Holiday Closure

The library will be closed from December 26, 2022 to January 2, 2023. We will return to our regular office hours on Tuesday, January 3, 2023.


Wishing everyone a wonderful holiday season!

Manitoba Law Library team

New from the Court of Appeal

December 14, 2022 – Re:  Further Evidence Rule “As of January 1, 2023, amendments to Rule 21 of the Court of Appeal Rules, which governs motions to introduce further evidence on appeals, will be proclaimed into force.  

The amendments to the Rules will provide a more structured procedure for bringing new evidence motions. They will also address challenges parties face when the entirety of an appeal relies on the introduction of further evidence or when allegations of ineffective assistance of counsel are raised as a ground of appeal, which frequently involve motions to introduce further evidence. 

Manitoba Regulation 141/2022


December 14, 2022 – Re:  Allegation Of Ineffective Assistance Of Counsel ” This practice direction replaces the January 15, 2016 practice direction.  It applies to any appeal where the appellant raises as a ground of appeal that their counsel was ineffective or otherwise contributed to a miscarriage of justice in first instance.

In such cases, the appellant will often want to provide the Court with information concerning instructions to and conduct of counsel. This information will typically come before the Court by way of a motion for leave to file fresh evidence. Any response to such evidence will usually come from counsel in first instance or cross-examination of affidavit evidence by the responding party. The Court may also need to consider opposing affidavits from the respondent which the appellant may wish to cross-examine on. “


All Court of Appeal Notices and Practice Directions can be found on the Manitoba Courts website.

Legislative Update: Adjourned for Holiday Season

Government News Releases

Recent Bill Activity

The House adjourned on December 1, 2022. The 5th Session of the 42nd Legislature will reconvene on Wednesday, March 1, 2023 at 1:30 p.m.

Introduced

Government Bills

Private Members’ Bills

Passed

Government Bills

Public Bills

  • Bill 213 The Animal Care Amendment Act – ” This Bill amends The Animal Care Act to prohibit leaving a companion animal, such as a dog, in an unattended vehicle if the temperature in the vehicle is dangerously hot or cold for the animal. If the exterior temperature is more than 22 degrees C or less than -10 degrees C, it is presumed that the temperature inside the vehicle is dangerous for the animal. An officer is authorized to use force to enter a locked vehicle to remove an animal if they use the minimum necessary force, report the entry to an animal protection officer and remain with the animal until an animal protection officer arrives on the scene or provides instructions.” SM 2022, c. 54

See here for the current status of all bills.


An Ode to New Contract Law Texts

New additions to our contracts collection this month include an updated edition of a popular title as well as a new text on construction contracts. After reading through these texts you may wish to take a break from contract interpretations and construction with this article on HeinOnline from the New York University Law Review that has a collection of poems based on notable Contract Law cases, including ones like this about the famous Carlill v. Carbolic Smoke Ball Co. case

Fair notice is normally due
When the bargained-for action is through.
With the marvelous ball,
There’s no notice at all,
‘Til its purchaser catches the flu.

Douglass G. Boshkoff, “Selected Poems on the Law of Contracts” (1991) 66:5 NYU L Rev 1533.

For even more literary legal lyrics you can visit openparliament’s Haiku page which has a random generator created from Hansard records that follow the traditional 5/7/5 syllables pattern of a haiku.

New Titles

Law of Contracts — 8th Edition, by Stephen Waddams

The Law of Contracts is an essential element of Canadian contract law and is frequently cited by Canadian courts at all levels. With seven previous editions spanning over 40 years, Stephen Waddams’ The Law of Contracts has earned an esteemed place in Canadian jurisprudence. The Supreme Court of Canada and lower courts consider it as an authority and regularly turn to it for its sound analysis of the principles underlying the law.

This book contains an appraisal of relevant Supreme Court of Canada cases decided since the last edition, including recent cases on intention, interpretation, good faith, and unconscionability.

The Canadian Construction Contracts Guidebook, by Elliot Smith

The Canadian Construction Contracts Guidebook is a must-have for any person who is involved in a construction project in Canada, whether they be owners, contractors, consultants, subcontractors, material suppliers, lawyers, or insurance and surety advisor. It addresses issues from the perspective of how best to establish the contractual arrangement, as opposed to addressing contract administration issues or trying to resolve a dispute after it has arisen on a construction project.

The book also provides helpful context and a guide to understanding many of the issues faced in negotiating a construction contract. It provides practical suggestions and alternatives to addressing contract issues as well as sample clauses in respect of the issues that frequently arise in the negotiation of a construction contract.

Other Contract Law texts

For more resources check out the rest of our collection with these authoratative texts.

