The library’s collection continues to be updated and expanded with new editions and titles, with the latest update to Widdifield on Executors and Trustees. Read below for a summary of this authoritative title and then keep scrolling to see what over resources we have in the area of Wills and Estate Law.
“This seminal classic of Canadian legal literature has been completely revised and updated by an author team drawn from the front ranks of the profession nation-wide.
“Widdifield on Executors and Trustees offers a comprehensive exposition of the law relating to the exercise of the duties and prerogatives of the executor or trustee in Canadian law.
“Each of the 17 original chapters has been brought up-to-date with case law and legislation from all jurisdictions to provide a national perspective. To reflect the development of the law in this area since the previous edition, a new chapter focusing on the impact of family law upon the administration of estates has been added.”
The library has several other recent texts to help solve your Will and Trusts questions.
Lewin on Trusts — 20th ed. KF 730 .L4 2020 Lewin on Trusts gives an in-depth analysis of both general principles and practical considerations, covering all aspects of trusts law, including creation of trusts, jurisdiction and choice of law, the role and duties, indemnity and remuneration of trustees, the rights of beneficiaries, dispositive and administrative powers concerning trusts, trust proceedings and remedies, and regulation of trusts and trustees.
“…examines both the general and the technical issues that can arise in this area of the law, and deftly combines advice on the substantive law with useful drafting direction. The commentary covers the full range of practical concerns that underpin trust drafting, and highlights the possible problems practitioners may encounter, from coast to coast..”
“…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.”
Newsletters and Current Awareness
For the most current information be sure to watch our blog for regular updates to our newsletters.
Estates trusts and Pensions journal – “covers new trends in estates and trusts with special coverage of pensions issues. Informative articles, insightful comments on important cases and new legislation, along with a discussion of useful texts in the area, make this a critical tool for anyone involved in the estates, trusts and pensions areas, such as lawyers, trustees, actuaries, custodians, and accountants. Published four times a year, each edition is packed with vital information, saving you time, while ensuring you stay current on the latest issues.”
WeirFoulds Estates & Trusts Newsletter – Reports and comments on recent court decisions and other developments in Canadian estates and trusts law. This newsletter is part of our Current Awareness journals that are available for Law Society Members. If you are interested in receiving regular emails of any of these newsletters email us at library@lawsociety.mb.ca
This helpful resources is available in the library on our workstations. It includes primary sources, commentary, precedents, and finding tools for planners, administrators and litigators.
See our full Wills Collection for even more titles and resources.
by Eric V. Gottardi, Jennifer A. MacLellan, Michael Lacy, Robin Flumerfelt
Qualifying and Challenging Expert Evidence is an essential guide for legal practitioners and expert witnesses participating in a criminal trial. Applicable to Crown, defence counsel, and the judiciary, this handbook uses clear and concise language to address all aspects of expert witness testimony from start to finish.
Authored by a respected team of cross-national legal experts, Qualifying and Challenging Expert Evidence integrates varied perspectives to achieve a balanced, engaging, and comprehensive approach unmatched by any other resource. It maintains a practical focus while weaving strategic guidance with an analysis of case law and the relevant provisions of the Criminal Code and the Canada Evidence Act.
Ranging from psychiatry to forensics and from pathology to technology, this resource will prepare legal practitioners for the procedural, tactical, and strategic elements of qualifying and challenging expert witnesses in criminal cases.
“…Maureen McTeer explores key medical, research, and legal developments in assisted human reproduction since the birth of the first IVF baby in 1978. With keen insight, she analyses how Canada has responded to the many legal and societal opportunities this foundational reproductive technology has created…”
“Christopher Waters, a law professor and cycling advocate, provides a comprehensive overview of the Canadian law on bicycles. The book covers rules of the road, purchasing and using bikes, what to do in the case of a crash or a stolen bike, starting up your own cycling club, racing your bike, and much more.”
” a thoroughly researched resource that will be useful for anyone working with or establishing public policy with respect to children who have experienced sexual abuse.”
