Research Tip: Thousands of Canadian Legal Articles Free!

[Reposted with permission from Legal Sourcery, by Ken Fox]

No, I am not talking about HeinOnline. The Law Society of Ontario’s AccessCLE site hosts, at the time of writing, 9,543 CPD articles dating from 2004 to 2019.

Here is an overview of the browsable collection.

With this many articles available at a single source, best bet might be to use search rather than browse – and my preference would be to bypass the single-line command search and go straight to the Advanced Search.

Advanced Search allows you to select searching fields (Title, Author, Full-text, etc) using drop-down menus, and to search multiple fields at once. If I am looking for articles on resulting trusts, I might use the drop-downs to select Article Title, then place my terms in separate boxes. So I am searching for articles that include both words – “resulting” and “trusts” – in the title.

The far right searching column (not appearing in the screen capture here) allows you to select the AND or the OR operator. In this case, I am searching for terms that are complementary, so I use AND. If I were searching for terms that were synonyms or antonyms (e.g. “resulting trusts” and “constructive trusts”) – then I might use OR.

My search has retrieved four hits. Don’t be dissuaded by the low “Relevance” ratings. Clearly these are four articles that feature Resulting Trusts as a principal topic. The latest article is from 2017 and the oldest one is from 2007. And, of course, the PDF buttons in the View column on the far right enable you to view the full-text article.

Not all documents in this database are actually “articles.” Some are PowerPoint presentations or checklists. But after briefly perusing the results of this search and a few others – it looks to me like AccessCLE contains a great wealth of predominantly full-text, substantial legal articles.

Registration closes on Oct. 30th ~ 2019 Isaac Pitblado Lectures ~ Capacity to Decide: Planning for Death and Dying

Jointly presented by the Manitoba Bar Association, The University of Manitoba Faculty of Law & The Law Society of Manitoba

The 2019 Isaac Pitblado Lectures
Capacity to Decide: Planning for Death and Dying

November 8, 2019 │ 9:00 a.m. – 4:30 p.m.
Fort Garry Place Conference Centre, Grand Ballroom

Registration closes on October 30th 

Register Now 

6 CPD hours, including 1.5 EPPM hours

Visit the Pitblado Lectures website for information about the diverse range of presenters who will provide thought provoking presentations as well as concrete guidance for practitioners on topics including:

– Testamentary Capacity
– Predatory Marriages
– Medical Perspective on Capacity
– Capacity Assessments
– Video Recording Will Instructions
– Assisted Dying – constitutional, philosophical and ethical issues
– How Medical Assistance in Dying (MAID) works in Manitoba
 

5th Annual Child Protection Program

November 29, 2019 │ 9:00 a.m. to 4:00 p.m.
Law Society Classroom, 3rd Flr., 260 St. Mary Avenue, Winnipeg
 
Register Now 
6 CPD hours, including 1 EPPM hour

Given the interconnectedness of the individuals involved in child protection cases, most often it is better to strive for resolution rather than litigation. This year’s program will focus on the need for counsel to adopt a modern, collaborative approach to child protection matters.

Topics will include:
-Drug Testing and Reading
-Lessons from Dauphin Provincial Court
-Intake Court and How to Prepare an Effective Brief
-Resources Available to Families Throughout the Province
-Mama Mawi Wi Chi Itata – Family Group Conferencing 

Presenters Include:
From Other Professions
Dr. Ginette Poulin, Addictions Foundation of Manitoba
Bruce Harper, Absolute Testing Inc.
Jackie Anderson, Mama Mawi Wi Chi Itata Centre

From the Manitoba Court of Queen’s Bench
The Honourable Madam Justice Gwen B. Hatch (Family Division)
The Honourable Madam Justice Kaye E. Dunlop (Family Division)
Senior Master Rick Lee

From Manitoba Provincial Court
The Honourable Judge Christine Harapiak
The Honourable Judge Alain Huberdeau

Counsel
Lynda Grimes, Overall, Grimes
Kris Janovcik, Tapper Cuddy LLP
David Joycey, Barrister & Solicitor
Darryl Buxton, Myers LLP
Michael Clark, Myers LLP
Karen Webb, Burgess Law Office
Desiree Dorion, Dawson & Bretecher
Meredith Mitchell, Legal Aid Manitoba – Agassiz Law Office
Terrance DeLaronde, Cochrane Saxberg, Barristers & Solicitors
Spencer Weisensel, Legal Aid Manitoba – Northlands Community Law Centre
Eligibility For CPD Hours: This program may be reported for up to 6 hours of eligible CPD activity, including 1 hours of EPPM.

