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.
 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.
 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?
 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
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.
Vol. 37, No. 1 of the Estates, Trusts and Pensions Journal has just arrived.
TABLE OF CONTENTS
From the Legislature
- RESPs and the Deceased Subscriber by Lorraine Allard and Bernadette Dietrich
- The Modernization of Trustee Law in Atlantic Canada by Sarah Dykema
- Foreign Guardians of Property and the Ontario Substitute Decisions Act by Matthew Furrow
- Multiple Wills in British Columbia by Geoffrey W. White
- Multiple Wills in Alberta by Nancy Golding
- Multiple Wills in Saskatchewan by Karen Crellin
- Multiple Wills in Manitoba by K. Eleanor Wiebe
- Multiple Wills in Ontario by Marni M.K. Whitaker
- The Use of Multiple Wills as an Estate Planning Technique in Atlantic Canada by Timothy C. Matthews and Gerald S. McMackin
- Informal Fiduciary Accounting: Who, What, When, Where and Why by Susannah B. Roth
- Quebec: “La Fente” or Legal Devolution to Relatives of the Half-Blood by Marilyn Piccini Roy
- Ontario and the Convention on the Law Applicable to Trusts and on their Recognition by K. Thomas Grozinger
- Whose Claim is it Anyway: Who is Entitled to Assert and Settle a Claim with Respect to a Pension Benefits Act Deemed Trust? by Andrea Boctor
If you would like to receive a copy of any of these articles, please contact the library at firstname.lastname@example.org.
New additions to our print collection:
Tort Law, 6th ed. by Lewis N. Klar
The Law of Declaratory Judgments, 4th ed. by Lazar Sarna
Watt’s Manual of Criminal Jury Instructions, 2nd ed. by The Honourable Mr. Justice David Watt
Practice and Procedure Before Administrative Tribunals by Robert W. Macaulay and James L.H. Sprague (6 vol. looseleaf)
New items are kept in our reserve collection, which is only available during business hours. Depending on demand, these can be borrowed for use off site for a limited amount of time.
The Manitoba Government has issued the following proclamation:
With the advice and consent of the Executive Council of Manitoba, we amend the proclamation issued on November 9, 2016, in respect of the coming into force of The New Home Warranty Act (S.M. 2013, c. 23) by striking out “January 1, 2018” and substituting “January 1, 2020”.
This Bill ensures that all new homes built for sale are covered by a warranty against defects in materials, labour and design and structural defects, and requires home builders and warranty providers to be registered.