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.
May 9, 2023 – Notice – Hearing of Civil Motions During Summer Court Session – During the summer court session from June 26 to September 1, 2023, the uncontested civil motions list will sit on Wednesdays and Fridays each week. Emergency matters during these days will first need to be placed on an uncontested list. Emergency matters outside those days can be arranged by contacting the Civil Motion Coordinator or, if unavailable, calling the court’s off-hours emergency number.
May 17, 2023 – Notice – Amendments to Court of King`s Bench Rules (Family) – Amendments to Rule 70 Family Division Amendments, Family Division Forms, as well as Rule 4.10(1) have been approved and will come into force upon proclamation of The Family Law Act and The Family Support Enforcement Act. The amendment to Rule 4.10 comes into force immediately. The full list of changes are in Manitoba Regulation numbers 37/2023 and 39/2023
Changes to King’s Bench Rules – New amendment to the rules dealing with family matters, as well as probate and estate matters, have been approved. See regulations 37/2023, 38/2023, and 39/2023 for full details.
Fifth Session, 42nd Legislature
Government Bills
Introduced
39 The Residential Tenancies Amendment Act (3) – amends The Residential Tenancies Act to list examples of information or evidence that the director may consider in an application to evict a tenant for unlawful activity.
40 The Combative Sports Amendment Act – This Bill expands the Commission’s mandate to include licensing and regulating amateur combative sports that the Lieutenant Governor in Council has designated.
233 The Chartered Professionals in Human Resources Act – “This Bill establishes The Chartered Professionals in Human Resources Act. Title reservation and self-governing authority are provided to members of the Chartered Professionals in Human Resources Manitoba.”
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.
Printing and Photocopying
If you need to use the library’s printing and photocopying services you will need to create an account. See us at the front desk for assistance.
Great LEXpectations RSS Feed