News
- The Manitoba Courts have issued an updated Electonic Device Policy effective November 12, 2025.
- Third Session of 43rd Manitoba Legislature Adjourns Until New Year
- CBC – Legal Aid to provide financial support to lawyers tasked with reviewing cases involving Winnipeg officers
- CBC – Misipawistik Cree Nation urges Manitoba to cancel December moose licences as season opens
LSM and MLL News
- Holiday Hours: We will be closed December 25, 26 and January 1, 2.
- We’re Hiring: Director of Regulation
Feature of the Month
Law Journals
The library has access to a number of legal journals, both in print and online.
Including:
HeinOnline’s Law Journal Library – A collection of more than 3,400 multidisciplinary scholarly journals. Coverage for all journals is from inception through the most currently published issues allowed based on publisher contracts. Available in online Library Resources.
Newly added to HeinOnline this month include:
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Alternatives: Global, Local, Political: explores the possibilities of new forms of political practice and identity under increasingly global conditions. Specifically, the editors focus on the changing relationships between local political practices and identities and emerging forms of global economy, culture and policy.
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Governance: An International Journal of Policy, Administration, and Institutions: provides a forum for the theoretical and practical discussion of executive politics, public policy, administration, and the organization of the state. Published in association with International Political Science Association’s Research Committee on the Structure & Organization of Government (SOG), it emphasizes peer-reviewed articles that take an international or comparative approach to public policy and administration.
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SWUPL Science and Technology Law Review: an international and professional English academic journal hosted by Southwest University of Political Science and Law. Focusing on the interdisciplinary field of science, technology and law, the journal is committed to sharing with the international community China’s achievements in promoting the rule of law in science and technology.
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Undergraduate International Law Review at Cornell: The vision of Undergraduate International Law Review at Cornell is to foster a deeper understanding of international law among undergraduates and to encourage critical thinking about the legal challenges that shape our global society. It believes that by engaging with international legal issues, students can develop the analytical skills and global perspectives needed to address the complex legal questions of its time.
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University of Chicago Business Law Review: founded with two goals in mind: provide students and academics an opportunity to publish business law scholarship through the law school and foster dialogue between practitioners, academics, regulators, and students interested in business law both in the United States and around the world.
Journals available on Westlaw and Lexis. Email us for articles or to subscribe to updates of these titles.
This month’s updates:
Appeal: Review of Current Law and Law Reform
- A No Hope Guarantee: The Cruel and Unusual Treatment of Victoria’s Bylaw Impound Scheme 2025 30 Appeal: Rev. Current L. & L. Reform 1 Nicholas Olson
- AI at the Easel or at the Photocopier? The Application of Canadian Copyright Law to AI Generated Images 2025 30 Appeal: Rev. Current L. & L. Reform 31 Youbin Seo
- Petrowest, Paramountcy, and the Single Proceeding Model 2025 30 Appeal: Rev. Current L. & L. Reform 52 Liam Byrne
