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).
“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.
“Where counsel to an accused in a criminal case is moving to withdraw as counsel, the motion to withdraw is returnable before the pre-trial conference judge (and is not returnable on the Criminal Motions and Bails List).
To obtain a date before the pre-trial conference judge, counsel may contact the trial coordinator by email. This approach permits the pre-trial conference judge (who has background regarding the case) to canvass with counsel and the accused how to mitigate the effect a potential withdrawal by counsel may have on the previously scheduled trial which is otherwise required to promptly proceed forward absent exceptional circumstances. To similarly minimize the impact of a withdrawal by counsel (either on the trial or the accused’s desire to be represented by available counsel at trial), a motion to withdraw as counsel should be brought as soon as possible. In those situations where a motion to withdraw is filed within days of the scheduled trial date, it may be that the motion is heard by the trial judge.”
“Further to the Notice issued on June 9, 2022 concerning the return to in-person proceedings effective September 6, 2022, the Masters have had some time to consider the issue of attendance of children aged 12 and over at the Masters’ Child Protection Dockets.”
“… [G]iven the very specific legislative requirement pursuant to section 33(2) of The Child and Family Services Act, C.C.S.M. c. C80, impacted children aged 12 and over need to be served, and brought to court to address their rights. This return to pre-pandemic practice will be effective immediately.”
The full notice regarding this update can be found here.
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