New CanLII Tort and Civil Procedure Resources

CanLII has recently added two new open access eBooks to their commentary database. To stay up to date with CanLII new releases or to see what is popular, be sure to visit their blog at blog.canlii.org.

CanLII has added to their growing collection of eBooks and commentary with  Tort Law: Cases and Commentaries by Samuel Beswick.

“Professor Beswick’s course readings are a collection of edited decisions, legislation, and articles designed to support Tort Law courses in (common law) Canada. They are complemented by a series of multiple-choice quizzes and questions that students can complete in their own time. “

Civil Procedure and Practice in Ontario is now available on CanLII!

Written by a team of 124 leading litigators and legal experts, Civil Procedure and Practice in Ontario is an annotated guide to the Ontario Rules of Civil Procedure, the Courts of Justice Act, and the Limitations Act. It contains helpful commentary that contextualizes and explains the language of the legislation and regulations, along with examples of case law interpreting them.

New Journal Issues Update

The latest articles are now available from this month’s legal journal updates. PDF copies of these articles are available by request at library@lawsociety.mb.ca.

Estates Trusts & Pensions Journal
Volume 40 Number 4, August 2021

  • Conflicts when Acting as Trustee and Lawyer 40 Est. Tr. & Pensions J. 347 C. David Freedman
  • Why Estate Planning Matters for the LGBTQ+ Community 40 Est. Tr. & Pensions J. 356 Darren G. Lund, Brittany Sud
  • Is There a Limit to the AG’s Parens Patriae Jurisdiction over Charities? 40 Est. Tr. & Pensions J. 377 Joel Nitikman

Canadian Journal of Administrative Law and Practice
Volume 34

  • Abrametz v. Law Society of Saskatchewan, 2020 SKCA 81 34 Can. J. Admin. L. & Prac. 313 Morgana Kellythorne

“While still purporting to apply the Blencoe framework, the Court of Appeal in Abrametz took a broader and more interventionist approach to delay in administrative proceedings, clearly inspired by Jordan. Indeed, the Abrametz approach would extend greater protection from delay to litigants in administrative proceedings than to those in criminal proceedings.”

  • Wildlife Management, Privative Clauses, Standards of Review, and Inuit Qaujimajatuqangit: The Dimensions of Judicial Review in Nunavut 34 Can. J. Admin. L. & Prac. 265 Daniel W. Dylan
  • Is the Civil Resolution Tribunal Headed for a Crash–How Will the BCCA Apply the Article 35 Reference to Trial Lawyers 2021? 34 Can. J. Admin. L. & Prac. 231 Josh Hunter
  • Book Review Rules for a Flat World by Gillian K. Hadfield, Oxford University Press, Paperback Edition, 2020 34 Can. J. Admin. L. & Prac. 323 Voy Stelmaszynski

Canadian Journal of Law and Jurisprudence
Volume 34

  • Radbruch’s Formula Revisited: The Lex Injusta Non Est Lex Maxim in Constitutional Democracies 34 Can. J.L. & Juris. 461 Seow Hon Tan
  • Why Is Aboriginal Title Property If It Looks Like Sovereignty? 34 Can. J.L. & Juris. 417 Douglas Sanderson (Amo Binashii) , Amitpal C. Singh
  • The Question to Be Faced Is One of Fact: H.L.A. Hart’s Legal Theory through His View of
    International Law
    34 Can. J.L. & Juris. 283 Giovanni Bisogni
  • Making What Present Again? A Critique of Argumentative Judicial Representation 34 Can. J.L. & Juris. 259 Donald Bello Hutt
  • Arbitrariness as Discrimination 34 Can. J.L. & Juris. 391 Meital Pinto
  • Beyond Reasonableness: The Dignitarian Structure of Human and Constitutional Rights 34 Can. J.L. & Juris. 341 Kai Möller

“The last two decades have witnessed a wide-ranging and global discussion of the theory and structure of human and constitutional rights. This debate initially focused on the principle of proportionality and subsequently on the related ideas of the ‘culture of justification’ and the ‘right to justification.’ There is now a far-reaching agreement that both proportionality and justification in human and constitutional rights law are concerned with the reasonableness, alternatively the justification in terms of public reason, of the act under consideration. Thus, reasonableness and/or public reason have assumed a, perhaps the, central place in the theory of human and constitutional rights. This article challenges this picture as incomplete and unbalanced.”

