We have received a number of new titles to add to our print collection. Although the library is not open quite yet, we can still arrange for loans for any of these new items. Email us for more info at library@lawsociety.mb.ca.
A Guide to Mental Disorder Law in Canadian Criminal Justice, by Michael Davies, Anita Szigeti, Meaghan McMahon, and Jill R. Presser “This authoritative text on mental disorder matters in Canadian criminal justice will assist counsel in all such proceedings. The volume sets out the applicable law and provides practical advice on mental disorder cases. It is a comprehensive guide to criminal litigation involving vulnerable accused persons who may be unfit to stand trial, considering whether to seek a verdict of “Not Criminally Responsible” and navigating through the complex provisions within Part XX.1, the Mental Disorder Provisions of the Code.“
Lawyer’s Professional Liability — 4th ed. by Stephen Grant, Linda Rothstein, and John Adair “This essential resource offers practical guidance for avoiding legal malpractice claims and is particularly relevant for any lawyer involved in adjudicating, litigating or settling legal malpractice suits. Now in its fourth edition, this reference volume features the latest jurisprudence and updated content to reflect the current state of lawyers’ professional liability, making it a vital addition to every lawyer’s bookshelf.”
General Principles of Canadian Insurance Law — 3rd ed. by Barbara Billingsley
Whether you are preparing and arguing insurance cases in court, assessing the enforceability of an insurance contract, or advising clients about their insurance contracts – General Principles of Canadian Insurance Law, 3rd Edition provides the straightforward analysis and valuable insight you need to be at your most effective. This comprehensive publication focuses exclusively on Canadian insurance law general principles, and is now fully updated to take into account the latest developments in case law and insurance regulation.
A Guide to Canadian Money-Laundering Legislation — 6th ed. by Suhuyini Abudulai “As an active participant in international efforts to combat money laundering and terrorist financing activity, Canada has continued to revise its legislation to enhance the country’s capacity to protect its financial system and to meet international standards.
Now in its Sixth Edition, this legal reference is updated by Suhuyini Abudulai to keep you abreast of the latest amendments to the Proceeds of Crime (Money Laundering) and Terrorist Financing Act and its associated regulations.”
Judicial Review of Immigration Decisions by Lorne Waldman “Unlike other applicants, those looking for judicial review of such decisions have to clear the additional hurdle of seeking leave to commence their application. Judicial Review of Immigration Decisions offers expert insight and practical advice on every step of the judicial review process – from filing the initial motion for leave to appealing a decision of the Federal Court of Appeal. In addition, this text provides detailed interpretation of the applicable Federal Courts Citizenship, Immigration and Refugee Protection Rules, as well as in-depth analysis of the relevant jurisprudence.”
Nathan and Goldfarb’s Company Meetings for Share Capital — 12th ed. by Hartley R. Nathan, and Clifford S. Goldfarb
“Now in its 12th edition, the newly retitled Nathan & Goldfarb’s Company Meetings for Share Capital and Non-Share Capital Corporations discusses the rules of procedure specific to meetings of directors, shareholders, and members for share capital and non-share capital corporations.”
Lawyers are taught to take detailed notes. Every conversation with a client, whether in person or by telephone, or written in a document or email, is recorded in order to back up actions taken and matters billed. It’s what you turn to when your client says “I didn’t tell you to do that” and you face a complaint.
Recent estates litigation in Ontario turned on the exemplary note taking of Solicitor Barry Smith. As noted by Gans, J.:
[32] I digress to make one observation. Smith, who had been Helen’s, if not Eugene’s, solicitor for at least 7 years by the Spring of 2011, would best be described as an ‘old-school’ solicitor. He was not only a generalist, who made ‘house calls’, but was a man who was involved or involved himself with every aspect of a client’s affairs. He made copious notes to file, which I found to be unassailable in terms of providing me with the details of the events as they unfolded during the Spring and into the Summer of 2011.
