An Ode to New Contract Law Texts

New additions to our contracts collection this month include an updated edition of a popular title as well as a new text on construction contracts. After reading through these texts you may wish to take a break from contract interpretations and construction with this article on HeinOnline from the New York University Law Review that has a collection of poems based on notable Contract Law cases, including ones like this about the famous Carlill v. Carbolic Smoke Ball Co. case

Fair notice is normally due
When the bargained-for action is through.
With the marvelous ball,
There’s no notice at all,
‘Til its purchaser catches the flu.

Douglass G. Boshkoff, “Selected Poems on the Law of Contracts” (1991) 66:5 NYU L Rev 1533.

For even more literary legal lyrics you can visit openparliament’s Haiku page which has a random generator created from Hansard records that follow the traditional 5/7/5 syllables pattern of a haiku.

New Titles

Law of Contracts — 8th Edition, by Stephen Waddams

The Law of Contracts is an essential element of Canadian contract law and is frequently cited by Canadian courts at all levels. With seven previous editions spanning over 40 years, Stephen Waddams’ The Law of Contracts has earned an esteemed place in Canadian jurisprudence. The Supreme Court of Canada and lower courts consider it as an authority and regularly turn to it for its sound analysis of the principles underlying the law.

This book contains an appraisal of relevant Supreme Court of Canada cases decided since the last edition, including recent cases on intention, interpretation, good faith, and unconscionability.

The Canadian Construction Contracts Guidebook, by Elliot Smith

The Canadian Construction Contracts Guidebook is a must-have for any person who is involved in a construction project in Canada, whether they be owners, contractors, consultants, subcontractors, material suppliers, lawyers, or insurance and surety advisor. It addresses issues from the perspective of how best to establish the contractual arrangement, as opposed to addressing contract administration issues or trying to resolve a dispute after it has arisen on a construction project.

The book also provides helpful context and a guide to understanding many of the issues faced in negotiating a construction contract. It provides practical suggestions and alternatives to addressing contract issues as well as sample clauses in respect of the issues that frequently arise in the negotiation of a construction contract.

Other Contract Law texts

For more resources check out the rest of our collection with these authoratative texts.

Digital/Online Texts

vLex – available through the Member’s Portal

The Law of Contracts — 2nd ed., John McCamus

Legislative Update 5th Session, 42nd Legislature

Government News Releases

Recent Bill Activity

Government Bills

Introduced

  • Bill 2  The Official Time Amendment Act – “amends The Official Time Act to discontinue the seasonal time change for daylight saving time.”
  • Bill 3 The Vital Statistics Amendment Act (Name Registration)   – “amends how a name may be expressed under The Vital Statistics Act. The letters, including marks above and below letters, and other typographical symbols permitted to be used in a name are set out in the Act, and additional ones may be set out in the regulations. The restriction on the number of names that may be included in a surname is removed. In accordance with a person’s traditional culture, a person may be registered under a single name instead of having both a given name and a surname. A registration that included a letter or typographical symbol that is now permitted is validated.”
  • Bill 4  The Minimum Wage Adjustment Act, 2022 (Employment Standards Code Amended) – “amends The Employment Standards Code to set the minimum wage at $14.15, effective April 1, 2023.”
  • Bill 5 The Demise of the Crown Act (Various Acts Amended) – mends several statutes to deal with the demise of the Crown. The chief legislative counsel is given a revision power to make changes to other Acts and regulations to reflect the change of sovereign.
  • Bill 6 The Manitoba Public Insurance Corporation Amendment Act – “makes several amendments to The Manitoba Public Insurance Corporation Act. The corporation is not required to pay benefits to a resident of a jurisdiction other than Manitoba if there is an interjurisdictional agreement that exempts the corporation from providing benefits to residents of that jurisdiction. Currently, an accident victim 65 years or older is entitled to an income replacement indemnity only if they are employed at the time of the accident. The entitlement is broadened to also apply if the victim has a job offer or a history of seasonal, casual or temporary employment.
    The corporation is authorized to pay funds in trust to a person to manage on behalf of a victim with impaired cognitive functioning, even if no formal committee or substitute decision maker has been appointed for the victim. The corporation’s ability to recover overpayments is strengthened.”

