This release updates the commentary and caselaw in Chapter 5 (Functions of the Registrar), Chapter 6 (Land Descriptions and Registered and Deposited Plans of Survey), Chapter 12 (Leases), Chapter 13 (Mortgages), Chapter 15 (Lis Pendens), Chapter 16 (Transmission) and Chapter 18 (Statutory Exceptions to Indefeasibility of Title).
Highlights
LEASES - TERMINATION OF LEASE — Appeal from arbitration award of compensation to tenant pursuant to s. 51 of Residential Tenancy Act; landlord terminated respondent’s tenancy to provide vacant possession to buyers exercising option to purchase and intending to renovate and occupy unit; no error concluding standard purchase and sale agreement not required to trigger s. 51 as option agreement valid instrument which also confers right to specific performance; buyer’s extensive renovations unduly delayed occupancy for months and respondent (former) tenant challenged validity of eviction notice which stated purpose as buyer occupation of unit without any mention of renovations; compensation not available pursuant to ss. 51(2) if landlord proves (1) stated purpose for eviction fulfilled within reasonable time and (2) unit used for stated purpose for at least 12 months; arbitrator erred by awarding damages without consideration of whether landlord satisfied ss. 51(2) and solely based on alleged defect in notice; further, arbitrator ignored tenant’s acceptance of notice without objection or complaint about stated purpose which tenant relies on as defect; ss. 51(3) expressly confers discretion to deny compensation based on “extenuating circumstances”; arbitrator erred by concluding repeated delays as a result of buyer’s renovations did not qualify as “extenuating circumstances” and stated purpose of buyer occupancy not fulfilled within reasonable time; appeal allowed: Sull v. Trevitt, 2026 BCCA 163 (B.C. C.A.).
LEASES — QUIET ENJOYMENT -— Appeal from order tenant entitled to treat lease as ended due to Landlord’s fundamental breach; appellant landlord purchased of commercial building and inherited respondent tenant; appellant attempted to negotiate with tenant to end tenancy early to facilitate moving his business onto property; when negotiations did not lead to termination agreement, appellant blocked tenant’s access to loading dock; use of property for warehousing flowers necessitated perishable flower deliveries from large trucks; based on plain language of lease and commercial reasonableness, parties’ objectively intended tenant to have loading dock access; absurd for parties to include term in lease requiring enlargement of loading bay door if tenant not entitled to access loading bay; blocking access denied tenant of substantially all benefit of lease agreement and is repudiatory breach; tenant, as innocent party, entitled to treat lease as over and pursue damages; temporary restoration of access via “without prejudice” consent order does not extinguish tenant’s right to treat agreement as at an end; appeal dismissed: Convocation Flowers Incorporated v. Anisa Holdings Ltd., 2026 ONCA 145 (Ont. C.A.).
LIS PENDENS - THE STATUTORY PROVISIONS — Appeal by mortgagee from refusal to discharge certificate of pending litigation (CPL) filed by party in another action; removal of CPL necessary to facilitate completion of sale of property by mortgagee; chamber’s judge erred by concluding Court not empowered to remove validly registered CPL solely on basis of interference with exercise of power of sale process by mortgagee; Mortgages Act and Land Title Act applicable to exercise of power of sale; no operative conflict between power of sale provisions of these statutes and exercise of power to discharge CPL pursuant to Courts of Justice Act; no language supporting requirement applicant must be party to proceeding in which CPL registered to be entitled to discharge; authorities support discretion to discharge CPL which ranks behind interest of mortgagee to give effect to requirement under LTA to transfer good title to purchaser buying pursuant to power of sale; appeal allowed and matter remitted for reconsideration: MCAN Home Mortgage Corporation v. Broad, 2026 ONCA 217 (Ont. C.A.).
MANITOBA KING’S BENCH RULES ANNOTATED
Release No. 3, September 2026
What's New in This Update
In this release, the author has updated Chapter 3 (Annotations).
Highlights Dismissal for Long Delay - Significant Advancement
The service of a supplemental affidavit of documents was not a significant advancement in this action. The supplemental affidavit of documents was a correction to a deficient earlier step taken in the litigation when the original affidavit of documents was served without disclosing all relevant documents in the plaintiff’s possession, control or power, as is required.
Westland Construction Ltd. v. 4732449 Manitoba Ltd. carrying on business as Con-Restor Technologies, 2026 MBKB 96, 2026 CarswellMan 247 (Man. K.B.), per Berthaudin Associate J.
