Journals update

New issues of the following journals are now available through WestlawNext Canada. If you would like to read any of these articles, or if you are interested in any other online journals we offer, please contact us for assistance at library@lawsociety.mb.ca.

University of Toronto Law Journal

  • Liam Murphy, “The Artificial Morality of Private Law: The Persistence of an Illusion” 70 U. Toronto L.J. 453
  • David Cabrelli, “The Capabilities Approach: A Panacea for Labour Law’s Ills?”  70 U. Toronto L.J. 572
  • Andrew S Gold & Henry E Smith, “Sizing up Private Law”  70 U. Toronto L.J. 489
  • Malcolm Lavoie, “The Implications of Property as Self-Government” 70 U. Toronto L.J. 535
  • Lionel Smith “Parenthood Is a Fiduciary Relationship 70 U. Toronto L.J. 395”
  • Book reviews
    • Wesley M Oliver, “Sarah Seo, Policing the Open Road: How Cars Transformed American Freedom”  70 U. Toronto L.J. 592

Insolvency Institute of Canada Articles

  • Robyn Gurofsky &Tiffany Bennett, “Anti-Deprivation Rule in Canada: An Alberta Perspective”  I.I.C. Art. Vol. 9-3
  • John Salmas & Mark Freake, “The 2019 CCAA Amendments: Origins, Trends and Practical Implications”  I.I.C. Art. Vol. 9-6
  • Adam Maerov, Kourtney Rylands &Joseph Osborne, “After Quadriga: The Future of Insolvent Cryptocurrency Exchanges” I.I.C. Art. Vol. 9-2
  • Derek Harland, “The “Key” to Success? KERPs in Canadian Restructuring Law Insolvency” I.I.C. Art. Vol. 9-7
  • Vicki Tickle, “A Friend In Times of Need: Monitors in Conflict and How Amici Curiae Can Help Courts Protect the Integrity of CCAA Proceedings” I.I.C. Art. Vol. 9-1
  • Tevia R.M. Jeffries, “Rolling Pre-Filing Supply into a Post-Filing Facility: An Analysis of Canadian and American Treatment”  I.I.C. Art. Vol. 9-5
  • Geoffrey Spencer & Raymond Critch, “Court-Appointed Receivers: Is there an Adequate Alternative Avenue of Relief?”  I.I.C. Art. Vol. 9-4

Windsor Yearbook of Access to Justice

  • Allan C. Hutchinson, “Improving Access to Justice: Do Contingency Fees Really Work?” 36 Windsor Y.B. Access to Just. 184
  • Roger Cotterrell, “Access to Justice, Moral Distance and Changing Demands on Law” 36 Windsor Y.B. Access to Just. 193
  • Sarah Buhler & Rachel Tang, “Navigating Power and Claiming Justice: Tenant Experiences at Saskatchewan’s Housing Law Tribunal” 36 Windsor Y.B. Access to Just. 210
  • Joanna R. Quinn, “The Prospects for Customary Law in Transitional Justice: The Case of Fiji” 36 Windsor Y.B. Access to Just. 249
  • Adam Strombergsson-Denora, “Caught by Private Law: A Review of Visitors’ Jurisdiction in Canada” 36 Windsor Y.B. Access to Just. 284
  • Alexandra Flynn & Mariana Valverde, “Where the Sidewalk Ends: The Governance of Waterfront Toronto’s Sidewalk Labs Deal” 36 Windsor Y.B. Access to Just. 263
  • Kayal Munisami, “Legal Technology and the Future of Women in Law” 36 Windsor Y.B. Access to Just. 164
  • Jane Thomson, “Discrimination and the Private Law in Canada: Reflections on Spence v. BMO Trust Co.” 36 Windsor Y.B. Access to Just. 138
  • Anne Levesque, “L’égalité Réelle et la Mise en Œuvre Intégrale du Principe de Jordan” 36 Windsor Y.B. Access to Just. 231