“a comprehensive and critical examination of Canadian policing from its colonial origins to its response to the February 2022 blockades and occupations. …offers concrete proposals for reforms to the RCMP, use of force policies, better community safety plans, and more democratic policing.”
New titles and updated editions have now arrived at the Great Library. While we are temporarily closed in person, we can still provide scanned sections of these titles or arrange for pick-up and drop-off. Contact us at library@lawsociety.mb.ca for more information.
Regulatory Law & Practice, 3rd ed.
“While legal professionals are no strangers to regulations, the perplexity of the mechanisms to challenge the validity of regulations and rules makes regulatory law an area of specialized knowledge beyond the reach of most lawyers and government officials. The process by which regulations are made, and the controls imposed by legislatures on the law-making powers of regulators, are also a ‘black box’ little understood by government officials and legislators themselves. Regulatory Law and Practice, 3rd Edition takes a multi-jurisdictional approach to regulatory law principles and regulatory processes, describing case law and regulatory processes in jurisdictions across the Commonwealth and beyond.”
The Doctrine of Res Judicata in Canada, 5th ed.
“The definitive resource on an important legal doctrine: why a person can only sue or be sued once for each case. The book’s analysis, terminology and description of the law have been adopted by the Supreme Court of Canada, and have been cited on numerous occasions by provincial trial and appellate courts and by tribunals across Canada. The text provides a comprehensive distillation of the res judicata doctrine that has evolved in 200 years of Canadian jurisprudence.“
The Law of Privacy in Canada, 3rd ed.
Author Michael Power is a leading authority on Canadian privacy law and issues concerning the protection of personal information. The Law of Privacy, 3rd Edition is a comprehensive treatise providing a thorough overview of Canadian privacy law and includes two main sections:
Personal Information Protection in Canada – Legislation and statutes; the meaning of “personal information”; the collection, use and management of personal information in the public, private and health sectors; security and breach notification; borders and boundaries; and enforcement;
Privacy – Common law and arbitral decisions; privacy and the Charter; privacy in Canadian tort law, criminal law, and employment.
This book also features a helpful annex that provides guidance on how to manage personal information, including how to build privacy management frameworks and the privacy issues that must be addressed in outsourcing and procurement.
The Encyclopedic Dictionary of Canadian Law
“From the very first entry (“A or a”) to the last (“ZZZZ”), it is clear that this new publication is the most comprehensive Canadian legal dictionary available. It is a thoroughly contemporary, truly essential resource that even includes definitions of common acronyms now used in text slang – a useful addition given the extent to which text messages are now used as evidence in criminal proceedings.”
Drafting Wills in Canada — 3rd edition
“Helpful examples of good and bad drafting, along with dozens of practical tips both for drafting and for managing a wills practice.
What’s New In This Edition?
New chapter on First Nations Estates under the Indian Act
Comprehensive tax matters section in the Business Interests chapter providing an overview of common income tax planning issues for business owners in the context of estate planning
Recent case law, as well as key changes to federal tax law and wills and attorney legislation in several provinces
Updated content on dealing with digital assets, charitable giving and graduated rate estates
Dangerous Offender Law
“This new publication is a comprehensive, yet accessible, overview of dangerous offender law in Canada. Written by three experts in the field, including defence counsel and intervenor from the landmark R. v. Boutilier case at the Supreme Court of Canada, Dangerous Offender Law presents criminal justice participants and the Canadian public with a long overdue guide to understanding the complex sentencing regime set out in Part XXIV of Canada’s Criminal Code.”
New print copies of Emond’s Criminal law series are now available. A reminder that all our reserve books are available for members to borow for two days, or two weeks for items from the regular collection.
Online access is also available for Digital Evidence, Search and Seizure, and Prosecuting and Defending Fraud Cases, as well as the rest of the Criminal Law Series in the Library Resources section of the member portal.
