by George Roy | Mar 9, 2018 | Commentary, Law Society Publications, Legal Research
The latest edition of Business Law from Manitoba eLaw is now live! Some of the articles in Issue No. 82, March 2018 include:
- “Something More Than Nothing” Required to Discharge Duty: SCC
- BLA Does Not Apply to Contracts or Work Related to Hydro Project: MBQB
- Oppression Remedy Not Suited to Addressing Family Dispute: MBQB
- Legislative Update
- Federal Budget 2018
- Consultation on Modernizing The Builders’ Liens Act: MLRC
- Consultation Paper on Reviewing AML and ATF Regimes: Department of Finance
by George Roy | Feb 26, 2018 | Copyright, Intellectual Property Law, Legal Research
In honour of Fair Use/Fair Dealings week, here are some of the resources available in the Great Library:
Print
- The Annotated Copyright Act by Normand Tamaro (Thomson Reuters, 2017)
- Intellectual Property Litigation : Forms and Precedents by Paul V. Lomic (LexisNexis, 2016)
- Intellectual Property Journal (Vol. 1-28, 1984-2016)
E-Books
*You must be signed in to the Law Society of Manitoba’s Member’s Portal before you are able to view these e-resources. If you are outside of Manitoba, please get in touch with your respective Law Society Library.
Articles & Websites
The following resources are freely available online for anyone to view:
- Fair Dealing Canada – Resource hub for fair dealing in Canada
- Michael Geist‘s website
- Howard Knopf’s website, “Excess Copyright”
- Here Come The Copyright Bots For Hire, With Lawyers In Tow by Steven Mendelez
- “Anyone can now find infringers, send take-down requests, and quickly demand thousands in damages. Can the trolls be far behind?”
- The Saga of Canada’s “Making Available Right” in Three Acts by Cameron Hutchison
- “Enter our protagonist – the “making available right” [MAR] – which effectively identifies the point of upload as the situs of infringement, thus promising to remedy this situation. The uploader is the one who perpetrates infringement and this entity is now deterred from doing this for fear of being sued. […] it matters not whether the work uploaded is ultimately streamed or copied – we have “our man” and we do not need to worry about those downstream parties.”
- Slaw also has an entire category dedicated to Intellectual Property
by George Roy | Feb 22, 2018 | Copyright, Intellectual Property Law
Next week is Fair Use/Fair Dealings Week, a week to inform, educate, and celebrate the concepts of Fair Use (United States) and Fair Dealings (Canada) as well as in other countries.
As described by fairuseweek.org,
Fair use and fair dealing are essential limitations and exceptions to copyright, allowing the use of copyrighted materials without permission from the copyright holder under certain circumstances. Fair use and fair dealing are flexible doctrines, allowing copyright to adapt to new technologies. These doctrines facilitate balance in copyright law, promoting further progress and accommodating freedom of speech and expression.
As copyright, fair dealing, and education are some of the core values of Canadian libraries, the Great Library hopes this can be a week to help inform users about fair dealing and how it intersects with clients, and promote a better understanding of copyright law and intellectual property as well. The issue has been litigated in Federal Court as recently as last July, between York University and Access Copyright, the collective which collects royalties on behalf of its authors.
Next week we will be putting up a display in the library, as well as including e-resources that members of the Law Society can access online. Stay tuned!
by George Roy | Feb 6, 2018 | Continuing Professional Development, Family Law
The 2018 Annual Joint Family Law Program is coming up on March 9, 2018.
“Should an almost two-year “status quo” created by manipulation and deceit prevail in a custody trial?”
“Can an otherwise “good mother” be entrusted with custody of a three year old, if she has consistently undermined the child’s relationship with an equally “good father”?”
“Why did parents of modest means choose to impoverish themselves – and their daughter’s future — for a needlessly destructive three-year court battle? . . . For the sake of the child? . . . Not a chance.”
These are the questions a judge asked himself in two different custody trials in Ontario. He was dealing with high conflict cases. Those are the cases that are heartbreaking for mental health professionals, lawyers and judges when the questions about parenting devolve to which parent will do the least harm to the child.
