Staying on Top of the Law

by | Aug 6, 2019 | Commentary, Current Awareness, Legal Research

Practitioners are well aware of how difficult it is to keep current with changes in the law. When the first cellphone with the ability to take photos was invented, who knew it would eventually lead to a whole new area of law called cyberbullying? Our job at the Manitoba Law Library is to support you in your quest to stay current.

There are a number of journals and newsletters dedicated to specific areas of law. We have compiled a list of the titles that we can share with you. Please review the list, and let us know if you would like to receive them. You can email us at library@lawsociety.mb.ca to be added to the list. And if you already subscribe to a couple, take a look at the list and see if there are others you want to receive.

CPD Summer Replays

by | Jul 24, 2019 | Continuing Professional Development, Law Society of Manitoba

Have you ever attended a CPD Summer Replay? Why not take the opportunity to slow down and catch up on your CPD hours during the quieter summer months. 

Register today for one of these low-cost, in-person presentations.

Walk-Ins welcome!

These programs are replays of previously recorded live presentations offered in-person only in the Law Society Classroom. Lunch and refreshments are not included. Feel free to bring your own refreshments.

Programs include:

Avoiding Cyber Dangers

Procrastination and Professional Liability Insurance Claims

2018 Hot Topics in Real Estate

Renouncing U.S. Citizenship – Why, How and What are the Consequences?

And Much More

Decision of the Week: Hyczkewycz v Hupe

by | Jul 18, 2019 | Decision of the Week, Property Law

This decision deserves decision of the week status for its lengthy and exhaustive analysis of the Torrens system. Beard, J.A.’s analysis included resulting trusts and indefeasibility of title, the origins and goals of the Torrens system, both here and in Australasia where it originated, and the interplay between indefeasibility and trusts. The decision also cites a lengthy bibliiography of articles and texts that were consulted, written between 1859 and 2016.

[33]                     While there are decisions on the interpretation of indefeasibility legislation and its effect on the enforcement of unregistered claims, including resulting trust claims, against real property from the appellate courts in the other western provinces, those decisions have, in some instances, come to different conclusions.  There is, to my knowledge, no decision on point from this Court.  Given that there are some differences between the language used in the real property title registry legislation in the various jurisdictions, it is necessary to undertake a review of the origins and goals of the registry systems to determine the correct interpretation of the current legislation in Manitoba.  As all of the western jurisdictions have land registry systems based on the Torrens system of land titles (the Torrens system), this analysis requires a review of the following:  (a) the origins and goals of the Torrens system; (b) the interplay between the Torrens indefeasibility principle and trusts; and (c) Manitoba’s RPA, the effect of the indefeasibility provision and whether trusts can co-exist with indefeasibility.

2019 MBCA 74