Canadian Journal of Administrative Law and Practice

  • Kevin W. Gray, “A Separate Head of Judicial Review: Divergent Paths in Common Law Rights Review” 33 Can. J. Admin. L. & Prac. 305
  • Ryan Manucha, “Appellate Review for Questions of Law in Canadian Free Trade Agreement Disputes” 33 Can. J. Admin. L. & Prac. 283
  • Joanne Cave, “Dialogue and Discretion: Redefining the Alberta Labour Relations Board’s Role in Legislative Development” 33 Can. J. Admin. L. & Prac. 323
  • Brian C. Nel, “Vavilov à la Rencontre de Housen: Isoler la Raisonnabilité Telle Qu’Appliquée aux Questions de Droit” 33 Can. J. Admin. L. & Prac. 259

Intellectual Property Journal

  • Alyssa Gaffen, “Refining the Saccharin Doctrine: A Call for Clarity and Predictability in Canada’s Extraterritorial Patent Law” Intellectual Property Journal 32 I.P.J. 291
  • Neerav Srivastava, “Romance and Fiduciary Relationships between Joint Authors and/or Co-Owners of Copyright” Intellectual Property Journal 32 I.P.J. 249
  • Lisa Macklem & Samuel Trosow, “Fair Dealing, Online Teaching and Technological Neutrality: Lessons from the COVID-19 Crisis” Intellectual Property Journal 32 I.P.J. 215

Also, available on CanLII, are these new articles

McGill Law Journal

  • Étienne Cloutier, “A Tale of Two Metaphors: A Narrative Take on the Canadian Constitution” 64 McGill L.J. 447
  • Sébastien Pimont, “De la Politique, de la Science et de la Technique en Droit Civil et en Droit Administratif Français: Scolies Sur Un Discours Savant” 64 McGill L.J. 601
  • Stephanie Ben-Ishai, Jennifer Robson & Saul Schwartz, “Eligible Non-Participation in Canadian Social Welfare Programs “64 McGill L.J. 499
  • Bertrand Lavoie, “Avoir Conscience de L’Internormativité: Contribution à l’Étude de la Conscience du Droit en Contexte Pluraliste”  64 McGill L.J. 415
  • Yves-Marie Morissett, “Publicistes et Privatistes Peuvent Correspondre Entre Eux et Même Se Comprendre”  64 McGill L.J. 573
  • Margarida Garcia & Richard Dubé, “L’Évolution Récente du Concept D’Indépendance Judiciaire et Les Menaces Internes à la Détermination de la Peine Juste” 64 McGill L.J. 535

New Notice and Practice Directive

Provincial Court

Child Protection Hearings (October 1, 2020)

Further to previous notices, the Provincial Court is notifying the profession that in communities where the court has not resumed sitting, the child protection dockets will continue to sit in the court centres for the month of October.

This includes the communities of; Steinbach, Beausejour, Pine Falls, Peguis First Nation, Emerson, Portage la Prairie, Dauphin, Bloodvein, Cross Lake, Norway House and Little Grand Rapids. Details of dockets that will be sitting in Winnipeg, and The Pas are provided.

The notice also gives instructions for when a party may be in custody and requires transportation to the courtroom. It also asks that whenever possible, for persons in custody they appear by video to avoid the need to quarantine, to reduce delays.


For a list of all notices and practice directions related to COVID-19 visit manitobacourts.mb.ca/covid-19/

New Feature and Journals on HeinOnline

HeinOnline has added a new feature that helps users organize their most used databases and items. Users can now mark their favorite databases so they show up first on their home page.

Follow their guide here to get started.

You will need to create your own MyHein Account which is separate from your Law Society account but will stack with the Library’s access to HeinOnline. Your account will also give you the ability to bookmark, save queries, and create alerts. Find out more by reading the MyHein User Guide.

While your there, you can also check out the new journals added to HeinOnline this month. Including; Dublin Law & Politics Review, Emory Law Journal Online,  European Journal of Privacy Law & Technologies, Journal of Child Sexual Abuse, Journal of Contemporary Public Law, Journal of Offender Rehabilitation, Journal of Police Crisis Negotiations, Journal of School Violence, Police Practice and Research, and Women and Criminal Justice.

