June 25, 2023 – Cases involving Statutory Interpretation– “In order to ensure that proper consideration is given to both the French and English versions of legislation where a case involves an issue of statutory interpretation, counsel or a self-represented litigant are to address in their related submissions whether there is discrepancy between the English and French versions. If there is discrepancy, this discrepancy is to be addressed in the submissions regarding the proper interpretation of the statutory provision(s) at issue in accordance with the approach outlined in 5185603 Manitoba Ltd et al v Government of Manitoba et al.”
June 25, 2023 – Tracking of Related Files – “In order to ensure that the judge hearing a matter is aware of related proceedings, counsel must provide information as to any related proceedings in their pre-trial, triage or case conference briefs. When filing a motion or application in a matter where there is a related proceeding, counsel must file a requisition asking that the related file be provided to the judge along with the file in which the motion or application is brought.”
June 25, 2023 – Use of Artificial Intelligence in Court Submissions– “…there are legitimate concerns about the reliability and accuracy of the information generated from the use of artificial intelligence. To address these concerns, when artificial intelligence has been used in the preparation of materials filed with the court, the materials must indicate how artificial intelligence was used.”
Simply log in to the portal and, in the library resources section, click on the Criminal Law Series image to get started.
When accessing the new platform, users may be greeted with a log in screen. Simply choose “Continue without an account” to gain access to the collection
Navigate over to the “Explore” tab to see the entire Emond’s Criminal Law Series. Click on a title and the “Open book” option to start reading. A helpful pop-up will appear to explain the icons and features available when reading.
Members can also register their own account to save bookmarks, annotations, and preferences, or download the app on desktop or mobile for offline reading.
The latest edition of Estates Trusts & Pensions Journal (Volume 42 Number 3) has arrived. Members can request pdf copies of articles, or borrow the print version.
This month’s contents:
FROM THE LAW REPORTS
“A paradigm shift in the protection and representation of vulnerable persons in Quebec” Lauren Flam 259
ARTICLES
“Is the Grass Always Greener in the Offshore Tax Haven? A Comparison of Offshore Trust Specific Anti-avoidance Rules
in Canada, the United States, the United Kingdom and France” Elizabeth Bozek 265
“Goodbye and Good Riddance to the Doctrines of “Fraud on a Power” and “The Entire Substratum”…Now if only we could figure out the “Proper Purpose” Rule” Joel Nitikmon 281
“The Impact of Alcohol on Testamentary Capacity (Installment Two — The Medical Picture and Practice Recommendations) Dr. Arlin Pachet, John E. S. Poyser, and Ryan H.K. Gorlick 329”
“Estate and Post-Mortem Tax Planning with Wills, Multiple Wills, and Alter Ego or Joint Partner Trusts” Wendy 0. Templeton 350
We also provide articles from other journals from Westlaw and Quicklaw upon request. Below are the journals with the latest contents. Click on the title for more information.
Intellectual Property Journal
“Balancing Freedom of Expression, Copyright, and Trademark Rights: Art or Science?”35 I.P.J. 141 Daniel R. Bereskin, C.M., K.C.
““Inducing” Copyright Infringement in Canada: Is It a Thing?” 35 I.P.J. 171 David Vaver
“Against Balancing” 35 I.P.J. 181 Norman Siebrasse
“Lessons from ArriveCAN: Access to Information and Justice During a Glitch” 35 I.P.J. 99 Matt Malone
Canadian College of Construction Lawyers
“Collaborative Solutions in Construction: Rising to the Challenges Facing International Construction” 2023 J. Can. C. Construction Law. 1 Professor Doug Jones, AO
“Privilege, Confidentiality and Related Concepts–A Discussion Paper to Help with Common Challenges” 2023 J. Can. C. Construction Law. 109 Gregory A.C. Moores, David A. Barry
“Considering Consideration: The Role of Fresh Consideration in Unilateral Amendments to Construction Contracts” 2023 J. Can. C. Construction Law. 75 Catriona M.L. Otto-Johnston, Elisa J. Stewart
“Construction Law in the Age of Vavilov” 2023 J. Can. C. Construction Law. 57 James D. MacNeil, Katie Short
“Why Hurry up and Wait: The Benefits and Risks of Employing a Pacing Strategy on a Construction Projects” 2023 J. Can. C. Construction Law. 23 Seema Lal
“Drastic Remedies for Drastic Problems: Frustration, Mistake, Misrepresentation, and Repudiatory Breach” 2023 J. Can. C. Construction Law. 39 Brian Samuels, K.C. , Stephanie McHugh
41 The Occupiers’ Liability Amendment Act – This Bill amends The Occupiers’ Liability Act. Notice of a personal injury claim related to snow or ice on private property must be given within 60 days after the injury occurred. The notice must be given to an occupier of the property or a contractor engaged to remove snow or ice on the property. Notice given to one of them is notice to everyone who may be subject to the claim. The 60-day notice period does not apply in cases of injuries resulting in death or if a court determines that there was a reasonable excuse for failing to comply and that the failure does not prejudice the defendant.
43 The Provincial Offences Amendment Act (2) – This Bill amends The Provincial Offences Act. It enables First Nations to have contraventions of their laws dealt with under The Provincial Offences Act, which allows charges to be laid using tickets and provides additional enforcement options to collect unpaid fines.
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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