This decision deserves decision of the week status for its lengthy and exhaustive analysis of the Torrens system. Beard, J.A.’s analysis included resulting trusts and indefeasibility of title, the origins and goals of the Torrens system, both here and in Australasia where it originated, and the interplay between indefeasibility and trusts. The decision also cites a lengthy bibliiography of articles and texts that were consulted, written between 1859 and 2016.
[33] While there are decisions on the interpretation of indefeasibility legislation and its effect on the enforcement of unregistered claims, including resulting trust claims, against real property from the appellate courts in the other western provinces, those decisions have, in some instances, come to different conclusions. There is, to my knowledge, no decision on point from this Court. Given that there are some differences between the language used in the real property title registry legislation in the various jurisdictions, it is necessary to undertake a review of the origins and goals of the registry systems to determine the correct interpretation of the current legislation in Manitoba. As all of the western jurisdictions have land registry systems based on the Torrens system of land titles (the Torrens system), this analysis requires a review of the following: (a) the origins and goals of the Torrens system; (b) the interplay between the Torrens indefeasibility principle and trusts; and (c) Manitoba’s RPA, the effect of the indefeasibility provision and whether trusts can co-exist with indefeasibility.
Way back in May 2018, I wrote about a project out of Saskatchewan to create a database for researching Gladue principles. This resource was going to operate under a subscription model, but has just received funding to make it open access. Content is from Saskatchewan, however, researchers in other jurisdictions will likely find it a useful starting point. It would be even better if other jurisdictions found a way to add on to it.
On June 28, 2019, the Court of Queen’s Bench issued a practice direction to assist lawyers in transitioning to the Family Division Case Flow Model.
The New Family Division Case Flow Model (New FD Model) was designed so that pre-February 1, 2019 cases were transitioned into the new case flow with ease. The transition of these existing “old system” cases has, for the most part, gone relatively smoothly. However, there has been some confusion among judges, court staff, the Family Bar and the public on transitional issues. This memorandum has been prepared to offer some further guidance on best practices in transitional cases.
The Commission has released its final report on The Expropriation Act of Manitoba. The Commission makes 10 recommendations to improve and clarify certain areas of The Expropriation Act. The report forms part of a series entitled Creating Efficiencies in the Law, which seeks to address discrete, straightforward issues that, in the Commission’s view, can be improved with relatively simple legislative amendments. To see the full report click here. (From website)
The Courts Modernization Act (Various Acts Amended) (Part 1 and sections 6, 15, 19 and 26 to 29), SM 2019, c. 16 , effective July 1, 2019
The Family Law Modernization Act (Schedule C — The Arbitration Amendment Act (Family Law), whole Act except section 21; Schedule E — The Family Maintenance Amendment Act), SM 2019, c. 8, effective July 1, 2019
The Red Tape Reduction and Government Efficiency Act, 2018 (subsections 26(1) and (3) to (9) and section 37), SM 2018, c. 29, effective July 1, 2019
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