Blog Round Up June 2022

by | Jul 8, 2022 | Blogs

A round-up of blog posts and online articles gathered from the Manitoba legal community during the month of June.

Brodsky Amy & Gould

Davis Cyber Law

Matthew Gould Blog (Criminal Law)

MLT Aikins

Michael Dyck

Pitblado Law Blog

Robson Crim Legal Blog

TDS law

New Provincial Court Notices

by | Jun 24, 2022 | Notices, Provincial Court

June 16, 2022 – 2pm Trials Pilot Project

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.


June 22, 2022 – Prisoner Transport, Imposition of a Penitentiary Sentence

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.

All Provincial Court notices and practice directions are available on the Courts Website.

Wills and Trusts Collection Update

by | Jun 22, 2022 | New Books, Wills and Estates

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.

Widdifield on Executors and Trustees

“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.

Drafting Trusts & Will Trusts in Canada — 5th ed. KF 730 .K48 2020

“…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..”

The Executor’s Handbook — 6th ed. KF 778 .G73 2019

 “…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 library@lawsociety.mb.ca

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.

See our full Wills Collection for even more titles and resources.

New Queen’s Bench Notice – Rules Amendments

by | Jun 17, 2022 | Court of Queen's Bench, Notices

June 16, 2022 – Amendments to the Court of Queen’s Bench Rules 

“On June 1, 2022, the Statutory Rules Committee of the Court of Queen’s Bench approved changes to:

    1. Queen’s Bench Rules 74 and 75 (along with new forms) that deal with probate practice and contested estates;
    2. The Court of Queen’s Bench Tariff;
    3. 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.

NumberTitle Registered Published
68/2022Court of Queen’s Bench Rules, amendment14 Jun 202215 Jun 2022
69/2022Court of Queen’s Bench Rules, amendment14 Jun 202215 Jun 2022
70/2022Court of Queen’s Bench Rules, amendment14 Jun 202215 Jun 2022

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.