New King’s Bench Practice Directives

June 25, 2023 – Filing of Application or Motion for a Publication Ban or Sealing Order – “Counsel must identify in their pre-trial, triage or case conference briefs whether a publication ban, sealing order or in-camera hearing will be sought and how the media will be advised of such an application.”

June 25, 2023 – Cases involving Statutory Interpretation – “In order to ensure that proper consideration is given to both the French and English versions of legislation where a case involves an issue of statutory interpretation, counsel or a self-represented litigant are to address in their related submissions whether there is discrepancy between the English and French versions. If there is discrepancy, this discrepancy is to be addressed in the submissions regarding the proper interpretation of the statutory provision(s) at issue in accordance with the approach outlined in 5185603 Manitoba Ltd et al v Government of Manitoba et al.”

June 25, 2023 – Tracking of Related Files – “In order to ensure that the judge hearing a matter is aware of related proceedings, counsel must provide information as to any related proceedings in their pre-trial, triage or case conference briefs.
When filing a motion or application in a matter where there is a related proceeding, counsel must file a requisition asking that the related file be provided to the judge along with the file in which the motion or application is brought.”

June 25, 2023 – Use of Artificial Intelligence in Court Submissions – “…there are legitimate concerns about the reliability and accuracy of the information generated from the use of artificial intelligence. To address these concerns, when artificial intelligence has been used in the preparation of materials filed with the court, the materials must indicate how artificial intelligence was used.”


All King’s Bench Practice Directives and Notices can be found here.

New ‘Criminal Law Series’ Online Platform

Our collection of Emond’s Criminal Law Series has moved to it’s new home on the digital VitalSource platform. These eBooks are still available through the Library Resources section of the Member’s Portal, but they have been improved with a new reader interface.

Simply log in to the portal and, in the library resources section, click on the Criminal Law Series image to get started.

When accessing the new platform, users may be greeted with a log in screen. Simply choose “Continue without an account” to gain access to the collection

Navigate over to the “Explore” tab to see the entire Emond’s Criminal Law Series. Click on a title and the “Open book” option to start reading. A helpful pop-up will appear to explain the icons and features available when reading.

Members can also register their own account to save bookmarks, annotations, and preferences, or download the app on desktop or mobile for offline reading.

New Journals Update

journal cover

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

New King’s Bench Notices

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

May 17, 2023 – Notice – Amendments to Court of King`s Bench Rules (Probate) – Changes to King’s Bench Rules 74 and 75 (along with new forms) dealing with probate and estate matters come into force on July 1, 2023. The full text of the amendments are available in Manitoba Regulation number 38/2023.


See here for all King’s Bench Notices and Practice Directions

Free webinar on vLex and Vincent AI

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 1 Vincent/AI Webinar: Tuesday May 30th at 1 pm CT
Register in advance for this webinar

Session 2 Navigating the vLex Platform with a focus on Irwin Law Webinar: Tuesday June 13th at 1 pm CT
Register in advance for this webinar

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 library will be closed on Monday, February 17th for Louis Riel Day. Regular hours will resume Tuesday, February 18th at 8:30 a.m.