Public Bills

Introduced

  • Bill 200 The Black History Month Act (Commemoration of Days, Weeks and Months Act Amended) – “amends The Commemoration of Days, Weeks and Months Act. February of each year is proclaimed as Black History Month.”
  • Bill 201 The Residential Tenancies Amendment Act – “amends The Residential Tenancies Act. The Act currently establishes a process to set the maximum rent increase that may be charged for most rental units and allows landlords to apply for an order that authorizes rent increases above this amount. This Bill prevents landlords from applying for a larger rent increase unless the landlord has incurred eligible capital expenditures or there has been an extraordinary increase in taxes, utilities or security service costs. Larger rent increases cannot be charged until an order has been made that authorizes the increased rent. Landlords are prevented from removing or reducing rent discounts for one year after an application for a larger rent increase is made and from applying for a larger rent increase within one year after removing or reducing a rent discount.
  • Bill 202 The Abortion Protest Buffer Zone Act – ” establishes The Abortion Protest Buffer Zone Act. Access zones are created for clinics and facilities that provide abortion services and for service providers. Certain activities are prohibited within these zones. Certain activities are prohibited on school sites and within 50 metres of school sites.”
  • Bill 203 The Orange Shirt Day Statutory Holiday Act (Various Acts Amended) – “This Bill recognizes Orange Shirt Day, September 30, as a provincial statutory holiday for the purposes of The Employment Standards Code and The Interpretation Act.”
  • Bill 204 The Drivers and Vehicles Amendment Act (Licence Plates for MMIWG2S Awareness) – “amends The Drivers and Vehicles Act. It permits an organization to apply to the Registrar of Motor Vehicles to make a licence plate available that includes the abbreviation “MMIWG2S”, meaning missing and murdered Indigenous women, girls and two-spirit people. The plate must also bear a graphic depicting a red hand or a red dress.”
  • Bill 205 The Restricting Mandatory Overtime for Nurses Act (Various Acts Amended) – “amends The Employment Standards Code to establish a separate overtime regime for nurses by January 1, 2024. Nurses are not obligated to work overtime in non-urgent circumstances. Amendments to The Licensed Practical Nurses Act and The Regulated Health Professions Act provide that a refusal by a nurse to work overtime in non-urgent circumstances does not constitute professional misconduct or breach the duty of care owed to their patient. This Bill also amends The Health Administration Act to require the minister to report twice a year to the Assembly about nurse position vacancies.”
  • Bill 206 The Louis Riel Act – “This Bill bestows the honorary title of “First Premier of Manitoba” on Louis Riel. The Bill requires the Manitoba education curriculum to include the significant contributions of Louis Riel.”
  • Bill 207 The Criminal Property Forfeiture Amendment Act – “This Bill amends The Criminal Property Forfeiture Act. Currently, money in the criminal property forfeiture fund may be used for programs operated by law enforcement agencies. The Bill enables the money to instead go to non-profit community organizations for social programs, such as affordable housing and restorative justice.”
  • Bill 208 The Protecting Youth in Sports Act – “establishes The Protecting Youth in Sports Act. A sports organization or association that receives government funding, a school division or an independent school must ensure that every coach; completes training in the prevention of sexual abuse, harassment, abuse and bullying in sport before commencing coaching youths; and undertakes not to host a young athlete in the coach’s home without prior permission of the athlete’s parent and, in the case of a student participating in an extra-curricular athletic activity, the principal of the student’s school.
  • Bill 209 The Manitoba Hydro Amendment Act (Referendum Before Privatization of Subsidiary) – “amends The Manitoba Hydro Act. Currently, the government may introduce a bill to privatize Manitoba Hydro only after a referendum has been held in which the majority of voters have approved the privatization. The amendment clarifies that the referendum requirement also applies to the privatization of any subsidiary of Manitoba Hydro.”

See here for the current status of all bills.


Regulations
NumberTitleRegistered Published
133/2022Lands Withdrawn from Prospecting Orders, amendment10 Nov. 202210 Nov. 2022
134/2022Impoundment of Vehicles Fees Regulation, amendment18 Nov. 202218 Nov. 2022
135/2022Wildlife Fees Regulation, amendment18 Nov. 202218 Nov. 2022

Regulations of Manitoba

Speech from the Throne opens Fifth Session of the 42nd Legislative Assembly

News ReleasePremier Heather Stefanson Unveils Path to Fight Violent Crime, Strengthen Health Care, Grow Economy and Help Manitobans in Speech from the Throne November 15, 2022

The Honourable Anita R. Neville, P.C., O.M., Lieutenant-Governor of the Province of Manitoba delivers the Speech from the Throne to open the Fifth Session of the 42nd Manitoba Legislature on November 15, 2022.

Promises the government plans to commit to include:

  • Helping Make Our Communities Safer
  • Helping Families Make Ends Meet
  • Strengthening Health Care and Reducing Surgical and Diagnostic Backlogs
  • Helping Make Manitoba More Competitive
  • Helping Protect Our Environment, Climate and Parks
  • Helping Build Stronger Communities
  • Advancing Reconciliation.

For more information see https://www.manitoba.ca/thronespeech/

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Legislative Update

Government News Releases

Recent Bill Activity

Government Bills

Passed

Private Bills

Passed


See here for the current status of all bills.

Legislature is adjourned until 1:30 p.m., Tuesday, November 15th or at the call of the Speaker.


Regulations
NumberTitleRegisteredPublished
126/2022Moose Conservation Closure Regulation, amendment14 Oct. 202214 Oct. 2022
127/2022Court of Appeal Rules, amendment31 Oct. 202231 Oct. 2022
128/2022Allocation of Hunting Licences Regulation, amendment3 Nov. 20223 Nov. 2022
129/2022General Hunting Regulation, amendment3 Nov. 20223 Nov. 2022
130/2022Hunting Seasons and Bag Limits Regulation, amendment3 Nov. 20223 Nov. 2022
131/2022Airport Vicinity Protection Area Regulation, amendment4 Nov. 20224 Nov. 2022
132/2022Pharmaceutical Regulation, amendment4 Nov. 20224 Nov. 2022

Regulations of Manitoba

Blog Round-Up September/October 2022

Collected blog posts from the Manitoba legal community during September and October 2022.

Brodsky Amy & Gould

Fillmore Riley

Matthew Gould Blog (Criminal Law)

MLT Aikins

Robson Crim Legal Blog

TDS law

The Great Library will be closed from December 25, 2024 to January 1, 2025 for the winter holidays. Regular office hours will resume on Thursday, January 2, 2025.