New Practice Direction re Judge-Alone Trials

The Manitoba Court of Queen’s Bench has issued the following new practice direction:

Beginning in February 2018, as a one-year pilot project, all pre-trial conferences for judge-alone trials in the case of new criminal matters will be managed by one of approximately eight judges. A first group of four of these pre-trial judges will be assigned to this project for the first six months of the year and a second group of four pre-trial judges will be assigned to this project for the second six months of the year. Each new criminal matter proceeding by judge-alone will be assigned to one of these pre-trial judges.

Please read the practice direction in full.

Book display: Criminal Law

A book display with eight books, on three levels of a bookcase. In the middle is a sign that says "New and featured books: Criminal Law". Book titles are in the blog post.
Click this image for a bigger version!

We have a new book display available in the Library all based around Criminal 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:

  • Impaired Driving in Canada (4th ed.) by Justice Joseph F. Kenkel
  • The Law of Search and Seizure in Canada (9th ed.) by James A. Fontana and David Feeshan
  • Youth Criminal Justice Law by Nicholas Bala and Sanjeev Anand
  • Examination of Witnesses in Criminal Cases (7th ed.) by Earl J. Levy
  • Sentencing (9th ed.) by Clayton C. Ruby, et. al.
  • 2017 Martin’s Annual Criminal Code
  • 2017-2018 Martin’s Related Criminal Statutes
  • 2016-2017 Criminal Procedure by the Manitoba CPLED Program

Manitoba eLaws – new edition

The lastest Criminal 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 the Criminal eLaw:

  • Text Messages May Be Protected Under s.8 of the Charter: SCC
  • Joint Trials Permissible and Desirable: SCC
  • Supreme Court Addresses Collateral Immigration Consequences
  • Warrantless Seizure Reasonable: MBCA
  • Legislative Update
  • Report on Legal Aid
  • Criminal Justice Conference: CBA

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

ONCA on Mortgage Enforcement

When homeowners fall behind on their mortgage payments, lenders have the option of foreclosure. Judges have leeway to reach a decision that is equitable to the lender as well as sympathetic to the mortgagor. In Winters v. Hunking, the Court of Appeal overturned a default judgment ordering foreclosure.

The recent decision of the Court of Appeal for Ontario in Winters v Hunking, 2017 ONCA 909 provides an example of the court acknowledging that the mortgagor may have been within its strict legal rights to seek foreclosure on the appellant’s home, but finding that “special circumstances” made such a foreclosure unjust in the circumstances.[FN]

Winters v. Hunking, 2017 ONCA 909

[FN] Commentary by Scott McGrath, Weir Foulds LLP available on Lexology:

Lenders Should Think Twice Before Foreclosing on Sympathetic Mortgagors