Blog Round-up – September and October 2024
A bi-monthly round-up of blog posts from the Manitoba legal community for the months of September and October 2024
Community Legal Education Association
Fillmore Riley
- Wrongful Resignation: Why it might cost you Oct 22
- Summary trials: In ‘summary,’ you best put your best foot forward Oct 18
- Register or renew your trademark before fees increase January 1, 2025 Oct 17
- Behind the corporate veil: Directors’ and Officers’ duties Oct 8
Matthew Gould Blog (Criminal Law)
- White-Collar Crimes: Unravelling The Complex World Of Corporate Legal Defence Oct 11
- The Power Of Negotiation: How Criminal Lawyers Secure Plea Bargains Sept 13
MLT Aikins
- What lawyers want your marketing team to know about AI Oct 23
- Recalling the necessity of imminent risk of real and substantial danger in pure economic loss claims Oct 21
- Alberta supervisor pleads guilty & ordered to pay fine for serious workplace injury Oct 21
- Screening of “frivolous” complaint deemed reasonable Oct 21
- Non-profit organizations: Navigating legal risks when using AI Oct 18
TDS law
- 2024 Notable Case Update: Manitoba Court of Appeal Clarifies the Test to Vacate Builders’ Liens Without Posting Security Oct 17
- Building Success: The Importance of Legal Review of CCDC Contracts Oct 15
- Supreme Court of Canada Says Crown Must Adjust Treaty Payments: Ontario (Attorney General) v. Restoule Oct 1
Looseleaf Updates – October
Conflicts of Interest – Eugene A.G. Cipparone and Ted Tjaden
Release #4 – September 2024
What’s New?
A fully revised and updated chapter 2 Analyzing Conflicts of Interest and updates to chapter 12 Judges.
Remedies in Tort – Lewis N. Klar et al.
Release #9 – September 2024
What’s New?
Updates to Chapter 1 (Abuse of Process), Chapter 5 (Deceit), Chapter 16 (Negligence (General)), Chapter 17 (Contributory Negligence), Chapter 18 (Professional Negligence), Chapter 21 (Occupiers’ Liability), Chapter 23 (Products Liability), Chapter 27 (Developing Torts), Chapter 29 (Liability), Chapter 30 (Damages) and Chapter 32 (Parties)
Executors and Trustees – Carmen S. Thériault
Release #8 – September 2024
What’s New?
Amendments and updates to the commentary in Chapter 2 (Assets); Chapter 4 (Expenses and Legal Costs); Chapter 5 (Bequests and Beneficiaries); Chapter 14 (Passing Accounts), and Chapter 17 (Dependents’ Relief Claims and Spousal Property on Death).
The Law of Bail in Canada – Hon. Gary T. Trotter
Release #8 – September 2024
What’s New?
Updates to Chapter 8 “Bail Reviews”. Appendix A “Criminal Code Provisions Relating to Bail”, Appendix B “Bail Act 1976 (U.K.)”, and Appendix C “Rules of Court Respecting Bail Pending Appeal”, have been updated to bring the provisions up to date.
Manitoba King’s Bench Rules Annotated – Jonathan M. Woolley (founding author: Karen Busby)
Release #8 – September 2024
What’s New?
Updated annotations, checklists, and legislation updates.
Judicial Review of Administrative Action in Canada – Donald J.M. Brown et al.
Release #3 – October 2024
What’s New?
Updates to the case law and commentary in the following chapters: 1 (Judicial Review Jurisdiction), 2 (The Application for Judicial Review), 3 (Discretionary Bars to Judicial Review), 4 (Parties to a Judicial Review Proceeding), 5 (Commencement of Judicial Review Proceedings), 6 (Interlocutory Proceedings, perfection and Orders), and 7 (The Duty of Fairness: Its Scope and Content).
The Regulation of Professions in Canada – James T. Casey
Release #8 – October 2024
What’s New?
Updates to the case law and commentary in Chapter 2 to 8.
