News
Lexis+ now available in the Great Library – Library users can now access Lexis+ in the library for all their research needs.
Manitoba Government Taking More Steps to Keep Students Safe – “The Manitoba government is introducing several new measures to help improve student safety and bring greater accountability, discipline and transparency for teachers through legislative amendments, acting Education and Early Childhood Learning Minister Tracy Schmidt announced today. ” Law360 article
Canadian federal government will miss deadline for changes to citizenship by descent – “In May, 2024, the government introduced Bill C-71, which would allow for citizenship by descent to the second generation, provided that the child’s parent spent at least 1,095 days in Canada prior to the child’s birth or adoption. Bill C-71 has not become law. When Parliament is prorogued, all current bills die. It’s possible that Bill C-71 may never be reintroduced after Parliament resumes session.”
Featured News Item
Invitation to Participate in Class Action Survey
Do you practice at least in part in class actions? If so, you will find below an invitation from Jérémy Boulanger-Bonnelly, professor at McGill University’s Faculty of Law, to participate in a survey on class actions.
The survey aims to document the perspectives of legal professionals working in class actions regarding current issues in that field, the desirability of reforming applicable legislative frameworks, and some potential reforms.
This study is conducted in partnership with the Quebec Institute for Law and Justice Reform and the Uniform Law Conference of Canada. To be eligible, you must be a legal professional whose practice is at least partially focused on class actions.
You can complete the survey online until February 20, 2025. It shouldn’t take more than 15 minutes. The survey is anonymous. The questions will focus on your background and experience, and your views on five aspects of class actions. Collecting this information is crucial for the legal community and society at large, and will serve to inform and guide future reform projects.
If you are interested in participating in this study, you will find attached the consent form (EN/FR) explaining the project’s purpose, the procedure for collecting, storing and publishing research results, and the measures to protect your confidentiality. Before starting the survey, read the consent form carefully. By clicking on “I consent” to access the questionnaire, you consent to participate in the study.
Click here to start the survey
If you have any questions, please do not hesitate to contact Prof. Jérémy Boulanger-Bonnelly at 514.396.1040 or jeremy.boulanger-bonnelly@mcgill.ca.
Question of the Month
This feature presents some of the interesting queries we receive, and highlights how we can direct you towards the appropriate resources.
Question: Where can I find resources for managing my practice, or texts on my professional responsibilities?
Answer
The library has a large collection of CPD material including past materials, as well links to the latest CPD on Demand.
Our collection on practice managment includes the newly added HR manager’s guide to succession planning and Raindance II: a blueprint for growing your practice as well as others such as Law is a Buyer’s Market and The Right Not to Remain Silent: The Truth About Mental Health in The Legal Profession
Looking for help in managing day-to-day matters or review situations outside your core practice area? Check out these resources in the library,
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 personal injury with this popular title available from LexisNexis.
Personal Injury NetLetter
A semi-monthly current awareness service providing comprehensive coverage of all significant new Canadian common law court decisions on personal injury litigation added recently to Quicklaw.
Semi-monthly issues are added on the first and fifteenth of each month.
The latest issue highlights matters on:
DAMAGES
Physical and Psychological Injuries “Respondent sued the Appellants for defamation after her presentation on gender identity books was halted, and the Appellant Board labelled her comments as transphobic.
Appellate Court ruled that the harm to the Respondent’s reputation outweighed the public interest inthe Appellant’s speech, emphasizing that counter-speech must not misrepresent or attack reputations.”
If you would like to subscribe to any of these publications, please email library@lawsociety.mb.ca to be added to the distribution list.
