Amendments to the Law Fees and Probate Charge Regulation (322/87 R) have updated the filing fees for documents in the Court of Queen’s Bench Family Division.
Effective immediately, a Notice of Opposition to Variation has a filing fee of $35.00.
The amended regulation also clarifies the fee for filing a Request for Triage Conference as $35.00.
On August 19, 2020, health orders were issued which rated the Prairie Mountain Health Region a Code Orange – or a restricted designation which indicates community transmission of COVID19 is occurring. Given this, the Manitoba Courts are issuing this Notice, now requiring all persons who enter any court facility where a Code Orange is in place to wear a mask. This currently includes only the Prairie Mountain Health Region. Masks may be non-medical masks and will be available as required at all affected court facilities as of Monday August 31, 2020.
If you practice impaired driving law, you may want to review this decision from Saskatchewan Provincial Court on the constitutional validity of mandatory roadside breath tests as implemented by Bill C-46.
In R. v. Morrison, 2020 SKPC 28, M.M. Baniak, J. delivers a discerning judgment on a variety of issues: notice for delay, a voir dire re Charter challenges blended into the trial itself, analysis of s. 320.27(2) of the Criminal Code including a discussion of Parliament’s legislative intent by analysing the words of the preamble to Bill C-46, and a discussion of the judicial meaning of “immediately”.
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[172] Obviously, s. 320.27(2) also has a deleterious effect. Every person in a free and democratic society should, to the greatest extent possible, be free from a warrantless search or seizure especially when no grounds or reasonable suspicion exist. This becomes even more concerning when that search or seizure incriminates the person.
[173] However, the new provision, even though it eliminates the reasonable suspicion requirement, is grounded to an extent on the premise that it is a supplemental investigative tool that is not determinative of a person’s guilt and is subject to judicial review. The search is restricted to provision of breath samples. It does not extend to a person’s belongings or his living space.
Even if it’s not applicable in Manitoba, I think it’s a good example of all the elements that can be considered in a decision.
The latest edition of Estates Trusts & Pensions Journal has arrived and is now available for loan.
The current issue, Volume 39 Number 4, August 2020 includes:
FROM THE LAW REPORTS
It has been Over 150 Years Since the First Partnership Act was Enacted. Do We Understand Yet The Nature of a Partnership Interest? The High Court of Australia Weighs in on the debate, by Joel Nitikman.
“Not a Case about a Mere Referral”: Reflections on Salomon v. Matte-Thompson, by Lauren Flam
Another Cautionary Tale for Executors: Case Comment on Muth Estate, by Rhonda M. Johnson
Equality, Equity, and Exclusion: The Effect of the Jackson Estate Decision on Common Law Partners, by Richard Niedermayer and Madeleine Coats
ARTICLES
Digital Assets, Cryptocurrencies and Estate Planning, byAaron Grinhaus, Amanda Rosenstock and Raluca Soica
Who Gets What, and When?, by Ari Kaplan
Section 58 – The “Curative” Provision of the Wills, Estates and Succession Act, by Scott Boucher
If you would like a copy of any of these articles, please email library@lawsociety.mb.ca and we would be happy to provide a pdf version (subject to copyright regulations).
Masters’ Court – Notice COVID-19 Procedural Update (August 14, 2020) This notice modifies the May 11th notice with the resumption of Maintenance Enforcement dockets. Debtors scheduled to appear on or after September 8, 2020 are required to attend court in person, or their legal counsel.
Safety procedures are detailed attached to this notice.
Provincial Court of Manitoba: Access to Winnipeg Remand Centre
Access to Winnipeg Remand Centre (August 18, 2020) With ongoing difficulties counsel has accessing their clients, the WRC is again permitting counsel to attend in person as of Wednesday August 19, 2020.
Counsel can still contact their clients by telephone and LVI. Additional directions and safety procedures are detailed in the notice.
For all notices and directions related to Covid-19, click here.
These titles have been newly added to our online collection on DesLibris, which is available behind the Member’s Portal:
Information and Privacy Law in Canada by Barbara von Tigerstrom ” Information and Privacy Law in Canada explores how we can access information held by public bodies, what governments and other organizations can do with information about us, and how we can use the courts or other mechanisms to hold others accountable when they violate our privacy or misuse our personal information. It examines privacy as a multi-faceted concept that includes control over information about ourselves, but also protection of our identities, our personal space, and even our bodies from unwanted scrutiny and interference.”
Mergers, Acquisitions and Other Changes of Corporate Control –3rd ed. by Christopher C. Nicholls “This book offers a succinct and insightful discussion of the principal laws governing mergers and acquisitions transactions conducted in Canada. It draws on a collection of loosely related legal principles and rules in corporate law and securities law, as well as a handful of other areas relevant to Canadian business acquisitions. This third edition discusses the implications of a host of recent legal and regulatory developments since the publication of the second edition, including, in particular, the groundbreaking changes introduced by National Instrument 62-104 in 2016.”
The Canadian Investor : Challenge and Change in Canadian Capital Markets by Anita Indira Anand “The Canadian Investor is one of the clearest and most informative accounts of Canada’s financial system and the issues it has been facing since the 2008 financial market crash. This insightful book examines all aspects of the many different institutions, programs, actors, and laws that affect investors’ rights. A detailed and accessible analysis of the Canadian landscape that explores securities commissions and other regulatory institutions through a contemporary lens, The Canadian Investor is currently unique in Canada.”
Criminal Procedure — 4th ed. by Steve Coughlan “This book sets out and examines the law governing criminal procedure in Canada. It explains the body of rules and principles that govern the investigation, prosecution, and adjudication of any offence enacted by Parliament for which an accused person would have a criminal record if found guilty by a court exercising jurisdiction under the Criminal Code. This fourth edition updates the law in all areas of criminal procedure. Most notably, it incorporates significant discussion of Bill C-75, which has made changes to a great many areas of the Criminal Code. In addition, it includes discussion of significant new Supreme Court of Canada cases.”
Anatomy of an Election : Canada’s Federal General Election of 2019 Through the Lens of Political Law by Gregory Tardi “Anatomy of an Election takes a comprehensive and interdisciplinary look at Canada’s 2019 federal election as an example of a democratic election. This book is unique in its explanation of elections and electioneering. It sets the scene by enumerating the foundational elements of Canada’s electoral system, focusing on the constitutional principles, the legislation, and the major court judgments. It then traces the flow of political legal events since 2015 that have led to the forty-third general election. Most importantly, this text provides a day-by-day diary that records the most important political and legal events throughout the campaign.”
Find these books and many more on DesLibris. If you require assistance please contact us at library@lawsociety.mb.ca or check out our Legal Ease guide on DesLibris here.
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