Blog Round-Up May/June 2023

A bi-monthly round-up of blog posts from the Manitoba legal community for the months of May and June 2023

Brodsky Amy & Gould

Clarke Immigration Law

Fillmore Riley

“Joshua Rogala’s Criminal Defence Blog”

Matthew Gould Blog (Criminal Law)

MLT Aikins

see more

Robson Crim Legal Blog

see more

Taylor McCaffrey

TDS law

Together: a collaborative family law blog

 Winnipeg Divorce, Child Custody & Family Lawyer

New King’s Bench Practice Directives

June 25, 2023 – Filing of Application or Motion for a Publication Ban or Sealing Order – “Counsel must identify in their pre-trial, triage or case conference briefs whether a publication ban, sealing order or in-camera hearing will be sought and how the media will be advised of such an application.”

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.”

All King’s Bench Practice Directives and Notices can be found here.

New ‘Criminal Law Series’ Online Platform

Our collection of Emond’s Criminal Law Series has moved to it’s new home on the digital VitalSource platform. These eBooks are still available through the Library Resources section of the Member’s Portal, but they have been improved with a new reader interface.

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.

New Journals Update

journal cover

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:


  • “A paradigm shift in the protection and representation of vulnerable persons in Quebec” Lauren Flam 259


  • “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

Legislative Update – June 2


The House adjourned June 1, 2023.

Amendments to the Provincial Offences Act plans to improve and streamline enforcement of First Nations laws and bylaws. May 23, 2023 – “Proposed changes would allow First Nations to enforce bylaws and gather fine revenue through a simplified process, which would allow charges to be laid using tickets. The changes would also provide additional enforcement options for First Nations to collect unpaid fines.”

Manitoba government announces new Judicial Justice of the Peace, Monique J.M. Maynard, appointed to provincial court. May 30, 2023 – “Maynard was selected from a list of candidates by a committee chaired by Chief Judge Margaret Wiebe in accordance with provisions of the Provincial Court Act. She will replace retired judicial justice of the peace Boyd Lischenski.”

Fifth Session, 42nd Legislature

Government Bills

In Committee

  • 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.

2nd Reading


Private Bills


2nd Reading

For the status of all current bills click here.


41/2023Complaint Form Regulation, repeal15 May 202315 May 2023
42/2023Exemption (Child and Family Services) Regulation, amendment17 May 202317 May 2023
43/2023Critical Incident Reporting Regulation, amendment19 May 202319 May 2023
44/2023Serious Injury Reporting Regulation19 May 202319 May 2023
45/2023Practice of Registered Nursing Regulation, amendment19 May 202319 May 2023
46/2023Park Reserves Designation Regulation, amendment19 May 202319 May 2023
47/2023Electronic Documents under Designated Laws Regulation, amendment19 May 202319 May 2023
48/2023Victims’ Rights Regulation, amendment23 May 202323 May 2023
49/2023Aquatic Invasive Species Regulation, amendment25 May 202325 May 2023
50/2023Family Law Regulation26 May 202326 May 2023
51/2023Support Enforcement Regulation26 May 202326 May 2023
52/2023Manitoba Child Support Guidelines Regulation26 May 202326 May 2023
53/2023Inter-jurisdictional Support Orders Regulation, amendment26 May 202326 May 2023
54/2023Child Support Service Regulation, amendment26 May 202326 May 2023
55/2023Prosthetic, Orthotic and other Medical Devices Insurance Regulation, amendment26 May 202326 May 2023

The library will be closed from 11:00 a.m. to 5:00 p.m on Friday, September 29. After hours service for the legal profession can resume at 5:00 p.m.