Legislative Update – October 25, 2024
News
- Manitoba Government Introduces Legislation to Help Build New Housing Faster October 16, 2024 – The Manitoba government has introduced amendments to the Planning Act and the City of Winnipeg Charter Act that would change the appeals process for zoning changes by removing a requirement that made it difficult for municipalities to change local zoning bylaws and allowing faster new housing construction, Municipal and Northern Relations Minister Ian Bushie announced today.
The Legislative Assembly of Manitoba
First Session, Forty-Third Legislature
Government Bills
Introduced
- Bill 40 The City of Winnipeg Charter Amendment and Planning Amendment Act/Loi modifiant la Charte de la ville de Winnipeg et la Loi sur l’aménagement du territoire – The City of Winnipeg Charter and The Planning Act provide that the Municipal Board must hold a hearing on a proposed zoning by-law if a sufficient number of people object to the by-law.
- The City of Winnipeg Charter is amended to increase the sufficient number of objections from at least 25 to at least 300.
- The Planning Act is amended to increase the sufficient number of objections from at least 25 to at least
- 300, for a municipality or planning district with a population of at least 6,000; or
- the greater of 100 or 5% of the population, for a municipality or planning district with a population of fewer than 6,000.
- In addition, each Act currently provides that the Municipal Board must hold a hearing when objections to a zoning by-law affecting a particular parcel of land are received from at least 50% of the land owners within 100 metres from the parcel. The provisions are repealed.
In Committee
- Bill 7 The Public Sector Construction Projects (Tendering) Repeal Act/Loi abrogeant la Loi sur les projets de construction dans le secteur public (appels d’offres)
- Bill 9 The Employment Standards Code Amendment Act/Loi modifiant le Code des normes d’emploi
- Bill 16 The Regulatory Accountability Reporting Act and Amendments to the Statutes and Regulations Act/Loi sur la remise de rapports relativement à la responsabilisation en matière de réglementation et modification de la Loi sur les textes législatifs et réglementaires
- Bill 21 The Public Schools Amendment Act/Loi modifiant la Loi sur les écoles publiques
2nd Reading
- Bill 37 The Budget Implementation and Tax Statutes Amendment Act, 2024/Loi d’exécution du budget de 2024 et modifiant diverses dispositions législatives en matière de fiscalité
- Bill 38 An Act Respecting Child and Family Services (Indigenous Jurisdiction and Other Amendments)/Loi concernant les services à l’enfant et à la famille (champ de compétence autochtone et autres modifications)
- Bill 39 The Long-Bladed Weapon Control Act/Loi sur la réglementation des armes à lame longue
Private Bills
Introduced
- Bill 210 The Homeowner Protection from Unsolicited Purchase Offers Act/Loi sur la protection des propriétaires contre les offres d’achat non sollicitées – A homeowner who does not want to receive any more unsolicited purchase offers may give written notice to the person who made the offer requesting that they stop making offers. It is an offence to make any further purchase offers to the homeowner after the notice has been provided.
- If a homeowner who is not represented by a realtor is willing to sell their home to a person who made an unsolicited purchase offer, the person who made the offer must give the homeowner a disclosure statement. The disclosure statement provides information to a homeowner about how to determine the value of their home and their rights under the Act.
- A homeowner who is willing to sell their home to a person who made an unsolicited purchase offer must be represented by a realtor in the sale. The purchaser must reimburse the homeowner for the fees of their realtor.
- The homeowner may cancel the sale of their home within 30 days after the agreement of purchase and sale is executed. Any sale to a person who made an unsolicited purchase offer is not enforceable if the homeowner did not receive the required disclosure statement or if the homeowner was not represented by a realtor or was not reimbursed for the fees of their realtor.
2nd Reading
In Committee
For the status of all current bills click here.
Regulations
Number | Title | Registered | Published |
---|---|---|---|
105/2024 | Regulation to amend the Apprenticeship and Certification — General Regulation, amendment | 17 October 2024 | 18 October 2024 |
106/2024 | Prescription Drugs Payment of Benefits Regulation, amendment | 18 October 2024 | 21 October 2024 |
107/2024 | Commercial Vehicle Trip Inspection Regulation, amendment | 18 October 2024 | 21 October 2024 |
108/2024 | Vehicle Equipment, Safety and Inspection Regulation, amendment | 18 October 2024 | 21 October 2024 |