Contents Update: Estates Trusts & Pensions Journal

The latest edition of Estates Trusts & Pensions Journal has arrived and is now available for loan.

The current issue, Volume 39 Number 3, May 2020 includes:

From the Law Reports

  • The impact of the Act Respecting the Transfer of Securities and the Establishment of Security Entitlements in Determining the Validity of a Gift under Quebec Law: A Case Comment on Labis v. Labis, by Sharon G. Drucker

From the Legislatures

  • TOSI in the Realm of Trusts and Estates, by Trista Gallant

Articles

  • To Give or Not to Give? An Examination of Bequests in Lieu of Executor’s Compensation, by Jessica Feldman Chittley
  • Estates and Family Law Intersect: Separation from an Incapable Spouse, by Lorisa Stein and Marni M. K. Whitaker
  • Legal Issues Associated with Informal Public Appeals and Crowdfunding, by Johanna C.C. Caithness

If you would like a copy of any of these articles, please email library@lawsociety.mb.ca and we would be happy to provide them, subject to copyright regulations.

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

Journal Updates

New issues of the following journals are now available through WestlawNext Canada and Lexis Advance Quicklaw.
For members of the Law Society of Manitoba, 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.

From WestlawNext Canada:

Journal of Environmental Law and Practice, Vol. 33

  • Bill 4 and the Removal of Cap and Trade: A Case Study of Carbon Pricing, Climate Change Law and Public Participation in Ontario, Canada
  • Heidegger on Technology: Towards a Less-Anthropocentric, Multi-Disciplinary Legal Definition of “Sustainable”?
  • An Initial Evaluation of Canada’s New Sustainability-Based Impact Assessment Act

University of Toronto Law Journal, Vol. 70

  • Irit Samet, Equity: Conscience Goes to Market
  • The Patriation of Canadian Corporate Law
  • Institutions Protecting Constitutional Democracy: Some Conceptual and Methodological Preliminaries
  • Criminal Law in an Age of Mass Incarceration
  • Criminalization, Legal Moralism, and Abolition
  • Marriage, Work, and the Invention of Family Law in English Legal Thought

McGill Journal of Law and Health, Vol. 13

  • Physician Dismissal of Vaccine Refusers: A Legal and Ethical Analysis
  • Surgical Informed Consent and Recognizing a Perioperative Duty to Disclose in Transgender Health Care
  • Could Open Be the Yellow Brick Road to Innovation in Genomics in North America?
  • Le Parcours Judiciaire Des Victimes D’Insalubrité (Le Cas De La Moisissure)

University of Toronto Faculty of Law Review, Vol. 78

  • The Circumstances of Change: Understanding the Bedford/Carter Exceptions to Vertical Stare Decisis
  • Rumours of Corruption: Referrals from the World Bank Sanctions System to National Law Enforcement Authorities
  • Fixing the Odds: Designing Intelligent Loot Box Policy in the Canadian Context

 National Journal of Constitutional Law, Vol. 40

  • Telling Stories: The Crown, Parliament and Canada
  • Flexible and Cooperative Federalism: Distinguishing the Two Approaches in the Interpretation and Application of the Division of Powers
  • R. v. Comeau: Expert Evidence at Trial
  • Ontario’s Human Rights Tribunal Bungles the School Boards’ Human Rights Duty to Accommodate Students with Disabilities–J.F. v. Waterloo Catholic District School Board—An Erroneous Rejection of a Student’s Request to Bring His Autism Service Dog to School

Canadian Criminal Law Review, Vol. 25

  • The Shifting Focus of Canadian Impaired Driving Enforcement: The Increased Role of Provincialand Territorial Administrative Sanctions
  • At the Mercy of the Court: Canadian Sentencing Principles and the Concept of Mercy
  • Objective Fault, Strict Liability, and Javanmardi
  • R. c. Javanmardi ou la Simplicité Trompeuse

From Lexis Advance QuickLaw

Canadian Bar Review, Vol. 97 (also available on CanLII)

  • Shopkeeper’s Privilege: Coming to a Store Near You?, (2019) 97 Can Bar Rev 559 – 589
  • Predictive Coding: Adopting and Adapting Artificial Intelligence in Civil Litigation, (2019) 97 Can Bar Rev 486 – 525
  • A Trojan Horse: Can Indian Self-Government be Promoted Through the Indian Act?, (2019) 97 Can Bar Rev 697 – 720
  • Reconciliation and Ethical Lawyering: Some Thoughts on Cultural Competence, (2019) 97 Can Bar Rev 527 – 557

New Journals added to HeinOnline

Our subscription to HeinOnline just got even better. Eleven new journals have been added to their collection, including Canadian Tax Journal, published by the Canadian Tax Foundation. HeinOnline is available to members of the Law Society of Manitoba by signing in to the Members Portal and clicking on “Library Resources”.

As we continue to work remotely, being able to access a full library of legal journals wherever you have an internet connection is a valuable resource. Be sure to check out all of the content we provide for you, and don’t hesitate to contact us for help with legal research.

New Journal Update

Estates, Trusts & Pensions Journal, Vol. 39, No. 2 has just been released.

Contents

From the Law Reports:

Baryla v. Baryla: The Presumption of Advancement in the Family Law Context – Lauren Blake and Caitlin MacDonnell

From the Legislatures:

Disclosure of Trust Information to Beneficiaries under New Zealand’s Trusts Act 2019 – Claudia Shan and Simon Barber

Articles:

Saskatchewan Introduces New Intestate Succession Legislation – Amanda S.A. Doucette

Common Intentions: The Standard of Review for Standard Form Wills – Tom Collins

Cross-Border Planning for Canadian Registered Retirement Plans – Elise M. Pulver, David J. Byun, Ryan M. Murphy and Amy P. Walters

Practitioners Beware: Equitable Remedies are Limited (But the Door has Not Closed) – Rami Pandher and Channing Brown

Taping Wills Instructions – John E.S. Poyser and Krista Clendenning

Lawyers who are members of the Law Society of Manitoba may request a copy of these articles by emailing library@lawsociety.mb.ca.