The latest edition of Estates Trusts & Pensions Journal (Volume 42 Number 3) has arrived. Members can request pdf copies of articles, or borrow the print version.
This month’s contents:
FROM THE LAW REPORTS
“A paradigm shift in the protection and representation of vulnerable persons in Quebec” Lauren Flam 259
ARTICLES
“Is the Grass Always Greener in the Offshore Tax Haven? A Comparison of Offshore Trust Specific Anti-avoidance Rules
in Canada, the United States, the United Kingdom and France” Elizabeth Bozek 265
“Goodbye and Good Riddance to the Doctrines of “Fraud on a Power” and “The Entire Substratum”…Now if only we could figure out the “Proper Purpose” Rule” Joel Nitikmon 281
“The Impact of Alcohol on Testamentary Capacity (Installment Two — The Medical Picture and Practice Recommendations) Dr. Arlin Pachet, John E. S. Poyser, and Ryan H.K. Gorlick 329”
“Estate and Post-Mortem Tax Planning with Wills, Multiple Wills, and Alter Ego or Joint Partner Trusts” Wendy 0. Templeton 350
We also provide articles from other journals from Westlaw and Quicklaw upon request. Below are the journals with the latest contents. Click on the title for more information.
Intellectual Property Journal
“Balancing Freedom of Expression, Copyright, and Trademark Rights: Art or Science?”35 I.P.J. 141 Daniel R. Bereskin, C.M., K.C.
““Inducing” Copyright Infringement in Canada: Is It a Thing?” 35 I.P.J. 171 David Vaver
“Against Balancing” 35 I.P.J. 181 Norman Siebrasse
“Lessons from ArriveCAN: Access to Information and Justice During a Glitch” 35 I.P.J. 99 Matt Malone
Canadian College of Construction Lawyers
“Collaborative Solutions in Construction: Rising to the Challenges Facing International Construction” 2023 J. Can. C. Construction Law. 1 Professor Doug Jones, AO
“Privilege, Confidentiality and Related Concepts–A Discussion Paper to Help with Common Challenges” 2023 J. Can. C. Construction Law. 109 Gregory A.C. Moores, David A. Barry
“Considering Consideration: The Role of Fresh Consideration in Unilateral Amendments to Construction Contracts” 2023 J. Can. C. Construction Law. 75 Catriona M.L. Otto-Johnston, Elisa J. Stewart
“Construction Law in the Age of Vavilov” 2023 J. Can. C. Construction Law. 57 James D. MacNeil, Katie Short
“Why Hurry up and Wait: The Benefits and Risks of Employing a Pacing Strategy on a Construction Projects” 2023 J. Can. C. Construction Law. 23 Seema Lal
“Drastic Remedies for Drastic Problems: Frustration, Mistake, Misrepresentation, and Repudiatory Breach” 2023 J. Can. C. Construction Law. 39 Brian Samuels, K.C. , Stephanie McHugh
May 9, 2023 – Notice – Hearing of Civil Motions During Summer Court Session – During the summer court session from June 26 to September 1, 2023, the uncontested civil motions list will sit on Wednesdays and Fridays each week. Emergency matters during these days will first need to be placed on an uncontested list. Emergency matters outside those days can be arranged by contacting the Civil Motion Coordinator or, if unavailable, calling the court’s off-hours emergency number.
May 17, 2023 – Notice – Amendments to Court of King`s Bench Rules (Family) – Amendments to Rule 70 Family Division Amendments, Family Division Forms, as well as Rule 4.10(1) have been approved and will come into force upon proclamation of The Family Law Act and The Family Support Enforcement Act. The amendment to Rule 4.10 comes into force immediately. The full list of changes are in Manitoba Regulation numbers 37/2023 and 39/2023
There has been a lot of talk about AI programs in the news lately, and it may surprise some law society members to know that they have access to one of these powerful tools with vLex and the ‘Vincent’ AI.
The library will be hosting three online training sessions for vLex with instruction on how to use the platform and its features . These webinars will also cover vLex’s AI ‘Vincent’, explaining how this powerful tool assists with legal research, analyzes documents and automatically generates headnotes from decisions.
Sign up below and scroll down for more information.
Session 3 vLex Platform Walkthrough Webinar (Vincent AI, Navigating the Platform, Irwin Law): Tuesday June 27th at 1 pm CT Register in advance for this webinar
What is Vincent?
