The latest issues of these journals are out and available for members. PDF copies of these articles are available upon request following copyright fair use guidelines. Contact us at library@lawsociety.mb.ca for more information.
Estates Trusts & Pensions Journal
From the Law Reports
Identity and Cy-prés: Galloway Estate v. B.C. SPCA – A comment Donavan Waters
Calmusky v. Calmusky: A Novel Application of the Presumption of Resulting Trust or an Outlier? Lisa Filgiano
No Accounting Ordered for Inter Vivos Gifts by Competent Testator: Duhn Estate Nora Christianson Fien
Nova Scotia (Attorney General) v. Lawen Estate: A Case Comment Jane Thomson
Sherman Estate v. Donovan: When is Privacy a Publicly Protectable Interest? David Young
Postscript from Québec Marilyn Piccini Roy
From the Legislature
Acknowledging Acknowledgments: Another Option? Ian Lebane
Articles
Exploring the Limits of an Attorney for Property’s Authority Under the Substitute Decisions Act, 1992 Melanie Yach
Canadian Family Law Quarterly
Tax Efficient Solutions to Division of Corporate Property: Can The Court Order A Corporate Reorganization? 40 C.F.L.Q. 49 Scott Booth
Ontario’s Family Law Limited Scope Services Project: Rhetoric and Realities of the Family Bar Addressing Access to Justice Challenges 40 C.F.L.Q. 1 Rachel Birnbaum; Nicholas Bala
Focused Hearings 40 C.F.L.Q. 87 Justice Stanley Sherr
Retroactive Support After Colucci 40 C.F.L.Q. 61 Rollie Thompson
National Journal of Constitutional Law
A Question of Law: (Formal) Declarations of Invalidity and the Doctrine of Stare Decisis 42 Nat’l J. Const. L. 1 Alexandre Marcotte
The Effect of Declarations of Unconstitutionality in Canada 42 Nat’l J. Const. L. 25 Paul Daly, Jeremy Opolsky, Jake Babad, Julie Lowenstein
La Temporalité des Jugements D’Inconstitutionnalité des Lois au Canada: Ce que L’on Dit Être Leur Rétroactivité 42 Nat’l J. Const. L. 63 Danielle Pinard
McGill Law Journal
Domestic Contracts and Family Law Exceptionalism: An Historical Perspective 66 McGill L.J. 303 Luke Taylor
Religious Challenges to Anti-Discrimination Law: The Mobilization of the “Minority Label” 66 McGill L.J. 377 Léa Brière-Godbout, Marie-Andrée Plante
Creative and Responsive Advocacy for Reconciliation: The Application of Gladue Principles in Administrative Lawl 66 McGill L.J. 337 Andrew Flavelle Martin
L’indépendance du Québec et le Choix Autochtone de la Continuité Canadienne 66 McGill L.J. 253 Ghislain Otis, Aurélie Laurent
The Court of Appeal has released a new notice to the profession that articling students-at-law are no longer permitted to appear as counsel to argue a substantive appeal. An articling student may appear in a chambers matter where the presiding chambers judge grants permission. See below for the full notice.
Insurers Can Deny Coverage After a Claim Is Accepted, SCC Rules November 24, 2021 – “The Supreme Court of Canada recently clarified that an insurer with no prior knowledge of a policy breach may later deny coverage once the breach has been discovered.”
Pitblado wins at the Supreme Court November 29, 2021 – “The Supreme Court rules that an employment discrimination dispute involving a unionized worker should be settled by a labour arbitrator appointed under the collective agreement, not by a human rights adjudicator.”
Misgendering Employees Can Result In Damages Against Employers November 23, 2021 – “Two recent decisions of Human Rights Tribunals in Ontario (EN v Gallagher’s Bar and Lounge, 2021 HRTO 240) and British Columbia (Nelson v Goodberry Restaurant Group Ltd. dba Buono Osteria and others, 2021 BCHRT 137) highlight the importance of employers respecting the preferred pronouns of their employees, and the potential consequences should an employer fail to show such respect.”
Bill 4The Path to Reconciliation Amendment Act – amends The Path to Reconciliation Act to include references to the National Inquiry into Missing and Murdered Indigenous Women and Girls. In addition to the calls to action of the Truth and Reconciliation Commission and the principles of the United Nations Declaration on the Rights of Indigenous Peoples, the calls for justice of the National Inquiry into Missing and Murdered Indigenous Women and Girls are to guide the Government of Manitoba’s commitment to reconciliation.
Bill 5The Coat of Arms, Emblems and the Manitoba Tartan Amendment Act – amends The Coat of Arms, Emblems and the Manitoba Tartan Act to add the polar bear as one of the designated mammal emblems of Manitoba. The plains bison was previously designated in 2014.
Bill 201The Regional Health Authorities Amendment Act – amends The Regional Health Authorities Act to require annual reports of health authorities to be tabled in the Assembly and referred to the Standing Committee on Social and Economic Development. The Standing Committee must consider each report within 120 days.
