Blog Round-up November 2021

by George Roy | Dec 10, 2021 | Blogs, Current Awareness

A round-up of blog posts from the Manitoba legal community in November 2021

Clarke Immigration Law

• MB Torch of Dignity Event November 29, 2021
• CityNews: Stop Deportation October 27, 2021

Matthew Gould Blog (Criminal Law)

• How To Find A Criminal Lawyer (Updated) November 16, 2021

MLT Aikins

• The Return of Post-Arrival Testing and Quarantine December 1, 2021
• Canada Energy Regulator Denies Enbridge’s Mainline Contracting Application November 30, 2021
• Significant Updates to Canada’s COVID-19 Travel Rules November 24, 2021
• Insurers Can Deny Coverage After a Claim Is Accepted, SCC Rules November 24, 2021 – “The Supreme Court of Canada recently clarified that an insurer with no prior knowledge of a policy breach may later deny coverage once the breach has been discovered.”

• COP26: Implications for Western Canada November 23, 2021
• Province Launches Retrain Manitoba Grant Program November 16, 2021
• Who Owns Your Intellectual Property? November 8, 2021
• Completing Records of Employment for Vaccination Policy Terminations November 5, 2021
• Incoming Amendments to The Human Rights Code (Manitoba) November 4, 2021
• Considerations for Purchasers When Acquiring Existing Employees of a Business November 3, 2021
• Canada Will Require Full Vaccination for Travel from Canadian Airports October 29, 2021
• Labour Arbitrators Have Exclusive Jurisdiction Over All Collective Agreement Disputes, SCC Confirms October 29, 2021
• MB Caution (Yellow): Province Announces New Public Health Measures October 29, 2021
• ESG Activism: Coming Soon to a Boardroom Near You  October 28, 2021
• Municipal Slip Up: Liability and Core Policy Immunity October 27, 2021

Pitblado Law Blog

• Pitblado wins at the Supreme Court November 29, 2021 – “The Supreme Court rules that an employment discrimination dispute involving a unionized worker should be settled by a labour arbitrator appointed under the collective agreement, not by a human rights adjudicator.”

Robson Crim Legal Blog

• The Right to be Tried Within a Reasonable Time – Prachi Sanghavi
• Defending Peace Bond Applications – A. Josey
• Is consent becoming an arbitrary concept? – Katrina Chanas
• Duress and Necessity: Questioning the Distinction – Rhiannon Swan
• Trauma and Tragedy in Canada’s First Nations – Xiyuan Feng
• A Wolf in Sheep’s Clothing? The Admissibility of Similar Fact Evidence as Narrative By K MacLeod
• “No Basis to Proceed with Charges”: SIU should Compel Officers to be Interviewed by E MacDonald

• 100 Problems – Justin Paulic
• Drug Decriminalization in Canada – Maddy Ackermann
• Limiting Privacy in the Digital Age – Kaitlin Trager
• Racialized or Randomized?: Race Shield Legislation Admissibility & Character Evidence
• Expansion of Police Powers – CHW
• Courts Left to Decide Inconsistent Jury Verdicts – CHW
• Developments in Dangerous Driving – Zackary Porter
• The Search for Truth: Will the Call for Justice be Answered at the ICC? By: Rachel Lauder

TDS law

• Top 10 Employment Law Basics December 3, 2021
• Misgendering Employees Can Result In Damages Against Employers November 23, 2021 – “Two recent decisions of Human Rights Tribunals in Ontario (EN v Gallagher’s Bar and Lounge, 2021 HRTO 240) and British Columbia (Nelson v Goodberry Restaurant Group Ltd. dba Buono Osteria and others, 2021 BCHRT 137) highlight the importance of employers respecting the preferred pronouns of their employees, and the potential consequences should an employer fail to show such respect.”

• Manitoba Introduces Legislation To Allow For The Permanent Use Of Remote Witnessing And Commissioning November 22, 2021
• Why This Matters To Non-Unionized Workplaces With Staff On Lay-Off November 05, 2021

Legal Blog Roundup September/October

by George Roy | Nov 5, 2021 | Blogs, Current Awareness

A bi-monthly round-up of blog posts from the Manitoba legal community for the months of September and October 2021

Clarke Immigration Law

• Success: Justice for Minors October 3, 2021
• National Day for TRC: Pro Bono Services September 29, 2021
• Congrats Voters! September 21, 2021
• Where are you from? August 27, 2021
• Success: Study Permit August 24, 2021
• Mandatory Vaccines @ UofM August 19, 2021

Matthew Gould Blog (Criminal Law)

• How Can You Contest A Blood Alcohol Test? October 14, 2021 “For years, police had to have a reasonable suspicion that a driver was under the influence before they could mandate them to take a breathalyzer test. What amounted to reasonable suspicion was variable. An officer might pull someone over if they saw them leave a bar and start driving, if their driving was erratic, or for any other number of reasons. In Manitoba, this is no longer the case: officers can administer mandatory breathalyzer tests without reasonable suspicion. That complicates one of the more common defences against DUIs.”
• Possession Laws In Manitoba – Everything You Need To Know September 28, 2021
• Canadian Charter Rights On Police Trespassing August 25, 2021

