Looseleaf Updates – September 30, 2026

The following looseleaf texts have been updated:

REGISTRATION OF TITLE TO LAND

Release No. 8, August 2026

What's New in This Update

This release updates the commentary and caselaw in Chapter 6 (Land Descriptions and Registered and Deposited Plans of Survey), Chapter 8 (The Statutory Transfer), Chapter 12 (Leases), Chapter 13 (Mortgages), Chapter 15 (Lis Pendens), Chapter 16 (Transmission), Chapter 17 (Registration), Chapter 20 (Builders', Construction and Mechanics' Lien Legislation) and Chapter 21 (Judgments and Writs of Execution).

Highlights

Land Descriptions and Registered and Deposited Plans of Survey--The Condominium Acts--The Condominium Plan--Amendment of Plan - TWS Holdings Ltd. v. The Owners, Strata Plan KAS 2521, 2026 BCSC 938 - Petition to amend strata plan and for order authorizing utilities easement and connection when construction completed; Phase 5 never completed by developer and petitioner acquired Phase 5 lands at foreclosure sale; petitioner requests extension of time limit for deciding whether to proceed with Phase 5; statute conclusively deems election to proceed since original developer did not make election prior to expiry of deadline; case authorities establish deemed election not final and binding as statute authorizes amendment of plan after deemed election to proceed; petitioner need not prove impossible or impractical to proceed to be entitled to extension; appropriate in circumstances, including absence of common facilities, to grant amendment and extension.

The Statutory Transfer--Gifts; Other Statutes Affecting Transfers; Merger of Contract in Transfer--By Way of Gift - 1063466 B.C. Ltd. v. 1286121 B.C. Ltd., 2026 BCSC 891 - Petition pursuant to Rule 13-5, Partition of Property Act and Court Order Enforcement Act ("COEA") for sale of properties owned by guarantor to satisfy judgment in separate foreclosure proceeding; petitioner third mortgagee received nothing from sale of foreclosed properties; relevant case law establishes petition for final order of sale to collect judgment engages Partition Act while COEA applies to interim sale order; petitioner's 2025 appraisal of $20M more reliably reflects relevant market conditions than respondent's 2023 appraisal of $30M; assessment of available equity in respondent's properties establishes real risk of shortfall if only two properties suggested by respondent are sole; appropriate to immediately order sale of respondent's interest in two other properties which do not qualify for deferral conferred by "home of debtor" exemption under COEA; appropriate to order 4 month deferral of sale of principal residence prior to re-application; petitioner granted requests for exclusive conduct of sale and sale by realtor rather than sheriff via use of MLS service and subject to remuneration for realtor up to maximum of 7% of the first $100,000 and 2.5% of balance of sale price plus GST from gross sale proceeds.

REGULATION OF PROFESSIONS IN CANADA

Release No. 6, August 2026

What's New in This Update

This release includes updates to Appendix A - Recent Regulatory Developments and Appendix IF - Issues in Focus, as well as a new memo on Multi-Jurisdictional Regulation.

Highlights

Appendix A. Recent Regulatory Developments—§ A:12. Nurses--Ontario Moves to a Single Classification for Nurse Practitioners - Effective July 1, 2026, the College of Nurses of Ontario moved to a single Nurse Practitioner (NP) classification, removing the previous population-specific registration certificates. These certificates were based on the population they were authorized to treat, such as Adult, Pediatric, and Primary Health Care. Current NPs automatically transition to the single classification, and CNO states that no additional education, examinations, or training are required for the transition. The change aligns with a national initiative led by the Canadian Council of Registered Nurse Regulators to streamline NP regulation across provinces and territories. Additional information is available at: https://www.cno.org/standards-learning/nurse-practitioners/a-single-classification-of-nurse-practitioners-nps.

Appendix IF. Issues in Focus Currency Updates

  • § IF:5. The regulation of professions and Section 7 of the Canadian Charter of Rights and Freedoms
  • § IF:6. The regulation of professions and Section 8 of the Canadian Charter of Rights and Freedoms

CANADIAN DIVORCE LAW AND PRACTICE

Release no. 8, September 2026

Highlights

Appendix L: Spousal Support Quantums: Spousal Support Under the Divorce Act and Provincial Statutes—new digests added to the following jurisdictions: Alberta, British Columbia, Manitoba, New Brunswick, Newfoundland and Labrador, Northwest territories, Nova Scotia, Ontario, Saskatchewan, and Yukon.

Appendix WP. Words and Phrases—updated to include: § WP:172. EFFECTIVE NOTICE— Effective notice is the date the recipient first raises this with the other party the subject of a change in child support, that is: SCP v. LWHZL (2025), 2025 CarswellYukon 119, 2025 YKSC 83, S.M. Duncan C.J.S.C. at para 22.


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.

Blog Round-up – September 2026

A monthly round-up of blog posts from the Manitoba legal community for the month of September 2026

Desautels Business Law Accelerator Blog

Fillmore Riley

MLT Aikins

Robson Crim Legal Blog

Taylor McCaffrey

New King’s Bench Practice Direction- September 15, 2026

Detention Review Hearings under Section 520 and 525 of the Criminal Code

On May 5, 2026, the Court of King’s Bench issued a Practice Direction providing for the presumptive remote appearance of accused who are in custody at a Provincial Correctional Centre at detention review hearings under sections 520 and 525 of the Criminal Code unless counsel advise at least five full business days prior to the scheduled hearing date that the accused is to appear at the hearing in person. Since becoming effective on September 8, 2026, the Court has had requests for the accused to appear in person for the purpose of having the accused sign their supporting affidavit with the required administration of oath or affirmation.

The Criminal Proceedings Rules of the Manitoba Court of King’s Bench, SI/2016-34 (Canada) provide as follows:
Affidavit of applicant in custody
9.03 (4) When the applicant is in custody, the registrar may accept the applicant’s unsworn affidavit for filing if
…
(b) the applicant is to appear at the judicial interim release hearing by video link and the truth of the contents of the unsworn affidavit is to be confirmed by the accused to be true at the hearing.

Accordingly, instead of requesting the transportation of the accused, subject to a direction otherwise by the presiding judge, an available option is for the accused when they appear by video in the courtroom to then confirm the truth of the contents of their affidavit.

See here for all King’s Bench notices and practice directions

New King’s Bench Practice Direction

September 3, 2026 - Consent Variations to Judicial Interim Release

Where an individual seeks a variation of an order for release issued by the Court of King’s Bench under s. 520, s. 521, s. 522 or s. 525 of the Criminal Code and the Crown consents to the variation, an application may be made in writing, without the necessity of a court appearance, using the attached form “Application to Vary by Consent” (see link: application_to_vary_by_consent.pdf). The form is to be completed by the applicant’s counsel or the applicant, if self-represented, and submitted to the Crown for consent. The form can then be submitted to the court. The judge may require a hearing if not satisfied on the basis of the form that a variation is appropriate. If the judge approves the variation, the applicant and any surety must attend the court office to sign the variation form before it becomes effective.

 

Coming into effect:
This Practice Direction comes into effect immediately.

See here for all King's Bench notices and practice directions

Blog Round-up – August 2026

A monthly round-up of blog posts from the Manitoba legal community for the month of August2026

Fillmore Riley

MLT Aikins

Robson Crim Legal Blog

Taylor McCaffrey

TDS law