Journals Update

by | Dec 15, 2021 | Journals

The latest issues of these journals are out and available for members. PDF copies of these articles are available upon request following copyright fair use guidelines. Contact us at library@lawsociety.mb.ca for more information.

Estates Trusts & Pensions Journal

From the Law Reports
  • Identity and Cy-prés: Galloway Estate v. B.C. SPCA – A comment
    Donavan Waters
  • Calmusky v. Calmusky: A Novel Application of the Presumption of Resulting Trust or an Outlier?
    Lisa Filgiano
  • No Accounting Ordered for Inter Vivos Gifts by Competent Testator: Duhn Estate
    Nora Christianson Fien
  • Nova Scotia (Attorney General) v. Lawen Estate: A Case Comment
    Jane Thomson
  • Sherman Estate v. Donovan: When is Privacy a Publicly Protectable Interest?
    David Young
  • Postscript from Québec
    Marilyn Piccini Roy
From the Legislature
  • Acknowledging Acknowledgments: Another Option?
    Ian Lebane
Articles
  • Exploring the Limits of an Attorney for Property’s Authority Under the Substitute Decisions Act, 1992
    Melanie Yach

Canadian Family Law Quarterly

  • Tax Efficient Solutions to Division of Corporate Property: Can The Court Order A Corporate Reorganization?
    40 C.F.L.Q. 49 Scott Booth
  • Ontario’s Family Law Limited Scope Services Project: Rhetoric and Realities of the Family Bar Addressing Access to Justice Challenges
    40 C.F.L.Q. 1 Rachel Birnbaum; Nicholas Bala
  • Focused Hearings
    40 C.F.L.Q. 87 Justice Stanley Sherr
  • Retroactive Support After Colucci
    40 C.F.L.Q. 61 Rollie Thompson

National Journal of Constitutional Law

  • A Question of Law: (Formal) Declarations of Invalidity and the Doctrine of Stare Decisis
    42 Nat’l J. Const. L. 1 Alexandre Marcotte
  • The Effect of Declarations of Unconstitutionality in Canada
    42 Nat’l J. Const. L. 25 Paul Daly, Jeremy Opolsky, Jake Babad, Julie Lowenstein
  • La Temporalité des Jugements D’Inconstitutionnalité des Lois au Canada: Ce que L’on Dit Être Leur Rétroactivité
    42 Nat’l J. Const. L. 63 Danielle Pinard

McGill Law Journal

  • Domestic Contracts and Family Law Exceptionalism: An Historical Perspective
    66 McGill L.J. 303 Luke Taylor
  • Religious Challenges to Anti-Discrimination Law: The Mobilization of the “Minority Label” 
    66 McGill L.J. 377 Léa Brière-Godbout, Marie-Andrée Plante
  • Creative and Responsive Advocacy for Reconciliation: The Application of Gladue Principles in Administrative Lawl
    66 McGill L.J. 337 Andrew Flavelle Martin
  • L’indépendance du Québec et le Choix Autochtone de la Continuité Canadienne
    66 McGill L.J. 253 Ghislain Otis, Aurélie Laurent

Court of Appeal Notice – Protocol for Articling Students

by | Dec 13, 2021 | Court of Appeal

The Court of Appeal has released a new notice to the profession that articling students-at-law are no longer permitted to appear as counsel to argue a substantive appeal. An articling student may appear in a chambers matter where the presiding chambers judge grants permission. See below for the full notice.

December 8, 2021 – Protocol on Articling Students appearing in the Manitoba Court of Appeal

See here for all Court of Appeal Notices.

Blog Round-up November 2021

by | Dec 10, 2021 | Blogs, Current Awareness

A round-up of blog posts from the Manitoba legal community in November 2021

Clarke Immigration Law
Matthew Gould Blog (Criminal Law)
MLT Aikins
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Pitblado Law Blog
  • Pitblado wins at the Supreme Court November 29, 2021 – “The Supreme Court rules that an employment discrimination dispute involving a unionized worker should be settled by a labour arbitrator appointed under the collective agreement, not by a human rights adjudicator.”
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TDS law
  • Top 10 Employment Law Basics December 3, 2021
  • Misgendering Employees Can Result In Damages Against Employers November 23, 2021 – “Two recent decisions of Human Rights Tribunals in Ontario (EN v Gallagher’s Bar and Lounge, 2021 HRTO 240) and British Columbia (Nelson v Goodberry Restaurant Group Ltd. dba Buono Osteria and others, 2021 BCHRT 137) highlight the importance of employers respecting the preferred pronouns of their employees, and the potential consequences should an employer fail to show such respect.”
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#Clawbies2021 Time!

by | Dec 8, 2021 | Commentary, Legal Publishing, Legal Research

Don’t believe this is a real thing?

It’s that time of the year again – time to nominate your favourite legal blog, podcast, newsletter, or whatever! I can’t believe this has been going on for 16 years – where does the time go??

Nothing fancy about the name of the Gardiner Roberts Litigation Blog – it is literally “Blog”, but don’t let that fool you. The content is substantive and well written, thoughtful legal analysis of recent cases in Ontario. Partners Stephen Thiele and James Cook have been publishing for a couple of years. Wish I had their ability to entice readers with their witty titles.

First Peoples Law hits the legal information trifecta: a blog, podcast AND a newsletter. I have been reading the newsletter (delivered every Sunday) for a few years and rely on it for authoritative national Indigenous content. More in-depth treatment is found on their blog.

For sheer entertainment value (at least to me), I have to include Above the Law‘s Thinking like a Lawyer podcast. The current “cast” of Joe Patrice, Kathryn Rubino and Chris Williams usually have me laughing at some point, either during “small talk” or wondering how Joe’s going to work in his latest ad read. Of course there are also serious topics discussed and, if you’re a Canadian lawyer, you are free to compare your bonuses to a top 100 U.S. law firm.

I look forward to other people’s nominations to add to my legal information sources!