MLT Aikins

• U.S. to Re-open Canada and Mexico Borders for Fully Vaccinated Travellers October 18, 2021
• Weighing the Risks of COVID-19 Vaccination Policies in the Workplace October 12, 2021
• How Does Sandbagging Work in M&A Deals? October 7, 2021 “While both the federal and provincial governments have encouraged private sector employers to impose vaccination policies, it is not mandatory at this time. Employers are responsible for determining the appropriate balance in their workplace between health and safety considerations and the human rights and privacy interests of their employees.”
• Canada Will Require Full Vaccination for Travel from Canadian Airports October 6, 2021
• Technology, Regulatory Process & Western Canada’s Energy Transition October 6, 2021
• When Does a Corporation “Discover” a Wrong by the Controlling Board of Directors? October 6, 2021
• Opportunities Emerge in Western Canada Amid China’s Crypto Crackdown September 24, 2021
• Take Advantage of Manitoba’s Small Business Venture Capital Tax Credit September 24, 2021
• The Importance of Written Contracts in Construction Projects September 21, 2021
• Is Your App Privacy Compliant? Four Key Questions September 20, 2021
• Employer Obligations on Election Day – September 20, 2021 September 8, 2021
• Canada Allows Fully Vaccinated International Travellers September 7, 2021
• Managing the Great Resignation: Tips for Employers Reopening Workplaces September 7, 2021
• Manitoba Acknowledges National Day for Truth and Reconciliation September 7, 2021
• Parliament Passes Friendly Tax Changes for Farms and Small Businesses September 7, 2021
• What Does the National Day for Truth and Reconciliation Mean for Provincially Regulated  Employers?  September 3, 2021
• MB Caution (Yellow): Province Announces New Public Health Measures September 2, 2021
• Does Your Organization Need a Patent? August 31, 2021
• Tips for Returning Employees to the Workplace August 31, 2021

Pitblado Law Blog

• OSFI provides timely guidance for dealing with cyber security threats and incidents September 23, 2021

Robson Crim Legal Blog

• Racial Profiling by Police – Masuma Fatima
• “Requisite State of Mind” in Second-Degree Murder – Ashley Fouad
• Defund the Police: How to Proceed? – Chris Dick
• Right to Counsel – Liam Pollock
• The Complex Balance of Sentencing Children- Cassandra J. Bueckert
• Mistakes in the evolving rules of delay – D. Grohl
• Self-induced intoxication and automatism – blawger
• The Future of Automatism – Justin Vermette
• Critiquing Predictive Policing – Mikal Sokolowski “…predictive policing is considered a divisive controversial policing method, even considering the purported benefits that it offers. Although predictive policing has not been fully adopted in Canada, it has seen rapid adoption in the United States over the last ten years, which is understandable considering the benefits that predictive policing potentially offers. These benefits include predicting when, where, and who will be involved in crimes based on empirical data. Moreover, the reduction in crime rates once predictive policing has been implemented are staggering. However, there are several concerns with the adoption of predictive policing, including that it is generally operated by third parties. This reality means the police may not understand how to properly interpret the data and the data may not be subject to public scrutiny.”
• A Brave New World Revisited for the 21st Century – John Burchill
• A Canadian Tragedy – Liam Pollock
• Detention in a Pandemic – Sarah Sharp
• Drinking and Driving: A Tale as Old as Time – Cassandra J.

TDS law

• New Federal Holiday – National Day For Truth And Reconciliation, Sept 30

Manitoba Legal Blog Round-Up July and August

by George Roy | Sep 10, 2021 | Blogs, Current Awareness

Take a look at these recent blogs and articles collected from the Manitoba legal community during the months of July and August 2021.

Clarke Immigration Law

• Justice Avvy Go August 9, 2021
• Winnipeg – Smart City July 18, 2021

Matthew Gould Blog (Criminal Law)

• What Are The Responsibilities Of A Criminal Lawyer? July 30, 2021
• What Happens If You Fail To Stop Or Remain At The Scene Of An Accident? June 26, 2021