Striking Out or Expunging Documents - Motion to Strike - Self- Represented Litigant and Gladue Factors A balanced approach is required when considering a plaintiff’s status as a self-represented litigant. The Court went on to consider whether the Gladue factors ought to be considered and held:
84 While the trauma endured by indigenous individuals, families, communities and culture through colonization, discrimination, government policy and other societal wrongs is certainly recognized and not being diminished, and even though I am receptive to consideration of Gladue factors, the difficulty for the plaintiffs in this case is that [the plaintiff] never did explain how, or in what manner, the application of Gladue factors would have an impact for the Plaintiffs in connection with their pleadings or in reply to the issues raised by the Motion. ... 86 Ultimately, a general assertion that Gladue factors ought to be considered, without evidence or submissions as to the application and impact upon this case, is of no constructive benefit to the Plaintiffs in response to the motion.
Henry et al v. Attorney General of Canada et al., 2026 MBKB 6, 2026 CarswellMan 5 (Man. K.B.), per Patterson Associate J.
This release features updates to Chapter 3 (Commencing the Protection Application), Chapter 4 (Motions), Chapter 6 (Protection Application—Dispositions), Chapter 7 (Variation and Status Review Applications), Chapter 9 (Summary Proceedings and Agreements) and Chapter 11 (Appeals).
Highlights Motions — Placement of Child Pending Protection Hearing — The appeal court agreed that nothing in s. 94 of the Act allowed the court to impose terms on the Society relating where a child resides, however, that did not end the analysis as the section states that an order may contain provisions regarding any person’s right of access to the child on such terms that the court considers appropriate. The motions judge found that moving the child to Ottawa would impede family reunification and essentially set up reintegration to fail. This was a finding she was entitled to make. The term in question was clearly ancillary to the access order. It did not direct the placement of the child. The order engaged the best interests factors in the Act, the term simply recognized the child’s personal circumstances, the importance of regular and increased access to his family and was consistent with the child’s best interests. The distance restriction was reasonable and necessary for the ordered access to occur. That decision is entitled to deference. There was no palpable or overriding error. The appeal was dismissed: Linck Child, Youth and Family Supports v. S.B., 2025 CarswellOnt 22778, 2025 ONSC 705.
Motions — Adoption —A foster mother sought an interlocutory injunction to prevent the Minister from moving a four-year-old child, whom she had fostered since birth, to a prospective adoptive home in Nova Scotia while her judicial review of the Minister’s rejection of her adoption application was pending. The court found a serious issue to be tried, noting that the legislation does not give biological siblings priority over other sibling relationships and that the Minister had failed to properly consider the child’s relationship with the foster mother’s children, who met the statutory definition of “siblings.” The court also found that irreparable harm and the balance of convenience favoured maintaining the status quo, as moving the child and potentially requiring a second move would be contrary to the child’s best interests. The interlocutory injunction was granted: McIntyre v. New Brunswick (Minister of Social Development), 2024 CarswellNB 689 (N.B. C.K.B.).
Variation and Status Review Applications — Relocation pending final status — Although the Child, Youth and Family Services Act contains no relocation provisions, courts may apply the relocation framework from the Children’s Law Reform Act in child protection cases to promote consistency. Relevant considerations include the seriousness of the protection concerns, the likelihood of timely parental progress, the impact of the move on the parent-child relationship, and the child’s views and preferences. In this case, the mother had made no meaningful progress in addressing the protection concerns since the children’s removal, while the father demonstrated a strong commitment to their care. The court held that the children’s best interests were served by placement with the father in Montreal under supervision, with access to the mother: Children’s Aid Society of Toronto v. S.P., 2026 CarswellOnt 7480, 2026 ONCJ 270.
This release updates existing case digests in Chapter 10 — Reasons; Chapter 13 — Professional Misconduct; Chapter 14 — Sentencing and Chapter 15 — Appeals and Judicial Review. These digests have been reviewed and, where necessary, revised to reflect subsequent judicial decisions. Updates have also been made to Appendix IF — Issues in Focus and Appendix WP — Words and Phrases.
Highlights
Appendix IF. Issues in Focus - Updated for currency:
e § IF:7. The regulation of professions and Section 11 of the Canadian Charter of Rights and Freedoms
e § IF:8. The regulation of professions and section 13 the Canadian Charter of Rights and Freedoms
e § IF:9. The regulation of professions and Section 15 of the Canadian Charter of Rights and Freedoms
Appendix WP. Words and Phrases—§ WP:1. ABUSE OF PROCESS—New Brunswick—... Abuse of process is egregious or serious conduct which has been defined with terms such as “flagrant impropriety”, “improper motives”, and “bad faith” conduct which “undermines the integrity of the judicial process” or conduct which “results in trial unfairness”. ...: Steele v. Munn (2026), 2026 NBKB 125, 2026 NBBR 125, 2026 CarswellNB 406, 2026 CarswellNB 306 (N.B. C.K.B.) at para. 11 Hamou, J.
