Mistrial as Remedy for Delay

A recent Ontario Superior Court decision determined that a mistrial was the only solution for a personal injury jury trial which grossly underestimated the anticipated trial time requirement. In an extremely detailed, thoughtful decision, Justice Leach considered all the parties to the trial in coming to his regretful conclusion.  

[16]           For the sake of all the many stakeholders in our justice system, described above, all counsel need to be disabused of any notion that their trials will be allowed to proceed for as long as they may take, once they are underway, regardless of confirmed trial duration estimates.

Civil jury trials are extremely rare in Manitoba, so this situation is not likely to come up, however, the issue of delay and the inadequacy of court facilities is a national issue. 

Ismail v. Fleming, 2018 ONSC 6615

H/t “What’s hot on CanLII this week” 

Criminal Law – New Titles in the Library

Two new titles have been added to our collection:

Related Titles in the Library:

Newsletter Subscriptions:

  • Watt’s Criminal Law and Evidence Newsletter
  • Alan D. Gold’s Criminal Law NetLetter
  • Impaired Driving NetLetter
  • Segal’s Motor Vehicle and Impaired Driving Newsletter
  • Police Powers Newsletter

Our Current Awareness service is offered to members of the Law Society of Manitoba. To receive the latest issues right to your inbox, contact the Manitoba Law Library by phone, email, or in person and we will be happy to add you to our distribution list.

To view our other available subscriptions or for more information, visit our Current Awareness guide. 

Contents Update – Canadian Labour & Employment Law Journal

Volume 21 No. 1, 2018 of the Canadian Labour & Employment Law Journal has arrived in the library.

Table of Contents

  • A Legal Framework to Govern Online Political Expression by Public Servants by Amanda Clarke & Benjamin Piper
  • Honda v. Keays – Employer Shield or Employee Sword? An Empirical Analysis by Bruce Curran
  • Deepening the Delusion in the Regulation of Temporary Help Agency Employment by Timothy J. Bartkiw
  • Management Consultants and the Employees of their Client Organizations: Towards a Model of Employee Protection by Pnina Alon-Shenker
Commentary on Cases, Legislation and Policy
  • Unclear and Unconvincing: The Standard of Proof in Police Discipline Cases after Jacobs v. Ottawa (Police Service) by Patrick Simon
  • Harper v. LafargeSummary Judgment and the Assessment of Reasonable Notice in Wrongful Dismissal Cases by Patrick Hart

New Book Display: New Professionals

Are you new to the profession, practicing a new area of law, or new to the library? We’ve created a display with you in mind! This month at the library we’ve collected a few of our materials that will help you get started.

Also featured on this display is a list of our current awareness newsletters.  This is a service we offer to members of The Law Society of Manitoba to help professionals stay current. We send out updated issues of newsletters from LexisNexis and Westlaw. To be added to our distribution list, email library@lawsociety.mb.ca

If you’re new to the library, we’ve put together an information sheet that breaks down what we subscribe to both electronically and in print, and the services that we offer.

Titles on display are:

To take out one of these books, please see a staff member.

ICLR Weekly Case Law Update

Occasionally, members request decisions and legislation from the United Kingdom. In order to fill that need, we subscribe to ICLR, The Incorporated Council of Law Reporting for England and Wales. Each week we receive the Weekly Case Law Update. We plan to make this a regular Monday feature for readers of Great LEXpectations.

If, after reading the digest, you would like a copy of any of the decisions, please contact us and we will be happy to provide it to members of the Law Society of Manitoba.

Here’s the Weekly Case Law Update for July 30, 2018. 

The Great Library will be closed from December 25, 2024 to January 1, 2025 for the winter holidays. Regular office hours will resume on Thursday, January 2, 2025.