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 39 Number 4, August 2020 includes:

FROM THE LAW REPORTS

  • It has been Over 150 Years Since the First Partnership Act was Enacted. Do We Understand Yet The Nature of a Partnership Interest? The High Court of Australia Weighs in on the debate, by Joel Nitikman.
  • “Not a Case about a Mere Referral”: Reflections on Salomon v. Matte-Thompson, by Lauren Flam
  • Another Cautionary Tale for Executors: Case Comment on Muth Estate, by Rhonda M. Johnson
  • Equality, Equity, and Exclusion: The Effect of the Jackson Estate Decision on Common Law Partners, by Richard Niedermayer and Madeleine Coats

ARTICLES

  • Digital Assets, Cryptocurrencies and Estate Planning, by Aaron Grinhaus, Amanda Rosenstock and Raluca Soica
  • Who Gets What, and When?, by Ari Kaplan
  • Section 58 – The “Curative” Provision of the Wills, Estates and Succession Act, by Scott Boucher

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).

New Practice Directives and Notices

Court of Queen’s Bench Notice – Masters’ Court: COVID-19 Procedural Update (August 14, 2020)

Masters’ Court – Notice COVID-19 Procedural Update  (August 14, 2020)
This notice modifies the May 11th notice with the resumption of Maintenance Enforcement dockets. Debtors scheduled to appear on or after September 8, 2020 are required to attend court in person, or their legal counsel.

Safety procedures are detailed attached to this notice.

Provincial Court of Manitoba: Access to Winnipeg Remand Centre

Access to Winnipeg Remand Centre (August 18, 2020)
With ongoing difficulties counsel has accessing their clients, the WRC is again permitting counsel to attend in person as of Wednesday August 19, 2020.

Counsel can still contact their clients by telephone and LVI. Additional directions and safety procedures are detailed in the notice.


For all notices and directions related to Covid-19, click here.

New Online Titles

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

Information and Privacy Law in Canada by Barbara von Tigerstrom
” Information and Privacy Law in Canada explores how we can access information held by public bodies, what governments and other organizations can do with information about us, and how we can use the courts or other mechanisms to hold others accountable when they violate our privacy or misuse our personal information. It examines privacy as a multi-faceted concept that includes control over information about ourselves, but also protection of our identities, our personal space, and even our bodies from unwanted scrutiny and interference.”

Mergers, Acquisitions and Other Changes of Corporate Control –3rd ed. by Christopher C. Nicholls
“This book offers a succinct and insightful discussion of the principal laws governing mergers and acquisitions transactions conducted in Canada. It draws on a collection of loosely related legal principles and rules in corporate law and securities law, as well as a handful of other areas relevant to Canadian business acquisitions. This third edition discusses the implications of a host of recent legal and regulatory developments since the publication of the second edition, including, in particular, the groundbreaking changes introduced by National Instrument 62-104 in 2016.”

The Canadian Investor : Challenge and Change in Canadian Capital Markets by Anita Indira Anand
The Canadian Investor is one of the clearest and most informative accounts of Canada’s financial system and the issues it has been facing since the 2008 financial market crash. This insightful book examines all aspects of the many different institutions, programs, actors, and laws that affect investors’ rights. A detailed and accessible analysis of the Canadian landscape that explores securities commissions and other regulatory institutions through a contemporary lens, The Canadian Investor is currently unique in Canada.”

Criminal Procedure — 4th ed. by Steve Coughlan
“This book sets out and examines the law governing criminal procedure in Canada. It explains the body of rules and principles that govern the investigation, prosecution, and adjudication of any offence enacted by Parliament for which an accused person would have a criminal record if found guilty by a court exercising jurisdiction under the Criminal Code. This fourth edition updates the law in all areas of criminal procedure. Most notably, it incorporates significant discussion of Bill C-75, which has made changes to a great many areas of the Criminal Code. In addition, it includes discussion of significant new Supreme Court of Canada cases.”

Anatomy of an Election : Canada’s Federal General Election of 2019 Through the Lens of Political Law by Gregory Tardi
Anatomy of an Election takes a comprehensive and interdisciplinary look at Canada’s 2019 federal election as an example of a democratic election. This book is unique in its explanation of elections and electioneering. It sets the scene by enumerating the foundational elements of Canada’s electoral system, focusing on the constitutional principles, the legislation, and the major court judgments. It then traces the flow of political legal events since 2015 that have led to the forty-third general election. Most importantly, this text provides a day-by-day diary that records the most important political and legal events throughout the campaign.”


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.

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 publications we offer, please contact us for assistance at library@lawsociety.mb.ca.

