We have three new texts added to the library’s collection on several topics including hard to find information on misrepresentation, updated administrative law, and drafting trusts with new and updated precedents. Check out more detailed summaries of them here.
“The law of misrepresentation is fairly complex – though it does not fall squarely within contract law, it can have a considerable effect on a contract, in some instances making it voidable. This voidability, leading to relief through rescission, is both a cause of action and a defence. The book also examines when a misrepresentation leads to tort damages for deceit and negligent misrepresentation in contracts contexts. It details the parties involved in misrepresentations, both in terms of makers and of recipients of such statements – that is, representors and representees.”
“Drafting Trusts and Will Trusts in Canada, 5th Edition examines both the general and the technical issues that can arise in this area of the law, and deftly combines advice on the substantive law with useful drafting direction. The commentary covers the full range of practical concerns that underpin trust drafting, and highlights the possible problems practitioners may encounter, from coast to coast. In addition, the volume contains a comprehensive collection of skillfully crafted precedents that will be invaluable to lawyers and will help them avoid potentially costly mistakes.”
“Since the second edition of this book was published in 2008, administrative law in Canada has evolved considerably, due in part to a number of recent Supreme Court of Canada decisions. This third edition of Canadian Administrative Law provides an updated look at this important area of law, taking the new case law into account while still providing readers with a comprehensive guide to the subject. In particular, this volume offers an explanation of: the theoretical foundations of judicial review and how they are supported by the constitution; the powers of administrative decision-makers; why and under what circumstances decision-makers determine both constitutional and jurisdictional issues; the standard of review; fairness; bias; and procedural issues.”
Further to the Notice of June 23, 2021, the courts have confirmed that they are able to return to the communities as outlined. Virtual hearings will be held for many of the communities, with proposed dates for physical hearings given as well. See the full notice for a complete list of dates and statuses.
HeinOnline has a large collection with multiple ways of searching so it can sometimes be difficult to know if your search is getting the results you are looking for. This tip explains how users can search the actual catalog records for a thorough result. Searching the catalog is a little different that doing a broad search as it uses the Machine Readable Coding used to identify each item.
Check the tip to see simple one-box search methods, or dive deeper into advanced searches. You can even take a look at the Catalog Subjects tool to browse through subject headings.
CanLII is another resource with a large database. Typing in a simple keyword or phrase can bring up thousands of results. One method to narrow that down is to use filters. This tip gives a great overview of how to limit results for cases, legislation, and commentary by using filters like jurisdiction, dates, and subjects.
Still can’t find what you are looking for? Email us at library@lawsociety.mb.ca and we can help you with using these resources or track down what you’re looking for.
When should you consider reviewing decisions from foreign jurisdictions when conducting legal research? Does it depend on the issue – is it so localized that only Manitoba decisions will be persuasive? Or is it national in scope, so looking at other Canadian jurisdictions is helpful? Or, do you need to go even further, to international common law jurisdictions?
The authors of A Global Community of Courts? Modelling the Use of Persuasive Authority as a Complex Network examined the contents of the vLex database (available to you behind the Members Portal) “to quantify the flow of jurisprudence across the countries in our corpus and to explore the factors that may influence a judge’s selection of foreign jurisprudence.”
If judges are looking at it, shouldn’t you? Our subscription to vLex includes Canadian, U.S. and U.K. decisions. If you need help using it, review our guide or view the introductory webinar available after signing in to the members portal.
There is a growing discussion in the legal literature of an emerging global community of courts composed of a network of increasing judicial dialogue across national borders. We investigate the use of foreign persuasive authority in common law countries by analyzing the network of citations to case law in a corpus of over 1.5 million judgments given by the senior courts of twenty-six common law countries.
Court records or docket information aren’t always the easiest things to find. When you do find them it can be another step trying to access them. Then it gets even harder when you are dealing with other provinces and jurisdictions.
Luckily there is a great resource from the University of Windsor Paul Martin Law Library to help navigate court systems Canada wide. Click below to take a look.
The table has information from all provinces and territories, as well as the Supreme court and Federal Courts. Here, you can find information like decisions, dockets, registries, policies, and fees.
This helpful table was put together by Sarah Richmond and with help from CALL/ACBD members across Canada.
The Manitoba Law Library would like to acknowledge with gratitude that we are situated on Treaty One Territory, the traditional lands of the Anishinaabe, Cree and Dakota peoples, and the homeland of the Métis Nation.
Printing and Photocopying
If you need to use the library’s printing and photocopying services you will need to create an account. See us at the front desk for assistance.
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