Journals
Manitoba Law Library subscribes to a number of legal journals in print and digital. See below for the latest issues of popular titles. Members can request copies of articles under fair dealing guidelines by emailing library@lawsociety.mb.ca
Banking and Finance Law Review
- Welcome to the BFLR’s 6 Annual Fintech Issue! 41 B.F.L.R. ix Alessio Azzutti, Cheng-Yun Tsang, Virginia Torrie
- Fintech: Finance, Technology and Regulation: Ross Buckley, Douglas Arner and Dirk Zetzsche, (Cambridge University Press, 2024), 287 pp., CAD $137.95 (Hardback) 41 B.F.L.R. 211 Andrew Dahdal
- Crypto Trading Platform Fork Control Clauses: Yet Another Crypto Disaster Waiting to Happen 41 B.F.L.R. 169 Colton Manton
- Artificial Intelligence in Finance: Challenges, Opportunities and Regulatory Developments: Edited by Nydia Remolina and Aurelio Gurrea-Martínez, (United Kingdom: Edward Elgar Publishing, 2023), 402 pp., £130.00 41 B.F.L.R. 203 Ligia Catherine Arias-Barrera
- Artificial Intelligence and International Economics Law: Edited by Shin-Yi Peng, Ching-Fu Lin, and Thomas Streinz, (United Kingdom: Cambridge University Press, 2021), 352 pp., Hardcover: £100.00 41 B.F.L.R. 215 Sau-Wai Law
- From Securing National Borders to Weakening Personal Ones: Assessing the Legality of Biometric Devices in the Fight Against Cross-Border Financial Crime 41 B.F.L.R. 177 Michele Patricia Akiobe Songolo
- Beyond Disruption: Blockchain Technology and the New Financial Ethics 41 B.F.L.R. 47 Julien Chaisse, Jamieson Kirkwood
- The Law of Algorithmic Stablecoins in the EU 41 B.F.L.R. 75 Edoardo D Martino , Yannick Roos LLM
- Tokenization and the Integration of TradFi and Digital Assets: Balancing Financial Stability, Innovation and Sustainable Development 41 B.F.L.R. 103 Sijuade Animashaun , Douglas W. Arner
- Guardrails for the Deployment of AI in Finance in Canada: Where Do We Go from Here? 41 B.F.L.R. 1 Patrick Mignault , Stéphane Rousseau
- AI Governance in Algorithmic Trading: Some Regulatory Insights from the EU AI Act 41 B.F.L.R. 133 Alessio Azzutti
Canadian Journal of Law and Technology
- “The Privacy Fallacy: Harm and Power in the Information Economy”, by Ignacio Cofone 22 Can. J. L. & Tech. 91 Christopher D’Souza
Education and Law Journal
- Annual Review of Education Law 33 Educ. & L.J. 233
Intellectual Property Journal
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Factual Determinations and Patent Law’s Intrinsic/Extrinsic Divide: The Common General Knowledge Case Study 37 I.P.J. 25 Wissam Aoun
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Trademark Surveys in Canada: A Checkered History 37 I.P.J. 1 Daniel Bereskin, C.M., K.C.
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Litigating Patentable Subject Matter: A View from Several Benches 37 I.P.J. 49 The Honorable Leonard P. Stark, Circuit Judge, U.S. Court of Appeals for the Federal Circuit
Court Notices & Practice Directions
Court of King’s Bench
Practice Directions
Notices
- December 11, 2024 – Change in Protocol for filing King’s Bench Court documents in regional offices
- December 9, 2024 – Small Claims Limit Increase and Limit on Filing Material
New Library Resources
New Print Titles
Advertising and Marketing Law in Canada, 6th ed.
Written in plain language by an experienced and creative team of advertising lawyers, this comprehensive resource sets out the ground rules and practical issues of Canadian advertising law, and includes:
- An explanation of the applicable legislation and regulatory codes for all provinces, territories and federally regulated sectors
- A review of the most popular marketing channels and techniques so you can evaluate possible strategies and tactics
- A discussion of common problem areas and potential risks so you can understand the limits associated with promoting certain products and services
- A wide range of real life examples to illustrate the practical aspects of both good and bad advertising
- Helpful day-to-day aids such as customizable checklists, lists of DOs and DON’Ts and descriptions of best practices
Canadian Law of Mining, 2nd ed.
“The mining industry plays a critical role in Canada’s economy, with mineral exploration activity taking place in almost every province and territory across the country. Canadian Law of Mining, 2nd Edition covers the main areas of mining law through expert commentary and analysis on the latest developments and leading case law. The areas covered include:
- Property law – private ownership of part of the land vs. public ownership of minerals
- Mining legislation – mining acts and regulations in provinces and territories across Canada
- Lands and social framework – environmental values, and the relationships between mining and the people affected by mining operations
- Transactions – financing and international deals as well as contract law governing these transactions
This treatise addresses the full range of topics related to mining law, including information about mineral rights, claim-staking, disposition and transfer of mining rights, interests and royalties, acquisition of rights and interests from the Crown, withdrawal of lands from mining, surface rights, and mining issues related to the rights and interests of Indigenous peoples. It also includes a chapter on Canadian companies mining internationally.
” – from publisher
The Legal Singularity: How Artificial Intelligence Can Make Law Radically Better. By Abdi Aidid & Benjamin Alarie. Toronto: University of Toronto Press, 2023. 226 p. Includes bibliographic references, figures, and index. ISBN 9781487529413 (hardcover) $44.95; ISBN9781487529437 (ePUB) $44.95; ISBN 9781487529420(PDF) $44.95.
