Play a Critical Role in Safeguarding Treaty Rights: SCC
  • Certainty in Commercial Relations Critical: MBCA
  • Retroactive COLA Payments Not Oppressive: MBQB
  • By-law Interpretation Challenge Compelling but Unsuccessful: MBQB
  • Legislative Update
  • FinTech Report: Competition Bureau
  • 2018 Mid-Winter Conference: MBA

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