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
  
  

Manitoba Law Blogs Roundup

by George Roy | Nov 30, 2020 | Blogs, Current Awareness

A bi-monthly round-up of blog posts from the Manitoba legal community for the months of October and November 2020

Clarke Immigration Law

• Success: PR by Email November 24, 2020
• Testimony at CIMM November 19, 2020
• USA Civil War 2020 October 20, 2020
• URGENT – Parent Sponsorship October 7, 2020
• IRCC Interviews September 22, 2020

Robson Crim Legal Blog

• Concerns about Prosecuting Art Portraying Child Abuse Jordon Hildebrandt September 22
• An Empirical and Qualitative Study of Expert Opinion Evidence in Canadian Terrorism Cases MICHAEL NESBITT*AND IAN M. WYLIE
• Stigma surrounding NCRMD? – by Gavin LeBeau September 25
• The Unclear Picture of Social Media Evidence LISA A. SILVER
• R v. Cerna: Setting Aside Guilty Pleas – by N McRae September 28
• Cree Law and the Duty to Assist in the Present Day DAVID MILWARD
• R v Javanmardi – Justine Mayan October 5
• Chouhan Supreme Court Case May Solve the Peremptory Challenges Controversies in Criminal Jury Law
• A case comment on Fleming v Ontario – Nikolai Bola October 9
• R v. Poulin – P. Gutowski October 12
• R v Javanmardi – Caitlin Hentig October 17
• What is Just? – Jordan DeMerchant October 20
• Constructing, Assessing, and Managing the Risk Posed by Intoxicants within Federal Prisons
• Forensic Mental Health Assessments: Optimizing Input to the Courts October 26
• Mr. Big and the New Common Law Confessions Rule: Five Years in Review October 28
• Judicial Constructions of Responsibility in Revenge Porn October 29
• The Disappearance of Criminal Law: Police Powers and The Supreme Court – a review by C. Hentig November 4
• Fleming v Ontario – Patrick Gutowski November 10
• Harm in the Digital Age: Proactive Child Luring Investigations by Menzie & Hepburn November 17
• Victim Impact Statements at Canadian Corporate Sentencing by Erin Sheley November 18
• Moral Character: Making Sense of the Experiences of Bar Applicants with Criminal Records by H AVIRAM November 18
• The Mens Rea Defence – R. v. Zora – Prachi Sanghavi November 20
• Under Arrest? – R v Latimer – Katie Rothwell November 23

Matthew Gould Blog (Criminal Law)

• The Police Are Asking For My DNA September 24, 2020
• What Are The Levels Of Court In Canada? October 26, 2020

Taylor McCaffrey

• Paid Sick Leave: Cost or Investment? by: Jeff Palamar October 5
• Supreme Court of Canada confirms employer must pay nearly $1.1 million to former employee – Matthews v. Ocean Nutrition Canada Ltd. by: Peter Mueller October 25
• MONOJURIS: Thoughts About the One Judge Model by: Lawrence I.Z. Pinsky November 24

TDS law

• Canada’s COVID-19 Economic Response Plan regarding Taxation by Leo E.K. Palay and Stephen A. Porco September 25
• Municipalities, Reconciliation and the TRC Calls to Action by John Stefaniuk September 30
• COVID-19 and Resources for Maintaining a Safe Workplace in the Natural Resource Sector by John Stefaniuk September 30
• Client Spotlight: Winnipeg Francophone Start-up aims to Make One Billion People Smile by Mark Howe October 29
• Trust Reporting Requirements for 2021 in Canada by Leo E.K. Palay October 30
• Can I Be Sued if I Infect Someone With COVID-19? By Alyssa Mariani And Jamie Kagan November 4
• A Primer on Expropriation by Antoine Hacault November 5
• COVID-19 Employee Privacy Issues by Megan Smith and Kristin M. Kersey

Pitblado Law Blog

• Film Financing and Tax Credits – The Importance of Registration November 13, 2020

MLT Aikins

• Supreme Court Clarifies Analysis for Bonus Payments During Reasonable Notice Period in Matthews v Ocean Nutrition Canada Limited by Eileen Libby, Q.C., Calen Nixon, Mark Roney October 14
• Reinstated Travel Restrictions to Northern Manitoba and Remote Communities Effective September 4 by Christine Jeroski, Devin Wehrle, John Agioritis October 16
• Manitoba Government Proposes Changes to The Labour Relations Act of Manitoba by Shandra Czarnecki, Davis Hirsch October 16
• Manitoba Issues Updated Public Health Orders Imposing Self-Isolation for Persons Entering Manitoba and Removing Restrictions on Travel to Northern Manitoba and Remote Communities by Christine Jeroski, Devin Wehrle, John Agioritis October 20
• Federally-Regulated Employers, Are You Prepared for the New Harassment and Violence Policy Obligations? By Amy Gibson, Shay Brehm November 4
• Manitoba Introduces Bill 45: The Public Schools Amendment and Manitoba Teachers’ Society Amendment Act by Kristin Gibson, Davis Hirsch, Dany Théberge November 6