Note: all text under "What's New in this Update" and "Highlights" sections is taken verbatim from documents received from the publisher. MLL is not responsible for errors in this content.
A Pilot Project is being undertaken as part of this Court’s response to the new tort of intimate partner violence established by the Supreme Court of Canada in Ahluwalia v. Ahluwalia, 2026 SCC 16.
The procedure for adjudicating claims for intimate partner violence is guided by the foundational purpose of Rule 70 to secure the just, most expeditious and least expensive determination of every family proceeding on its merits and the principles of proportionality articulated in the King’s Bench Rules (“KBR”) 70.02.1(1) and 70.02.1(2) respectively. The following procedure applies to the tort of intimate partner violence.
Statement of Claim A claim based on the tort of intimate partner violence (IPV) shall be set out in a statement of claim pursuant to KBR 70.03(8)(b) and filed in the Court of King’s Bench (Family Division).
Filing a Stand-alone IPV Claim Where there are no initiating pleadings seeking statutory relief, including a petition for divorce, petition, notice of application and a notice of motion to vary, a stand-alone statement of claim for IPV may be filed.
Contested Proceeding When the times specified by KBR 18 and 19 for filing and serving a responding pleading have expired, counsel or a self-represented party may contact the case conference coordinator to schedule a case conference for the contested proceeding. Case conference briefs shall be filed by the parties. The trial dates for the proceeding will be set by the case conference judge at the first case conference. The parties shall ensure that there has been full disclosure of relevant documentation respecting the issues ofliability and damages with authorities related to claimed damages.
Default In the event no responding pleadings are filed, default under KBR 19 may be noted and the matter will proceed on an uncontested basis. A requisition noting default and a motion and affidavit in support of the claim shall be filed.
IPV Claim where Initiating Pleading seeking Statutory Relief filed Where there is an existing initiating pleading seeking statutory relief, including a petition for divorce, petition, notice of application, and a notice of motion to vary, a statement of claim based on the tort of IPV shall be given the same file number, as the existing proceeding involving the same parties.
Where the statement of claim is filed prior to the first case conference, the claim shall be automatically joined with the initiating pleading in the existing proceeding.
When a claim based on the tort of IPV has not been filed prior to the first case conference, a motion for joinder under KBR 5.01(1) may be filed and served and heard by the case conference judge.
A statement of claim based on the tort of IPV will not be subject to triage screening by the triage conference coordinator under KBR 70.24(19).
Claims for statutory relief and the tort of IPV, including liability and damages, shall beheard by the trial judge at the same time.
Prior Amendment to Initiating Pleading Where an initiating pleading has been amended prior to the issuing of this Practice Direction to include an IPV tort claim, the triage/case conference judge will determine whether the amendments are sufficient to adjudicate the issues of liability and damages.
If the amendments are not sufficient to adjudicate these issues, the initiating party will file a statement of claim and the responding party will file responding pleadings, as directed by the triage/case conference judge.
Coming into effect This Practice Direction comes into effect immediately.
University College of the North Act (Jun. 03, 2026) - Members of the Governing Council of the University College of the North are appointed, reappointed, and revoked.
Student Aid Act (Jun. 11, 2026) - Part 6.1 of The Statutes and Regulations Act does not apply to the Student Aid Regulation, amendment set out in the attached Schedule A. Regulation made or approved: 47/2026.
Degree Granting Act - 197/2026 (Sep. 9, 2026) - Regulation 97/2026, which repeals the Yellowquill University College Degree Granting Regulation, is made.
Manitoba Agricultural Services Corporation Act - 194/2026 (Sep. 9, 2026) - The AgriInsurance Regulation 95/2026 is approved.
Business, Mining, Trade and Job Creation
Public Service Act (Jun. 11, 2026) - Executive Assistant within the classification of Executive Assistant to the Minister appointed.
Education and Early Childhood Learning
Public Service Act (Jun. 11 2026) - Special Assistant within the classification of Special Assistant to the Minister appointed. The appointment in paragraph 1 of Order in Council 170/2025 is revoked. The appointment in paragraph 1 of Order in Council 429/2023 is revoked.
Budget Implementation & Tax Statutes Amendment Act (Jul. 10, 2026) - A proclamation is to be issued by the Lieutenant Governor fixing September 1, 2026, as the day on which The Environment Amendment Act, S.M. 2024, c. 35, Schedule B, comes into force.