MLT Aikins

• MB Caution (Yellow): Province Announces New Public Health Measures Aug 27
• Mandatory COVID-19 Vaccination for Many Manitoba Front-Line Employees Aug 27
• Challenges Facing Renewable Energy Developers in Canada Aug 26
• Mitigate Your Cyber Risk with New Guidance from OSFI Aug 25
• FCA Ruling Brings Trademark Law into 21st Century Aug 24
• Supreme Court of Canada Upholds Priority of Priming Charges in CCAA Proceedings Aug 17
• Copyright Tariffs Are Not Mandatory, Says Supreme Court of Canada Aug 16
  “Copyright users will welcome this decision while copyright collectives may find that it complicates copyright enforcement. Since board-approved tariffs are not mandatory for non-licensees, copyright collectives might need to rethink their strategy. Going forward, copyright collectives may require creators to assign or provide exclusive licenses to their works or, it may lead to creators dealing with users and pursuing infringement directly. The SCC’s decision also offered guidance on how courts could analyze fair dealing in the context of educational institutions.”
• Changes to Bereavement Leave for Federally Regulated Employers Aug 16
• Canada to Require COVID-19 Vaccinations for Federal Workers Aug 13
• MB Caution (Yellow): Public Health Restrictions Eased, in Effect Aug 7 Aug 4
• Manitoba’s Four-Step Reopening Plan for Summer 2021 Aug 3
• New Regulations Will Permit MB Real Estate Registrants to Incorporate July 26
• Healthy Hire MB Program: Applications Open, Eligibility Expanded July 30
  “On June 24, 2021, the Province of Manitoba announced the Healthy Hire Manitoba Program (the “Program”), a new wage subsidy program that will reimburse local employers outside of the public sector who hire or rehire vaccinated employees.”
• New Federal Minimum Wage Rate for Federally Regulated Private Sector July 22
• CRA Introduces New Trust Reporting Rules July 21
• Supreme Court Provides Guidance on First Nation Flooding Compensation July 20
• Canadian Tax Acts Across the Nation Adapt to Online Transactions July 6
  “The extension of Manitoba’s sales tax proposes to be in force as of December 1, 2021, making it the last province to target online sellers with provincial sales taxes. The proposed changes suggest that Manitoba believes it will collect over $8 million per year by extending provincial sales taxes to streaming services, online marketplaces and online accommodation platforms.”
• Remaining Onside in Your Advertising: Obligations for MB Pharmacists July 5

Pitblado Law Blog

• Todd Andres Podcast: The Right Way to Fire Someone July 21
• The Right to Disconnect July 21 “The Canadian Government has noticed the lines have been blurred between being “at work” and “not at work”. Consequently, it has established the Right to Disconnect Advisory Committee, which began in October 2020 to hold a series of meetings with stakeholders, including the Canadian public, in order to obtain further information surrounding the right to disconnect and consider the logistics of such legislation.”

Robson Crim Legal Blog

• “Societal Notions” and the Babos Test – Aiyana McKenzie Aug 27
• The Ordinary Sober Person in Provocation – Aiyana McKenzie Aug 27
• Necessity and Aiding a Murder Under Duress – Ty Schmidt Aug 27
• Rebuttable Presumption of Vehicle Care and Control Justified – Tony Dempsey
• Sentencing for the Protection of Indigenous Women and Girls – Tom Swanson
• Caution Required As Curative Proviso Restores Convictions – D. Grohl  
• The Evidentiary Burden of a Crime of Passion – Jenna Symons
• Denigrating Advice of Counsel – Keenan Fonseca
• He Said She Said – Abhishek Makam
• Tattoos – The Final Frontier of Dress Codes? by John Burchill
• Sexual Interference Case has Broad Impact on Justice System – Elize Janzen
• Silent Video Evidence Insufficient for Murder – Samantha Harvey
• “Reasonable” speeding – Justin Vermette
• The Daviault Defence – Nikolai von Schilling
• Mental Health Discrimination and Public Security – Samantha Harvey
• Wilful Blindness – Bob Smith
• the Entrapment Doctrine – Chashan Brar
• Quieting the Right to Silence – Justin Paulic
• The Overcriminalization of COVID-19 – Sarah Sharp “COVID-19 poses a serious risk of being misunderstood in the way HIV was when it was first discovered. Information on COVID-19 changes almost daily and new information is constantly being uncovered. As of right now, there are a ton of unknowns about the virus, which means that the justice system risks over-criminalizing COVID-19 due to a lack of knowledge of the realistic risks involved. The justice system should be careful to consider what medical evidence is available, and also be flexible to acknowledge and apply any new scientific discoveries about COVID-19.”
• Mental Health and Public Security – Samantha Harvey
• The Presumption of “Care or Control” – Rhiannon Swan
• Abstract Populism of the Reasonable Person – Anonymous
• Assessing Timeliness Should Include Deliberation- Megan Filyk
• Inconsistent Instructions, Unreasonable Verdicts – Masuma Fatima
• the Curative Proviso Under s. 686(1)(b)(iv) of the Criminal Code – Cody Dangerfield
• Do Polygraphist’s Have Fangs? (or taking a bite out of the polygraph) – by J Burchill
• Winnipeg Stabbings Part 1 (Memory and Provocation),  Part 2 (Guilt and Psychosis) – Ashley Bains

Taylor McCaffrey

• The Best Lawyers in Canada 2022 Aug 26
• Time to Cast Your Vote – What Employers Need to Know about their Federal Election Obligations Aug 20
• Developing your Communicable Disease Prevention Plan Aug 3
• Manitoba Court of Appeal confirms no duty for an Employer to Investigate Misconduct prior to Dismissal July 30 “The Manitoba Court of Appeal’s recent decision in McCallum v Saputo, 2021 MBCA 62, provided a much needed confirmation of the status of the law in Manitoba with respect to an employer’s obligations to an employee when dismissing for cause.”
• Ken Dolinsky is interviewed by CBC News on Manitoba’s Healthy Hire Program. July 6

TDS law

• Intergenerational Business Transfer Bill C-208 July 21, 2021
• Lex Mundi 2021 Global Mergers & Acquisitions Trends Report July 16, 2021
• The Basics Of Intellectual Property Ownership For Business Owners July 15, 2021
• Maintaining Your Manitoba Corporation July 8, 2021

Together a collaborative family law blog

• What Happens To My Child’s RESP if I Die? A Cautionary Tale July 21

Manitoba Legal Blog Round-Up

by George Roy | Jul 14, 2021 | Blogs, Current Awareness

A collected list of legal blog posts from around the Manitoba legal community during May and June.