Reviewed By
Allison Harrison
Head of Acquisitions
Justice Canada Library
“According to ChatGPT on July 8, 2024, “the technological singularity refers to a hypothetical future event wherein artificial intelligence surpasses human intelligence, leading to unpredictable and rapid advances in technological capabilities.” Abdi Aidid and Benjamin Alarie, authors of The Legal Singularity: How Artificial Intelligence Can Make Law Radically Better, argue that achieving a similar singularity in law would “fundamentally transform our existing legal systems and, with them, our societies,” and that this legal singularity could “mean a stable and complete legal order, capable of addressing and resolving practically all types of legal uncertainty in real time and on demand” (p. 3).
The Legal Singularity is packed full of many different implications, both for the legal field and society in general, that would accompany the advent of computational law. The purpose of the book is to introduce ways that the legal singularity could change the law and motivate “a discussion about its pathways and consequences” (p. 4), and, to this end, each topic is briefly discussed before the next is introduced.”
Events
Register by filling out this form.
Registration fees apply for practicing legal professionals.
Free for articling students and law students.
Indigenous People and the Criminal Justice System
Dates: February 8 and 9, 2025
Time: 09:00 – 04:00 PM
Location: Room 204, Robson Hall, 224 Dysart Road, UM Fort Garry Campus
Melissa Serbin and Stacey Soldier are back with another edition of the Indigenous People and the Criminal Justice System seminar. Learn about Indigenous Legislative History and Gladue Sentencing principles to help transform the criminal justice system for the better. This seminar is excellent training for law students pursing criminal practice, Crown Prosecutors, Defence Counsel and the Judiciary.
Upcoming Events
Distinguished Visitor: Dr. Sarah Riley Case, McGill University
CBA Elder Law Section Student Outreach & Networking
Substantive Law
Civil Litigation
Forsythe v Johnson, 2024 MBCA 104: Defendant appeals decision to deny motion to dismiss the claim for delay pursuant to MBKB r. 24.01. Defendant submits that motion judge erred by applying incorrect methodology and considering irrelevant factors. It was found the motion judge correctly applied the principles outlined in The Workers Compensation Board v Ali and did not wrongly consider irrelevant factors.
Klassen v Wowk-Litwin, 2024 MBCA 98: Respondent seeks to apply r 49.10(1) of the KB Rules, pursuant to section 36(1) of the CA Act, and order double costs against appellant. The Court notes that while they can apply KB Rules when appropriate, they are not required to. In this matter, it was found to be inappropriate as the trial judge has not determined the applicability of r 49.10 for costs at trial, nor whether the settlement offer meets the requirements of r 49.10(1).
Carlson Commercial and Industrial Services Ltd. v. Canotech Consultants Ltd. et al., 2024 MBKB 184: Issues dealt with concern KB Rules 31.03(1), (2), (3), examination for discovery, who may examine and be examined. It is determined that, at this stage, a party is only required to produce one person as its discovery representative, due to the commonality of the issues and interests between the other two parties.
Van Wynsberghe v. The City of Winnipeg et al., 2024 MBKB 187: Application for judicial review of the appeal committee of the City of Winnipeg decision to allow for a zoning variance. Chartier, J. expounds on the appropriateness of proceeding with an application for judicial review given the existence of a statutory appeal right. It was found the appeal committee provided adequate reasons for its decision. Application dismissed.
Named Person v. Champagne et al, 2024 MBKB 186: Plaintiff was subject of a publication ban that was not upheld when the related decision was posted to the court website. She claims this breach led to threats, attacks, and forced her to close her business and relocate. Defendants filed motion to strike claim, arguing facts alleged are too vague to disclose a cause of action and judicial immunity and statutory immunity prevent the action from proceeding. Statement of claim was struck without leave to amend.
Zaki v. University of Manitoba, 2024 MBKB 181: Reasons related to respondent’s motion to expunge parts and entirety of application and various affidavits and to applicant’s motion to amend application and motion for disclosure. Issues raised by respondent revolve around a recording made by the applicant of a closed proceeding. Grammond, J. refers to Manitoba Metis Federation Inc. v. Brian Pallister et al., Bernard v. Canada (Revenue Agency), and Prouse v. Lands Appeal Board. Motion to expunge granted in part. Motion to amend application granted, motion for disclosure dismissed.
Constitutional Law
Purolator Inc. v. John Doe et al., 2024 MBKB 189: Motion by plaintiff for an Order granting interim and interlocutory injunction enjoining the defendants from engaging in picketing at its premises. Plaintiff did not meet the legal test for injunctions, motion dismissed.
Bettens, Cierra. Dakota injunction agains Metis treaty asserts false ‘hierarchy’ of rights says MMF, APTN News. 11 December 2024. Accessed 13 January 2025
Criminal Law
R v Audy, 2024 MBCA 108: Sentence appeal. The court found the trial judge did not err in departing from a joint sentence recommendation, nor was there a miscarriage of justice. However, the sentence was found to be unfit. Sentence was reduced by one year.
