Contents Update: Estates Trusts & Pensions Journal

The latest edition of Estates Trusts & Pensions Journal has arrived and is now available for loan.

The current issue, Volume 39 Number 3, May 2020 includes:

From the Law Reports

  • The impact of the Act Respecting the Transfer of Securities and the Establishment of Security Entitlements in Determining the Validity of a Gift under Quebec Law: A Case Comment on Labis v. Labis, by Sharon G. Drucker

From the Legislatures

  • TOSI in the Realm of Trusts and Estates, by Trista Gallant

Articles

  • To Give or Not to Give? An Examination of Bequests in Lieu of Executor’s Compensation, by Jessica Feldman Chittley
  • Estates and Family Law Intersect: Separation from an Incapable Spouse, by Lorisa Stein and Marni M. K. Whitaker
  • Legal Issues Associated with Informal Public Appeals and Crowdfunding, by Johanna C.C. Caithness

If you would like a copy of any of these articles, please email library@lawsociety.mb.ca and we would be happy to provide them, subject to copyright regulations.

Reopening the Library

Manitoba has done a fantastic job at reducing the spread of COVID-19. At the Great Library, we’re happy to welcome you back to in person visits – with some restrictions.

In order to follow public health orders, we will restrict access to lawyers and the judiciary only, and only when staff are present. At this time staff will be available from 8:30 – 12:00 and 1:30 – 4:00 Monday through Friday. We ask that you call us when you reach the door and we will let you in. Please keep your visits to 30 minutes or less.

We continue to be available by email at library@lawsociety.mb.ca. If you require print materials, you can request them by phone or email, and we will collect them for you. You can pick them up at the security entrance on Kennedy, and return them there as well.

New Provincial Court Notices

The following notices have been posted by the Provincial court relating to COVID-19:

Notice – Provincial Offences Act proceedings – Update May 19th – Further to the notices of March 16, 2020 and April 15,2020, the Court Office at 373 Broadway will remain closed to the public until July 6, 2020. There will be limited resumptions of services as well as options for remote dealings. Options for dealing with tickets are provided.

Notice – Teleconference Availability in Provincial Court courtrooms (May 26, 2020) – “Further to the notice issued by the Provincial Court on March 23, 2020. The purpose of this practice notice is to reduce the number of people who are attending to the courthouse, including legal counsel.” Instructions for teleconferences are detailed.

Notice – Pre-Trial Coordinator Timelines (May 28, 2020) – “The timelines as set out in the PTC Protocol will continue to apply but the period of time the out of custody dockets and trials were suspended due to COVID-19 will be deducted from the timeline calculation.” “The PTCs may also entertain longer remands within the timelines in order to prevent unnecessary appearances in Court while COVID-19 restrictions are in place.”

Notice – Update to the Judges and Judicial Justice of the Peace Weekend Bail Courts (May 28, 2020) – “Further to the Court’s Notices of April 9, 2020 and May 6, 2020, the weekend Judge’s dockets will be discontinued and therefore no longer sitting effective June 6, 2020.”

For all court notices regarding disruptions caused by COVID-19 see here.


The Provincial Court has also posted a notice regarding Scheduling of Criminal Code Dispositions – “On June 1, 2020, the Provincial Court Disposition Coordinator will assume the scheduling of all Criminal Code dispositions in Winnipeg” “The process currently used to set dispositions with the disposition coordinators will apply to these disposition courts.”

To stay up to date on all Provincial Court notices and directions please see here.

Legislative Update

Second Session, Forty-Second Legislature

Private Bills

1st Reading

Bill 216: The Abortion Protest Buffer Zone Act – Prohibits certain activities within access zones for clinics and facilities that provide abortion services and for service providers. Also prohibits certain activities within 50 metres of school sites.

Bill 300: The Winnipeg Humane Society Foundation Incorporation Amendment Act – Makes changes to the composition of the board, adjustments to investments and minor amendments

Check here for the current status of bills.

New Provincial Court Notice – COVID-19 Suspension and Reopening of some Courts (May 15, 2020)

The Provincial Court of Manitoba has posted a new notice to the profession here which states that “the Provincial Court of Manitoba will reopen court proceedings on a staged and incremental basis beginning June 1, 2020”

There will still be limitations and restrictions in place, detailed in an attached notice with safety and cleaning procedures.

Out-of-custody matters will begin to be heard in the six major court centres, Brandon, Dauphin, Portage la Prairie, The Pas, Thompson and Winnipeg.

As of May 19, those dealing with Provincial Offences Act ticket offences may deal with guilty pleas with an explanation by teleconference.

Additionally, “The circuit courts which require the court party to fly into the community will not sit during June” and “All other circuit court locations throughout Manitoba are further suspended for the month of June.”

Finally, “Case management conferences will continue as scheduled and may be conducted by teleconference.”

For full details please the entire notice here, or visit the Manitoba Courts COVID-19 notices here