by Karen Sawatzky | Jan 5, 2018 | Commentary, Journals, Wills and Estates
Vol. 37, No. 1 of the Estates, Trusts and Pensions Journal has just arrived.
TABLE OF CONTENTS
From the Legislature
- RESPs and the Deceased Subscriber by Lorraine Allard and Bernadette Dietrich
- The Modernization of Trustee Law in Atlantic Canada by Sarah Dykema
- Foreign Guardians of Property and the Ontario Substitute Decisions Act by Matthew Furrow
Articles
- Multiple Wills in British Columbia by Geoffrey W. White
- Multiple Wills in Alberta by Nancy Golding
- Multiple Wills in Saskatchewan by Karen Crellin
- Multiple Wills in Manitoba by K. Eleanor Wiebe
- Multiple Wills in Ontario by Marni M.K. Whitaker
- The Use of Multiple Wills as an Estate Planning Technique in Atlantic Canada by Timothy C. Matthews and Gerald S. McMackin
- Informal Fiduciary Accounting: Who, What, When, Where and Why by Susannah B. Roth
- Quebec: “La Fente” or Legal Devolution to Relatives of the Half-Blood by Marilyn Piccini Roy
Practice Notes
- Ontario and the Convention on the Law Applicable to Trusts and on their Recognition by K. Thomas Grozinger
- Whose Claim is it Anyway: Who is Entitled to Assert and Settle a Claim with Respect to a Pension Benefits Act Deemed Trust? by Andrea Boctor
If you would like to receive a copy of any of these articles, please contact the library at greatlibrary@gov.mb.ca.
by Karen Sawatzky | Jan 4, 2018 | Legal Publishing, Legal Research, New Books
New additions to our print collection:
Civil Law:
Tort Law, 6th ed. by Lewis N. Klar
The Law of Declaratory Judgments, 4th ed. by Lazar Sarna
Criminal Law:
Watt’s Manual of Criminal Jury Instructions, 2nd ed. by The Honourable Mr. Justice David Watt
Administrative Law:
Practice and Procedure Before Administrative Tribunals by Robert W. Macaulay and James L.H. Sprague (6 vol. looseleaf)
New items are kept in our reserve collection, which is only available during business hours. Depending on demand, these can be borrowed for use off site for a limited amount of time.
by Karen Sawatzky | Jan 3, 2018 | Legislation, Proclamations
The Manitoba Government has issued the following proclamation:
With the advice and consent of the Executive Council of Manitoba, we amend the proclamation issued on November 9, 2016, in respect of the coming into force of The New Home Warranty Act (S.M. 2013, c. 23) by striking out “January 1, 2018” and substituting “January 1, 2020”.
This Bill ensures that all new homes built for sale are covered by a warranty against defects in materials, labour and design and structural defects, and requires home builders and warranty providers to be registered.
by Karen Sawatzky | Jan 2, 2018 | Court of Queen's Bench, Criminal Law, Practice Directions
The Manitoba Court of Queen’s Bench has issued the following new practice direction:
Beginning in February 2018, as a one-year pilot project, all pre-trial conferences for judge-alone trials in the case of new criminal matters will be managed by one of approximately eight judges. A first group of four of these pre-trial judges will be assigned to this project for the first six months of the year and a second group of four pre-trial judges will be assigned to this project for the second six months of the year. Each new criminal matter proceeding by judge-alone will be assigned to one of these pre-trial judges.
Please read the practice direction in full.
by Karen Sawatzky | Dec 19, 2017 | Caselaw, Real Estate Law
When homeowners fall behind on their mortgage payments, lenders have the option of foreclosure. Judges have leeway to reach a decision that is equitable to the lender as well as sympathetic to the mortgagor. In Winters v. Hunking, the Court of Appeal overturned a default judgment ordering foreclosure.
The recent decision of the Court of Appeal for Ontario in Winters v Hunking, 2017 ONCA 909 provides an example of the court acknowledging that the mortgagor may have been within its strict legal rights to seek foreclosure on the appellant’s home, but finding that “special circumstances” made such a foreclosure unjust in the circumstances.[FN]
Winters v. Hunking, 2017 ONCA 909
[FN] Commentary by Scott McGrath, Weir Foulds LLP available on Lexology:
Lenders Should Think Twice Before Foreclosing on Sympathetic Mortgagors
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