R v Redhead, 2024 MBCA 103: Sentence appeal on basis that the verdict the jury came to was unreasonable and not supported by evidence. Accused takes no issue with jury instructions. Court cites Dunlop and Sylvester v. The Queen, R. v. McLeod, and R v Mitchell in dismissing the appeal.
R v Asante, 2024 MBCA 101: Accused appealed his convictions for sexual assault with a weapon and for choking in committing a sexual assault on ground of uneven scrutiny of evidence. He also sought leave to appeal and, if granted, appealed his sentence of six years’ incarceration. Conviction appeal was dismissed, leave to appeal sentence was granted, but the sentence appeal was dismissed.
R v Sys, 2024 MBCA 100: Appeal Dismissed. Discussion of whether a warrant could have been issued based on the information in a redacted ITO.
R v Flett, 2024 MBCA 99: Crown appeals the judge’s decision to stay accused’s sexual assault charge based on a breach of his right to be tried within a reasonable time as per section 11(b) of the Charter of Rights and Freedoms. Trial judge found the delay not attributable to exceptional circumstances was 626 days, exceeding the ceiling established in R v Jordan, 2016 SCC 27. Although the court does not endorse the view that independent counsel is an extension of the crown, the appeal was dismissed.
R v S.E.D.M., 2024 MBKB 188: The accused, a youth, is charged with second degree murder. He claims to have no recollection of the event due to intoxication and asks to be convicted of manslaughter. The crown raised issue that the rule in Browne v. Dunn was not followed, but no breach was found. Citing R. v. Cassan (E.R.) and R. v. Chubb, Grammond, J. found the accused guilty of second degree murder.
R v Sebuwufu, 2024 MBKB 183: Appellant appeals pursuant to ss. 813and822 of the Criminal Code, arguing trial judge failed to follow ruling in R. v. Villaroman, and the verdict was unreasonable due to a lack of evidence re: identification. Villaroman was not specifically cited by the trial judge, although the test therein was applied, and the verdict was reasonable based on the whole of the evidence. Appeal dismissed.
R v D.M.G, 2024 MBPC 101: Hearing to determine fitness to stand trial. Accused has a documented severe intellectual disability, he is charged with sexual assault, sexual interference, and assault. The fitness test in R. v. Taylor and clarification of the test in R. v. Bharwani were considered. Accused found unfit to stand trial.
R v McPherson, 2024 MBPC 100: Accused granted application to exclude from evidence comments made to a First Nations Safety Officer (FNSO) and video-recorded statement to the RCMP, as they were obtained in a way that breached her s. 10(a) and 10(b) Charter rights. Discussion of voluntary statements.
R v Courchene, 2024 MBPC 99: Accused charged with driving impaired causing death and dangerous driving causing death. In a blended voir dire blood sample was deemed inadmissible, as it was collected in a way that breached Charter rights. Accused found not guilty of impaired driving causing death and dangerous driving causing death. Accused found guilty of impaired driving and dangerous driving.
R v Jock, Luka & Gezehey, Efren, 2024 MBPC 96: Co-accused convicted of multiple drug and weapons offences, possession of crime proceeds and failing to comply with release orders. Several counts stayed pursuant to Kienapple. Extended discussion about sentencing principles and sentencing ranges for charges involving fentanyl. Each accused was sentenced to 15 years, less time served.
R v SOLIS-CORDOBA, Andrea, 2024 MBPC 93: Sentencing IPV incident, attempted murder. Accused is a woman with a mental health diagnosis that is significant but falls short of NCR. Offense was pre-meditated, included a knife, and took place in front of young children. Accused received a go forward sentence of 729 days.
R v Kequahtooway, 2024 MBPC 85: Reasons for decision on voir dire. Applicant filed a Notice of Motion seeking findings that police violated his sections 7, 8, 9, 10(a) and 10(b) Charter rights and that evidence collected when rights were breached be excluded. Crown submits that comments made to officers were voluntary. A s.9 Charter breach was found, as the arrest was found to be unlawful, it follows that the search that occurred after was not lawful and constituted a s.8 Charter breach.
Wills, Trusts, and Estates
Henuset v. Henuset, 2024 MBKB 185: Case concerns testamentary capacity. Vout v. Hay and McLeod Estate v. Cole et al. are cited.
Legislation
Federal
Manitoba
The House adjourned on December 05, 2024.
The 2nd Session of the 43rd Legislature will reconvene on Wednesday, March 05, 2024 at 1:30 p.m.
New Regulations