Divorce Act Amendments – New QB Practice Directive

June 15, 2021 – Divorce Act Amendments – Pleadings

“A party is not required to amend a pleading filed prior to the amendments coming into
force on March 1, 2021, to obtain an order pursuant to the amended Divorce Act.”

See the full notice for clarification on the transitional provisions.

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

Keep up to date with Legal Newsletters – Environmental Law

In case you didn’t know, we offer nearly 40 digital newsletters in all areas of law. These newsletters are provided by LexisNexis and Westlaw from the latest available decisions.

Take a look at our guide for a list of newsletters, and send us an email to subscribe.

Spotlight: LexisNexis Environmental Law NetLetter

With recent issues involving implementing protections against cutting down old growth trees, and carbon tax pricing, it helps to stay informed of recent legal changes and challenges.

Updated monthly, this current awareness service provides comprehensive coverage of all significant new Canadian law court decisions and selected tribunal decisions on environmental law and related procedural issues (in English) added recently to Quicklaw.

Recent publications include topics on: environmental liability, conservation, environmental legislation, jurisdictional and constitutional issues.

If you would like to subscribe to this publication, please email library@lawsociety.mb.ca and we will gladly add you to the distribution list!

For further research check out Environmental Law 5th edition by Jamie Benidickson, Public Lands and Resources Law in Canada by Elaine L. Hughes, Arlene J. Kwasniak, Alastair R. Lucas available on desLibris, or the McGill Journal of Sustainable Development Law available on CanLII.

Provincial Court Suspensions, Restrictions, and Resumptions Update – Notice Extension

Notice #68 – Provincial Court of Manitoba – Further Suspension & Restriction of Hearings – June 8, 2021

Given the instability in the number of COVID cases confirmed in Manitoba, an extension to the current order has been placed. Further suspensions and modifications will take effect on Monday, June 14, 2021 and remain in place until Friday, June 25, 2021 or until further Notice is issued.

All Provincial Court notices regarding COVID-19 are available here.

Legislative Update

The House adjourned on June 1, 2021.

The 3rd Session of the 42nd Legislature will reconvene on Wednesday, October 6, 2021 at 1:30 p.m.

Third Session, Forty-Second Legislature

Private Bills

Introduced

Bill 234 The Consumer Protection Amendment Act (Right to Repair) – amends The Consumer Protection Act. A manufacturer must make the items necessary to maintain and repair its electronic products available to consumers and repair businesses at a reasonable price.

Bill 235 The Scrap Metal Recyclers Act – This Bill establishes The Scrap Metal Recyclers Act. A person must provide personal identification and the source of the scrap metal when they enter into a transaction with a scrap metal recycler. The recycler must keep the identifying information for five years and provide it to the police if required.

Bill 236 The Protecting Communications on Public Interest Matters Act (Court of Queen’s Bench Act and Defamation Act Amended) – amends The Court of Queen’s Bench Act. A defendant may file a motion to dismiss a court proceeding on the ground that the proceeding arose from a communication by the defendant on a matter of public interest. Unless ordered otherwise, the motion stays the court proceeding and any related administrative tribunal proceedings until the motion is decided.
This Bill also amends The Defamation Act. A defendant may rely on the common law defence of qualified privilege even when a communication has been published by the media.

Bill 237 The Elections Amendment Act – amends The Elections Act to require the disclosure of personal financial information by the leader of a political party for a 20-year period.

Bill 238The Apprenticeship and Certification Amendment Act (Apprenticeship Supervision) – amends The Apprenticeship and Certification Act. Currently, the number of apprentices a journeyperson may supervise is set by regulation. This Bill requires a 1 to 1 supervision ratio for most trades.


Check here for the current status of all bills.

Contents Update: Estates Trusts & Pensions Journal

The latest edition of Estates Trusts & Pensions Journal has arrived and is now available for loan.

Volume 40 Number 3

From the Legislature

Is an RESP a Trust?…And So What If It Is?
Kira Domratchev

Articles

Inter Viros versus Testamentary Undue Influence: Origins, Differences, and Recent Developments
Kimberly A. Whaley and John E.S. Poyser

Estate Trustee Compensation: Considerations When Advising Clients in the Estate Planning Interview.
Sara Beheshti

Scottish Trusts in the Common Law
Lionel Smith

If you would like a copy of any of these articles, please email library@lawsociety.mb.ca and we would be happy to provide a pdf version (subject to copyright regulations).

The library will be closed on Monday, August 5 for Terry Fox Day.