- Does Canada’s Registered Charity Regime Withstand Charter Scrutiny? The Interplay between Charities, Politics, and Freedom of Expression Following Canada without Poverty 2025 30 Appeal: Rev. Current L. & L. Reform 64 Megan Walwyn
- Establishing Blameworthy Consumption: Addressing Intoxicated Violence While in a State of Automatism 2025 30 Appeal: Rev. Current L. & L. Reform 84 Olivia Meier
- Villains or Victims? Analyzing the Canada Revenue Agency’s Role in Countering Money Laundering and Terrorist Financing Offences in Canadian Charities 2025 30 Appeal: Rev. Current L. & L. Reform 107 Emilio Abiusi
Canada-United States Law Journal
- Approaches to Advancing Human Rights 49 Can.-U.S. L.J. 31 Carina Van Vliet, Avidan Cover, Sara Ghebremusse, Brian Gran
- Protecting Human Rights 49 Can.-U.S. L.J. 50 Larry Herman, Richard Newcomb, John Boscariol
- Indigenous Reconciliation and Development 49 Can.-U.S. L.J. 80 Diane Francis, Wenona T. Singel, Wayne Garnons-Williams
- Climate Change and Human Rights 49 Can.-U.S. L.J. 96 Jean-François Hould, Sonya Savage, Kristy Balsanek, Victor Flatt
- Fireside Chat: AI in Canada and the United States 49 Can.-U.S. L.J. 128 Mark Schaan, Elham Tabassi, Christopher Sands
- Panel I: Intellectual Property, Copyright, and AI 49 Can.-U.S. L.J. 142 Stephen D Burns, Jamie Simpson, Heather West, Steven Paille
- Panel II: Disinformation, Deepfakes, and the Law 49 Can.-U.S. L.J. 157 Rachel Fredman Lyngaas, Michael Cass-Antony
- Panel III: Regulatory Frameworks from Subnational to Multinational 49 Can.-U.S. L.J. 172 Marc-Etienne Ouimette, Kate Purchase, Kellee Wicker, Xavier Delgado
- True North, Strong and Free (from American Influence): The Case Against Defunding the Canadian Broadcasting Corporation 49 -U.S. L.J. 189 Tyler Rogerson
- From Free Trade to Strategic Constraints: U.S.-Led Sanctions and Export Controls Against Russia and China 49 Can.-U.S. L.J. 209 Dr. Miguel Ángel Marmolejo Cervante, Lisa Reilly Solís
Canadian Criminal Law Review
- Raising the Bar for Denying Enhanced Credit for Pre-Trial Detention 28 Can. Crim. L. Rev. 173 Colton Fehr
- Under Investigation: Revoking the Implied Licence Doctrine 28 Can. Crim. L. Rev. 187 Rebecca Crookshanks
- Remedying Delay without a Stay: Revisiting the Remedy for Section 11(b) Charter Violations 28 Can. Crim. L. Rev. 213 Ben Hoskins
- From Pixels to Pistols: Decoding the New Firearms Computer Data Offences (Section 102.1 of the Criminal Code) 28 Can. Crim. L. Rev. 241 Jean-Philippe MacKay, Thomas J. O’Leary
Canadian Journal of Family Law
- Intersecting Abuse of People and Animals in Practice: Implications of the Connection between Intimate Partner Violence and Animal Abuse for Family Justice Professionals 36 Can. J. Fam. L. 1 Amy Fitzgerald, Valerie Monckton, Kerri Thomson, Kendra Coulter
- Testing Our Faith: Why It Is Important to Study the Complexity of Client Experiences in Family Dispute Resolution 36 Can. J. Fam. L. 65 Heather Heavin, Brea Lowenberger, Michaela Keet
- Family Violence and Child Support: Abuse, Shared Parenting, and Special Expenses 36 Can. J. Fam. L. 109 Joanna Radbord
- Worthless? Victims of Family Violence and the (Non)Payment of Child Support 36 Can. J. Fam. L. 151 Joanna Radbord
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Canadian Legal Education Annual Review
- Listening to Prisoners’ Voices in a Criminal Law Class Legal Educ. Ann. Rev. 1 Sarah-jane Nussbaum
- The Storm over Academic Freedom and Collegial Governance at the University of Toronto Faculty of Law Legal Educ. Ann. Rev. 27 Anver M Emon, David Schneiderman
- Thinking Like a Practicing Lawyer as a Legal Research Methodology Legal Educ. Ann. Rev. 75 Debra M Haak
- Movement-Based Clinical Legal Education in Canada: Contexts, Opportunities and Challenges Legal Educ. Ann. Rev. 103 Charis Kamphuis, Danielle Blanchard
Dalhousie Law Journal
- Seeing Is Believing: Identifying the “Ideal Manifestation of Hidden Disability” in Ontario’s and Quebec’s Social Benefits Tribunals 48 Dalhousie L.J. 1 Pascale Malenfant