New Online Titles

These titles have been newly added to our online collection on DesLibris, which is available behind the Member’s Portal:

Sentencing in Canada : Essays in Law, Policy, and Practice edited by David Cole and Julian Roberts
“Sentencing in Canada contains a unique collection of essays that explore all key aspects of sentencing. The contributors include leading academics, criminal law practitioners, and members of the judiciary, and many of the authors have extensive experience working in the areas of sentencing and parole. The volume is not simply a statement of the law—instead, the chapters examine the wider context in which sentencing and parole decisions are taken. The volume also incorporates findings from the latest empirical research into sentencing policy and practice in Canada, including important issues such as sentencing Indigenous persons. As Mr Justice Moldaver notes in his preface, the volume “will be useful to criminal law practitioners and, more generally, to all persons interested in sentencing.”

Financial Skills for Professionals by Vern Krishna
“It is important for professionals and lawyers in commercial, corporate, family, estate, civil litigation, and criminal practices to understand the rudimentary concepts of accounting and financial law. Professionals often fear financial statements. This book uses clear, concise explanations and simple numerical examples of what lawyers and professional persons need to know to understand financial law and statements.”

The Law of Evidence – 8th ed. by David Paciocco, Palma Paciocco, and Lee Stuesser
The Law of Evidence, by David M Paciocco, Palma Paciocco, and Lee Stuesser, is Canada’s leading text in evidentiary law in both criminal and civil cases. For more than two decades, it has been relied upon by judges, practitioners, and scholars in the courtroom and in the classroom. The strength of the book is that it does not simply organize and describe the most important topics in the law of evidence; it is designed to simultaneously teach the law of evidence and provide a concise reference source of the leading authorities. In this newest edition of this frequently cited book, the authors continue the practice of organizing, explaining, and illustrating the law of evidence clearly, simply, and practically. The Law of Evidence, 8e, provides authoritative analyses of new cases, and portions of the book have been rewritten or reorganized to enhance discussion of the most important topics in evidentiary law.”

Canadian Family Law – 8th ed. by Julien D. Payne and Marilyn A. Payne
Canadian Family Law will be of particular interest to judges, legal practitioners, mediators, arbitrators, and other professionals who require an understanding of the law relating to families. It also provides a unique source of information for law students and their professors as well as members of the public who face domestic crises and the threat of marriage breakdown. The eighth edition of Canadian Family Law is a companion volume to Payne and Payne, Child Support Guidelines in Canada, 2020. Previous editions of both of these texts have been cited in hundreds of judicial decisions across Canada, including the Supreme Court of Canada and appellate courts from coast to coast. Canadian Family Law has also been adopted as required reading in family law courses presented by several colleges and universities across Canada.”

Find these books and many more on DesLibris. If you require assistance please contact us at library@lawsociety.mb.ca or check out our Legal Ease guide on DesLibris here.

Interested in reading desLibris titles offline on your phone or tablet? Watch for an upcoming guide on using the DITA reader app.

New Notice and Practice Directives

Provincial Court

Re: Covid-19 Suspension and Re-Opening Of Additional Courts (September 28, 2020)

Following a previous notice, courts will not be re-opening in God’s Lake Narrows in October. They will also not be re-opening in Garden Hill for local reasons.

The courts will re-turn to sitting in Altona, Arborg, Ashern and Lundar, and is sitting in Easterville. There is no confirmed date for Pukatawagan.

Beginning October 1, 2020, the Provincial Court of Manitoba will hear in-custody and out of custody trials and out of custody dispositions in the communities of: Altona, Arborg, Ashern, and Lundar.

Health protocols are in effect in these areas and the courts are asking any one with symptoms to not come to court. More details and updates are included in the full notice.

All Courts

Notice to the Profession (September 28, 2020)

Under the new Manitoba Health protocol, those that have come into contact with an individual diagnosed with COVID-19 while in the courts will now be notified. Members of the profession will not be informed of every potential exposure in the courthouse. A reminder that masks are required at all time while in the courthouse, except, when in a courtroom, the presiding judge stipulates otherwise.


For a list of all notices and practice directions related to COVID-19 visit manitobacourts.mb.ca/covid-19/