Upcoming Library Closure
The library will be closed on Friday, April 7th for Good Friday and Monday, April 10th for Easter Monday. Regular hours will resume on Tuesday, April 11th.
Contents Update: Estates Trusts & Pensions Journal
Estates Trusts & Pensions Journal, Volume 42 Number 2
The latest edition of Estates Trusts & Pensions Journal has arrived and is now available for loan.
The February 2023 issue includes:
From the Law Reports:
Polly Storey, “Case Comment: Fuller v. Fuller” (2023) 42:2 E.T.P.J. 103.
Articles:
Mitchell McInnes, “Unjust Enrichment and Trusts: Restitution and Indemnification in Law and Equity” (2023) 42:2 E.T.P.J. 108.
Dr. Arlin Pachet, John E.S. Poyser & Ryan H.K. Gorlick, “The Impact of Alcohol on Testamentary Capacity (Installment One — The Legal Picture)” (2023) 42:2 E.T.P.J. 140.
Emily Clough & Polly Storey, “Adult Guardianship in British Columbia” (2023) 42:2 E.T.P.J. 177.
Erin Lafuente & Harkirat Teja, “Adult Guardianships and Trusteeships in Alberta” (2023) 42:2 E.T.P.J. 193.
Kimberly Visram, “Guardianships of Property and of the Person in Saskatchewan” (2023) 42:2 E.T.P.J. 204.
Anita Southall and David Thiessen, “Appointment of Guardians for Incapable Adults in Manitoba” (2023) 42:2 E.T.P.J. 212.
Christina Shum, “Guardianship of Property and of the Person in Ontario” (2023) 42:2 E.T.P.J. 221.
Christopher J. Marr, “Guardianship Appointments in New Brunswick” (2023) 42:2 E.T.P.J. 228.
Sarah M. Almon, “Adult Representation in Nova Scotia” (2023) 42:2 E.T.P.J. 234.
Barbara E. Smith, K.C. & Sean R. Seviour, “Guardianship for Property and of the Person in Prince Edward Island” (2023) 42:2 E.T.P.J. 242.
Paul Coxworthy, “Guardianship for Property and of the Person in Newfoundland and Labrador” (2023) 42:2 E.T.P.J. 249.
Interested in an electronic copy? Law Society members are welcome to email us at library@lawsociety.mb.ca for a PDF of the latest legal journal articles (subject to copyright regulations).
Library Closure
The library will be closed on Monday, February 20 for Louis Riel Day. Regular hours will resume on Tuesday, February 21.
Holiday Closure
The library will be closed from December 26, 2022 to January 2, 2023. We will return to our regular office hours on Tuesday, January 3, 2023.
Wishing everyone a wonderful holiday season!
– Manitoba Law Library team
New Practice Directions for Remote Hearings
November 3, 2022 – Remote Hearings – Changes to Court of Appeal Rules
“Amendments to Rule 37.2 of the Court of Appeal Rules came into force on October 31, 2022. The use of audio or videoconference technology will become a regular procedure for chambers hearings, while remaining an extraordinary procedure for appeals before a panel.
Requests to Appear Remotely: Parties will no longer be required to bring a motion to appear by audio or videoconference. In all instances, a party should make a written request to the registrar, who maintains discretion to waive or adjust the prescribed timelines. Parties must provide notice of a request to appear remotely to every other party directly affected by the appeal, motion or application.
For Chambers: A request is to be filed with the party’s initiating or responding materials and no later than two (2) business days prior to the hearing. Permission will be granted to the party to appear by their preferred mode, unless the registrar determines that remote participation is not appropriate in the circumstances.
For Appeals: A request is to be filed no later than ten (10) business days prior to the hearing of the appeal and should set out the circumstances giving rise to the request for a remote hearing. Parties may wish to address some or all instances stated in the practice direction. The court or a judge may then permit a party to participate by audioconference or videoconference if they determine there are special circumstances that make remote participation appropriate.
Videoconference Procedure: In preparation for their appearance, parties should refer to the Videoconference Hearing Procedure for Lawyers and Self-Represented Parties. It is recommended that parties conduct a videoconference test call to ensure a stable connection and functioning microphone and video.”
The full notice regarding this update can be found here.
All Court of Appeal notices and practices are available on the Manitoba Courts website.
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