Latest Law Journal Issues

by | May 11, 2020 | Current Awareness, Journals

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.

Journal of the Canadian College of Construction Lawyers 2020

  • Black Spot or Big Chill: Consequences of J. Cote v. Burnaby
  • How Ontario’s Limitations Act Preserves Construction Project Claims
  • Municipal Power to Discriminate: The Impact of Shell Canada Products v. Vancouver (City) on Public Procurement
  • One Person, Two Hats–The Dilemma of the Design Professional
  • Consolidation of Adjudications under Ontario’s New Construction Act (The “Act”)
  • Canadian Construction Law Reform: A Survey of Recent Developments in Builders Liens, Prompt Payment, Interim Adjudication and Mandatory Construction Bonding

Canadian Family Law Quarterly 2020 Volume 39

  • The Cost of Shared Parenting: An Analysis of Section 9 from 2016 to 2017
  • Bill C-78: The 2020 Reforms to the Parenting Provisions of Canada’s Divorce Act
  • Virtual Parent-Child Contact Post-Separation: Hearing from Multiple Perspectives on the Risks and Rewards
  • Case Comment: Undermining Children’s Rights in A.M. v. C.H.

Criminal Law Quarterly 2020 Volume 86 no. 1

  • Good Judgment: Three Case Studies
  • Compassionate Adjudication
  • Why a New Approach to Privacy Rights and Section 8 of the Chapter Is Required in the Cyber Age and What It Could Look Like
  • Taking the Cryptic out of Cryptocurrency Investigations
  • The Knowledge and Beliefs of Jurors and Non-Jurors Concerning the Fallibility of Memory: Is this Information Common Knowledge?

Saskatchewan Law Review Volume 82 (Also available on CanLII.org)

  • Diefenbaker’s Bill of Rights and the “Counter-Majoritarian Difficulty”: The Notwithstanding Clause and Fundamental Justice as Touchstones for the Charter Debate
  • Climate Change, Constitutions, and Courts: The Reference Re Greenhouse Gas Pollution Pricing Act and Beyond
  • Federalism, Subsidiarity, and Carbon Taxes
  • Federalism and Farm Debt During the Great Depression: Political Impetuses for The Farmers’ Creditors Arrangement Act, 1934
  • Book reviews of:
    • Enforcing Exclusions: Precarious Migrants and the Law in Canada by Sarah Grayce Marsden.
    • A Conviction in Question: The First Trial at the International Criminal Court by Jim Freedman.
    • Health Care and the Charter: Legal Mobilization and Policy Change in Canada by Christopher P. Manfredi and Antonia Maioni.
    • The Charter Debates: The Special Joint Committee on the Constitution, 1980-81, and the Making of the Canadian Charter of Rights and Freedoms edited by Adam M. Dodek.
    • Putting Trials on Trial: Sexual Assault and the Failure of the Legal Profession by Elaine Craig.
    • Who Controls the Hunt? First Nations, Treaty Rights and Wildlife Conservation in Ontario, 1783-1939 by David Calverley.
    • First Peoples Law: Essays on Canadian Law and Decolonization by Bruce McIvor, 3d ed.
    • Drug-Impaired Driving in Canada by Nathan Baker.
    • Victimology: A Canadian Perspective by Jo-Anne M. Wemmers.
    • Assisted Reproduction Policy in Canada: Framing, Federalism, and Failure by Dave Snow.

Windsor Yearbook of Access to Justice Volume 36 (Also available on CanLII.org)

  • Introduction – Corporate Social Responsibility Viewed Recently
  • Green Illusions: Governing CSR Aesthetics
  • Dominium and the Empire of Laws
  • The Impact of Whistleblowing Awards Programs on Corporate Governance
  • The Global Social Enterprise Lawmaking Phenomenon: State Initiatives on Purpose, Capital, and Taxation

New Queen’s Bench Notice to the Profession

by | May 7, 2020 | Court of Queen's Bench, COVID-19, Notices

UPDATE: The period starts May 25th, not May 26th.

A new notice regarding the scheduling of trials due to loosening COVID-19 restrictions has been posted. This notice confirms that”all currently-scheduled criminal, civil, family and child protection trials in the Court of Queen’s Bench for the period from May 26 to the end of June 2020, will proceed.”

The March 13, 2020 Media Notice regarding access to the Law Courts is still in effect and should be consulted when attending. That notice has been attached for reference.

It also notes that: “the scheduling and hearing of pre-trials, case management meetings, case conferences, motions and JADRs will continue and, accordingly, all those services will proceed remotely by teleconference or videoconference.”

Additionally, “as of May 11, 2020, the approach for having an emergency or urgent matter heard will return to the former and longstanding process by which a request must be made to the motions coordinator.” Includes clarifications as to how it relates to the Family division.

Click here to see the full notice.

New Legal Ease Library Resource Guide – vLex

by | May 4, 2020 | Legal Research

The newest addition to our Legal Ease collection of resource guides is a quick start summary of the online database and resource, vLex.

Check out the guide here, and other helpful guides on our Legal Ease page, for assistance on any of the library products and resources.

This guide will get you started on exploring what vLex has to offer, now with cases, legislation, and commentary on Canada, the United States, and the United Kingdom.

Find vLex, and other online resources, in the Library Resources section behind the Member’s Portal.

For additional assistance and support you can also read the vLex user guide or, as always, contact us here at the library.

Legislative Update – New Proclamation

by | May 1, 2020 | Legislation, Proclamations

The Government has issued the following Proclamation:

The Reducing Red Tape and Improving Services Act, 2019 S.M. 2019, c. 11 (sections 11 and 31)

“This Act amends several Acts and repeals three Acts and five regulations to reduce or eliminate regulatory requirements and to improve services.”

Specifically , section 11 deals with the The Fatality Inquiries Act, while section 31 amends the Vital Statistics Act.

For a current list of all proclamations, see here.

New Queen’s Bench Notice Family Division

by | Apr 30, 2020 | Court of Queen's Bench, Notices

May Administrative Lists, Triage/Prerequisites, Child Protection Intake and Newly Scheduled Motions and Case Conferences (April 28, 2020)

“The purpose and intent of this Notice is to provide important information to litigants and counsel in respect of the previously-announced second limitation of Court services covering the period from April 18 to May 22, 2020.”

This notice assigns matters which were cancelled from April 20 to May 22, 2020, and provides dates for Triage/Prerequisites, Child Protection Intake, and Motions and Case Conferences.

Click here to see the notice.