- Curricular Choices: Misconceptions Regarding Law School Courses 48 Dalhousie L.J. 1 Constance Backhouse, Holland Stille, Avery Esford
Intellectual Property Journal
- Law Behind a Paywall: Copyright as a Barrier to the Rule of Law in Incorporation by Reference 37 I.P.J. 137 Matthew Marinett
- Methods of Medical Treatment and (Mis)Use of an Invention: Clarifying Grant versus Scope of Patent Protection 37 I.P.J. 165 Wissam Aoun, Caitlyn Massad
- The Invisibility of TPMs in Academic Libraries How Digital Content Protection Has Become Part and Parcel of Platform Design 37 I.P.J. 191 Anthony D. Rosborough, Katherine Silins
McGill Journal of Law and Health
- Alcohol Manufacturers and Suppliers, Fetal Alcohol Spectrum Disorder, and the Duty to Inform 17 McGill J. L. & Health 1 Robert Solomon, Madeline Hill
- Health Care AI and the Governance of De-Identified and Anonymized Data: Balancing AI’s Big Data Needs with Strong Privacy Protections 17 McGill J. L. & Health 40 Bradley Henderson
- Developing the International Law Framework on Maternal Mortality: Ensuring Access to Emergency Obstetric Care and Safe Abortion from Peacetime to Armed Conflict 17 McGill J. L. & Health 96 Maria Sjoholm
Latest Current Awareness
Newsletters
One of our many services is the distribution of legal newsletters. Our subscriptions with Lexis+ and Westlaw Canada allow us to share their newsletters with members of the Law Society of Manitoba. These newsletters cover all areas of law. For one example of what we offer, check out the latest on criminal law with this popular title available from LexisNexis.
Health Law NetLetter
A monthly current awareness service covering cases dealing with all aspects of health care matters, including mental competency, medical negligence, discipline and professional responsibility for medical professionals, patients’ rights, medical privacy, public health, hospitals, nursing homes, and health care financing and insurance. This NetLetter does not include cases dealing with medical experts, or labour relations involving nurses or other health care providers.
The latest issue highlights matters on:
Health Care Consent Act, 1996, S.O. 1996: The HCCA does not require additional rights advice after a patient initially declines to challenge a finding of incapacity – Jawadi v. Maerov, 2025 ONCA 704
Judicial review of Health Professions Appeal and Review Board Decisions: Reasonableness and adequacy of investigations – Leigh v. Goldhar, 2025 ONSC 5276
Disciplinary matter: Informed consent focused on patient privacy and the use of video cameras – Drake v Mueller, 2025 CanLII 1101 (ON HPARB)
Can summary judgement be applied in certified class actions?: Defendant sought to have action dismissed via summary judgment – Anstead v Saskatchewan Medical Association, 2025 SKKB 160
RegQuest Newsletter
A monthly newsletter by the Honourable Mr. Justice Rick Libman, Bernard Aron, Gordon Scott Campbell and John Allen which provides expert analysis of current developments in Canadian regulatory offences and compliance, featuring highlights of important new case law and legislation. Coverage begins with May, 2008.
The latest issue highlights matters on:
Municipal authority and regulatory offences: “It’s Okay, I’d Rather Walk”: The Toronto Transit Commission, Non-Payment of Transit Fares, and the Story of Why Fare isn’t Always Fair by Lena Saleh
If you would like to subscribe to any of these publications, please email library@lawsociety.mb.ca to be added to the distribution list.
New Library Resources
New Digital Titles
“The Case for Law School is a practical, conversational guide to help prospective students navigate applying to, attending, and succeeding in Canadian law schools as well as deciding if this life-changing path is right for them.
Unsure of what to do after university and considering law school? Mid-career and wondering if you should take the LSAT?
