Journals Update

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

Court of Appeal Notice – Protocol for Articling Students

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.

December 8, 2021 – Protocol on Articling Students appearing in the Manitoba Court of Appeal

See here for all Court of Appeal Notices.

Blog Round-up November 2021

A round-up of blog posts from the Manitoba legal community in November 2021

Clarke Immigration Law
Matthew Gould Blog (Criminal Law)
MLT Aikins
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Pitblado Law Blog
  • 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.”
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TDS law
  • Top 10 Employment Law Basics December 3, 2021
  • 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.”
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Legislative Update

Introduced

Government Bills

Bill 1 An Act respecting the Administration of Oaths of Office (Formal Bill)

Bill 2 The Public Services Sustainability Repeal Act – repeals The Public Services Sustainability Act (which is unproclaimed) and three other legislative references to it.

Bill 4 The 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 5 The 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 7 The Police Services Amendment Act (Enhancing Independent Investigation Unit Operations) – makes a number of amendments to The Police Services Act that deal with the operation of the Independent Investigation Unit (IIU), which is responsible for investigating police officer conduct.

Private Bills

Bill 200The 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 201 The 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 202 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 203 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 204 The 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 205 The Filipino Heritage Month Act – proclaims the month of June of each year as Filipino Heritage Month.

Bill 207 The 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.

Second Reading

Bill 3 The Family Maintenance Amendment Act – replaces Part II of The Family Maintenance Act to establish new rules respecting the parentage of children conceived through assisted reproduction, including where a surrogate is used.

Bill 6 The Workers Compensation Amendment ActThe 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.


Proclamations

ChapterTitle     (provisions)Date in forceDate signedProclamation
SM 2021, c. 38The Fair Registration Practices in Regulated Professions Amendment Act (whole Act)13 Dec 202124 Nov 2021Proclamation
SM 2021, c. 30The Reducing Red Tape and Improving Services Act, 2020 (subsections 25(3) and (4))1 Dec 202110 Nov 2021Proclamation
SM 2021, c. 27The Human Rights Code Amendment Act (whole Act)1 Jan 202227 Oct 2021Proclamation
SM 2021, c. 28The Administrative Tribunal Jurisdiction Act (whole Act)1 Jan 202227 Oct 2021Proclamation
SM 2021, c. 36The Planning Amendment and City of Winnipeg Charter Amendment Act (various sections29 Oct 202127 Oct 2021Proclamation

See here for the status of all current bills.