Clarke Immigration Law

• Success: Tribunal appeal May 19, 2021
• Study Permit Tips for SuccessMay 11, 2021
• CTV News: Welcome Place April 28, 2021
• Winnipeg – Top 10 in Canada April 27, 2021
• Queen’s is #1 April 21, 2021
• Thank you! Best Immigration Lawyer – Winnipeg April 20, 2021
• FCA reverses decision on STCA April 19, 2021

Matthew Gould Blog (Criminal Law)

• Understanding Entrapment In Canada May 30, 2021

MLT Aikins

• Responding to Carbon Pollution Pricing Systems June 30, 2021
• Parliament Passes Friendly Tax Changes for Farms and Small Businesses June 30, 2021
• The Canada Emergency Rent Subsidy June 29, 2021
• Province Opens Manitoba Bridge Grant to New and Seasonal Businesses June 29, 2021
• Federal Government Extends COVID-19 Wage Subsidy to September 25 June 29, 2021
• The Canada Recovery Hiring Program June 24, 2021
• Manitoba Critical (Red): Restrictions Eased, in Effect Until Aug 2 June 24, 2021
• Manitoba’s Four-Step Reopening Plan for Summer 2021 June 23, 2021
• Canada Eases International Travel Restrictions for Some Vaccinated Travellers June 22, 2021
• Senate Passes UNDRIP Bill C-15 June 21, 2021
• Arbitrator Upholds Rapid COVID-19 Testing Program on Construction Sites June 21, 2021
• Changes to Limitation Periods in Manitoba: Bill 51 June 20, 2021
• Keeping up With CASL — Is Your Organization Compliant? June 18, 2021
• You Can’t Have Your CERB and Damages Too June 18, 2021
• Historic Global Tax Agreement Backed by G7 Finance Ministers June 18, 2021
• Fully Vaccinated Travellers Entering MB Exempt from 14-Day Quarantine June 15, 2021
• Métis Agreement with Crown Corporation Engaged Honour of the Crown June 11, 2021
• National Day for Truth and Reconciliation Introduced as New Holiday June 8, 2021
• Agriculture and Food a Key Economic Pillar in Canada’s Budget 2021 June 4, 2021
• Vaccine Passports and Privacy in Canada June 4, 2021
• Global Energy Leaders Under Increased Pressure to Reduce Emissions June 2, 2021
• Carbon Capture Tax Credit Consultation Process Underway May 26, 2021
• Minimum Wage to Increase in Manitoba on October 1, 2021 May 26, 2021
• Proposed Legislative Changes Affecting Manitoba Employers May 25, 2021
• Manitoba Introduces Paid COVID-19 Vaccination Leave May 13, 2021
• Contract Considerations for Cross-Border Sales May 12, 2021
• SCC Affirms Non-Canadian Indigenous People Have Right to Hunt in Canada May 12, 2021
• A Guide to Dealing with Municipal Code of Ethics Complaints May 10, 2021
• Manitobans to Receive Up To Five Days Paid Pandemic Sick Leave May 10, 2021
• Temporary COVID-19 Layoffs Held to be Constructive Dismissal May 7, 2021
• Tips for Navigating Municipal Workplace Harassment & Investigations May 5, 2021

Pitblado Law Blog

• Material Possession of 7, Legal Possession of 9 – Conveyancing June 22, 2021
• Are You Looking for 20 Chains? June 22, 2021
• The Offer to Lease – Don’t Overlook the Importance of this Step June 3, 2021

Robson Crim Legal Blog

• Privacy in Peril: Search Incident to Arrest – Giovana Hessman Dalaqua
• Do Polygraphist’s Have Fangs? (or taking a bite out of the polygraph) – by J Burchill
• Winnipeg Stabbings Part 2 (Guilt and Psychosis) – Ashley Bains
• Winnipeg Stabbings Part 1 (Memory and Provocation) – Ashley Bains
• Gladue Reports: Patchwork Band-Aids for a Failing System – Nicholas Mark
• Individualizing Bail Compliance – Evan Kwong
• Flexible Sentencing Fits the Crime – Noah Curle
• Failure to Disclose HIV Not Always Sexual Assault – Eryka Gregory
• The Final Word on Entrapment? – Daniele Zerbo
• Sentencing Sexual Offences: Punishment, Parity, and Trust – Anonymous
• Clarifying Laws of Sexually Transmitted and Blood Borne Infections – Cole McClelland
• Artificial Intelligence in Policing – Mackenzie Cardinal
• The Reasonable Person – Ramsay Hall
• Sexual Assault and Similar Fact Evidence – Sarah Dalton
• Conflicting Verdicts Due to Jury Instructions? – Anonymous
• Impaired Driving, Care and Control – Gustavo da Roza
• Welcome to Professors Trask and Murchison as RC Editors
• Privacy Rights in the Digital Age – Frances Borgmann
• The Court of Public Opinion – Sandra Barkho
• Protecting Prosecutors Against Officers’ Revenge – Cole McClelland
• The Modern-Day Panopticon: Privacy Under Surveillance – Laura Ayres
• Inferring Intent with After-the-Fact Conduct – Yan Ma
• Pigeon or Phoenix? The SCC, Nevsun v Araya & the Status of INT Law in CND Courts – Rachel Lauder
• R v Turpin: Revising Admissibility of Expert Opinion Evidence in NB – W. McArthur
• Social Suppliers & Real Dealers: Incorporating Social Supply in Drug Law in Canada- SARAH FERENCZ
• The Privacy Paradox: Marakah, Mills, & the Diminished Protections of Section 8 by MICHELLE BIDDULPH
• Moms in Prison: The Impact of Maternal Incarceration on Women and Children by KATY STACK
• The SCC’s Justification of Charter Breaches & Effects on Black & Indigenous Communities by E. KAKA
• The Criminalization of Non-Assimilation & Property Rights in the Canadian Prairies by LAUREN SAPIC
• Cree Law and the Duty to Assist in the Present Day by Professor DAVID MILWARD
• Nuancing Feminist Perspectives on the Voluntary

