Notice: All Levels of Manitoba Courts

Notice:  Response from the Courts relating to Recent Changes to Public Health Orders (August 6, 2021)

All levels of the Manitoba courts have issued a notice regarding the easing of restrictions in the new public health order. These changes are still being reviewed and until further notice those attending the laws courts will still be required to follow protocol including initial screening conducted by sheriffs officers, wearing of masks, appropriate social distancing and sanitation measures.

For all COVID related notices, see the Manitoba Courts webpage.

Latest edition of Ruby on Sentencing

We now have the latest edition of the authoritative text on sentencing by Clayton Ruby available for loan.

Sentencing — 10th ed. by Clayton Ruby

“For over 30 years, this book has set forth sentencing principles and analyses in order to help criminal defence lawyers formulate effective submissions to sentencing judges. Sentencing, regarded by many as “the sentencing bible”, canvasses the law of sentencing in a way that no other books on criminal law and sentencing are able: it succinctly outlines all of the significant facets of sentencing principles and procedure, and provides the reader with a comprehensive range of sentencing for various offences.”

New Journals from Emerald Publishing added to HeinOnline!

HeinOnline has added several new journal titles from Emerald Publishing to the Law Journal Library. This includes full text for all past issues of the journals, excluding the 2 most recent years, which are indexed only. Take a look at what these new titles offer.

International Journal of Law and Management – “International Journal of Law and Management (IJLMA) is a leading journal addressing all aspects of regulation and law as they impact on organizational development, operations and leadership. Organizations and their leaders operate in an increasingly complex world of emerging regulation across national and international boundaries. International Journal of Law and Management seeks to acknowledge the dynamics of that environment and provide a platform for articles and contributions to stimulate scholarly debate in the development of law and practice.”

Journal of Financial Crime – “The journal’s articles are authored by some of the leading international scholars and practitioners in the fields of law, criminology, economics, criminal justice and compliance. Consequently, articles are perceptive, evidence based and have policy impact.”

Journal of International Trade Law and Policy – “an international journal receptive, but not limited, to the methods of economics, law, and the social sciences. As scholars tend to read individual articles of particular interest to them, rather than an entire issue, authors are not required to write with full accessibility to readers from all disciplines within the purview of the Journal. However, interdisciplinary communication should be fostered where possible. Thus economists can utilize quantitative methods (including econometrics and statistics), while legal scholars and political scientists can invoke specialized techniques and theories. Appendices are encouraged for more technical material.”

Journal of Property, Planning and Environmental Law – “publishes original legal research contributions for the benefit of scholars, policy makers and practitioners in these areas, including those operating in the fields of legal practice, housing and planning. International in scope and with a commitment to comparative legal studies, the journal publishes scholarly legal articles dealing with the application of law in these areas as well as theoretical and policy orientated research.”

Policing: An International Journal of Police Strategies & Management – “provides expert discussion, analysis and strategies to achieve greater effectiveness in police management and law enforcement. Publishing peer-reviewed research articles and case studies, the journal provides a truly global and comparative perspective on policing.”

Upcoming titles include Research in Law and Economics and Studies in Law, Politics, and Society. For full access log in to the Member’s Portal.

New Titles: Executive Legislation and Bidding and Tendering

With the previous edition of Executive Legislation being published 11 years ago, this new text has substantial updates and developments including Vavilov and subsequent cases, including case law on legislation addressing the pandemic.

The 6th edition of Bidding and Tendering has a number of updates on commentary and caselaw since its last edition over 5 years ago as well.

Executive Legislation — 3rd ed. by John Mark Keyes

“This book begins with a threshold examination of what constitutes executive legislation (which embraces instruments most commonly referred to as “regulations”) in the context of a Westminster-based legal system that authorizes and delimits its effect as law. It then considers the constitutional framework for delegating executive legislative authority and the institutional (parliamentary and judicial) controls on the delegation and exercise of this authority. Next, it considers how executive legislation is made and operates within this context and provides a comparative law perspective ranging not only throughout Canada, but also across comparable Commonwealth jurisdictions (the UK, Australia and New Zealand).”

Bidding and Tendering: What is the Law — 6th ed. By Paul Sandori and William M. Pigott

“The unique Canadian rules for bidding on construction projects – and just about everything else – have evolved rapidly ever since the Supreme Court of Canada’s landmark Ron Engineering decision in 1981. The decision has spawned well over a thousand lawsuits, with many more likely. Lawsuits can be very costly for both bidders and owners. Lengthy examinations for discovery and testimony before judges can add cost in time to cost in money. How do you avoid a lawsuit when preparing a call for bids or bidding on a project? The expert commentary in this text analyzes the current state of the law to assist you and your clients through the bidding and tendering process.”

Misrepresentation, Trusts, and Administrative Law Texts Added to our Catalog

We have three new texts added to the library’s collection on several topics including hard to find information on misrepresentation, updated administrative law, and drafting trusts with new and updated precedents. Check out more detailed summaries of them here.

Misrepresentation and (Dis)Honest Performance in Contract — 2nd Edition by Bruce MacDougall 

“The law of misrepresentation is fairly complex – though it does not fall squarely within contract law, it can have a considerable effect on a contract, in some instances making it voidable. This voidability, leading to relief through rescission, is both a cause of action and a defence. The book also examines when a misrepresentation leads to tort damages for deceit and negligent misrepresentation in contracts contexts. It details the parties involved in misrepresentations, both in terms of makers and of recipients of such statements – that is, representors and representees.”

Drafting Trusts and Will Trusts in Canada, 5th Edition by James Kessler, Fiona Hunter

Drafting Trusts and Will Trusts in Canada, 5th Edition 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.
In addition, the volume contains a comprehensive collection of skillfully crafted precedents that will be invaluable to lawyers and will help them avoid potentially costly mistakes.”

Canadian Administrative Law — 3rd Edition by Guy Régimbald

“Since the second edition of this book was published in 2008, administrative law in Canada has evolved considerably, due in part to a number of recent Supreme Court of Canada decisions. This third edition of Canadian Administrative Law provides an updated look at this important area of law, taking the new case law into account while still providing readers with a comprehensive guide to the subject. In particular, this volume offers an explanation of: the theoretical foundations of judicial review and how they are supported by the constitution; the powers of administrative decision-makers; why and under what circumstances decision-makers determine both constitutional and jurisdictional issues; the standard of review; fairness; bias; and procedural issues.”

Provincial Court Circuit Locations Reopening

Notice – Further Reopening of Circuit Locations and the Return to Communities (July 20, 2021)

Further to the Notice of June 23, 2021, the courts have confirmed that they are able to return to the communities as outlined. Virtual hearings will be held for many of the communities, with proposed dates for physical hearings given as well. See the full notice for a complete list of dates and statuses.

For all COVID related notices, see the Manitoba Courts website.