Digital/Online Texts

vLex – available through the Member’s Portal

The Law of Contracts — 2nd ed., John McCamus

Legislative Update 5th Session, 42nd Legislature

Government News Releases

Recent Bill Activity

Government Bills

Introduced

  • Bill 2  The Official Time Amendment Act – “amends The Official Time Act to discontinue the seasonal time change for daylight saving time.”
  • Bill 3 The Vital Statistics Amendment Act (Name Registration)   – “amends how a name may be expressed under The Vital Statistics Act. The letters, including marks above and below letters, and other typographical symbols permitted to be used in a name are set out in the Act, and additional ones may be set out in the regulations. The restriction on the number of names that may be included in a surname is removed. In accordance with a person’s traditional culture, a person may be registered under a single name instead of having both a given name and a surname. A registration that included a letter or typographical symbol that is now permitted is validated.”
  • Bill 4  The Minimum Wage Adjustment Act, 2022 (Employment Standards Code Amended) – “amends The Employment Standards Code to set the minimum wage at $14.15, effective April 1, 2023.”
  • Bill 5 The Demise of the Crown Act (Various Acts Amended) – mends several statutes to deal with the demise of the Crown. The chief legislative counsel is given a revision power to make changes to other Acts and regulations to reflect the change of sovereign.
  • Bill 6 The Manitoba Public Insurance Corporation Amendment Act – “makes several amendments to The Manitoba Public Insurance Corporation Act. The corporation is not required to pay benefits to a resident of a jurisdiction other than Manitoba if there is an interjurisdictional agreement that exempts the corporation from providing benefits to residents of that jurisdiction. Currently, an accident victim 65 years or older is entitled to an income replacement indemnity only if they are employed at the time of the accident. The entitlement is broadened to also apply if the victim has a job offer or a history of seasonal, casual or temporary employment.
    The corporation is authorized to pay funds in trust to a person to manage on behalf of a victim with impaired cognitive functioning, even if no formal committee or substitute decision maker has been appointed for the victim. The corporation’s ability to recover overpayments is strengthened.”

Public Bills

Introduced

  • Bill 200 The Black History Month Act (Commemoration of Days, Weeks and Months Act Amended) – “amends The Commemoration of Days, Weeks and Months Act. February of each year is proclaimed as Black History Month.”
  • Bill 201 The Residential Tenancies Amendment Act – “amends The Residential Tenancies Act. The Act currently establishes a process to set the maximum rent increase that may be charged for most rental units and allows landlords to apply for an order that authorizes rent increases above this amount. This Bill prevents landlords from applying for a larger rent increase unless the landlord has incurred eligible capital expenditures or there has been an extraordinary increase in taxes, utilities or security service costs. Larger rent increases cannot be charged until an order has been made that authorizes the increased rent. Landlords are prevented from removing or reducing rent discounts for one year after an application for a larger rent increase is made and from applying for a larger rent increase within one year after removing or reducing a rent discount.
  • Bill 202 The Abortion Protest Buffer Zone Act – ” establishes The Abortion Protest Buffer Zone Act. Access zones are created for clinics and facilities that provide abortion services and for service providers. Certain activities are prohibited within these zones. Certain activities are prohibited on school sites and within 50 metres of school sites.”
  • Bill 203 The Orange Shirt Day Statutory Holiday Act (Various Acts Amended) – “This Bill recognizes Orange Shirt Day, September 30, as a provincial statutory holiday for the purposes of The Employment Standards Code and The Interpretation Act.”
  • Bill 204 The Drivers and Vehicles Amendment Act (Licence Plates for MMIWG2S Awareness) – “amends The Drivers and Vehicles Act. It permits an organization to apply to the Registrar of Motor Vehicles to make a licence plate available that includes the abbreviation “MMIWG2S”, meaning missing and murdered Indigenous women, girls and two-spirit people. The plate must also bear a graphic depicting a red hand or a red dress.”
  • Bill 205 The Restricting Mandatory Overtime for Nurses Act (Various Acts Amended) – “amends The Employment Standards Code to establish a separate overtime regime for nurses by January 1, 2024. Nurses are not obligated to work overtime in non-urgent circumstances. Amendments to The Licensed Practical Nurses Act and The Regulated Health Professions Act provide that a refusal by a nurse to work overtime in non-urgent circumstances does not constitute professional misconduct or breach the duty of care owed to their patient. This Bill also amends The Health Administration Act to require the minister to report twice a year to the Assembly about nurse position vacancies.”
  • Bill 206 The Louis Riel Act – “This Bill bestows the honorary title of “First Premier of Manitoba” on Louis Riel. The Bill requires the Manitoba education curriculum to include the significant contributions of Louis Riel.”
  • Bill 207 The Criminal Property Forfeiture Amendment Act – “This Bill amends The Criminal Property Forfeiture Act. Currently, money in the criminal property forfeiture fund may be used for programs operated by law enforcement agencies. The Bill enables the money to instead go to non-profit community organizations for social programs, such as affordable housing and restorative justice.”
  • Bill 208 The Protecting Youth in Sports Act – “establishes The Protecting Youth in Sports Act. A sports organization or association that receives government funding, a school division or an independent school must ensure that every coach; completes training in the prevention of sexual abuse, harassment, abuse and bullying in sport before commencing coaching youths; and undertakes not to host a young athlete in the coach’s home without prior permission of the athlete’s parent and, in the case of a student participating in an extra-curricular athletic activity, the principal of the student’s school.
  • Bill 209 The Manitoba Hydro Amendment Act (Referendum Before Privatization of Subsidiary) – “amends The Manitoba Hydro Act. Currently, the government may introduce a bill to privatize Manitoba Hydro only after a referendum has been held in which the majority of voters have approved the privatization. The amendment clarifies that the referendum requirement also applies to the privatization of any subsidiary of Manitoba Hydro.”

See here for the current status of all bills.


Regulations
NumberTitleRegistered Published
133/2022Lands Withdrawn from Prospecting Orders, amendment10 Nov. 202210 Nov. 2022
134/2022Impoundment of Vehicles Fees Regulation, amendment18 Nov. 202218 Nov. 2022
135/2022Wildlife Fees Regulation, amendment18 Nov. 202218 Nov. 2022

Regulations of Manitoba