This case involved all the usual suspects: a large estate, a testator recently diagnosed with Alzheimer’s, a power of attorney clash, and undisclosed codicils. But it was the note-taking by Mr. Smith that persuaded the judge that Mrs. Kates was competent.
When reading Kates Estate, 2020 ONSC 7046, don’t ignore the footnotes. There are some very interesting comments there as well.
Sometimes an article can be very tricky to track down. It might be from an obscure journal, or maybe from something old enough that no one carries it any more. That may require tracking down a print version hidden away in some library’s archives, but sometimes some creative searching online can provide surprising results.
Limit where you look
Sometimes too much is just as bad as not enough. If you find yourself searching for an article title on a web search engine you may get hundreds or thousands of results. Most of us will scan the first page, and maybe the second, but are quick to give up after that.
A lot of the time, articles will be published as a PDF, so limit your search to that file format by either using the advanced search function
Or use the limiter “filetype” in the search field.
Change where you are looking
Most articles are often published as part of a journal. That means you might limit your search to libraries or sites that have access to that publication. If you separate the article from the journal, you can look in unusual places that have already uploaded or published that article separate from its original publication.
When you browse the search results, try looking at academic websites. Again, you can use the advanced search, or use the limiter “site:” and limit to academic domains such as “.edu.” Sometimes universities publish their syllabi online and will link to any reading or documents for a course. Often they link to paywall sources, but it’s worth a look because when there is no online resource the organization may upload the document itself, or provide alternative sites.
Let someone do the looking for you
Those alternative sites may lead you to sites that may have already compiled or collected documents and journals you are looking for. If I haven’t found the specific article I am looking for, I may try to search by journal issue or volume. Article titles aren’t always indexed so once you’ve narrowed your search, you can widen it again when you’ve found a resource that is more specific to your interest.
There are a few popular sites like SSRN, but I am always stumbling upon other sites that provide other avenues of searching. These can often be open-access, but they may also have a soft paywall that requires signing up, or using a free trial.
Look out
The internet is an amazing resource but just like every other tool, it can be used to harm as well. A lot of sites use your google search to create a link that may look like exactly what you are looking for but may contain a virus or spam. Be careful what you are downloading. Watch for unusual file types such as .exe or suspicious looking sites.
As an information professional I am an advocate for open information, but I am always mindful of copyright restrictions. Fair use allows some leeway when sharing articles and texts, but it may not always be clear where that leeway ends.
Some sites such as Sci-Hub might be a bit of a grey area, and I tend to err on the side of caution, so use reputable sites as much as you can.
Bonus tip
One piece of advice I haven’t used much but is worth a shot is contacting the author directly. Some authors will provide their articles for free upon request. So if they are a contemporary author, try giving them a search on LinkedIn or at their organization.
Of course sometimes no matter how hard you look, you just can’t find what you are looking for. Sometimes you need a fresh pair of eyes. Even if you try thinking outside the box, everyone has their own way of looking at things. So ask someone else to give it a gander, they may be able to see things from a different perspective. They can be colleagues, or professional listservs, or even your friendly library.
The latest edition of Estates,Trusts & Pensions Journal has arrived and is now available for loan.
The current issue, Volume 40 Number 1, December 2020 includes:
FROM THE LAW REPORTS
The “Wrong” of Survivorship: A (Very Late) Comment on Pecore v. Pecore by Joel Nikitman
The (Ir)revocable Right of Survivorship by Peter Roy Cotton and Calvin Hancock
Unhappy Families — Kent Case Commentary by Clay Fernandes and Diane Harbin
ARTICLES
Up the Creek Without a Paddle: The Law Relating to Unincorporated Associations by Natasha Smith and Katrina Kairys
Considering Indigenous Trust Investments through the Lens of Two-Eyed Seeing by Frankie Young
Saskatchewan’s Approach to Costs in Estate Litigation by Beaty F. Beaubier and Christine Libner
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 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.
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