By combining human search behaviour with machine speed, Vincent enables you to go beyond traditional research methods. With its easy-to-use technology, this cross-jurisdictional assistant helps you to:
Quickly interact with global legal information
Save valuable research time
Extract key legal issues from cases
Access automatically generated headnotes on
millions of cases
Improve the quality of your work by ensuring no
important documents are missed due to human error.
Importantly, Vincent recognizes legal documents from over 30 countries, in both English and Spanish. As well as finding all in-text references, Vincent also finds documents that are semantically similar, on the same points of law, and also in other jurisdictions, to help lawyers build better arguments using on-point cases and persuasive authorities.
Vincent AI Case Analysis
vLex has enhanced Vincent AI’s capabilities to include a new feature called Case Analysis. Vincent, using large-scale language models, can now read cases, extract key information, and automatically produce summarized headnotes – helping legal professionals understand the important issues addressed in a judgment at a glance.
Irwin Law E-Library
The Irwin Law e-book collection brings an innovative approach to legal publishing that does more than outline the current state of the law. Containing over 300 e-books, this collection analyses the complex issues of the day in a succinct and readable style, and in a manner that is probing and thoughtful. With a focus on Canadian law as well as some international topics, the Irwin law collection covers a wide range of practice areas.
The newest issues of popular legal journals, as well as new journal titles, are now out and available. Law Society Members can access HeinOnline journals through the Member’s Portal or request pdf copies of our other digital journals by contacting the library. See below for more details.
New Journals Added to HeinOnline (click to expand)
Not only does HeinOnline have a large collection of legal journals, but we are also subscribed to the Canadian Core package of HeinOnline which includes Federal and Provincial Annual and Revised Statutes going back to 1868 and 1871 respectively, as well as English Reports, Legal Classics, Legal Dictionaries, and more. Take a look at HeinOnline if you haven’t before to explore what else this resource has to offer.
Other Digital Journals
We are also able to provide pdf copies of journal articles found on Westlaw and Quicklaw for Law Society Members. Email us at library@lawsociety.mb.ca for a copy of any of the following articles or, if you are looking for information on a specific issue, let us know and we can look for relevant articles and commentary. Click on the journal title for the current issue’s content.
Canadian Family Law Quarterly
Parenting Coordination as a Judicial Tool: Achieving Access to Justice for Children 41 C.F.L.Q. 391 Joanna Radbord; Rachel Birnbaum
Rich Parents, Poor Kids — Unwrapping Parental Gifts: A Review of the Case Law Regarding Gifts/Loans and their Impact on Property and Support 41 C.F.L.Q. 261 Stephen Codas; Sarah Strathopolous; Scot D.E. Menzies; Jessica A. MacDonald
Child Support for Adult Children 41 C.F.L.Q. 315 Maxine M. Kerr
Canadian Journal of Administrative Law and Practice
The Tribunal Design Issue–An Overview or How to Fix My A2J Problem 36 Can. J. Admin. L. & Prac. 1 Paul Aterman
Five Steps to User-Centred Tribunal Design 36 Can. J. Admin. L. & Prac. 5 Emily Farrimond, Paul Aterman
Active-Sensemaking: How Do I Find Out What Users and Stakeholders Really Think about My Tribunal’s Services? 36 Can. J. Admin. L. & Prac. 19 Emily C. Drown
Future Directions in Standard of Review in Canadian Administrative Law: Substantive Review and Procedural Fairness 36 Can. J. Admin. L. & Prac. 69 Paul Daly
How Do I Implement Proportionate Adjudicative Systems to Manage and Resolve Cases? 36 Can. J. Admin. L. & Prac. 39 Michelle A. Alton
Fostering and Measuring Adjudicative Quality in Tribunals 36 Can. J. Admin. L. & Prac. 57 Immigration and Refugee Board of Canada
Canadian Journal of Law and Technology
Cryptocurrencies and Climate Change: A Net-Zero Paradox 20 Can. J. L. & Tech. 129 Jason MacLean
Crowdsourcing Justice 20 Can. J. L. & Tech. 153 Matthew Dylag