The organizing committee of the Annual Joint Family Law Program is delighted to announce that Dr. Barbara Jo Fidler , a respected and renowned clinical developmental psychologist with over 33 years’ experience working with high conflict parenting matters in separating and divorcing families, is attending as a featured speaker this year. She has been an expert witness in court on the issues and her research has been cited with approval by judges who must make decisions about custody in the high conflict cases.
High conflict families bankrupt themselves with seemingly unending litigation. They involve the resources of Child and Family Services, the police, psychologists, psychiatrists, teachers, principals, neighbours and family members. High conflict parents challenge the legal system by ignoring or defying court orders, abducting the children, alienating the other parent and bringing multiple applications. Dealing with the high conflict case is exhausting and frustrating for professionals who deal with the family, and the unending high conflict has a devastating effect on the physical and mental health of the children who are living in the middle. This year’s program will appeal to all of the professionals who must deal with these families.
Dr. Fidler will share her insights and expertise in high conflict cases, offering specific practical advice to lawyers, judges and CFS professionals in three separate presentations throughout the afternoon at the annual Joint Family Law program, entitled “The Tough Stuff”, on Friday, March 9, 2018 at the Grand Ballroom in Fort Garry Place
In “High Conflict Cases: Characteristics & Interventions”, Dr. Fidler explains the role of cognitive biases that can affect decisions about high conflict cases. She identifies the behaviours and attitudes of parents that characterize high conflict cases and offers some tools for the variety of professionals facing these matters.
Following that presentation, Dr. Fidler is joined by Manitoba Court of Queen’s Bench judge, Justice John Menzies from Brandon and experienced Winnipeg family law lawyer, Patricia Lane in a panel on High Conflict Cases in Court.
The panelists will share their unique perspectives in a discussion which will draw examples from four recent Manitoba high conflict cases involving Child and Family Services agencies, multiple interventions and different court decisions. G. v G. made the news in 2016 when the mother was captured in a park after abducting the children. Ulloa v Ulloa deals with a family where the delusional beliefs held by one mentally ill parent are destroying her ability to raise her children in a healthy environment. B. v B. is an example of a high conflict case where the hard decision to change custody was made at an early stage in the proceedings. Wenzel v Wenzel is a case where the Court of Appeal turned a sole custody order into a joint custody order when faced with a procedural error at trial. The facts will be summarized in the materials sent to registrants in advance of the program, and the discussion on the panel will be frank in the effort to help us learn from our experiences.
In the presentation that closes the program, Dr. Fidler makes direct recommendations for clinical interventions, and offers suggestions about the role of the Courts and the use of legal remedies when dealing with high conflict family cases.
The Tough Stuff is a day long program that also tackles other complex and challenging issues including family trusts, pensions, professional or family corporations and service on spouses outside of Canada under the Hague Service Convention rules.
To see the full program agenda and to learn more about this year’s program being held on Friday, March 9, 2018 in the Grand Ballroom at Fort Garry Place, visit the Law Society website today.
Early bird registration ends this Friday, February 9, 2018.
by George Roy | Jan 23, 2018 | Commentary, Family Law, Legal Research
We have a new book display set-up at the Library on the theme of Family Law.
All books are items from our reserve room, and thus are the most recent editions.
If you’re looking to take out any of these books, please let a staff member know (48 hour loan period).
The titles are:
- Manitoba CPLED Program 2016-2017: Family Law
- Settling Family Law Cases: Practical Techniques for Advocates and Neutrals by Lorne Wolfson (2017)
- Family Law Arbitration in Canada (3rd ed.) by Ann C. Wilton and Gary S. Joseph (2017)
- Child Support Guidelines Law and Practice by James C. MacDonald and Ann C. Wilton [no longer updated, current to 2016] *
- Financial Principles of Family Law by Andrew J. Freedman and Paula G. White [no longer updated, current to 2016] *
- The Annotated Divorce Act, 2018 ed., MacDonald and Wilton
* Looseleaf titles, which are available upon request.
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