In The Case for Law School, father-daughter duo Victoria and Christopher C. Nicholls aim to explain what applying to and attending law school really involves today. Taking the intimate form of a fireside chat between a law professor and a potential student, the book gives special insight into the ins and outs of being and becoming a Canadian lawyer. It includes the history of the Canadian common law system and practical information on legal education. Carefully exploring the law school application process and offering a glimpse of what an aspiring law student might encounter in a Canadian law school classroom, this text includes niche insight into thinking like a lawyer and the Socratic method, the role of statutory interpretation, and what qualifying as a lawyer in Canada really requires.
Whether you’re already certain or are still on the fence, this book presents a reasonable and grounded guide for making a life-changing career choice. Practical and personable, the authors make The Case for Law School, but only you can be the judge of whether or not it’s right for you.” – from publisher’s website
Events
Upcoming Events
Substantive Law
Administrative Law
Gullu v Access River East (Director), 2025 MBCA 102: Applicant sought leave to appeal a decision of the Social Services Appeal Board which found an over payment of EIA benefits. This was due to funds received partly through the sale of assets outside of Canada and in part to a gift of raised by members of the applicants’ church in Canada. The gift was mistakenly included in the assessment, and with it excluded, there was no error of law or jurisdiction. Appeal dismissed.
Civil Litigation
Gobeil v. Goldman, 2025 MBCA 98: Application for solicitor and client costs stemming from dismissed motion to vary order. Solicitor and client costs are rare and require extraordinary circumstances, Young v Young, [1993] 4 SCR 3 at 134. The “stay motion was without foundation, utterly without hope and an abuse of process.” Respondent required to pay solicitor and client costs.
Eert v. Petkau et al., 2025 MBKB 143: Plaintiff claims defamation and negligence due to statements made in an internal report that was made public. Elements of defamation are given in Grant v. Torstar Corp., 2009 SCC 61. Defendants rely on qualified privilege (Bent v. Platnick, 2020 SCC 23, para. 121), fair comment (Hansman v. Neufeld, 2023 SCC 14, para. 96), and responsible communication. While all of the statements were found to defame the plaintiff, the defendants were only found to be liable for the republication of one of the statements. The court provisionally assessed total damages at $10,000, attributing $2,000 to the republication of the fourth statement.
Norfield Enterprises Ltd. v. Comtech (Communication Technologies) Ltd., 2025 MBKB 136: Analysis regarding: a judge’s discretion to set aside default judgment, citing Thermo Applicators Inc v CIR Mechanical Installations Ltd et al, 2016 MBCA 94 and Schaworski v. Unrau, 2024 MBKB 150; Solicitor-client costs under KB Rule 20A. Defendant was awarded tariff costs for its motion to set aside default judgment, while plaintiff was granted tariff costs for the setting aside of the noting of default.
Criminal Law
R v. Heinrichs, 2025 MBCA 101: Sentence appeal. Accused argues that the judge’s weighing of relevant factors was unreasonable. The court discusses the principles of deterrence and denunciation, the “no-free-ride principle” (R v McLean, 2022 MBCA 60). As well as the deference that should be given to a judge’s weighing of Gladue factors in assessing moral culpability (R v St. Paul, 2021 MBCA 31). Leave to appeal granted, but appeal dismissed.
R v. Isaac, 2025 MBCA 94: Crown appealing CSO sentence for drug offense. Trial judge erred in principle by failing to apply the appropriate framework set out in R v Proulx, 2000 SCC 5 and R v Fice, 2005 SCC 32. Determination of sentence ranges for an accused’s level of involvement laid out in R v Rocha, 2009 MBCA 26. CSO set aside and a term of thirty-six months imprisonment imposed, with custodial portion stayed due to accused current efforts at rehabilitation.
R v. Darch, 2025 MBCA 95: Accused seeking order to appoint counsel to assist in appeal of conviction. Claims of ineffective counsel during trial. Test to assign counsel stated in R v Becks, 2025 MBCA 69 at para 23. Court cited R v Ramos, 2020 MBCA 111 as prerequisites for ineffective counsel. Accused found to have had multiple opportunities to correct counsel or raise concerns. The court was “not satisfied that it is desirable in the interests of justice to appoint counsel as the ground of appeal advanced does not have arguable merit.” Motion dismissed.