Environment Act (Jul. 10, 2026) - The Administrative Penalties Regulation 76/2026 is made.
Environment Act - 201/2026 (Sep. 09, 2026) - Approval is given to the Minister of Environment and Climate Change (the “Minister”) to dismiss the appeals that were filed with respect to Environment Act Licence No. 3447 (the “Licence”), pursuant to section 27(2)(d) of The Environment Act (the “Act”), by the following persons on the dates listed: a. the appeal of the Licence by Black River First Nation, dated September 15, 2025; and b. the appeal of the Licence by Brokenhead Ojibway Nation, dated October 10, 2025.
Families
Disability Support Act (Jun. 11, 2026) - Regulation 52/2026, which amends the Disability Support Regulation, is made
Adult Abuse Registry Amendment Act - 212/2026 (Sep. 23, 2026) - A proclamation is to be issued by the Lieutenant Governor fixing November 1, 2026, as the day on which The Adult Abuse Registry Amendment Act, S.M. 2026, c. 14, comes into force.
Public Utilities Board Act (May 13, 2026) - Members of The Public Utilities Board are appointed, reappointed, and revoked.
Public Service Act (Jun. 03, 2026) - Press Secretary within the classification of Professional Officer 9 appointed. The appointment in paragraph 1 of Order in Council 375/2023 is revoked.
Crown Corporations Governance and Accountability Act (Jun. 11, 2026) - Approval is given to the minister responsible for The Crown Corporations Governance and Accountability Act to issue a directive to The Manitoba Hydro-Electric Board in the form attached at Schedule “A”.
Retail Sales Tax Act (Jun. 17, 2026) - Regulation 56/2026, which amends the Retail Sales Tax Regulation, is made.
Canada Pension Plan (Jul. 10, 2026) - The Lieutenant Governor in Council, in accordance with subsection 114(4) of the Canada Pension Plan (“CPP”), hereby signifies the consent of the Province of Manitoba to the enactment of Part 3 Division 5 of the Spring Economic Update 2026 Implementation Act, S.C. 2026, c. 22 (the “Act”).
Public Service Act (Jul. 10, 2026) - Executive Assistant within the classification of Executive Assistant to the Minister appointed.
Public Utilities Board Act (Jul. 10, 2026) - Regulation 74/2026, which amends the Public Utilities Board Fees Regulation, is approved.
Financial Administration Act (Jul. 10, 2026) - Temporary appointment of Salman Tariq to the position of Provincial Comptroller under The Financial Administration Act is approved, within the classification of Executive Officer 3. The appointment in paragraph 1 of Order in Council 134/2024 is revoked effective July 20, 2026.
Pharmaceutical Act (Jun. 17, 2026) - Regulation 54/2026, which amends the Pharmaceutical Regulation, is approved.
Health Services Insurance Act (Jul. 10, 2026) - Regulation 68/2026, which amends the Hospital Services Insurance and Administration Regulation, is made. Regulation 69/2026, which amends the Personal Care Services Insurance and Administration Regulation, is made.
Regulated Health Professions Act (Jul. 10, 2026) - Regulation 70/2026, which amends the College of Physicians and Surgeons of Manitoba General Regulation, is approved.
Public Services Act (May 13, 2026) - Special Advisor to the Minister within the classification of Senior Officer 3 appointed. The appointment in paragraph 1 of Order in Council 6/2025 is revoked.
Public Services Act (May 13, 2026) - Special Advisor to the Minister within the classification of Senior Officer 3 appointed.
Infrastructure and Transportation
Highway Traffic Act (Jul. 10, 2026) - Regulation 72/2026, which amends the Charges for Licences, Registrations, Permits and Other Services Regulation, is made.
Highway Traffic Act (Jul. 10, 2026) - Part 6.1 of The Statutes and Regulations Act does not apply to the Periodic Mandatory Vehicle Inspection Regulation, amendment set out in M.R. 73/2026. The Periodic Mandatory Vehicle Inspection Regulation, amendment set out in 73/2026 is made.
Innovation and New Technology
Public Service Act (Jun. 17, 2026) - Executive Assistant within the classification of Executive Assistant to the Minister appointed. The appointment in paragraph 1 of Order in Council 177/2024 is revoked.
Intergovernmental Affairs and International Relations
Legal Aid Manitoba Act (Jun. 03, 2026) - Members of the Management Council of Legal Aid Manitoba are appointed, reappointed, and revoked.
Provincial Court Act (Jun. 11, 2026) - Staff justice's of the peace in and for the Province of Manitoba appointed and revoked.
