New Online Titles

These titles have been newly added to our online collection on DesLibris which is available behind the Member’s Portal:

The Law of Torts – 6th edition by Philip H. Osborne
“The sixth edition explores current trends in judicial decision-making by incorporating significant developments in the law, including a discussion of Supreme Court decisions in the areas of psychiatric injury in negligence law, the scope of the duty of care in negligent misrepresentation, and the role of intervening causes in negligence litigation. The text also discusses new initiatives in the areas of privacy, the responsibility of lawyers who refer their clients to other professionals, human trafficking, and anti-SLAPP legislation.”

International and Transnational Criminal Law – 3rd edition by Robert J. Currie and Joseph Rikhof
“This third edition updates caselaw and international practice from Canada, including substantial revisions relating to the prosecution of cross-border crimes. It also combines examinations of international courts and tribunals, transnational criminal law treaties, and recent literature to provide a unique perspective on these two international law disciplines that, while best viewed as separate, retain a common heritage and some overlapping concepts and applications.”

The Canadian Class Action Review, Vol. 15, No. 2

  • Introduction, Harvey T Strosberg
  • Linking Societal Injustice and Legalization: Potential of Canadian Class Actions in Addressing International Human Rights Violations Committed by Canadian Corporations Abroad, Terra Duchene
  • Class Actions, Climate Change, and the Charter: Is Success Possible in Common Law Canada?, Eliza Lynn Brown
  • Public Health Inquiries and the Class Action Fall-Out, Barry Glaspell
  • L’oratoire Saint-Joseph Du Mont-Royal V JJ and the Growing Complexity of Quebec’s Authorization Criteria, Shaun E Finn
  • If It Ain’t Broke, Don’t Fix It; If You’re Not Sure, Measure Again: Strengthening the Imperfect Mechanics of Class Authorization, Patrick Visintini
  • Crown Immunity in Class Proceedings: The Injustice of Barring Institutional Historical Abuse Claims, Emily Leduc Gagné

Find these books and many more on DesLibris. If you require assistance please contact us at library@lawsociety.mb.ca or check out our library guide on DesLibris here.

Reopening the Library

When the government of Manitoba declared an emergency several weeks ago, we closed the Great Library and began working from home. Surprisingly, or not, we’ve been able to do an amazing amount of work using electronic sources. What we haven’t been able to offer is temporary office space for lawyers while in the courthouse.

Planning to reopen the library is a challenge. It’s a semi-public space with a lot of high-touch surfaces. We have to keep staff safe as well as our clients. Any print materials must be quarantined before someone else can touch them. All people entering will have to ensure they are healthy, sanitize their hands at the entrance, and limit the amount of movement they do in the library.

We hope to have our plan in place to reopen on May 25th with limited access to lawyers and the judiciary only. Stay tuned!

New Notice to the Profession – Queen’s Bench Masters, Re: COVID-19 Notice to The Profession Procedural Update May 11, 2020

A new notice has been posted here that addresses changes to the previous notices of March 17, April 7, and April 24.

“all currently scheduled civil and family motions, and references set to proceed before the masters on or after May 25, 2020, will proceed, remotely wherever possible…”

The notice also notes changes that:

  • Child Protection Dockets are gradually moving back from the suspension of the 60 day docket rule.
  • Regular masters’ uncontested lists will resume daily operation effective Tuesday May 19, 2020, for previously adjourned motions, and May 25, 2020, for new motions. This changes the April 24, 2020 notice which was to be in effect until May 25, 2020.
  • Commencing the week of May 11, 2020, matters which were previously adjourned through and including May 22, can be scheduled to appear returnable on the masters’ daily uncontested lists which will resume Tuesday, May 19, 2020.
  • Bankruptcy dockets will resume after May 25, 2020, proceeding remotely with allowance for the trustee’s representative to appear in person.
  • With the exception of any scheduled viva voce reference hearings that had been adjourned, all adjourned matters, including hearings for directions, may be rescheduled to proceed remotely.

Special notes and modifications for Brandon Centre as well as the Dauphin, Portage la Prairie, and Morden Centres are also given.

To see all notices and directives regarding changes due to COVID-19 see the Manitoba Courts page here.

Latest Law Journal Issues

New issues of the following journals are now available through WestlawNext Canada. If you would like to read any of these articles, or if you are interested in any other publications we offer, please contact us for assistance at library@lawsociety.mb.ca.