R v. Lavallee, 2025 MBKB 142: Sentencing decision, accused pled guilty to charges related to causing death while driving impaired. Sentence ranges were established in R. v. Ruizfuentes, 2010 MBCA 90, but have since trended upward. The accused showed genuine remorse, started in addictions counselling, and has contributing Gladue factors. Accused sentenced to 5 ½ years, less time served, and a 10 year prohibition on driving.
R v. Packuluk, 2025 MBKB 140: Voir Dire on Admissibility of Statement of Deceased Witness. The witness was interviewed twice by police, only the second was videotaped and it was made under oath. As the witness is deceased, the statement meets the admissibility criteria of necessity. The test for threshold reliability is laid out in R. v. Bradshaw, 2017 SCC 35, at para. 27. The court found issues of trustworthiness and did not admit the statement into evidence.
R v A.A., 2025 MBPC 74: Sentencing decision. Offender turned himself in and pled guilty to two sexual violence offences against children. Defence proposes the offender should be given substantial credit for his cooperation. They argue doing so would be consistent with points made in R v Friesen, 2020 SCC 9 at paras. 46 and 67, which concern the under-reporting of sexual offences. Defence argues a substantial credit would give offenders an incentive to self-report themselves to authorities. While the court did not agree, Guénette, P.J. stated at para. 119, “it is not my intention to either fully endorse or categorically reject the notion of a substantial credit in future cases.” A total custodial term of 12 years and ancillary orders were imposed.
R v. K.M., 2025 MBPC 73: Motion for direction. Accused claims most of the text messages in his possession are not records as defined at s. 278.1 of the Criminal Code, and as such would not be subject to the records screening regime. Procedure for a motion for direction is set out in R v. A.M., 2020 ONSC 1846. R. v. J.J. 2022 SCC 28 provided guidance and a framework to assist in determining whether a record falls within the category of a non-enumerated record.
Please note: the following has been generated by AI analysis by CanLII (Generated on 2025-11-14).
R c Bakaotavo, 2025 MBPC 68: La Cour applique le cadre d’analyse établi dans l’arrêt R. c. W. (D.) pour évaluer la crédibilité et la fiabilité des témoignages. Le témoignage de l’accusé est jugé crédible et fiable, tandis que celui de la plaignante est jugé incohérent et peu fiable en raison de son état d’ébriété avancée et de ses souvenirs fragmentés. La Cour conclut qu’il existe un doute raisonnable quant à la culpabilité de l’accusé pour les voies de fait. Cependant, l’accusé admet avoir violé les conditions de son ordonnance de mise en liberté, ce qui justifie les déclarations de culpabilité sur ces chefs (par 8-10, 33-37).
Family Law
Ladoski-Kolbuck v Kolbuck, 2025 MBCA 100: Issues of jurisdiction and procedure, which are reviewable for correctness (see Forsythe v Labossiere, 2022 MBCA 28 at para 11; Waraich v Director of Employment Standards, 2020 MBCA 76 at para 11). In-depth discussion regarding judicial discretion to secure a support obligation under the Divorce Act and the Family Law Act, as well as the family proceedings case flow model and the principles of natural justice (Aquila v Aquila, 2016 MBCA 33).
Shymanski v. Shymanski, 2025 MBKB 137: Appeal of an Associate Judge’s decision to dismiss the respondent’s motion to dismiss action for delay. General principles regarding an appeal pursuant to KB Rule 62.01, were clarified in Re Parkinson Estate, 2024 MBCA 52. Issues of financial disclosure in family law discussed, citing K.A. v. R.L., 2021 ONSC 2380, among others. The importance of child support in light of KB Rule 24.01 and 24.02, and D.B.S. v. S.R.G., 2006 SCC 37 highlighted. Appeal dismissed.
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