The latest edition of Estates Trusts & Pensions Journal has arrived and is now available for loan.
The current issue, Volume 39 Number 1, includes:
From the Law Reports Hope and False Promises Invalidating Wills, by John E. S. Poyser and Krista Clendenning
Barford v. Street: Understanding and Applying the Rule to Collapse a Trust, by Charles Wagner and David Elmaleh
Gully v. Gully: A Cautionary Tale, by Aubrie U. Girou
Articles Missing Participants: Various Approaches But No One Solution, by Andrea Boctor, Bas Dieleman, Kobus Hanekom, and Kevin L. Walsh
After the Will signing: “Alterations” to Valid Wills, by Alison Minard
If you would like a copy of any of these articles, please email library@lawsociety.mb.ca and we would be happy to provide them, subject to copyright regulations.
New impaired driving legislation is coming into effect on December 16, 2019 that adds stricter penalties for impaired driving, including immediate roadside prohibition.
To help understand these changes, we have displayed relevant print and online resources.
For print items in the library see:
Impaired driving in Canada (4th edition) by Joseph F. Kenkel
Defending drinking and driving cases by Alan D. Gold
A guide to breathalyzer certificates in Canada by Alan Pearse
Impaired driving in Canada, 2012-2013 ed. By Joseph F. Kenkel
Impaired driving in Canada by Joseph F. Kenkel
Impaired driving and breathalyzer law : recent case law prepared by Keith R. Hamilton
Breathalyzer law in Canada : the prosecution and defence of drinking and driving offences (4th edition)
Journal of motor vehicle law
In our online collection we have:
From the Emond collection available behind the member’s portal, Impaired driving and other criminal code driving offences: A practitioner’s handbook by Karen Jokinen , Peter Keen
And from the Irwin Law collection on desLibris: Drug-Impaired Driving in Canada by Nathan Baker
As well as eNewsletters such as Impaired Driving NetLetter(TM) by the Hon. Justice Joseph F. Kenkel
Bill 8 The Pension Benefits Amendment Act – amends The Pension Benefits Act with a number of changes made in response to recommendations from the Manitoba Pension Commission. These changes include how pension plan members contribute, determine benefits, withdraw funds, and other important changes.
Bill 9 The Public Services Sustainability Amendment Act – amends The Public Services Sustainability Act by setting the start and duration of a sustainability period by regulation, limiting increases in pay during a sustainability period, giving the minister power to approve modest increases in pay, detailing compensation changes, and other clarifications.
Bill 12 The Workplace Safety and Health Amendment Act – makes the following amendments to The Workplace Safety and Health Act: a discriminatory action is now referred to as a reprisal; the position of the chief prevention officer is eliminated; a referral for a reprisal must now be made to a safety and health officer within six months after the date of the alleged reprisal; an appeal of a decision made by a safety and health officer may be dismissed by the director if the appeal is frivolous or vexatious, or, in the case of a reprisal, if it was not referred to an officer within six months; and maximum fines for offences under the Act are increased.
Bill 14 The Public Sector Construction Projects (Tendering) Act – concerns tenders issued by government and other public sector bodies in relation to construction projects. It prohibits the issuing of a tender that would require the successful bidder to employ unionized employees or non-unionized employees for work on the project. Related amendments are included.
Bill 16 The Labour Relations Amendment Act – amends The Labour Relations Act to allow the transition of conciliation and grievance mediation functions to the private sector. The requirement to review provisions of the Act (introduced in 2000) respecting the settlement of subsequent collective agreements is repealed. The Lieutenant Governor in Council is given authority to make regulations setting fees for the various applications that may be made to the Manitoba Labour Board under The Labour Relations Act and other Acts.
Bill 17 The Manitoba Public Insurance Corporation Amendment Act (Claim Dispute Tribunal) – amends The Manitoba Public Insurance Corporation Act to establish the claim dispute tribunal. The tribunal is an independent body that has exclusive jurisdiction to resolve a dispute between an insured person and MPIC concerning vehicle repairs or the amount payable when a vehicle is damaged. In addition, the tribunal may resolve a dispute about MPIC’s determination of liability for an accident or a decision to deny coverage, unless the insured person elects to have those matters determined by the court instead.
Bill 19 The Public Service Act – provides a legislative framework for an ethical and effective public service for Manitoba. The values for an ethical and effective public service are set out in law and supported by codes of conduct, action plans and workforce management policies to be established across the public service. An employers’ council, ministerial directive power for broader public service employers, and consultation opportunities harmonize the delivery of public services in Manitoba.
Bill 21 The Workers Compensation Amendment Act – amends The Workers Compensation Act to deal with the governance of The Workers Compensation Board (“WCB”) and to respond to the 2016-2017 recommendations of the Legislative Review Committee. It includes significant changes to governance, coverage and assessment, compensation, administration, and enforcement.
The Manitoba Law Library would like to acknowledge with gratitude that we are situated on Treaty One Territory, the traditional lands of the Anishinaabe, Cree and Dakota peoples, and the homeland of the Métis Nation.