News

• MB Government News Release: First Session Ends With Strong Legislation to Help Manitobans November 7, 2024
• CBC news: Murray Sinclair, former senator who led Truth and Reconciliation Commission, dead at 73 November 4, 2024
• National Wellness Study — Phase II – “The Law Society of Manitoba is sharing the Omnibus Report for Phase II of the National Study on the Psychological Health Determinants of Legal Professionals in Canada, recently released by the Federation of Law Societies of Canada (FLSC). This groundbreaking study, conducted under the scientific direction of Dr. Nathalie Cadieux from the Université de Sherbrooke, provides vital insights into the mental health and well-being of legal professionals across the country, including those practising in Manitoba.”

Question of the Month

This regular feature presents some of the interesting queries we receive, and highlights how we can direct you towards the appropriate resources.

Question

The Federal government has cut immigration rates recently There is some concern among the law community about what impacts this will have, as mentioned in articles from the CBC (Winnipeg settlement support group, lawyer worried about impact of federal immigration cuts in Manitoba) and the Winnipeg Free Press (Manitoba industry leaders fear impact of immigration cuts). There are also questions about how the recent U.S. election will impact immigration. What resources does the library have to help understand and address these concerns?

Answer

The library has a number of resources available to help with Immigration law. We have several titles available in print from the Emond Immigration law series including; Family Class Sponsorship in Canadian Immigration Law, Canadian Refugee Protection Law Guide, and Inadmissibility and Remedies. 

We also carry these other authoritative texts in the library;

• Immigration law and practice — 2nd ed. KF 4483 .I5 W34
• Judical Review of Immigration Decisions KF 4483 .I5 W35 2020
• Non-citizens in Canada: Status and rights — 2nd ed. 4483 I5 C7
• Canadian Immigration and Refugee Law for Legal Professionals — 5th Edition  KF 4483 .I5 F69 2022

If you don’t have time to come to the library in person, we are happy to provide you with scans of chapters or relevant sections. Let us know what you are looking for and we can email pdf copies. There are also texts available online through vLex in our online resources:

• Immigration Law – 2nd ed.
• Refugee law — 2nd ed.

Lastly, we provide members with current awareness newsletters on a number of subjects including the LexisNexis® Immigration Law NetLetter. Email us at library@lawsociety to subscribe.

Don’t see the book you are looking for in our catalog? Let us know and we will add it to our list of suggestions for the collection.

Latest Current Awareness

Journals

We also have access 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

Court Notices & Practice Directions

Provincial Court

Notices

• • • • October 11, 2024 – Morden PTC Protocol -“the Provincial Court is introducing an administrative style PTC docket in Morden effective December 3, 2024.”
        • Pre-Trial Coordination Circuit Protocol
      • October 8, 2024 – Revised Court Schedule and Circuit Calendar (The Pas Centre)-“the court schedule and circuit calendar for The Pas will be revised effective April 1, 2025”
        • The Revised Court Schedule and Circuit Calendar
      • October 3, 2024 – Thompson Centre – “additional sittings added to the
        O-Pipon-Na-Piwin Cree Nation (South Indian Lake) circuit during the last fiscal year (see the February 8, 2024 Notice), will be cancelled. These additional sitting days in April, June, August, October and February, will now be added to the Pimicikamak Cree Nation (Cross Lake) circuit.”

New Library Resources

Online Titles

Is there a book you would like to see added to our collection? Email us at library@lawsociety.mb.ca.

Book Reviews

Review taken from the Canadian Law Library Review, Vol. 49 Issue 2

Essays in the History of Canadian Law, Volume XII: New Essays in Women’s History. Lori Chambers &  Joan Sangster, eds.

Toronto: Osgoode Society for  Canadian Legal History, 2023. xiv, 344 p.
 ISBN 9781487553906 (hardcover) $95.00; ISBN 9781487553913 (ePUB) $95.00; ISBN 9781487553920 (PDF) $95.00.

Reviewed By
Sonia Smith
Law Librarian
Nahum Gelber Law Library
McGill University

“Essays in the History of Canadian Law, Volume XII: New Essays in Women’s History is one of the latest additions to the library of scholarship produced by the Osgoode Society for Canadian Legal History and is, perhaps surprisingly, the first devoted to women, gender, and the law. This volume has two of Canada’s leading historians on social and socio-legal history as its editors: Lori Chambers, professor of history and women’s studies at Lakehead University, and Joan Sangster, professor emerita of history at Trent University.

…

 Essays in the History of Canadian Law, Volume XII: New Essays in Women’s History aims to comprehend the unequal dynamics within the law alongside the social constructs of gender, class, colonialism, and ethnicity. Its compilation of essays offers an important and captivating overview of the
advancements made in feminist historical research. It is strongly recommended for all law libraries across Canada.”

