The Great Library will be closed on Monday, February 17th for Louis Riel Day.
Normal hours will resume on Tuesday, Februrary 18th.
After hours access is available for lawyers by showing their Fast Track card and signing in at the security desk at the Kennedy Street staff entrance. After hours access is 4:30 – 10:00 p.m. Monday to Friday, and 10:00 a.m. – 5:00 p.m. on weekends and statutory holidays.
Information Session –
Open Invitation
Thurs. February 20, 2020
12:00 noon
The policy work of the Law Society is conducted by both benchers and committee members. If you are interested in learning about this work, volunteering for a committee or running/applying to be a bencher, please join us for a light lunch in the Law Society classroom on February 20, 2020 at 12:00 noon.
To help us accommodate the number of attendees, please
RSVP your interest in attending to ekinchen@lawsociety.mb.ca
If you have any questions in advance, please contact any one of the following:
Kristin Dangerfield
Chief Executive Officer
204-926-2013
kdangerfield@lawsociety.mb.ca
Leah Kosokowsky
Director – Regulation
204-926-2030
lkosokowsky@lawsociety.mb.ca
Anita Southall
President
204-957-8303
alsouthall@fillmoreriley.com
Lynda Troup
Vice President
204-934-2337
lkt@tdslaw.com
Kathy Bueti
Past President
204-989-0084
kathybueti@bwwlaw.ca
The Manitoba Law Library, in partnership with the Law Society, Dept. of Justice and others, and funded by a grant from the Manitoba Law Foundation, is piloting a legal information program in the Winnipeg courthouse.
The goal of the project is to provide information and assistance to members of the public who are struggling with dealing with the courts. Representation without legal counsel is difficult and challenging, particularly when trying to follow the rules and procedures that the legal system requires, and puts extra pressure on judges and parties who are represented. Additional assistance for self-represented litigants is important in order to increase fairness and access to justice.
Under the supervision of a practising lawyer, law students will be available to provide assistance on a drop-in basis in the Great Library on Monday afternoons and Wednesday mornings. At times when in-person assistance is not available, the public will still be invited to use the ante room at the front of the library during regular library hours, and there will be a computer available for legal research.
As part of the pilot project, data will be collected on the types of problems people are encountering and the number of people the Hub assists. The pilot will start Monday, February 10th and last four months.
This week’s decision comes from Alberta – Alberta Securities Commission v. Hennig, 2020 ABQB 48.
[1] This is an application by the Alberta Securities Commission for a declaration that an administrative penalty levied against Theodor Hennig survives his discharge as a bankrupt pursuant to subsections 178(1)(a), (d) and (e) of the Bankruptcy and Insolvency Act, R.S. 1985, c B-3. The administrative penalty arose from the findings of a panel of the Securities Commission that Mr. Hennig was responsible for misrepresentations in the financial statements of a public company of which he was a director and officer, that he obtained financial benefits as a result of non-disclosure of material facts, that he participated in market manipulation which resulted in artificial prices for another company, and that he made ongoing misrepresentations to Commission staff, all contrary to the public interest.2020 ABQB 48
This decision analyses the meaning of the term “offence” as used in s. 178(1)(a) of the BIA and whether it includes administrative penalties ordered by the securities commission. Justice Romaine found that:
81] The Applicant is entitled to the following relief:
a) a declaration that the judgment arising from the administrative penalty survives Mr. Hennig’s bankruptcy pursuant to subsection 178(1)(e) of the BIA;
b) a direction requiring Mr. Hennig to show cause why a new judgment should not be granted as against him; and
c) an order renewing the judgment for a period of ten years, and granting the Alberta Securities Commission a new judgment against Mr. Hennig pursuant to Rule 9.21 of the Alberta Rules of Court for the amounts remaining due and unpaid on the judgment.
Further commentary is available from this article from The Lawyers Daily.
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.
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