New Titles added to our collection

The Library has received a number of new books now available for lending. See below for a list as well as summaries of these new additions.

Estoppel – 2nd ed. by Bruce MacDougall, “Estoppel is understood at a basic level by many lawyers, but this set of legal doctrines is highly complex and filled with such confusing terminology, such that it poses a challenge for both practitioners and scholars alike. This is the first Canadian text book that clarifies the subject matter from a Canadian legal standpoint and deals with its complexity and subtleties in a manner that’s easily understood. Written by a veteran University of British Columbia law professor, this civil litigation book pulls together various aspects of estoppel into one place, saving readers valuable research time, while educating them on the rules and principles of estoppel in a clear and organized manner.”

Legal and Legislative Drafting – 2nd ed.  by J. Paul Salembier, “Drafting complex legal and legislative documents can be challenging. From the organization of complex ideas to ensuring clear and unambiguous language, legal and legislative drafting is an onerous task. Mistakes can be costly – even catastrophic -for lawyers who face malpractice claims if drafting errors cost their clients money. Those charged with drafting legislative or legal documents need a solution to help them navigate through these challenges.”

Impaired Driving in Canada – 5th  ed. by Joseph F. Kenkel, “The Honourable Mr. Justice Joseph F. Kenkel analyzes every step of the impaired driving case, from the roadside stop through to sentencing. This book provides coverage of an offence where, according to one Parliamentarian, “every word and every comma in every section has been litigated”, and is an indispensable companion for all members of the criminal law bar and bench..”

The Canadian Law of Mortgages – 3rd  Edition by Joseph E. Roach, “The third edition of this book, cited numerous times by the court in every major Canadian jurisdiction, fully updates you on the law of mortgages in Canadian common law jurisdictions. Author Joseph Roach delves into problems and questions that real estate practitioners tackle on a daily basis.  The result is a fast, efficient reference of a national scale.”

The Executor’s Handbook – 6th ed. by Jennifer A. Greenan, “From making funeral arrangements, to the final distribution of the estate, the administration of an estate can be a complex, multi-faceted and often emotional task. The Executor’s Handbook is a comprehensive and practical resource designed to assist the executor, administrator or liquidator with this undertaking, and provides the information and direction required to administer an estate in Canada, from start to finish.”

Dispositions Without Trial – 3rd ed. by Robert J. Van Kessel & Edwin G. Upenieks, “This civil litigation reference has been updated to account for changes in the law since the previous edition published in 2007. It provides guidance for evaluating and conducting motions for summary judgment, for determination of issues before trial and for dismissal without delay.”

Commissions of Inquiry by Stephen Goudge & Heather MacIvor, “As noted in the preface to this volume, “Commissions of inquiry have been a part of the Canadian experience since before Confederation.” Public inquiries of various kinds have profoundly affected Canada’s history and society, from Lord Durham’s Report in the 1840s to the delivery of health care in the 21st century. Commissions of Inquiry summarizes the history and evolution of Canadian inquiries and provides a detailed analysis of their current role and procedures. It emphasizes the rights and duties of inquiry participants; the variety and flexibility of public inquiries as a tool for investigation and policy-making; the exceptional powers and discretion vested in Commissioners and their staff; and the growing impact of judicial review on their work. The book casts new light on such perennial concerns as transparency, accountability, public participation in policy-making, and healing for people affected by tragic events.”

– all summaries taken from publisher’s website.

New Library Resource

The Law of Bail in Canada — 3rd edition by Gary T. Trotter is now available for loan.

A continually updated resource that covers all aspects of judicial interim releases from all jurisdictions across Canada. The latest release highlights recent legislative developments from amendments to the Criminal Code and Youth Criminal Justice acts, as well as discussions to changing terminology.

As always, the library can provide electronic excerpts or sections of the text, within copyright guidelines, by email for those unable to make it to the library in person. Just send us an email with your request.

New Online Titles

These titles have been newly added to our online collection on DesLibris which is available behind the Member’s Portal:

The Law of Torts – 6th edition by Philip H. Osborne
“The sixth edition explores current trends in judicial decision-making by incorporating significant developments in the law, including a discussion of Supreme Court decisions in the areas of psychiatric injury in negligence law, the scope of the duty of care in negligent misrepresentation, and the role of intervening causes in negligence litigation. The text also discusses new initiatives in the areas of privacy, the responsibility of lawyers who refer their clients to other professionals, human trafficking, and anti-SLAPP legislation.”

International and Transnational Criminal Law – 3rd edition by Robert J. Currie and Joseph Rikhof
“This third edition updates caselaw and international practice from Canada, including substantial revisions relating to the prosecution of cross-border crimes. It also combines examinations of international courts and tribunals, transnational criminal law treaties, and recent literature to provide a unique perspective on these two international law disciplines that, while best viewed as separate, retain a common heritage and some overlapping concepts and applications.”

The Canadian Class Action Review, Vol. 15, No. 2

  • Introduction, Harvey T Strosberg
  • Linking Societal Injustice and Legalization: Potential of Canadian Class Actions in Addressing International Human Rights Violations Committed by Canadian Corporations Abroad, Terra Duchene
  • Class Actions, Climate Change, and the Charter: Is Success Possible in Common Law Canada?, Eliza Lynn Brown
  • Public Health Inquiries and the Class Action Fall-Out, Barry Glaspell
  • L’oratoire Saint-Joseph Du Mont-Royal V JJ and the Growing Complexity of Quebec’s Authorization Criteria, Shaun E Finn
  • If It Ain’t Broke, Don’t Fix It; If You’re Not Sure, Measure Again: Strengthening the Imperfect Mechanics of Class Authorization, Patrick Visintini
  • Crown Immunity in Class Proceedings: The Injustice of Barring Institutional Historical Abuse Claims, Emily Leduc Gagné

Find these books and many more on DesLibris. If you require assistance please contact us at library@lawsociety.mb.ca or check out our library guide on DesLibris here.

Journal Updates

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

New Library Resources

The Library has recently added the following new Continuing Professional Development resources to our collection.

  • Companies Online – A Live System Demonstration
  • Drafting Wills 101
  • Estate Administration 101
  • 2018 Hot Topics in Real Estate
  • Evidence “Rules” Every Family Law Lawyers Needs to Know
  • All About Bail Applications
  • The Bills of Exchange Act
  • 2019 Hot Topics in Real Estate

Click here to browse our entire collection of CPD material