New Product – American Law Institute Library

Effective April 1, 2019, the library is adding an additional resource to our HeinOnline collection. In addition to the Canada Core Library, we have added the American Law Institute Library.

The American Law Institute is the leading independent organization in the United States producing scholarly work to clarify, modernize, and otherwise improve the law.

The American Law Institute

Instructions on how to access this additional database are included behind the Members’ Portal under “Library Resources”.

Contents Update – Canadian Native Law Reporter

2018 – Volume 2 of the Canadian Native Law Reporter has arrived in the library.

Table of Contents

ICLR Weekly Case Law Update

Here’s the Weekly Case Law Update for February 11, 2019.

Decisions covering the following topics:

  • Civil Litigation
  • Commercial
  • Costs
  • Crime
  • Ecclesiastical
  • Employment
  • European Union
  • Family
  • Land Law
  • Public Law
  • Tax
  • Tort
  • Trusts and Chancery

If you are a member of the Law Society of Manitoba, and would like a copy of any of the decisions from the digest please contact the library and we will be  happy to provide those for you.

Decision of the Week

Costs awarded personally against counsel are a rare occasion. At 41 pages, R. v. Gowenlock, 2019 MBCA 5 is a detailed analysis of when it is appropriate to do so, and the amount that should be awarded. This was a decision of first impression and had the benefit of two intervenors, the Attorney General for Manitoba and the Criminal Defence Lawyers Association of Manitoba, as well as amicus curiae.

This appeal offers this Court the opportunity to provide certainty, clarity and guidance for the development and application of principles and procedures in regard to the costs-awarding rules. It is worth re-emphasising that the discretion to exercise the power to award costs against counsel personally must be exercised with restraint and that this is especially so in the criminal context. Courts must ensure that any costs award against defence counsel does not in any way affect the accused’s right to make full answer and defence. Courts must also be aware that unjustified non-compliance with valid court-ordered timelines causes delays and that these delays prejudice the accused and undermine public confidence in the criminal justice system.

Para. 88