Digital Evidence — 2nd ed. – “This is the first comprehensive text on this facet of law. It is designed to clarify the nuances of the authentication and admissibility of digital evidence, privacy rights, the uses and limits of social media evidence, and the search and seizure of electronic devices. This text also explores the ways in which law enforcement can access digital data in the hands of third parties, including the various powers created by Bill C-13 (S.C. 2014, c. 31 Protecting Canadians from Online Crime Act).”
Search and Seizure – “Search and Seizure provides a practical examination of the evolving body of legal rules and principles that govern how reasonable searches and seizures are conducted. In particular, it considers the increased complexity of assessing a person’s reasonable expectation of privacy in the digital age. This handbook addresses central concerns and relevant topics such as Section 487 Search Warrants, computer device searches, warrantless searches, and exclusion of evidence.”
Modern Criminal Evidence – “the first major treatise to provide a truly practical and comprehensive guide to criminal evidence law in Canada. Unlike other texts in this area, this book’s practical approach guides readers through evidentiary issues in all components of criminal law, providing indispensable insight from Crown, defence, and judicial perspectives.”
Prosecuting and Defending Fraud Cases, 2nd ed. – “prepares readers to properly litigate fraud cases, examining both prosecutorial and defence perspectives. Guiding readers step by step throughout the process of a fraud case, this practical resource weaves strategic information with case law analysis and relevant provisions of the Criminal Code. This edition features up-to-date legislation, additional content, updated charts, and a new chapter on cyber fraud in Canada.”
“Over the coming decades, the law surrounding motor vehicles is going to go through profound changes as autonomous vehicles become common and issues of law deriving from advances in technology inevitably arise. The definition of autonomy will be debated as we move to find new solutions to age-old problems, ranging from gridlock to human error. With the transition to, and ongoing evolution of, autonomous vehicles, the law will have to be modified accordingly. A new area of law will be needed, and with it, an assessment of how the current law can be adapted. Autonomous Vehicles: Self-Driving Cars and the Law of Canada will serve as a ready resource as courts and litigants begin the journey down this new road.”
“Despite growing societal and media attention to problems of discrimination in Canadian society, legal concepts in equality and anti-discrimination law are not widely understood. Discrimination Stories: Exclusion, Law, and Everyday Life explores diverse legal cases brought before courts and human rights tribunals to help us understand the development of anti-discrimination law in Canada. The cases take us into — and teach us about — the concrete realities of inequality in everyday life. They portray the struggles of individuals, families, and communities seeking justice and legal remedies for the harms of discrimination. The cases also reveal both the strengths and limits of anti-discrimination law. They show that equality in our human relations cannot be crafted exclusively by courts or tribunals, despite their significance and importance. Drawing on the complexity and power of discrimination stories, this book is designed to expand our collective knowledge of the evolving legal concepts at the heart of equality law.”
“The Federal Court of Appeal and Federal Court are unique among Canada’s courts because they are itinerant — they hear cases in all parts of Canada — as well as being bilingual and bijural. This book was prepared for the celebration of the fiftieth anniversary of the Federal Courts in 2021. Seventy-eight current and retired judges and prothonotaries on the two courts were interviewed and are referred to throughout the book. The authors present a brief history of these courts and their predecessor — the Exchequer Court of Canada — and an overview of the courts’ jurisdiction, decision-making trends, and unique attributes. There are chapters on each of the courts’ specialties — administrative law, immigration and refugee law, intellectual property, security and intelligence, Indigenous issues, the environment, admiralty, labour and human rights, and tax. Chief Justice Noël and Chief Justice Crampton each contribute a chapter. The preface is by Justice Frank Iacobucci and the epilogue by Justice Robert Décary.”
Visit vLex in the library resources section of the Member Portal to read this title and take advantage of vLex’s tools for creating your own comments, highlighting , searching text, linked citations, and related documents through the Vincent AI.
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Printing and Photocopying
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PLEASE NOTE:The Manitoba Law Library will be closed Monday,September 30th, 2024 for the National Day for Truth and Reconciliation. Regular library service will resume Tuesday,October 1st, 2024 at 8:30AM.