Taylor McCaffrey

• Changing the Locks? What Commercial Landlords Can and Cannot Do in this Post-Pandemic Era June 21, 2021
• Single-event sports betting to become legal after Senate passes Bill C-218 June 23, 2021
• Jeff Palamar and Mark Alward Discuss Handling Off-Duty Misconduct in Canada May 27, 2021
• Selecting a Workplace Investigator  May 7, 2021

TDS law

• Intergenerational Business Transfer Bill C-208 June 30, 2021
• Terms Of Use & Privacy Policy June 22, 2021
• Cipo Accepting Requests For Expedited Examination Of Trademark Applications June 8, 2021
• Cyber Security & Data Protection Checklist: Is Your Organization Privacy Compliant And Cyber Safe? June 07, 2021
• Bill C-208: Cautious Optimism For Small Businesses And Family Farms May 19, 2021

Together a collaborative family law blog

• We’re not rich and famous; should we sign a prenup?, June 28, 2021

Manitoba Legal Blog Round-Up

by George Roy | May 13, 2021 | Blogs, Current Awareness

A bi-monthly round-up of blog posts from the Manitoba legal community for the months of March and April of 2021

Clarke Immigration Law

• Fix Tribunal Mistakes April 12, 2021
• Feature: Realtor Talib Hasan April 7, 2021
• IRCC Processing Delays March 26, 2021
• Success: Sponsorship Appeal March 23, 2021
• Congrats to all CEC Applicants! February 18, 2021
• Support Indian Farmers February 16, 2021

Matthew Gould Blog (Criminal Law)

• Categories Of Criminal Offences In Manitoba April 26, 2021
• Distracted Driving Laws & Penalties In Manitoba March 23, 2021
• Winnipeg Criminal Defence Lawyer Highlights The Impact Of Covid-19 Pandemic On The Criminal Justice System March 10, 2021

Pitblado Law Blog

• Real Reasons Why a Contract May Be Unenforceable March 31, 2021

Taylor McCaffrey

• Certified B Corporations by Lauren A. Vrsnik April 30, 2021
• Privacy, Human Rights at Play with Covid Safety Policies, Practices  by Erika Drew, Mark Alward April 29, 2021
• Manitoba Intends to Expand the Scope for its Retail Sales Tax in the 2021 Budget by Seth P. Boulding April 15, 2021
• Mark Alward Participated as the Moderator on Episode 236 of the Employment Matters Podcast about Employment Law Considerations in Canada with the shift to working from home by Mark Alward April 12, 2021
• Robynne Kazina Discusses Collaborative Family Law by Robynne Kazina April 5, 2021
• Kristen Wittman joined The Common Share a Podcast about Cooperative Businesses Hosted by Co-operatives First by Kristen Wittman March 31, 2021
• Risky Terminations by Ryan Savage, Peter Mueller March 25, 2021
• Internet Harassment – A New Tort by Matthew Nordlund, Simon Q.K. Garfinkel March 9, 2021
• Robynne Kazina Discusses Separation and Divorce by Robynne Kazina March 4, 2021
• Robynne Kazina Discusses Adopting a Child in Your Care by Robynne Kazina March 3, 2021
• Significant Victory for Manitoba Parents Using Assisted Reproduction by Robynne Kazina March 2, 2021

TDS law

• Manitoba Moving Away From Environment Act Licences For Forest Management Plans by John Stefaniuk April 21, 2021
• 2021 Federal Budget Highlights by Leilani Kagan April 20, 2021
• 2021 Manitoba Budget Highlights by Leo E.K. Palay April 13, 2021
• Reopening Your Business In A Pandemic: Privacy Concerns Related To Precautions by Kendall (Dell) Dyck April 13, 2021

