by George Roy | Jun 4, 2020 | Commentary, Journals, Wills and Estates
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.
by George Roy | May 11, 2020 | Current Awareness, Journals
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
by George Roy | Apr 9, 2020 | Journals, New Books
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
by Karen Sawatzky | Apr 3, 2020 | Journals, Legal Research
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.
by Karen Sawatzky | Mar 27, 2020 | Journals, Legal Research, Wills and Estates
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.
by George Roy | Mar 5, 2020 | Commentary, Current Awareness, Journals
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:
Canadian Journal of Administrative Law and Practice, Vol. 33
- Waiting for Godot: Canadian Administrative Law in 2019
- Undoing Doré: Judicial Resistance in Canadian Appellate Courts
- Delegated Legislation and the Charter
- The Quebec Reference and Vavilov–Statutory Rights of Appeal and the Core of Superior Court Jurisdiction
Canadian Journal of Family Law, Vol. 32
- All Families Are Equal, but Do Some Matter More than Others? How Gender, Poverty, and Domestic Violence Put Quebec’s Family Law Reform to the Test
- Introduction to the Special Issue: Shifting Normativities
- Intent to Parent Is What Makes a Parent? A Comparative Analysis of the Role of Intent in Multi Parenthood Recognition
- Autonomous Motherhood in the Era of Donor Linking: New Challenges and Constraints?
- Relationally Speaking: The Implications of Treating Embryos as Property in a Canadian Context
- Faire Valoir ses Droits à la Chambre de la Jeunesse: État des Lieux des Barrières Structurelles à L’Accès à la Justice des Familles
Canadian Journal of Law and Jurisprudence, Vol. 33
- Describing Law
- Equity and Homelessness
- The Proportionality Puzzle in Contract Law: A Challenge for Private Law Theory?
- Hobbes’s Third Jurisprudence: Legal Pragmatism and the Dualist Menace
- Seek the Good: Professional Trust, Justice, and the Rule of Law
- Deciding, ‘What Happened?’ when We Don’t Really Know: Finding Theoretical Grounding for Legitimate Judicial Fact-Finding
- Eichmann’s Mistake: The Problem of Thoughtlessness in International Criminal Law
- Reasonable Accommodation for Age
- Materially Identical to Mistaken Payment
- Tax Uniformity as a Requirement of Justice
Criminal Law Quarterly, Vol. 67
- Gladue Sentencing and Wrongful Convictions
- When One Innocent Suffers: Phillip James Tallio and Wrongful Convictions of Indigenous Youth
- Negative Retributivism: A Response to R. v. Ipeelee’s Innovative Call
- Plan B for Implementing Gladue: The Need to Apply Background Factors to the Punitive
- Sentencing Purposes
- ‘Shedding Light’ on Gladue and Section 718.2(e)
- The Connie Oakes Tragedy: The Same Mistakes and Still No Apology
- Ipeelee in the Courts of Appeal: Some Progress but Much Work Remains
Journal of Parliamentary and Political Law
- Review of: Vernon Bogdanor Beyond Brexit: Towards a British Constitution (2019 I.B. Tauris, London)
- Enhancing Canada’s Democracy without Electoral Reform
- A Novel and Necessary Remedy
- Hey Court, It’s Me, the Legislature, Speaking– Can You Hear Me?: Towards a True Dialogue between Courts and Legislatures
- Review of: Patrick Malcolmson, Richard Myers, Gerald Baier, and Thomas M.J. Bateman the Canadian Regime: An Introduction to Parliamentary Government in Canada 6th Edition (Toronto: University of Toronto Press, 2016)
- Reforming the Federal Electoral System in Canada: The Road to Unilateral Amendment
- Parliamentary Law and a French Version of the Constitution Act, 1867
- Including Emerging Litigation Comprenant Les Litiges en Voie de Développement
- Is Democracy Dying? Keynote Address: First Amendment Days, 2018
- Extradition–What Kind of a Word is That?
- Review of: Adam Dodek the Charter Debates: The Special Joint Committee on the Constitution, 1980-1981, and the Making of the Canadian Charter of Rights and Freedoms (Toronto: University of Toronto Press, 2018)
- Outcries from the Media Regarding the Vice Media Supreme Court Decision: When Journalists Cry Wolf
- La Représentation du Québec à la Chambre des Communes: le Dilemme de Demain
University of Toronto Law Journal
- Introduction: Criminal Law Theory
- Criminal Punishment and the Right to Rule
- Civil Order, Criminal Justice, and ‘No Justice No Peace’
- Civil Order, Markets, and the Intelligibility of the Criminal Law
- The Constitution of Criminal Law
- Criminal Law and the Constitution of Civil Order
- A Democratic Theory of Punishment: The Trop Principle
- Criminal Law as Public Ordering
- Criminal Justice and the Liberal Good of ‘Order’
From Lexis Advance Quicklaw:
Queen’s Law Journal, (2019) 45:1
- Provincial Jurisdiction over Abortion
- The Daily Work of Fitting in as a Marginalized Lawyer
- International Comity and The Construction of The Charter’s Limits: Hape Revisited
- Regulation and Inequality at Work: Isolation and Inequality Beyond the Regulation of Labour The Contested Grounds of Economic Order
- Transfer by Contract at Common Law and in Equity
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