Click here for the full review

Events

Featured Event

An Afternoon with the Court of Appeal November 21

Upcoming Events

Substantive Law

Administrative Law

Auer v. Auer, 2024 SCC 36: Discussion of reasonableness review of the vires of subordinate legislation. Per Côté J. on behalf of the coram:

“[114] The reasonableness standard under the Vavilov framework presumptively applies when reviewing the vires of subordinate legislation. Katz Group continues to provide helpful guidance. However, for subordinate legislation to be ultra vires on the basis that it is inconsistent with the purpose of the enabling statute, it no longer needs to be “irrelevant”, “extraneous” or “completely unrelated” to that statutory purpose. Continuing to maintain this threshold from Katz Group would be inconsistent with robust reasonableness review and would undermine Vavilov’s promise of simplicity, predictability and coherence.”

Bankruptcy Law

Supreme Advocacy. Bankruptcy & Insolvency: Corporate Attribution; One-Person Corporations, 11 October 2024. Comment re Scott v. Golden Oaks Enterprises Inc., 2022 ONCA 509, 2024 SCC 32 (40399)

Civil Litigation

International Air Transport Association v. Canada (Transportation Agency), 2024 SCC 30: Appeal addresses the vires of the Air Passenger Protection Regulations, and the nature and scope of the “exclusivity principle” set out in Article 29 of the Montreal Convention. Appeal was dismissed. As stated by Rowe J. (Wagner C.J. and Karakatsanis, Côté, Martin, Kasirer, Jamal, O’Bonsawin and Moreau JJ. concurring):

“[94] Because the Regulations do not provide for an action for damages, but instead create an entitlement to standardized compensation that does not seek to measure a passenger’s loss, they fall outside the scope of Article 29 and do not conflict with the Montreal Convention. The two forms of passenger compensation envisaged by the Regulations and the Montreal Convention are capable of “standing together”. The bargain at the centre of the Montreal Convention remains undisturbed. In actions for damages, passengers continue to enjoy certain evidentiary presumptions “on proof of damage” (Thibodeau, at para. 42) which address “the need for equitable compensation based on the principle of restitution” (Montreal Convention, preamble). Carriers remain shielded from unlimited liability arising from actions for damages related to claims for death or bodily injury, damage or loss of baggage and cargo, and for delay.”

 Hudson v. Peguis First Nation, 2024 FC 168: Applicant sought to have election results set aside. Respondents acknowledge there was interference at an advance polling event which amounted to a contraventions of the First Nations Elections Act, SC 2014, c 5, but it did not affect the election results. The ballots from the advance poll were destroyed by the election official, and those who voted in the advance poll were able to recast their vote. Applicant dismissed.

 Swaine et al. v. Intact Insurance Company, 2024 MBKB 145: Plaintiffs seek judgment pursuant to an insurance policy. Defendant denied coverage based on an exclusion clause in the policy. Defendant was able to establish that an exclusionary clause in the policy applied to the plaintiffs’ claim. Claim dismissed.

 Muzik v. Worthington et al., 2024 MBKB 138: Post-appeal reasons regarding costs. Plaintiff successfully sued for defamation and was awarded substantial damages. Defendants successfully appealed the judgement in part regarding damages. Costs were awarded to the defendant.

Flette et al. v. The Government of Manitoba, 2024 MBKB 146, LaFontaine et al. v. The Government of Manitoba, 2024 MBKB 147, Lavallee et al. v. The Government of Manitoba, 2024 MBKB 148: Plaintiffs filed motion to approve settlement agreement entered into with defendant. Huberdeau, J. found the proposed honoraria in each action to be reasonable and approved the settlement agreement in each action. The Flette and Lavallee actions were each granted limited access and information to otherwise confidential CFS records for the purposes of confirming entitlement and/or to locate eligible claimants or their guardians.

 R. v. Dzisiak, 2024 MBPC 72: Applicants challenge section 320.23 of the Criminal Code as violating their section 7 Charter rights. Liberty of applicants is engaged due to mandatory minimum sentence applied to repeat impaired driving offenders. Applicants argued provisions requiring Crown consent and provincial approval of treatment programs are arbitrary. Weibe, P.J. found applicants failed to demonstrate that the deprivation of liberty is not in accordance with principles of fundamental justice and have not demonstrated the impugned law is arbitrary.