MLT Aikins

• Three Tips for Intellectual Property Licensees & Licensors Managing Counterparty Insolvency Issues April 30 2021
• “Asking for a Friend:” Five Tips for Business Borrowers Seeking to Maintain Lender Support April 30, 2021
• NEO Unveils G-CorpTM Program for Mid-Market Growth Companies by Mahdi Shams, Brendan Bachewich April 30, 2021
• The New CCDC 2 – 2020 Contract: Changes You Need to Know by John Martens, Daryl Chicoine April 30, 2021
• Budget 2021: Highlights for Canada’s Energy Sector by Chad Eggerman, Leigh Peters, Brady Chapman, Kevin Mehi April 28, 2021
• The City Assessor is Looking for Info – Respond Promptly, Avoid Penalties by James Mercury April 28, 2021
• Manitoba Critical (Red) Level Extended to May 26, New Restrictions Announced by Christian Monnin, Dany Théberge, Christine Jeroski April 27, 2021
• Examining the 2021 Cannabis Market and M&A Activity by Alizeh Virani, Mahdi Shams April 23, 2021
• Near-Bankruptcy Payments Do Not Warrant a Remedial Constructive Trust by James Rose, Michael Marschal, Tava Burton April 16, 2021
• Termination Upheld for Long-Term Employee Engaged in Racially-Based Harassment by Kristin Gibson April 15, 2021
• Tenders vs RFPs — Setting up Your Infrastructure Project for Success by Andrew Konopelny, Milad Alishahi, Jeremie Roussel April 14, 2021
• IIROC Warns That Ransomware Attacks are increasing by Matthew Barnes, Kristél Kriel, Nathan Schissel April 14, 2021
• Employers Beware: Cost-Cutting Strategies May Cost You in Court  by Jean Torrens, Aaron Marchadour April 9, 2021
• The Greenhouse Gas Pollution Pricing Act is Constitutional – What’s Next? By Jodi Wildeman, Q.C., Deron Kuski, Q.C., Andrew Konopelny, Bennet Misskey April 9, 2021
• After-Sales Service/Warranty Work and the Border: FAQs by Reis Pagtakhan, Jessica Jensen April 9, 2021
• Planning for Possible Increases to the Capital Gains Inclusion Rate by Alain Gaucher, Q.C., Vanessa Zuchetto, Erin Bokshowan April 8, 2021
• Supreme Court of Canada to Revisit Advanced Costs for First Nations by Sonia Eggerman, Jianna Rieder March 30, 2021
• SCC Rules Carbon Tax is Constitutional by Deron Kuski, Q.C., Jodi Wildeman, Q.C., Bennet Misskey, Andrew Konopelny March 25, 2021
• Supreme Court of Canada Confirms CASL is Constitutional by Kristél Kriel, Marc Unger, Nathan Schissel, Nicole Graham March 25, 2021
• Remote Work From Other Jurisdictions: What Employers Need To Know by Scott Bell, Amy Gibson March 17, 2021
• Ready Player 1: Examining the World of E-sports by Peter E. Anandranistakis, Graham Christie, Mahdi Shams March 16, 2021
• Why Your Website Needs a Privacy Policy and Terms of Use by Kristél Kriel, Katie Newman March 10, 2021
• Capital Markets in Western Canada for Agriculture and Food Projects by Scott Exner March 10, 2021
• Manitoba Optometrists Operating Through Professional Corporations by Steven Kohn, Melissa Cattini March 5, 2021
• The Federal Government’s Transition Plan for CERB Recipients by Aaron Haight, Amy Gibson, Christine Jeroski March 3, 2021
• Businesses Eligible for Manitoba Bridge Grant to Receive Third Payment by Dany Théberge, Christine Jeroski March 3, 2021
• LIBOR Phase-Out: Preparing for the end of the Short-Term Interest Rate by Mark Gill, Katie Bellett March 2, 2021
• Privacy and the Board – Responsibilities and Liabilities by Kristél Kriel, Matthew Barnes March 2, 2021

Together: A Collaborative Family Law Blog (Evans Family Law Corporation)