Regulating Uncertain States: A Risk-Based Policy Agenda for Quantum Technologies 20 Can. J. L. & Tech. 179 Tina Dekker, Florian Martin-Bariteau
Reframing Technology-Facilitated Gender-Based Violence at the Intersections of Law & Society 19 Can. J. L. & Tech. 209 Jane Bailey, Carys Craig, Suzie Dunn, Sonia Lawrence
From Cartier to Codification: Website-Blocking Injunctions and Third-Party Internet Service Provider Respondents 20 Can. J. L. & Tech. 225 Dan Mackwood
Comment: The United Nations and Robot Rights 20 Can. J. L. & Tech. 257 Heather Alexander
Journal of Parliamentary and Political Law
Parliamentary Scrutiny and Judicial Review of Executive Legislation–Is It Working in Canada? 17 J. Parliamentary & Pol. L. 191 John Mark Keyes
The Testing of Democratic Resolve 17 J. Parliamentary & Pol. L. 1 Gregory Tardi, DJur
Including Emerging Litigation Comprenant les Litiges en Voie de Développement17 J. Parliamentary & Pol. L. 233 Gregory Tardi
Disruption and Routine: Choosing a Speaker in the United States Compared to Canada 17 J. Parliamentary & Pol. L. 7 Robert W. Speel , Gregory J. Inwood
Federalism Review in Parliament: Scrutiny Mechanisms Described 17 J. Parliamentary & Pol. L. 139 Charlie Feldman
The Dialogue within: Deference and Self-Assertion in the Supreme Court of Canada in the Charter Era 17 J. Parliamentary & Pol. L. 85 Professor Thomas M.J. Bateman
We Need More Social Accountability Regarding Voting; a Call to Arms for Electoral Participation 17 J. Parliamentary & Pol. L. 187 Gabriel Chemla , Natalia Tovilla-Bátiz
The Kiribati Constitutional Crisis Escalates: Rule of Law and Judicial Independence at Risk 17 J. Parliamentary & Pol. L. 227 Gavin Murphy
The Ever-Expanding House of Commons and the Decennial Debate over Representation by Population 17 J. Parliamentary & Pol. L. 101 J.W.J. Bowden
Upholding Refugee Rights in Times of Crisis: Canada’s Response to the COVID-19 Pandemic, the Crisis in Afghanistan & the War in Ukraine 17 J. Parliamentary & Pol. L. 11 Arghavan Gerami , Raoul David Wieland
Trudeau’s Eleven: The SNC-Lavalin Affair as a Demonstration of Techniques and Approaches of Behind the Scenes Political Persuasion 17 J. Parliamentary & Pol. L. 41 Professor John Soroski
Service Centres, Doing a Disservice: Bill 40 and the Precarity of English-Language Education Rights in Quebec 17 J. Parliamentary & Pol. L. 157 Anthony Portulese
Book Reviews
Review of: Enemies of the People?: How Judges Shape Society by Joshua Rozenberg (Bristol: Bristol University Press, 2020) 17 J. Parliamentary & Pol. L. 265 Gregory TardiReview of: Constitutional Pariah: Reference Re Senate Reform and the Future of Parliament by Emmett Macfarlane (Vancouver: UBC Press, 2021) 17 J. Parliamentary & Pol. L. 255 Aniz Alani
Review of: Illiberal Constitutionalism in Poland and Hungary the Deterioration of Democracy, Misuse of Human Rights and Abuse of the Rule of Law by Professor Timea Drinoczi and Professor Agnieszka Bien-Kacala (London: Routledge Publishers, 2021) 17 J. Parliamentary & Pol. L. 261 Gavin Murphy
University of Toronto Law Journal
The Reinvention of Canadian Tort Law, 1945-95: Jordan House as Case Study 73 U. Toronto L.J. 133 Rande Kostal, Erika Chamberlain
Rethinking the Division of Tax Room and Revenue in Fiscal Federalism l 73 U. Toronto L.J. 174 Rory Gillis
Frontiers of Legality: Understanding the Public Policy Exception in Choice of Law l 73 U. Toronto L.J. 216 Joanna Langille
Book Reviews
Martin Loughlin, Against Constitutionalism (Cambridge, MA: Harvard University Press, 2022) l 73 U. Toronto L.J. 255 Roberto Gargarella, Senior Researcher, National Research Center (CONICET), Argentina
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.
Printing and Photocopying
If you need to use the library’s printing and photocopying services you will need to create an account. See us at the front desk for assistance.
Please note: The library will be closing early on Friday, December 13th at 11:00AM for a special event. Regular library service will resume Monday, December 16th at 8:30AM.
The Great Library will be closed from December 25, 2024 to January 1, 2025 for the winter holidays. Regular office hours will resume on Thursday, January 2, 2025.
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