CPD Summer Replays

by | Jul 24, 2019 | Continuing Professional Development, Law Society of Manitoba

Have you ever attended a CPD Summer Replay? Why not take the opportunity to slow down and catch up on your CPD hours during the quieter summer months. 

Register today for one of these low-cost, in-person presentations.

Walk-Ins welcome!

These programs are replays of previously recorded live presentations offered in-person only in the Law Society Classroom. Lunch and refreshments are not included. Feel free to bring your own refreshments.

Programs include:

Avoiding Cyber Dangers

Procrastination and Professional Liability Insurance Claims

2018 Hot Topics in Real Estate

Renouncing U.S. Citizenship – Why, How and What are the Consequences?

And Much More

Decision of the Week: Hyczkewycz v Hupe

by | Jul 18, 2019 | Decision of the Week, Property Law

This decision deserves decision of the week status for its lengthy and exhaustive analysis of the Torrens system. Beard, J.A.’s analysis included resulting trusts and indefeasibility of title, the origins and goals of the Torrens system, both here and in Australasia where it originated, and the interplay between indefeasibility and trusts. The decision also cites a lengthy bibliiography of articles and texts that were consulted, written between 1859 and 2016.

[33]                     While there are decisions on the interpretation of indefeasibility legislation and its effect on the enforcement of unregistered claims, including resulting trust claims, against real property from the appellate courts in the other western provinces, those decisions have, in some instances, come to different conclusions.  There is, to my knowledge, no decision on point from this Court.  Given that there are some differences between the language used in the real property title registry legislation in the various jurisdictions, it is necessary to undertake a review of the origins and goals of the registry systems to determine the correct interpretation of the current legislation in Manitoba.  As all of the western jurisdictions have land registry systems based on the Torrens system of land titles (the Torrens system), this analysis requires a review of the following:  (a) the origins and goals of the Torrens system; (b) the interplay between the Torrens indefeasibility principle and trusts; and (c) Manitoba’s RPA, the effect of the indefeasibility provision and whether trusts can co-exist with indefeasibility.

2019 MBCA 74

Gladue Reports Database Update

by | Jul 12, 2019 | Access to Justice, Criminal Law, Legal Research, Sentencing

Way back in May 2018, I wrote about a project out of Saskatchewan to create a database for researching Gladue principles. This resource was going to operate under a subscription model, but has just received funding to make it open access. Content is from Saskatchewan, however, researchers in other jurisdictions will likely find it a useful starting point. It would be even better if other jurisdictions found a way to add on to it.

For now, congratulations to the Law Society of Saskatchewan, Legal Aid Saskatchewan and the Ministry of Corrections and Policing for having the foresight to develop and fund this resource.

H/t to The Lawyers’ Daily: Creators of novel Gladue database hope it becomes widely used after free access

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