  • The Coxford Lecture Corrective Justice and Reparations for Black Slavery 34 Can. J.L. & Juris. 329 Adrienne D. Davis
  • Recognizing One More Wrong 34 Can. J.L. & Juris. 493 Allan Beever
  • When Contract’s Basic Assumptions Fail 34 Can. J.L. & Juris. 297 Hanoch Dagan , Ohad Somech
  • Justifying (or Not) the Office of Trusteeship with Particular Reference to Massively Discretionary Trusts 34 Can. J.L. & Juris. 365 James Penner

Manitoba Law Journal
Volume 44 Issue 2

  • Introduction and Issue Overview 44 Man. L.J. i Bryan P. Schwartz , Darcy L. MacPherson
  • Justice Côté in 2019: Great Dissenter, Voice of the Court, or Both? 44 Man. L.J. 1 Sandrine Ampleman-Tremblay
  • Hryniak Comes to Manitoba: The Evolution of Manitoba Civil Procedure in the 2010s 44 Man. L.J. 36 Gerard J. Kennedy

“This article investigates whether the Supreme Court of Canada’s 2014 decision Hryniak v Mauldin has led to changes in Manitoba procedural law, largely in the summary judgment context. After introducing Hryniak and civil procedure reform’s place in the context of Canada’s access to justice crisis, the author turns to Manitoba. In addition to exploring the regulatory history of explicit changes to Manitoba’s Court of Queen’s Bench Rules, the author delves into Manitoba case law to determine their jurisprudential consequences and whether they have had effects in terms of the frequency that particular rules are used. Ultimately, it is concluded that, despite some potential to be bolder, by and large, Manitoba has prudently charted its own path in this important area of facilitating access to justice.”

  • Feeling Inadequate: Reframing the Mindsets of Legal Education to Promote Mental Health 44 Man. L.J. 66 Edward Béchard-Torres
  • Reconsidering Legal Pedagogy: Assessing Trigger Warnings, Evaluative Instruments, and Articling Integration in Canada’s Modern Law School Curricula 44 Man. L.J. 87 Richard Jochelson , James Gacek , David Ireland
  • Collaborative Law 44 Man. L.J. 121 Brendan Forrest
  • Alternative Fee Arrangements 44 Man. L.J. 134 Sean Corrigan
  • What Is Cultural Legal Studies? 44 Man. L.J. 143 Jennifer L. Schulz

Manitoba Legal Blog Round-Up July and August

Take a look at these recent blogs and articles collected from the Manitoba legal community during the months of July and August 2021.

Clarke Immigration Law

Matthew Gould Blog (Criminal Law)

MLT Aikins

Pitblado Law Blog

  • Todd Andres Podcast: The Right Way to Fire Someone July 21
  • The Right to Disconnect July 21 “The Canadian Government has noticed the lines have been blurred between being “at work” and “not at work”. Consequently, it has established the Right to Disconnect Advisory Committee, which began in October 2020 to hold a series of meetings with stakeholders, including the Canadian public, in order to obtain further information surrounding the right to disconnect and consider the logistics of such legislation.”

Robson Crim Legal Blog

Taylor McCaffrey

TDS law

Together a collaborative family law blog

Update on Provincial Court COVID Restrictions

Notice: Further Resumptions and Some Continued Restrictions

In line with public health directives, the Provincial court continues re-opening with incremental steps. This follows protocols already in place pursuant to previous Notices of June 23 and July 20, 2021.

The Provincial Court of Manitoba remains closed to members of the general public. The Court will continue to hear all trials, preliminary inquiries and Inquests in the court centres. Beginning August 30, 2021, the presumption that counsel and accused persons will appear remotely will no longer apply to adult matters proceeding to disposition and all matters under the Youth Criminal Justice Act. Child Protection dockets will be held in the community or court centre where they are ordinarily heard.

Additional protocols and information are available in the notice.

New Tools from HeinOnline

HeinOnline.org is a small legal publisher with a big footprint, and it keeps getting bigger.

Heinonline has added another database to its Social Justice Suite with the  Open Society Justice Initiative Database.

The Open Society Justice Initiative is part of the Open Society Foundations. Established in 2003, the Foundation provides expert legal support through strategic human rights litigation and other legal work.

This database is updated continuously with over 300 current titles. With reports, handbooks, briefing papers, legal and policy submissions, and fact sheets exploring and advocating on issues of human rights and justice.

For more information check the blog post, or for full details see the LibGuide.

PathFinder: A Suite of Multidisciplinary Browse and Search Tools

HeinOnline has just added another research tool to make finding by subjects easier and more intuitive.

Subjects are now grouped in a hierarchy of categories letting users easily browse for what they are looking for. Learn more about how to use this new feature here, or take a look at the video below.