Here’s the Weekly Case Law Update for February 11, 2019.
Decisions covering the following topics:
If you are a member of the Law Society of Manitoba, and would like a copy of any of the decisions from the digest please contact the library and we will be happy to provide those for you.
This week’s decision concerns an application for an oppression remedy: Caughlin v. Canadian Payroll Systems Inc., 2019 MBQB 6.
Caughlin … alleges that the conduct of Lyle and CPS has been oppressive and unfairly prejudicial and that there has been an unfair disregard for his interests. Caughlin seeks a remedy to address the inequitable conduct and activities of Lyle and CPS.
Para. 3
As noted by Harris, J., s. 234(2) of The Corporations Act, C.C.S.M. c. C225 explains the grounds for seeking an oppression remedy, and the leading case is BCE Inc. v. 1976 Debentureholders, 2008 SCC 69.
| The Law Society of Manitoba Professional Education and Competence |
Looking to get your EPPM hours?
Two February Programs – eligible for up to 5 Hours
Cultural Diversity & Practising Law
February 12, 2019 | 12:00 pm to 4:00 pm
Available in-person only
Following rave reviews from the Western Bar and the Law Society’s own volunteer training sessions, we are delighted to extend this unique learning opportunity to you.
Dr. Rehman Abdulrehman’s expertise, life experience, and practical engaging style provides a powerful exercise in self-analysis and thought providing discussion.
Includes 4 hours of CPD activity, of which 4 hours are EPPM
Procrastination and Professional Liability Insurance Claims:
Causes and Consequences of Procrastination in Legal Practice
February 13, 2019 | 12:00 pm to 1:00 pm
Webinar Only
Procrastination. While we often think of it in relation to our personal goals (remember that shelving project in the garage that keeps getting put off?), the pitfalls of procrastination have an impact in our professional lives as well.
In this one-hour webinar, the Law Society of Manitoba’s Director of Insurance, Tana Christianson, and Professional Liability Insurance Fund Counsel, James Cox, will review why lawyers procrastinate, real life claims caused by procrastination, and the ethical and practical reasons lawyers should not procrastinate when they become aware of circumstances that may give rise to a claim.
Includes 1 hour of CPD activity, including 1 hour of EPPM.
Early Bird Deadline Approaching
2019 Annual Joint Family Law Program – The Times They are a Changin’
March 15, 2019 | 9:00 pm to 4:30 pm
Early Bird Deadline – February 15, 2019
The landscape of Family Law Practice is quickly shifting and yet the old challenges faced by Family Law Lawyers haven’t gone away.
The Times They Are a Changin’, is designed to give you practical answers to common challenges including issues related to client and practice management, updates on new screening tools for domestic violence, changes in the legislation and the new administrative model of family law promised by the Manitoba government in the Throne Speech.
Take away some practical tips, new knowledge about the law and confidence about decisions to be made when dealing with all the change around you. Join us in the eye of the storm – where you will find a place to think, learn, ask questions and get answers.
Includes 6.5 hours of eligible CPD activity, including 2 hours of EPPM.
The Government of Manitoba has proclaimed the following Acts:
Costs awarded personally against counsel are a rare occasion. At 41 pages, R. v. Gowenlock, 2019 MBCA 5 is a detailed analysis of when it is appropriate to do so, and the amount that should be awarded. This was a decision of first impression and had the benefit of two intervenors, the Attorney General for Manitoba and the Criminal Defence Lawyers Association of Manitoba, as well as amicus curiae.
This appeal offers this Court the opportunity to provide certainty, clarity and guidance for the development and application of principles and procedures in regard to the costs-awarding rules. It is worth re-emphasising that the discretion to exercise the power to award costs against counsel personally must be exercised with restraint and that this is especially so in the criminal context. Courts must ensure that any costs award against defence counsel does not in any way affect the accused’s right to make full answer and defence. Courts must also be aware that unjustified non-compliance with valid court-ordered timelines causes delays and that these delays prejudice the accused and undermine public confidence in the criminal justice system.
Para. 88
Great LEXpectations RSS Feed