“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 thoroughly researched resource that will be useful for anyone working with or establishing public policy with respect to children who have experienced sexual abuse.”
“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 43 The Disclosure to Protect Against Intimate Partner Violence Act – Under the Act, a person who believes that they might be at risk of violence from a current or former intimate partner may apply to receive information about the risk that partner poses to the person or the person’s child.
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.
The latest edition of Estates Trusts & Pensions Journal has arrived and is now available for loan.
This month’s Articles
“Propounding a Will Under Attack: The Role of the Personal Representative in Estate Litigation” Suzana Popovic-Montag and Nick Esterbauer
“Determining Beneficial Title to Joint Bank Accounts “Whitelock, Stock & Barrel?” A Comparative Analysis of the Treatment of Bank Account Agreements & Survivorship Clauses in Canadian Commonwealth Estates Law” Calvin Hancock and Ryan Mulders
“A Broad View of the Law on Disclaimers, Renunciation and Other Forms of Divestment” Justin Fekete
We can also email pdf copies of the latest law journals for Law Society Members. For a copy of these or other legal journal articles email us at library@lawsociety.mb.ca.
Canadian Journal of Law and Society. Vol. 37.
“Marginal Citizens: Interracial Intimacies and the Incarceration of Japanese Canadians, 1942-1949.” Mary Anne Vallianatos. 37 No. 1 Can. J.L. & Soc’y 49.
“Not Worth the Wait: Why the Long-Awaited Regulations under the AHRA Don’t Address Egg Donor Concerns.” Kathleen Hammond. 37 No. 1 Can. J.L. & Soc’y 113.
“Police Violence as Organizational Crime.” Sylvia Rich. 37
“Non-Association Conditions among Release Women: Implications for Successful Community Reintegration.” Laura McKendy, Rosemary Ricciardelli. 37 No. 1 Can. J.L. & Soc’y 135.
“Public Support for Canadian Courts: Understanding the Roles of Institutional Trusts and Partisanship.” Erin Crandall, Andrea Lawlor. 37 No. 1 Can. J.L. & Soc’y 91.
“The Conceptual Problems Arising from Legal Pluralism.” Jorge Luis Fabra-Zamora. 37 No. 1 Can. J.L. & Soc’y 155.
“Le Contrôle Excessif dans le Contexte des Violences Basées sur L’Honneur au Québec: Analyse Juridique et Jurisprudentielle D’Une Violence Genrée.” Dr. Estibaliz Jimenez. 37 No. 1 Can. J.L. & Soc’y 69.
Book Reviews
“Diamond Ashiagbor, Ed., Re-Imagining Labour Law for Development: Informal Work in the Global North and South. Oxford: Hart/Bloomsbury, 2019. 274 pp.” Ania Zbyszewska. 37 No. 1 Can. J.L. & Soc’y 184.
“Sanja Kutnjak Ivković, Shari Seidman Diamond, Valerie P. Hans, and Nancy S. Marder, eds., Juries, Lay Judges, and Mixed Courts: A Global Perspective. Cambridge, UK: Cambridge University Press, 2021. 366 pp.” Jérémy Boulanger-Bonnelly. 37 No. 1 Can. J.L. & Soc’y 179.
“Louis Fournier, FLQ, Histoire d’un Mouvement Clandestin. Montréal: VLB Éditeur, 2020. 369 pp.” Nicolas Desurmont. 37 No. 1 Can. J.L. & Soc’y 181.
Windsor Yearbook of Access to Justice. Vol. 37.
“Measuring Improvement in Access to Justice: Utilizing an A2J Measurement Framework for Comparative Justice Data Collection and Program Evaluation Across Canada.” Brea Lowenberger, et al. 37 Windsor Y.B. Access to Just. 337.
“Sex Workers and the Best Interest of Their Children: Issues Faced by Sex Workers Involved in Custody and Access Legal Proceedings.” Julie E. DeWolf. 37 Windsor Y.B. Access to Just. 312.
“Practising an Anti-Colonial Citizenship Education through a Blended Learning Course on Aboriginal Law.” Sean Robertson. 37 Windsor Y.B. Access to Just. 377.
“Access to Justice as a Social Determinant of Health: The Basis for Reducing Health Disparity and Advancing Health Equity of Marginalized Communities.” Sunam Jassar. 37 Windsor Y.B. Access to Just. 359.
“The Legal Regulation of Sadomasochism and the So-Called “Rough Sex Defence”.” Elaine Craig. 37 Windsor Y.B. Access to Just. 402.
Criminal Law Quarterly. Vol 70.
“The February Emergency: Intelligence, Policing and Governance Failures and the Future of Charter-Proofed Emergencies.” Kent Roach. 70 C.L.Q. 196.
“Using an Anti-Money Laundering Terrorist Finance Approach to Harness a Convoy.” Michelle Gallant. 70 C.L.Q. 292.
“Policing Protest via the Civil Law: Class Actions, Injunctions, and the ‘Freedom Convoy’.” Irina Ceric and Jasminka Kalajdzic. 70 C.L.Q. 247.
“‘Not in the Cards’: The Non-Use of the Canadian Armed Forces in the 2022 Public Order Emergency.” Tyler Wentzell. 70 C.L.Q. 310.
“The Real Lesson of the Freedom Convoy ‘Emergency’: Canada Needs a Public Order Policing Act.” Robert Diab. 70 C.L.Q. 230.
“Invoking the Emergencies Act in Response to the Truckers’ ‘Freedom Convoy 2022’: What the Act Requires, How the Government Justified the Invocations, and Whether It Was Lawful.” Leah West, et al. 70 C.L.Q. 262.
University of Toronto Faculty of Law Review. Vol. 80.
“Is There a Selection Effect in Canadian Administrative Law?” Devan Schafer. 80 U.T. Fac. L. Rev. 73.
““Reviewing Our Peers”: Evaluating the Legitimacy of the Canadian Jury Verdict in Criminal Trials.” Nik Khakhar. 80 U.T. Fac. L. Rev. 42.
“Rethinking Winnipeg Condo as Negligent Performance of a Service: A Rights-Based Account.” Benjamin Zolf. 80 U.T. Fac. L. 97.
“Canadian Litigation for Violations of Customary International Law: Questions Remaining after Nevsun v. Araya.” Jeremy Zullow. 80 U.T. Fac. L. Rev. 122.
“Escaping the Shadow of Partnership: A New Framework for Distinguishing Contractual Joint Ventures from Joint Venture Partnerships.” Branden Cave. 80 U.T. Fac. L. Rev. 9.
The Manitoba Law Library would like to acknowledge with gratitude that we are situated on Treaty One Territory, the traditional lands of the Anishinaabe, Cree and Dakota peoples, and the homeland of the Métis Nation.
Printing and Photocopying
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