Provincial Court Act (Jun. 17, 2026) - Jerrilee Ryle is appointed as an Associate Chief Judge (Reconciliation) of the Provincial Court for a non-renewable term of seven years, effective July 2, 2026. Her term of office expires July 1, 2033.
Court of Kings Bench Act (Jul. 10, 2026) - Appointment and revocation of appointment of deputy registrars of the Court of King’s Bench. Appointment of deputy registrar of the Court of Appeal. Revocation of appointment of official examiners of the Court of King’s Bench.
Justice
Statutes & Regulations Act (Jun. 17, 2026) - Part 6.1 of The Statutes and Regulations Act does not apply to the Manitoba Liquor and Lotteries Board Regulation, amendment to be made by the board of the Manitoba Liquor and Lotteries Corporation.
Public Services Act (May 13, 2026) - Policy Manager within the classification of Professional Officer (P9). The appointment in paragraph 1 of Order in Council 447/2023 is revoked.
Public Services Act (Jul. 10, 2026) - Appointment of Executive Assistant within the classification of Executive Assistant to the Minister.
Minister responsible for Manitoba Hydro
Manitoba Hydro Act (Jun. 17, 2026) - Part 6.1 of The Statutes and Regulations Act does not apply to a regulation made under section 15.0.1 of The Manitoba Hydro Act if the regulation adopts a reliability standard made or recommended by a standards body. The Reliability Standards Regulation, amendment 57/2026 is made.
Minister Responsible for The Manitoba Public Insurance Corporation
Municipal Board Act (Jun. 17, 2026) - Members of The Municipal Board are appointed, reappointed, and revoked.
President of the Executive Council
Elections Act (Jun. 23. 2026) - A writ of election is to be issued by the chief electoral officer, in the prescribed form, to the returning officer for the electoral division of The Pas-Kameesak. The writ is to be issued on Tuesday, June 23, 2026. Election day is Tuesday, July 21, 2026.
Executive Government Organization Act (Jul. 08, 2026) - The appointments of Carla Compton, MLA, the Premier’s Advisor on Nursing, Culture and Safety, and Dr. Eric Jacobsohn, Special Advisor to the Minister of Health, Seniors and Long-Term Care, as co-chairs of the Provincial Health Care Advisory Table by the President of the executive council are approved. The appointment of Carla Compton, MLA is without remuneration. Both appointments are for a period of up to two years.
Executive Government Organization Act (Jul. 08, 2026) - The appointment of Carla Compton, MLA as the Premier’s Advisor on Nursing, Culture and Safety by the President of the executive council is approved.
Manitoba Public Insurance Corporation Act (Jun. 03. 2026) - Order in Council (“OIC”) 102/2026, dated May 6, 2026 is amended as follows: In paragraph 7 “Premal Patel-David” is replaced with “Premmal Patel- David”. Except as amended herein, OIC 102/2026 is confirmed
(Business Practices Amendment Act) (Jun. 17, 2026) - A proclamation is to be issued by the Lieutenant Governor fixing July 1, 2026, as the day on which The Business Practices Amendment Act, S.M. 2026, c. 41, comes into force.
Buy Canadian Act (Government Purchases Act Amendment) (Jun. 17, 2026) - A proclamation is to be issued by the Lieutenant Governor fixing July 1, 2026, as the day on which The Buy Canadian Act (Government Purchases Act Amended), S.M. 2025, c. 37, comes into force.
Electronic Commerce and Information Act (Jun. 17, 2026) - The regulation 58/2026, which amends the Designated Public Bodies Regulation, is made. The regulation 59/2026, which amends the Electronic Documents under Designated Laws Regulation, is made.
Residential Tenancies Act (Jul. 10, 2026) - Members of the Residential Tenancies Commission are appointed, reappointed, and revoked.
Manitoba Film & Sound Recording Dev Corp Act (Jun. 03, 2026) - Members of the Manitoba Film and Sound Recording Development Corporation are appointed, reappointed, and revoked.
Combative Sports Act (Jun. 17, 2026) - Members of the Manitoba Combative Sports Commission are appointed and revoked.
Transportation and Infrastructure
Highway Traffic Act (May 13, 2026) - Members of The Licence Suspension Appeal Board are appointed, reappointed, and revoked.
Emergency Measures Act (Jun. 03, 2016) - Members of the Disaster Assistance Appeal Board are appointed, reappointed, and revoked.
The Manitoba Law Library would like to acknowledge with gratitude that we are situated on Treaty One Territory, the traditional lands of the Anishinaabe, Cree and Dakota peoples, and the homeland of the Métis Nation.
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