New KB Notice – Electronic Filing

January 24, 2023 – Notice – Electronic Filing

Effective immediately and until further notice, electronic filing (e-filing) for Receiver/Manager applications, applications filed under the Companies’ Creditors Arrangement Act (CCAA), and plans of arrangement under The Corporations Act is not available due to technical difficulties. Documents must be submitted in hard copy format with the Court of King’s Bench Registry.

A subsequent notice will be issued advising when e-filing may resume.

All King’s Bench Notices and Practice Directions and available on the Manitoba Courts Website.

New Journals update

The latest edition of Estates Trusts & Pensions Journal, Volume 42 Number 1,
has arrived and is now available for loan.

This month’s Articles

From the Law Reports

  • “Valuing Corporate-Owned Life Insurance For Estate Administration Tax Purposes” Barry S. Corbin
  • “Important Considerations on the Disinheritance of Children” Elisa Rabello and Broynn Rosser
  • “Case Comment – Pirani v. Pirani, the appeal decision” Roger Lee

Articles

  • “Rescission in Tax Law: Where are We Now?” Catherine Brown
  • “Conflicts When Acting for a Trustee and a Beneficiary” C.D. Freedman
  • “Recent Developments in Quebec on the Law Applicable to Will of Succession Substitutes” Jeffrey Talpis
  • “Protecting Beneficiaries From Protectors: How We Might Expect the Judiciary to Provide a Check on Donees with Powerful Powers” Baruch Wise

We can also email pdf copies of the latest articles for Law Society Members. For a copy of these or other legal journal articles email us at library@lawsociety.mb.ca.

Banking and Finance Law Review

  • “Allocating Liabilities in Open Banking in Canada” 39 B.F.L.R. 33 Scott Farrell
  • “Introduction to the Fourth Annual Special Issue on Fintech” 39 B.F.L.R. 1 Virginia Torrie, Ryan Clements, Aurelio Gurrea-Martínez
  • “FinTech and the Four Horsemen of the Apocalypse: Building Financial Ecosystems for Resilience, Innovation and Sustainable Development” 39 B.F.L.R. 5 Douglas W. Arner, Ross P. Buckley, Dirk A. Zetzsche
  • “Using Distributed Ledger Technologies to Disintermediate International Bond Markets: The Good, the Bad and the Ugly” 39 B.F.L.R. 61 Catarina Saramago
  • “How to Find Stolen Cryptocurrency: Litigation Tools Used by Insolvency Professionals in Dooga” 39 B.F.L.R. 135 Tamie Dolny, Simon Dugas
  • “The Merits of Token Capital Raises” 39 B.F.L.R. 125 Duncan Pardoe
  • “Fintech: Financial Inclusion or Exclusion?” 39 B.F.L.R. 93 Yoke Wang Tok, Dyna Heng
    • Book reviews
  • “Fintech Regulation in China: Principles, Policies and Practices, Robin Hui Huang (Cambridge: Cambridge University Press, 2021) 298pp. CA$ 39.95” 39 B.F.L.R. 149 Casey Watters
  • “Cryptocurrencies and Cryptoassets: Regulatory and Legal Issues, Andrew Haynes and Peter Yeoh (Informa Law from Routledge, 2020) 277 pp. US$35.20 (Paperback)/US$148.00 (Hardback)” 39 B.F.L.R. 153 Carol GoforthCryptocurrencies in Public and Private Law, Edited by David Fox and Sarah Green (Oxford University Press, 2019) 368pp. US$155.00 39 B.F.L.R. 145 Andrew Haynes

Free Webinars on Mental Health Law

This month LexisNexis is hosting two free webinars on mental health and law. Check the descriptions below for more information and registration.

Each Webinar Includes:

  • CPD Credits: 1 hour (Substantive)
    • For Ontario, 1 hour can be applied towards the 9 Substantive Hours of Continuing Professional Development as required by the Law Society of Ontario
    • For other provinces, consider including this 1 hour course as a CPD learning activity in your mandatory annual Continuing Professional Development Plan as required by the Law Society
  • A chance to interact through online question and answer periods
  • A recording of the live event

Mental Health and the Crossroads of Indigenous Persons, Bail & Sentencing January 17, 2023 12:00 PM

Contributing authors of “Law and Mental Health in Canada: Cases and Materials” discuss the intersection of mental health and Indigenous persons who become charged with a criminal charge or come before the Consent and Capacity Board. They also explore the ways mental health can impact decisions at the bail and sentencing stages in criminal proceedings.

Key Learning Objectives
• To identify and address issues specific to Indigenous persons living with mental health disorders in both the criminal and civil mental health fields.
• To identify and address issues specific to bail and sentencing for accused persons presenting with mental health disorders.
• To participate in a Question & Answer period with the opportunity to ask live questions.


Administrative Tribunal Litigation and Mental Health January 25, 2023 12:00 PM

The co-authors and General Editors of “Law and Mental Health in Canada: Cases and Materials” discuss the pros and cons of mental health law litigation before civil mental health review panels and Criminal Code Review Boards across Canada, including particular challenges for both litigants and tribunals during the COVID-19 pandemic. Topics covered include the nature of these hearings, the expertise of panels, rules of evidence and the tribunals, best practices in appearing as counsel for parties in such proceedings, cultural competency and tips for avoiding the appearance of institutional bias and providing full and fair hearings.

Key Learning Objectives
• To identify and address issues specific to administrative law litigation where mental health is an issue as distinct from traditionally adversarial trial proceedings in Court and how to ensure full and fair, bias-free hearings both from the perspective of litigants and the tribunal.
• To participate in a Question & Answer period with the opportunity to ask live questions

Blog Round-Up November/December 2022

Collected blog posts from the Manitoba legal community for the months of November and December of 2022

Brodsky Amy & Gould

Clarke Immigration Law

Fillmore Riley

Matthew Gould Blog (Criminal Law)

MLT Aikins

Robson Crim Legal Blog

Taylor McCaffrey

TDS law

Together a collaborative family law blog

Family Lawyer Winnipeg