Contents Update: Estates, Trusts & Pensions Journal

The latest edition of Estates,Trusts & Pensions Journal has arrived and is now available for loan.

The current issue, Volume 40 Number 1, December 2020 includes:

FROM THE LAW REPORTS

  • The “Wrong” of Survivorship: A (Very Late) Comment on Pecore v. Pecore by Joel Nikitman
  • The (Ir)revocable Right of Survivorship by Peter Roy Cotton and Calvin Hancock
  • Unhappy Families — Kent Case Commentary by Clay Fernandes and Diane Harbin

ARTICLES

  • Up the Creek Without a Paddle: The Law Relating to Unincorporated Associations by Natasha Smith and Katrina Kairys
  • Considering Indigenous Trust Investments through the Lens of Two-Eyed Seeing by Frankie Young
  • Saskatchewan’s Approach to Costs in Estate Litigation by Beaty F. Beaubier and Christine Libner

If you would like a copy of any of these articles, please email library@lawsociety.mb.ca and we would be happy to provide a pdf version (subject to copyright regulations).

Provincial Court returning to sittings

Notice – Return to sitting for some trials, dispositions and special sittings in certain circuits (January 22, 2021) – The provincial court is beginning to ease restrictions for some trials, dispositions, and special sittings.

“Throughout the Province, the Court remains open to hearing in custody matters, including trials and preliminary inquiries in the Court Centres, and in the opened circuit locations set out below. In custody trials from circuit locations not yet opened, can be transferred to the related open Court Centre where possible. Adult and youth in-custody bail and disposition courts will continue to sit, with accused persons appearing by telephone or videoconference, if available.”

See the full notice for information on each region and more details.

Email Filing Notice for Queen’s Bench

Notice – Email Filing for Criminal Matters (January 18, 2021)

“… given current public health advisories, counsel will be permitted to file documents by email for criminal matters in Winnipeg Centre, effective immediately.”

This notice provides procedures for filing documents by email. These measures will remain in effect while the pandemic response level in Winnipeg is code red or orange.

What’s new on CanLII

Interested in what were the most viewed decisions of the past year? Take a look at the most searched for, and most accessed, cases on CanLII with their Top Ten Accessed Cases on CanLII from 2020.

More Manitoba content has been added to CanLII with the Manitoba Annual Statutes. Statutes from 1988 to present are now part of the CanLII database which means you can now use these with CanLII’s features such as creating alerts, finding citing cases, and saving documents to Lexbox, Lexum’s “Online legal research workspace”.

Manitoba content on CanLII now includes decisions from Manitoba Reports, Manitoba Reports (2nd) series and the Revised Manitoba Statutes from 1987.

Queen’s Bench Practice Direction: Resumption of Criminal Trials

Practice Direction – Resumption of Judge-Alone Out-of-custody Criminal Trials (January 14, 2021)

“Commencing Monday, February 1, 2021, all judge-alone out-of-custody criminal trials will also resume in person.”

Health and safety protocols of the March 13, 2020 notice are still in effect. Portions of the trial may proceed by video conference. To further reduce in-person contact, an upcoming notice will detail email filing requirements and procedures.

For all COVID-19 notices and directives see here.

The library will be closed on Good Friday, March 29.
The courthouse will be closed on Monday, April 1 but the library will be open for remote requests.