The following looseleaf texts have been updated:
REMEDIES IN TORT
Release No. 1, February 2026
What’s New in this Update
This release features updates to the case law and commentary in Chapter 21. Occupiers’ Liability.
Highlights
CHAPTER 21. OCCUPIERS’ LIABILITY-INVITEE
An invitee is a person who comes on the occupier’s premises at the invitation of the occupier on a matter of common interest. The invitation may be express or implied. In the absence of an express invitation, however, the courts are reluctant to extend the doctrine of implied invitation. An implied invitation is not shown by mere tolerance of a trespass or passive acquiescence in permitting a person upon the premises or by use without the owner’s knowledge. However, where the use has continued for so long as to lead the public to think that the owner invited such use, liability has been held to arise.
CHAPTER 21. OCCUPIERS’ LIABILITY-LICENSEES
A licensee is a person who enters on premises with the permission of the occupier on a matter concerning the licensee and in which the occupier has no interest. Although the occupier has not invited the licensee onto the premises and has no interest in them being there, the occupier has expressly permitted the licensee to use the premises or knows about their presence on the premises. Furthermore, the occupier has either given permission to remain on the premises or has done nothing to stop their further presence there. Thus, the main distinction between an invitee and a licensee is that an invitor and invitee have a common interest, but the licensor and licensee do not.
CHAPTER 21. OCCUPIERS’ LIABILITY-ELEMENTS OF CAUSE OF ACTION
For the plaintiff to succeed in an action based on occupiers’ liability, the following four elements must be established – that the defendant was an occupier of the premises on which the accident occurred; that the defendant breached a duty of care owed to the plaintiff; that the defendant’s breach caused the plaintiff’s injury; and that the plaintiff suffered damage. This applies whether the action is brought in New Brunswick, Newfoundland and Labrador, Saskatchewan, and The Territories (Yukon, Northwest Territories, and Nunavut) within a common law approach to occupiers’ liability or in Alberta, British Columbia, Manitoba, Nova Scotia, Ontario, and Prince Edward Island under a statutory framework.
THE REGULATION OF PROFESSIONS IN CANADA
Release No. 1, February 2026
What’s New in this Update
This release features updates to Appendix IF – Issues in Focus, Appendix SLL – Selected Legal Literature and Appendix WP – Words and Phrases.
Highlights
Appendix WP. Words and Phrases–Procedural Fairness
Procedural fairness comprises the right to be heard and the right to an impartial hearing: Sull v. Trevitt (2025) CarswellBC 2114, 2025 BCSC 1366 (B.C. S.C.) at para. 22 Chan J.
Circumstantial Evidence
Circumstantial evidence tends to establish those facts which are at issue at trial, but it does so indirectly (…). It concerns the proof of facts from which inferences can be drawn about the facts relevant to the legal issue under consideration (…). Each piece of evidence need not alone lead to the conclusion sought to be proved, and pieces of circumstantial evidence can be combined to justify the inference that a certain fact or state of mind exists (…): R. v. Rioux (2025), 2025 CSC 34, 2025 SCC 34, 2025 CarswellQue 11393 (S.C.C.) at para 58 Per Martin J. (Karakatsanis, Kasirer, Jamal, O’Bonsawin JJ. concurring).
TAXATION AND ESTATE PLANNING
Release No. 1, December 2025
Highlights
Chapter 4 — Will Planning
The entire chapter has been reviewed and refreshed. Commentary has been significantly updated under the headings for the Terminal Year regarding Compliance with Statutory Conditions, Shares of a Private Corporation, and Charitable Donations. Also, under the main heading for The Estate, The Testamentary Trust and the Beneficiaries for subheadings Facilitating Post Mortem Planning regarding Separate Testamentary Trusts, and Post-Mortem Contributions.
Chapter 6 — Gifts and Trusts Inter Vivos
The entire chapter has been reviewed and refreshed. Commentary has been significantly updated under the headings of Income Taxation Affecting Gifts and Transfers to and From Personal Trusts Inter Vivos General comments, and Gifts of Farm or Fishing Property. A new section, Loss Restriction Events, has been added to the end of the chapter.
O’BRIEN’S ENCYCLOPEDIA OF FORMS: DIVISION IV (LEASES)
Release No. 1, August 2025
What’s New in this Update
This release features updates to Chapter 4 (Office Leases) and Chapter 8 (Residential Leases).
Updates
Chapter 4 (Office Leases)
4:2 Single-Tenant Office Lease
4:3 Multi-Tenant Office Lease (Short Form)
4:4 Multi-Tenant Office Lease (Long Form)
Chapter 8 (Residential Leases)
8:3 Residential Concordance
8:14 House Lease
8:81 Ontario Residential Tenancy Agreement (Standard form of Lease) – Additional Terms
MANITOBA KING’S BENCH RULES ANNOTATED
Release No. 1, March 2026
What’s New in this Update
In this release, the author has prepared a new Year in Review, updated practice directions, legislation, and the prejudgment and post judgment interest rates.
Highlights
Chapter 5 – Forms
The forms have been relaunched in this release to enable linking to the fillable forms in the electronic versions of this publication.
Chapter 7 – Miscellaneous – Court of King’s Bench and Court of Appeal Notices and Practice Directions
The following Practice Directions have been added:
- Re: Length and Formatting of Application and Motion Briefs (October 2, 2025)
- Re: Change to Teleconference Numbers for Associate Judges Uncontested List (October 28, 2025)
- Re: Anonymizing Pleadings and the Contents of Publicly Available Court Records (December 10, 2025)
- Re: Self-Representing Litigants on Civil Applications and Motions (December 10, 2025)
The following Court of Appeal Notices have also been included:
- Re: Hours of Registry Counter Services (October 1, 2025)
- Re: Judges’ Books of Authorities (October 24, 2025)
- Re: Security for Costs Required in Motions Requesting a Rehearing (December 4, 2025)
Appendix D – Recent Developments in Civil Litigation Year in Review–2025
The 2025 Year in Review lists some of the notable trends and developments in civil litigation in Manitoba from January 1 to December 31, 2025. The topics covered include – a review of practice directions issued by the Court of Appeal and the Court of King’s Bench in 2025; commentary on Notable decisions of the Manitoba Courts dealing with issues of civil procedure; and a comment on the report of the Civil Rules Working Group in Ontario.
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