• A Summary of Canada’s Divorce Act Changes by Kelly Riediger April 1, 2021

Robson Crim Legal Blog

• Issues Surrounding Pre-Conviction Abstention
• Reflections on the Victims Bill of Rights by A. Daub (UOttawa LLM Program)
• Authority Figures & Evidence of Inducement in Sexual Assault Cases: Snelgrove-by Katie MacDermaid
• Sowing The Seeds Of Tragedy: Loud Parties, Mischief and Warrantless Entries by John Burchill
• Dr. Kjell Anderson Joins Robsoncrim.com Editorial Board
• Assessing Trigger Warnings, Evaluative Instruments, and Articling Integration in Canada’s Law School
• R v Esseghaier – Zelene Elliot
• Pre-Sentence Credit In The Age Of COVID-19 – Bailey Silva
• In The Wrong Place At The Wrong Time: R v Coutu – Gustavo da Roza
• Reasonable Parole Eligibility Periods – Derek J. Novosel
• The Fine Line of Language and Entrapment – R. v. Ahmad – Cole McClelland
• Scales of Justice: Rehabilitation and Accountability – Jenna Symons
• Discrimination in Ontario’s Sex Offender Registry: Ontario (A.G.) v. G 2020 – Sandra Barkho
• The Modified Objective Test – R v Chung 2020 SCC : Keenan Fonseca
• The Ethic of Precrime in a Surveillance Society – L Ayres
• The Lasting Impact of a Momentary Action – R v Chung: Eva Kwong
• “Dancing on the Head of Pin”: Entrapment’s Concerning Development in R v Ahmad – Liam Keller
• Canadian Terror: Multi-Disciplinary Perspectives on the Toronto 18 Terrorism Trials
• Ontario (Attorney General) v. G – Nikolai von Schilling
• When is an eggplant evidence of sexual harassment?: Interpreting emoji evidence in the courtroom
• Expert Qualification and Reliability of the Expert Opinion are Separate Legal – C Boyd
• The Gatekeepers: Improper Exclusion of Expert Evidence and the Pitfalls of Admissibility Analysis
• The R. v. H.( R.A.) Appeal and the Mishandling of the Video-Recorded Evidence of Youth Victims
• British Columbia Civil Liberties Association v Canada (Attorney General) – M McGowan
• Case Analysis – Minister of Community Services v J.M. and R.R. 2018 NSCA 71 – B Morris
• The Thin Blue Line of Reasonable Suspicion: R v Ahmad – Dustin Seguin
• The Jordan Framework Works, but for Whom? -Nicholas Mark
• Moving in the Right Direction -SJ
• R v. Williams – A Lawful Application of s. 215 of the Criminal Code – Bob Smith
• R v Kirton and the Effects of Psychological Assessment on Sentencing – Nicholas Warsza
• R v Friesen – A Crash Course in Sentencing Child Sexual Offenders in Canada – Daniele Blanchard
• R v. Desautel under Van der Peet – is Section 35(1) bound to geography? By Danielle Blanchard
• Gladue Factors and the Sentencing of Indigenous Peoples: R v Okemow – Mackenzie Cardinal
• R v. Soulier – Inadequacy in the Uneducated Winnipeg Police Force: Jodi Plenert
• R v Ahmad & R v Williams – Matisse Emanuele
• Dangerous Driving in Canada: A Summary in Light of R v Chung – A Bains

Manitoba Legal Blog Round-Up

by George Roy | Mar 4, 2021 | Blogs, Current Awareness

A bi-monthly consolidation of blog posts from around the Manitoba legal community for the months January and February 2021

Clarke Immigration Law

• MB Enhanced ID Program Cancelled January 29, 2021
• Extradition Request: Nygard January 25, 2021
• New PGWP January 13, 2021
• Lessons from 2020 December 22, 2020
• Remedies for Visitor Visa Refusals December 17, 2020

Robson Crim Legal Blog

• Sexual Assault Myths Persist in Court – M Filyk Feb 26
• Mandatory Minimum Sentences, Cruel and Unusual Punishment? – Sierra Bednarz Feb 24
• A Mind for Criminal Law–Automatism, Autoimmune Encephalitis & other Medical Conditions-Natasha Ellis Feb 23, 2021
• Cops Gone Wild: R. v. Letkeman- April Lount Feb 23, 2021
• Defund the Police Part I: Abolish the Police? – Chris Dick Feb 22, 2021
• Protecting or Restraining: Incapacity to Consent – Audrey Bews Feb 19, 2021
• The Legality of Arrest in R v. Coutu – Noah Curle Feb 18, 2021
• The Elimination of Preemptory Challenges is Not Enough -Brayden Gray Feb 17, 2021
• Why the Innocent May Falsely Confess: A Perusal of the Reid Model of Interrogation – Estelle Brooks Feb 16, 2021
• Dynamic Entry: Preservation Over Protection – Avery Marshall Feb 11, 2021
• Police Error, Misconduct, & Bias: Preventing Wrongful Convictions Starts at the Investigatory Level by Louise Turner Feb 10, 2021
• Cellphone Privacy & Warrantless Search & Seizure – Barnaby Clem Feb 9, 2021
• Indigenous Peoples & Wrongful Convictions: Preventing Overrepresentation in the CJS – Chase Baxter Feb 6, 2021
• Mandatory Minimums: A Miscarriage of Justice by Jan Kelley Feb 5, 2021
• IP, Encryption, And The Threat To Public Safety By Matt Malone Feb 3, 2021
• The Long and Winding Road to Justice for the Wrongfully Convicted in Canada – Charlie Newton Feb 1, 2021
• The Myth of the Black Rapist & Wrongful Convictions in Sexual Assault Cases in the United States Jan 30, 2021
• Bail in the COVID-19 Era – Kay Greene Jan 29, 2021
• Hart Failure: Assessing the Mr. Big Confessions Framework Five Years Later by Christopher Lutes
• The Dualistic Role of the Media in Wrongful Convictions – Francis Gordon Jan 22
• The Fragility of the Human Memory – Annie Strickland Jan 21, 2021
• If You Do Not Have Anything Nice to Say: Charter Issues with the Offence of Defamatory Libel Jan 18, 2021
• Criminal Law During (and After) COVID-19 by Terry Skolnik Jan 18, 2021
• Michael Pearce and the Reid Technique: Highlighting the Risks of False Confessions – Mason Munoz Jan 15, 2021
• The Dangers of a Punitive Approach to Victim Participation in Sentencing: by Elizabeth Janzen Jan 12, 2021
• Moving to an Independent Wrongful Conviction Review Process – Curtis Webster Jan 12, 2021
• Early Prints: “The Slow Death of the Reasonable Steps Requirement for the Mistake of Age Defence” Jan 4, 2021
• Landlords and Criminality by G Holmes Dec 22, 2020
• Genetic Genealogy: Where is Consent? – E. Burgess Dec 18, 2020
• R. v. Oghieakhe – V. Dolton Dec 14, 2020
• Mandatory Minimums: A Miscarriage of Justice – L Palmer Dec 4, 2020
• What Types of Offences Should Apply to Criminal Code Rules on Organizational Crime? Dec 1, 2020
• Corporate Criminal Liability 2.0: Expansion Beyond Human Responsibility by Eli Lederman, Dec 1, 2020
• Let Us Rid our Justice System of a “Stereotypical Offender” Narrative – A. Avril  Dec 1, 2020
• The Dangers of a Punitive Approach to Victim Participation in Sentencing: Victim Impact Statements by Elizabeth Janzen Dec 1, 2020