Bill 202The 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 203The 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 204The Protest Buffer Zone Act (COVID-19 Restrictions) – This Bill establishes The Protest Buffer Zone Act (COVID-19 Restrictions). Buffer zones are created with certain activities prohibited within these buffer zones.
Bill 207The Criminal Property Forfeiture Amendment Act – Enables the money in the criminal property forfeiture fund to instead go to non-profit community organizations for social programs, such as affordable housing and restorative justice.
Bill 6The Workers Compensation Amendment Act – The Workers Compensation Act lists specific illnesses and injuries presumed to be caused by firefighting, unless the contrary is proven. This Bill expands the list to include primary site thyroid, pancreatic, ovarian, cervical and penile cancers.
Available online to Member’s through vLex, this collection of 8 titles from Irwin Law, the Young Advocate Series is meant to be a bridge between law school and real-world practice,
“The series derives from the Advocacy Club. Based in Ottawa, the Advocacy Club trains junior advocates to conduct interviews, and to prepare for and conduct examinations. In the process, they learn collegiality, civility, and modern techniques that help to make them professionals. A word about what these handbooks are not and what they are. The handbooks are not comprehensive re-placements for legal education; they do not contain legal citations or war stories from real or imagined victories in a glorious past. They do contain a great many tips and techniques that permit the thoughtful junior lawyer to develop and advance skills essential to the profession.”
The Art of the Interview: How Lawyers Talk with Clients – “Good interviews lead to a deeper understanding of both a client’s problems and possible solutions. Conducting successful interviews, however, requires knowing what questions to ask and how to ask them. In this handbook, author John Hollander provides techniques; tricks-of-the-trade; and a series of exercises on conducting interviews, witness preparation, examinations, cross-examinations, and submissions.”
Case Analysis: The Critical Path to Persuasion – “How do lawyers get from the initial interview to a structured closing argument? Cases emerge in fits and starts — a fact here, a document there — and most of what lawyers learn about a case has no bearing on the outcome. How can lawyers begin to separate the wheat from the chaff? Case analysis, as outlined in this handbook, will teach you how to convert preparation into persuasion. Armed with case analysis, lawyers can plan and implement effective examinations, openings, and closings: start with the idea, then present the key facts in a manner that convinces — this is the critical path to persuasion.”
The Civil Courtroom: Professionalism to Build Rapport – “Demonstrating professionalism is one of the most important courtroom skills for civil litigators. A collateral benefit of this skill is learning to establish rapport with the people in the courtroom, including decision makers, opposing counsel, clients, and witnesses. This book will help lawyers recognize and evaluate their courtroom skills, and develop the techniques to improve these skills. Professionalism—both how lawyers act and how they relate to others—should be the ultimate goal of this development.”
Discovery Techniques: A Practical Guide to the Discovery Process in Civil Actions – “The discovery process is an opportunity for litigators to better serve their clients. This handbook examines various issues that arise during the discovery process; focuses the reader on questions and topics that allow improvement in performance; and offers examples and exercises that demonstrate best practices, common errors, and methods to deal with difficult situations.”
Examinations in Civil Trials: The Formula for Success – “The rough and tumble of examinations — direct, cross, redirect — is the heart of this handbook, which offers up a wealth of practical techniques and advice for the novice litigator. For more experienced counsel, it can offer alternatives to practices developed over years. Maintaining a plainspoken style throughout, Examinations in Civil Trials presents a sophisticated and comprehensive approach to conducting examinations in court, and before administrative tribunals. Nearly every section wraps up with a case study — a fact situation drawn from the courtroom that sets up an exercise — and a “solution” clearly showing how an advocate might tackle the exercise with aplomb.”
Expert Witnesses in Civil Litigation: A Practical Guide – “Expert witnesses can be the lifeblood of a lawyer’s case. This handbook applies recent pronouncements of the courts to the involvement of experts in civil litigation. It presents practical tips and techniques for lawyers with respect to the participation of experts from initial retainer, instruction, and report, to preparing experts to testify, leading experts’ evidence at trial, and cross-examination. In each chapter, the handbook uses court cases as examples of the points under discussion. Readers can see how case analysis applies to the role of experts in these cases.”
Legal Writing: Mastering Clarity and Persuasion – “What should a lawyer think about before putting pen to paper? How should lawyers organize their documents? What makes them persuasive? This handbook provides examples and exercises to guide the reader through the process of learning how to communicate persuasively. The chapters deal with such overarching topics as legal writing as a case of project management, general principles of legal writing, and specific good and bad habits.”
Mediation for Civil Litigators: Issues and Solutions – “Mediation presents a number of issues that confront the practitioner moving through the legal process, and this handbook guides the practitioner along that path. Law school rarely provides rigorous training in negotiation skills, yet the art of negotiation is central to the mediation process, the purpose of which is to facilitate settlement. Offering perspectives from several mediators, this handbook provides numerous commentaries and opinions about different aspects of mediation, as well as practical tips for successful negotiation and management of the mediation process.”
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.
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