Here’s the Weekly Case Law Update for December 3, 2018.
Decisions covering the following topics:
If you are a member of the Law Society of Manitoba, and would like a copy of any of the decisions from the digest please contact the library and we will be happy to provide those for you.
The Manitoba Law Foundation’s Board of Directors recently met to allocate and approve the Foundation’s statutory and discretionary grants for the 2018/2019 fiscal year. The Legal Profession Act provides in s.90(1) that the Foundation allocate specific portions of interest on lawyers’ trust accounts received in the previous fiscal year to The Legal Aid Society of Manitoba (50% or a minimum of $1,007,629) and The Law Society of Manitoba (16.67% or a minimum of $335,383) for its educational purposes and to offset the cost of monitoring trust accounts.
Due in large part to increases in the prime rate in 2017, Foundation revenues for the year ending March 31, 2018 were significantly higher than has been the case in recent years. Based upon that income, the Foundation was able to allocate statutory grants for 2018/2019 as follows:
The Legal Aid Services Society $1,607,151
The Law Society of Manitoba $ 535,824
In addition to the required grants paid under the provisions of the Act, the Foundation also makes discretionary grants under s.90(4) and in accordance with the objects of the Foundation. These grants are allocated from the surplus at the end of the previous fiscal year after the deduction of operating expenses, mandatory grants, and, in years when revenues are sufficient and where the Reserve requires it, a contribution to the Foundation’s Reserve for Future Grants.
For 2018/2019, the Foundation’s board approved 12 discretionary grants totaling $851,666 to:
Community Legal Education Association (General) | $ 50,000 |
CLEA (Law Phone-In and Lawyer Referral Service) | $ 60,000 |
Community Unemployed Help Centre | $ 20,000 |
E.K. Williams Library (Faculty of Law) | $ 82,000 |
Faculty of Law Sessional Program | $ 95,166 |
Legal Help Centre | $ 80,000 |
Legal Research Institute (Faculty of Law) | $ 80,000 |
Manitoba Law Reform Commission | $ 92,500 |
Native Law Centre (University of Saskatchewan) | $ 12,000 |
Pro Bono Students Canada (Manitoba Chapter) | $ 14,000 |
Public Interest Law Centre (Legal Aid Manitoba) | $180,000 |
University Law Centre (Legal Aid Manitoba) | $ 86,000 |
In addition, the Foundation has approved two Small Grant Applications. Dr. Michael Weinrath of University of Winnipeg’s Criminal Justice Department was awarded a grant of $4,986 for the Winnipeg Police Diversion Research Project. Level was awarded a grant of $7,100 for delivery of their Indigenous Youth Outreach Program in Manitoba.
Through these direct grants into the community, The Manitoba Law Foundation is able to fulfill its mission of advancing legal knowledge, fostering excellence within the legal profession and facilitating community understanding of the justice system.
For more information on the Foundation’s granting or any of the organizations funded by The Manitoba Law Foundation, please visit our website or contact us directly at: info@manitobalawfoundation.org.
A recent Ontario Superior Court decision determined that a mistrial was the only solution for a personal injury jury trial which grossly underestimated the anticipated trial time requirement. In an extremely detailed, thoughtful decision, Justice Leach considered all the parties to the trial in coming to his regretful conclusion.
[16] For the sake of all the many stakeholders in our justice system, described above, all counsel need to be disabused of any notion that their trials will be allowed to proceed for as long as they may take, once they are underway, regardless of confirmed trial duration estimates.
Civil jury trials are extremely rare in Manitoba, so this situation is not likely to come up, however, the issue of delay and the inadequacy of court facilities is a national issue.
Ismail v. Fleming, 2018 ONSC 6615
Yesterday marked the beginning of the 4th Session of the 41st Legislature. Lt.-Gov. Janice Filmon delivered the Speech from the Throne, where the government set out its priorities for this session.
Select highlights:
You can read more at the Government of Manitoba’s news release and the Speech from the Throne.
The federal government’s legalization of non-medical (recreational) cannabis on October 17, 2018, marks the end of a 95-year prohibition in Canada. The magnitude of this change on a societal level is yet to be determined and understood, but lawyers are already grappling with the legal rules and ramifications of legalization. In its continuing professional development (CPD) series Considering Cannabis, the Law Society of Manitoba will offer programs addressing the legalization of cannabis from a variety of legal perspectives.
Our first program in the series features RCMP Sergeant Mark Hume who will speak about the extensive changes to the transportation provisions of the Criminal Code, with a focus on the sections relating to drug-impaired driving. This CPD Reforms to Transportation Offences and Drug-Impaired Driving Offences takes place this Thursday, November 22, and registration for in-person or webinar attendance is still available.
Coming up next in the series, on January 10, 2019, Tracey L. Epp, Pitblado LLP will review the workplace impacts of cannabis legalization, including the need for employers to amend existing policies to address the use of recreational cannabis.
Please watch for further updates about Considering Cannabis programs to come in 2019.
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