Due to decreased demand for 2pm trials and preliminary inquires, they will no longer be posted online. Trials can still be scheduled by contacting the Early Disposition Coordinator. See the full notice for more information and contacts.
Due to the evolution of video appearances for court matters, the previous directive requiring in person appearance by those potentially facing a penitentiary sentence has been modified to allow for video appearance if judicial permission is sought three days in advance.
The library’s collection continues to be updated and expanded with new editions and titles, with the latest update to Widdifield on Executors and Trustees. Read below for a summary of this authoritative title and then keep scrolling to see what over resources we have in the area of Wills and Estate Law.
“This seminal classic of Canadian legal literature has been completely revised and updated by an author team drawn from the front ranks of the profession nation-wide.
“Widdifield on Executors and Trustees offers a comprehensive exposition of the law relating to the exercise of the duties and prerogatives of the executor or trustee in Canadian law.
“Each of the 17 original chapters has been brought up-to-date with case law and legislation from all jurisdictions to provide a national perspective. To reflect the development of the law in this area since the previous edition, a new chapter focusing on the impact of family law upon the administration of estates has been added.”
The library has several other recent texts to help solve your Will and Trusts questions.
Lewin on Trusts — 20th ed. KF 730 .L4 2020 Lewin on Trusts gives an in-depth analysis of both general principles and practical considerations, covering all aspects of trusts law, including creation of trusts, jurisdiction and choice of law, the role and duties, indemnity and remuneration of trustees, the rights of beneficiaries, dispositive and administrative powers concerning trusts, trust proceedings and remedies, and regulation of trusts and trustees.
“…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..”
“…a comprehensive and practical resource designed to assist the executor, administrator or liquidator with this undertaking, and provides the information and direction required to administer an estate in Canada, from start to finish.”
Newsletters and Current Awareness
For the most current information be sure to watch our blog for regular updates to our newsletters.
Estates trusts and Pensions journal – “covers new trends in estates and trusts with special coverage of pensions issues. Informative articles, insightful comments on important cases and new legislation, along with a discussion of useful texts in the area, make this a critical tool for anyone involved in the estates, trusts and pensions areas, such as lawyers, trustees, actuaries, custodians, and accountants. Published four times a year, each edition is packed with vital information, saving you time, while ensuring you stay current on the latest issues.”
WeirFoulds Estates & Trusts Newsletter – Reports and comments on recent court decisions and other developments in Canadian estates and trusts law. This newsletter is part of our Current Awareness journals that are available for Law Society Members. If you are interested in receiving regular emails of any of these newsletters email us at firstname.lastname@example.org
This helpful resources is available in the library on our workstations. It includes primary sources, commentary, precedents, and finding tools for planners, administrators and litigators.
“On June 1, 2022, the Statutory Rules Committee of the Court of Queen’s Bench approved changes to:
Queen’s Bench Rules 74 and 75 (along with new forms) that deal with probate practice and contested estates;
The Court of Queen’s Bench Tariff;
Queen’s Bench Rule 4.10(1) dealing with access to family proceeding files”
Probate Rules 74 and 75 will have modernized language and terminology. The new rules and forms are gender neutral and were drafted with a view to making them understandable to self-represented parties who are increasingly filing probate and administration applications. The new probate rules and forms come into force on October 1, 2022
The amendments to the Court of Queen’s Bench Tariff include:
An across the board tariff increase of approximately 25%;
The amount for preparation for trial is increased to the same amount as the lawyer’s fee at the trial of an action (item (r));
A compensable tariff item is added for written argument following trial when such written argument is directed by the judge, in an amount equal to 33% of the amount allowed per half day of trial;
The addition of new tariff items for triage conferences, prioritized hearings and contested emergent motions and motions before the Master to compel a party to complete pre-requisites.
The amendments come into force on July 1, 2022 and applies to any step in a proceeding that takes place on or after July 1, 2022.
A minor change to Queen’s Bench Rule 4.10(1)(f) adds the lawyers and staff with the Manitoba Prosecution Service and the Public Guardian and Trustee to the list of parties that are entitled to access family proceeding files.
For more information see the full notice above. The full regulations are listed below.
by Eric V. Gottardi, Jennifer A. MacLellan, Michael Lacy, Robin Flumerfelt
Qualifying and Challenging Expert Evidence is an essential guide for legal practitioners and expert witnesses participating in a criminal trial. Applicable to Crown, defence counsel, and the judiciary, this handbook uses clear and concise language to address all aspects of expert witness testimony from start to finish.
Authored by a respected team of cross-national legal experts, Qualifying and Challenging Expert Evidence integrates varied perspectives to achieve a balanced, engaging, and comprehensive approach unmatched by any other resource. It maintains a practical focus while weaving strategic guidance with an analysis of case law and the relevant provisions of the Criminal Code and the Canada Evidence Act.
Ranging from psychiatry to forensics and from pathology to technology, this resource will prepare legal practitioners for the procedural, tactical, and strategic elements of qualifying and challenging expert witnesses in criminal cases.
“…Maureen McTeer explores key medical, research, and legal developments in assisted human reproduction since the birth of the first IVF baby in 1978. With keen insight, she analyses how Canada has responded to the many legal and societal opportunities this foundational reproductive technology has created…”
“Christopher Waters, a law professor and cycling advocate, provides a comprehensive overview of the Canadian law on bicycles. The book covers rules of the road, purchasing and using bikes, what to do in the case of a crash or a stolen bike, starting up your own cycling club, racing your bike, and much more.”
“a comprehensive and critical examination of Canadian policing from its colonial origins to its response to the February 2022 blockades and occupations. …offers concrete proposals for reforms to the RCMP, use of force policies, better community safety plans, and more democratic policing.”
Politicians at the Manitoba Legislature were preparing to pass more than 20 bills into law Wednesday night, including one to increase the minimum wage, before breaking for the summer.
Some bills were not expected to go to a final vote until the legislature resumes in the fall…The Opposition New Democrats used procedural rules to make sure the pesticide, electricity and other bills were not passed before the summer break.
May 24, 2022 Manitoba Government Introduces Bill To Modernize Liquor Service Licensing “Bill 38 builds on previous legislative reform introduced to allow all liquor service licensees to sell liquor with takeout and delivery food orders, a service option that has been available to dining room licensees since 2020. This change, supported by industry and driven by changing consumer demand, became especially significant as the COVID-19 pandemic changed how Manitoba’s hospitality industry operates, noted the minister.
Bill 38 The Liquor, Gaming and Cannabis Control Amendment Act – amends The Liquor, Gaming and Cannabis Control Act to eliminate specific categories of liquor service licences established in the Act. The different types of liquor service licences are now to be established by regulation. The ability to sell liquor with food that is purchased for delivery or takeout is no longer restricted to specified categories of liquor service licences.
Bill 41 The Child and Family Services Amendment Act – Bill amends The Child and Family Services Act to facilitate collaboration and information sharing between the persons and entities who administer the Act and the Indigenous governing bodies and Indigenous service providers who administer Indigenous laws respecting child and family services.