University of Toronto Law Journal

  • Fifty Years Later: The Legacy of the 1969 Criminal Law Reforms, 70 U. Toronto L.J. 223 Brenda Cossman
  • Angela Fernandez, Pierson v. Post, the Hunt for the Fox: Law and Professionalization in American Legal Culture (Cambridge, UK: Cambridge University Press, 2018) 70 U. Toronto L.J. 382 Philip Girard
  • The 1969 Criminal Amendments: Constituting the Terms of Gay Resistance 70 U. Toronto L.J. 245 Brenda Cossman
  • The Gross Indecency of Criminalizing HIV Non-Disclosure 70 U. Toronto L.J. 263 Kyle Kirkup
  • Homosexuality and Prostitution: A Tale of Two Deviancies 70 U. Toronto L.J. 283 Ummni Khan
  • Treaty Failure or Treaty Constitutionalism? The Problematic Validity of the James Bay and Northern Quebec Agreement 70 U. Toronto L.J. 306 Christa Scholtz
  • In Search of Honourable Crowns and Legitimate Constitutions: Mikisew Cree First Nation v Canada and the Colonial Constitution 70 U. Toronto L.J. 341 Joshua Nichols , Robert Hamilton
  • ‘Repugnant’: Homosexuality and Criminal Family Law 70 U. Toronto L.J. 225 Robert Leckey
  • Book Reviews
    • Angela Fernandez, Pierson v. Post, the Hunt for the Fox: Law and Professionalization in American Legal Culture(Cambridge, UK: Cambridge University Press, 2018)

Journal of Parliamentary and Political Law

  • Force and Law and Their Relationship as a Governance Continuum 14 J. Parliamentary & Pol. L. 283 Hon. Jean-Jacques Blais
  • Jurisprudence 14 J. Parliamentary & Pol. L. 423 Gregory Tardi
  • Dare to Ask: “What Is Democracy?” Directed by Astra Taylor 14 J. Parliamentary & Pol. L. 459 Julia Deutsch
  • Democratic Governing on the Knife’s Edge 14 J. Parliamentary & Pol. L. 261 Gregory Tardi
  • Review of Lori Hausegger, Matthew Hennigar, and Troy Riddell Canadian Courts: Law, Politics, and Process, 2d ed (Don Mills: Oxford University Press, Canada, 2015)
    14 J. Parliamentary & Pol. L. 439 Michael A. Crystal
  • Inclusion of Provincial Governments as “Third Parties” in Federal Campaigns 14 J. Parliamentary & Pol. L. 345 Colin Hoult
  • “Blood Sport”: The Struggle for Political Party Transparency in Ontario 14 J. Parliamentary & Pol. L. 367 Terry D. Hancock
  • Taming the Power to Prorogue Parliament 14 J. Parliamentary & Pol. L. 415 B. Thomas Hall
  • When Is Executive Lawmaking Constitutional in Canada? 14 J. Parliamentary & Pol. L. 383 Major Ed Cottrill
  • Crise du Covid et Fonctionnement Démocratique: Illustration Avec le Système Français
    Journal of Parliamentary and Political Law 14 J. Parliamentary & Pol. L. 277 Marion Rebière
  • Book Reviews
    • Special Literature Section: Spotlight on Publications by Ian Greene 14 J. Parliamentary & Pol. L. 443 Gregory Tardi
    • Review of: Honest Politics Now: What Ethical Conduct Means in Canadian Public Life Ian Greene and David P. Shugarman (Toronto: Lorimer and Company, 2017) 14 J. Parliamentary & Pol. L. 449 Gregory Tardi
    • Review of: The Canadian Charter of Rights and Freedoms: 30+ Years of Decisions That Shape Canadian Life Ian Greene (Toronto: Lorimer and Company, 2014) 14 J. Parliamentary & Pol. L. 445 Gregory Tardi
    • Review of: Beverley McLachlin: The Legacy of a Supreme Court Chief Justice Ian Greene and Peter McCormick (Toronto: Lorimer and Company, 2019)

Canadian Journal of Law and Jurisprudence

  • Private Law’s Estranged Bedfellows: Why Pashukanis Should Worry Contemporary Formalists  33 Can. J.L. & Juris. 461 Igor Shoikhedbrod
  • Categories, Balancing, and Fake News: The Jurisprudence of the European Court of Human Rights 33 Can. J.L. & Juris. 435 Alessio Sardo
  • Governmental-Funded Religious Associations and Non-Discrimination Rules: On Immunity and Public Funding Canadian Journal of Law and Jurisprudence 33 Can. J.L. & Juris. 341 Nahshon Perez
  • Distributive Justice in the Age of Climate Change 33 Can. J.L. & Juris. 263 Elkanah O. Babatunde
  •  The Unavoidability of Evaluation for Interest Theories of Rights 33 Can. J.L. & Juris. 293 Mark McBride
  • Judicial Discretion as a Result of Systemic Indeterminacy 33 Can. J.L. & Juris. 369 Sebastián A. Reyes Molina
  • A Dynamic Judicial Approach to Diachronic Legislative Integrity 33 Can. J.L. & Juris. 481 Michaël Lessard
  • Fairness in Allocations of Parental Responsibilities, and the Limits of Law 33 Can. J.L. & Juris. 397 Ram Rivlin
  •  Two Accounts of International Tax Justice 33 Can. J.L. & Juris. 317 Ivan Ozai
  • Book Reviews
    • Legal Directives and Practical Reasons by Noam Gur 33 Can. J.L. & Juris. 493 Luigi Lonardo

Available on CanLII

Manitoba Law Journal (law.robsonhall.com/manitoba-law-journal/)

  • Volume 42 – Issue 5 The Great Canadian Sedition Trials: Second Edition

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.