3 Weeks Left to Take Advantage of Early Bird Pricing for the 2019 Isaac Pitblado Lectures

The 2019 Isaac Pitblado Lectures
Capacity to Decide: Planning for Death and Dying

November 8, 2019 │ 9:00 a.m. – 4:30 p.m.
Fort Garry Place Conference Centre, Grand Ballroom

3 Weeks Left to Take Advantage of Early Bird Pricing 

6 CPD hours, including 1.5 EPPM hours

Jointly presented by the Manitoba Bar Association, The University of Manitoba Faculty of Law & The Law Society of Manitoba

This year’s Pitblado Lectures will provide thought provoking presentations as well as concrete guidance for practitioners on topics including:

  • Testamentary Capacity
  • Predatory Marriages
  • Medical Perspective on Capacity
  • Video Recording Will Instructions
  • Capacity Assessments
  • Assisted Dying – constitutional, philosophical and ethical issues
  • How Medical Assistance in Dying (MAID) works in Manitoba 

Featured out of province speakers include Professor Albert H. Oosterhoff
(Oosterhoff on Wills, 8th ed. and Oosterhoff on Trusts: Text, Commentary and Materials, 9th ed.) and Kimberly A. Whaley, of the Toronto litigation firm Whaley Estate Litigation Partners.

Stay tuned for updated information and speaker announcements on the
Pitblado website: www.pitbladolectures.com

Important Changes to the Anti-Money Laundering Rules for Manitoba Lawyers

[Reprinted with permission from the August 2019 edition of Communiqué, by Leah Kosokowsky, Director – Regulation at The Law Society of Manitoba.]

On January 1, 2020, rule changes affecting client identification and verification and the receipt of cash will come into effect.

What does this mean for you?

All firms need to review and revise their processes to ensure compliance with the existing and new rules. These rules are critically important in the international fight against money laundering and terrorism financing and thus compliance will be enforced robustly.

What help can you expect?

The Law Society of Manitoba will provide several education sessions with resource material to assist you. The education sessions will be provided at no cost and can be applied toward your annual continuing professional development requirements.

Why are we making these changes?

Lawyers must never knowingly assist in or encourage any dishonesty, fraud, crime or illegal conduct. As the Code of Professional Conduct puts it,

… a lawyer should be on guard against becoming the tool or dupe of an unscrupulous client or others and should be alert to and avoid unwittingly becoming involved with a client or others engaged in criminal activities such as mortgage fraud or money laundering.

Money laundering and terrorism financing are significant global problems. Lawyers and law firms do not want to knowingly or unknowingly allow clients to launder money by washing it through a lawyer’s trust account.

For some time, The Law Society of Manitoba has had two sets of rules in place, known as the “client identification and verification rules” and the “no cash rules”. These decade-old rules were based on model rules developed by the Federation of Law Societies in an effort to help lawyers prevent money laundering. Over the last several years Canadian law societies have identified that to be effective a more robust set of rules is required.

After consultation with the legal profession throughout Canada, the Federation of Law Societies changed the model rules in October 2018, which changes were adopted by The Law Society of Manitoba benchers in May of 2019. The new rule amendments are being drafted and will be finalized by the benchers this fall with an implementation date of January 1, 2020 for all Manitoba lawyers.

What Kind of Changes can you expect?

Receipt of Cash Rules

  • Additional definitions
  • Greater clarity
  • Fewer exceptions to the rule that prohibits lawyers from accepting cash in excess of $7,500.

Client Identification and Verification Rules

  • Greater clarity of the information that must be obtained and recorded when identifying clients on all files
  • New methods to verify a client’s identity on files where you are paying, receiving or transferring funds
  • Clarification of files exempt from verification
  • Removal of the “reasonable measures” standard for verifying identity
  • Obligation to inquire into the source of the funds
  • Reduced time to verify a client’s identity
  • Additional obligations when handling financial matters for corporations, businesses, trusts or other entities
  • Amendments relating to the use of agents
  • Ongoing monitoring obligations articulated

New Trust Accounting Rule

  • New rule expressly prohibiting lawyers from depositing any monies into trust other than trust money that is directly related to legal services that are being provided
  • This will eliminate the ability of lawyers to deposit fiduciary property into trust when acting solely in a representative capacity
  • No change to other recently enacted rules that place record keeping and reporting requirements on lawyers who act in representative capacity

To learn more, attend one of the three free education sessions offered by The Law Society of Manitoba this fall.

Western Bar Annual CPD – September 6, 2019

Western Bar Annual CPD
September 6, 2019    |   9:00 a.m. to 12:00 noon
Elkhorn Resort & Conference Centre, Clear Lake, MB

*Special low registration pricing*
Lawyer – $55.00 (plus GST)
Student – $27.50 (plus GST) ~ 50%  Discount

REGISTER NOW

Two important topics will be covered:

1) New Anti-Money Laundering Rules

2) Well Being in Your Workplace: What Law Firms Can Do
Presenter: Honourable Judge Timothy Daley, Nova Scotia Provincial and Family Court

Includes 3 hours of CPD activity, including 3 hours of EPPM

Register for the Western Manitoba Bar Association AGM
and other events
before August 23, 2019. 

Read More