Journal of the Canadian College of Construction Lawyers 2020

  • Black Spot or Big Chill: Consequences of J. Cote v. Burnaby
  • How Ontario’s Limitations Act Preserves Construction Project Claims
  • Municipal Power to Discriminate: The Impact of Shell Canada Products v. Vancouver (City) on Public Procurement
  • One Person, Two Hats–The Dilemma of the Design Professional
  • Consolidation of Adjudications under Ontario’s New Construction Act (The “Act”)
  • Canadian Construction Law Reform: A Survey of Recent Developments in Builders Liens, Prompt Payment, Interim Adjudication and Mandatory Construction Bonding

Canadian Family Law Quarterly 2020 Volume 39

  • The Cost of Shared Parenting: An Analysis of Section 9 from 2016 to 2017
  • Bill C-78: The 2020 Reforms to the Parenting Provisions of Canada’s Divorce Act
  • Virtual Parent-Child Contact Post-Separation: Hearing from Multiple Perspectives on the Risks and Rewards
  • Case Comment: Undermining Children’s Rights in A.M. v. C.H.

Criminal Law Quarterly 2020 Volume 86 no. 1

  • Good Judgment: Three Case Studies
  • Compassionate Adjudication
  • Why a New Approach to Privacy Rights and Section 8 of the Chapter Is Required in the Cyber Age and What It Could Look Like
  • Taking the Cryptic out of Cryptocurrency Investigations
  • The Knowledge and Beliefs of Jurors and Non-Jurors Concerning the Fallibility of Memory: Is this Information Common Knowledge?

Saskatchewan Law Review Volume 82 (Also available on CanLII.org)

  • Diefenbaker’s Bill of Rights and the “Counter-Majoritarian Difficulty”: The Notwithstanding Clause and Fundamental Justice as Touchstones for the Charter Debate
  • Climate Change, Constitutions, and Courts: The Reference Re Greenhouse Gas Pollution Pricing Act and Beyond
  • Federalism, Subsidiarity, and Carbon Taxes
  • Federalism and Farm Debt During the Great Depression: Political Impetuses for The Farmers’ Creditors Arrangement Act, 1934
  • Book reviews of:
    • Enforcing Exclusions: Precarious Migrants and the Law in Canada by Sarah Grayce Marsden.
    • A Conviction in Question: The First Trial at the International Criminal Court by Jim Freedman.
    • Health Care and the Charter: Legal Mobilization and Policy Change in Canada by Christopher P. Manfredi and Antonia Maioni.
    • The Charter Debates: The Special Joint Committee on the Constitution, 1980-81, and the Making of the Canadian Charter of Rights and Freedoms edited by Adam M. Dodek.
    • Putting Trials on Trial: Sexual Assault and the Failure of the Legal Profession by Elaine Craig.
    • Who Controls the Hunt? First Nations, Treaty Rights and Wildlife Conservation in Ontario, 1783-1939 by David Calverley.
    • First Peoples Law: Essays on Canadian Law and Decolonization by Bruce McIvor, 3d ed.
    • Drug-Impaired Driving in Canada by Nathan Baker.
    • Victimology: A Canadian Perspective by Jo-Anne M. Wemmers.
    • Assisted Reproduction Policy in Canada: Framing, Federalism, and Failure by Dave Snow.

Windsor Yearbook of Access to Justice Volume 36 (Also available on CanLII.org)

  • Introduction – Corporate Social Responsibility Viewed Recently
  • Green Illusions: Governing CSR Aesthetics
  • Dominium and the Empire of Laws
  • The Impact of Whistleblowing Awards Programs on Corporate Governance
  • The Global Social Enterprise Lawmaking Phenomenon: State Initiatives on Purpose, Capital, and Taxation

New Queen’s Bench Notice to the Profession

UPDATE: The period starts May 25th, not May 26th.

A new notice regarding the scheduling of trials due to loosening COVID-19 restrictions has been posted. This notice confirms that”all currently-scheduled criminal, civil, family and child protection trials in the Court of Queen’s Bench for the period from May 26 to the end of June 2020, will proceed.”

The March 13, 2020 Media Notice regarding access to the Law Courts is still in effect and should be consulted when attending. That notice has been attached for reference.

It also notes that: “the scheduling and hearing of pre-trials, case management meetings, case conferences, motions and JADRs will continue and, accordingly, all those services will proceed remotely by teleconference or videoconference.”

Additionally, “as of May 11, 2020, the approach for having an emergency or urgent matter heard will return to the former and longstanding process by which a request must be made to the motions coordinator.” Includes clarifications as to how it relates to the Family division.

Click here to see the full notice.

PLEASE NOTE: The Manitoba Law Library will be closed Monday, September 30th, 2024 for the National Day for Truth and Reconciliation.  Regular library service will resume Tuesday, October 1st, 2024 at 8:30AM.