Matthew Gould Blog (Criminal Law)

• How To Know If You Need A Criminal Lawyer February 25, 2021
• Is It A Crime To Drink In Public? January 25, 2021
• What Does “Crimes Against The Person” Mean? December 29, 2020
• Major vs. Minor Traffic Convictions November 26, 2020

Taylor McCaffrey

• Everything you always wanted to know about amendments to the Divorce Act, but were too afraid to ask  by: Lawrence I.Z. Pinsky February 26, 2021
• Can a contract be formed by an exchange of emails? by: Kristen Wittman February 24, 2021
• Can Manitoba employers legally discriminate against employees charged with a criminal offence? by: Peter Mueller February 22. 2021
• Surrogacy in Canada by: Robynne Kazina February 19, 2021
• Adopting an Adult Child in Manitoba by: Robynne Kazina February 17, 2021
• Failure to file Notice of Change of Limited Partner  by: Kristen Wittman February 16, 2021
• Adopting a Step Child in Manitoba by: Robynne Kazina February 11, 2021
• “Three, Two, One” Help for Collaborative Communication by: Patricia C. Lane, Q.C. February 9, 2021
• Limited Partnerships, Partnerships, Fiduciary Duties by: Kristen Wittman February 5 2021
• On Fair Hearings – Thoughts on Procedures in Practice by: Lawrence I.Z. Pinsky February 01 2021
• What is a reasonable offer to settle under s. 37.1(2) of the Manitoba Human Rights Code? by: Kelby Loeppky January 25, 2021

Pitblado Law Blog

• Conflict of Interest Provisions for Securities Registrants in Effect as of June 30, 2021
• The impacts of COVID-19 on common law reasonable notice periods Published on 23.02.21

TDS law

• Reopening Your Business in A Pandemic: Privacy Concerns Related To Precautions by Kendall (Dell) Dyck February 19, 2021
• The Basics of Incorporating A Business by Mason Broadfoot January 25, 2021
• TDS Partners with North Forge Technology Exchange: Legal Open Office Hours Program January 06, 2021

MLT Aikins

• Some Evidence of Harm Hard to Come By by Jason Mohrbutter, Kristél Kriel, Nicole Graham February 24, 2021
• Insolvency & Restructuring Group 2020 Year-in-Review February 24, 2021
• Top Legal Risks and Tools for Online Operations by Kristél Kriel February 19, 2021
• Feds Circumvent Provinces to Regulate Handguns Through Municipalities by Milad Alishahi February 18, 2021
• Professionals Beware: Cyberattackers are Targeting You by Kristél Kriel, Nathan Schissel February 17, 2021
• Supreme Court Rules on Exercising Contractual Discretion in Good Faith Jason Mohrbutter, Milad Alishahi, Allison Graham February 12, 2021
• Preparing Your Workplace for When Cupid’s Arrow Strikes by Ashton Butler, Katie Newman
• Manitoba Critical (Red) Level Extended to March 5 as Restrictions Ease by Christian Monnin, Dany Théberge, Christine Jeroski February 12, 2021
• Employee Privacy and Disciplinary Actions by Kristél Kriel, Brent Matkowski, Nicole Graham February 10, 2021
• A 20/20 Perspective on COVID-19’s Impact on Contracts by Jason Mohrbutter, Shawna Sparrow February 3, 2021
• Trends in Agricultural Data Collection and Analytics by Danielle Graff February 3, 2021
• Is Mandatory COVID-19 Testing for Employees Reasonable? By Jana Linner, Shandra Czarnecki, Ashton Butler February 2, 2021
• Termination Appropriate for Employee Who Ignored Self-Isolation Rule by Shane Buchanan January 27, 2021
• Inadvertently Disclosed Information – Non-Privileged but Confidential Vanessa Mensink, Thomas W. Clifford January 25, 2021
• New Federal Anti-Harassment and Violence Legislation Now in Effect by Arooj Shah, Walter Pavlic, Q.C. January 20, 2021
• Will Your Termination Clause Stand Up in Court? By Jana Linner, Megan Kheong, Jianna Rieder January 20, 2021
• Further Expansion of Manitoba Bridge Grant; Eligible Businesses to Receive Second Payment by Dany Théberge, Christine Jeroski January 15, 2021
• How Can Your Organization Prevent Insider Privacy Threats? By Nathan Schissel, Kristél Kriel, Matthew Barnes January 6, 2021