Criminal Law

R. v Kirton, 2024 MBCA 71: Crown appeals acquittal, arguing trial judge misapprehended a certain portion of the evidence leading her into an error of law. Monnin, J.A. (for the Court): ”The focus of the trial was on the initial assault during which the complainant was likely injured. There was no request by the Crown to the trial judge to consider the subsequent actions of the accused as being a simple assault, in her determination. We agree that the trial judge was entitled to conclude that the latter kick or shove was not assaultive behaviour or was part and parcel of the entire incident and subject to the claim of self‑defence raised by the accused. We do not agree that it indicates a misapprehension of the evidence, a failure to apply to give proper legal effect to undisputed facts or to consider evidence going to the guilt of the accused” (para 10-11). Appeal dismissed.

R. v. Ndatirwa, 2024 MBKB 142: Reasons for sentence of 15 years imprisonment for trafficking fentanyl.

R. v. Falk, 2024 MBKB 132: Accused pled guilty to offences committed on two separate dates involving possession of controlled substances for the purpose of trafficking, including fentanyl, and possession of loaded prohibited firearms. Counsel agreed accused will be sentenced as a street-level drug trafficker for the first offense and mid-level for the second offence. The second offence shows the accused was able to quickly resume and increase trafficking activities after being released on bail for the first offence. Total sentence: 14.5 years imprisonment, less time served.

R. v. Bruyere, 2024 MBKB 136: The victim was working at a convenience store when the accused stole an item. The accused shot the victim in the chest when the victim pursued him outside of the store. Bock, J. found the accused had the intent to cause bodily harm, and is therefore guilty of attempted murder, as well as weapons and robbery charges.

R. v. Bissonnette, 2024 MBKB 139: Sentencing decision for 7 counts of sexual assault in relation to 7 victims. Accused was the victim’s physician when the assaults occurred. The assaults were highly intrusive, involved significant breaches of trust and authority, and caused profound harm to the victims. Total combined sentence: 12 years.

R. v. Hassen, 2024 MBKB 137: Accused charged with first-degree murder. Discussion about circumstantial evidence, hearsay, Vetrovec analysis, and the Carter rule. The accused was found guilty of second-degree murder.

R. v Isaac, 2024 MBPC 78: Sentencing decision. Discussion of the interplay between significant rehabilitation and the principles of deterrence and denunciation. Cornick, P.J. endorses both the established sentencing ranges and the need for proportional and appropriate individual sentences.

R. v. Lewyc-Sullivan, 2024 MBPC 74: Voir Dire decision. Accused challenges the validity of search warrant, claims the Information to Obtain a Search Warrant (ITO) was insufficient. Choy, P.J. used queries laid out in R. v. Debot, 1989 CanLII 13 (SCC), [1989] 2 S.C.R. 1140 and R. v. Garofoli, 1990 CanLII 52 (SCC), [1990] 2 S.C.R. 1421 to determine that the warrant was validly authorized. Application dismissed.

R. v. Cooke, 2024 MBPC 73: Sentence decision for conviction of attempt murder, possession of a non-restricted firearm, possession of a weapon, and unsafe storage of a firearm. Accused attacked the victim, a friend of his, with a knife for a prolonged period, chasing the victim when he tried to escape. Accused is intelligent and grew-up in a pro-social family and community, that still support him. Accused has also been subject to anti-black racism, a topic Devine, P.J. explores. Sentenced to 8 years for attempted murder, concurrent 6 months for possession of a weapon, and consecutive 1 year for firearm offences, later made concurrent to reduce the total sentence to eight years.

R. v. Gordon, 2024 MBPC 71: Decision on Voir Dire. Crown seeks admission of three audio-recorded 911 calls the victim made to police and notes made by police of a conversation with the victim. The victim is deceased, unrelated to the charges. Garreck, P.J. found the 911 calls, and the officer’s notes, do not meet the res gestae exception to the presumption against admission of hearsay and there is insufficient substantive indicia of reliability for the submissions to be admitted on a principled analysis.

R. v. Roulette, 2024 MBPC 68: Sentencing decision. Accused pleaded guilty to procuring a person under the age of 18, making childing pornography, and luring. The accused was, herself, forced into the sex trade at age twelve. Devine, P.J. imposed the mandatory minimum of five years for the procuring charge, a two-year concurrent sentence on the luring charge, and one year consecutive for the make child pornography charge.

Terry Davidson. Narrow, complex decision has SCC decide on eligibility for preliminary hearings. Law360 Canada, 1 November 2024, accessed 4 November 2024

John L. Hill. Nunavut assault appeal judge decides jury conviction outweighs compurgation. Law360 Canada, 11 October 2024, accessed 15 October 2024.

Family Law

Broda v. Busby, 2024 MBKB 144: Respondent’s action was dismissed for long delay. The court was afterward made aware the respondent received a certificate of incapacity and Public Guardian and Trustee of Manitoba was appointed committee. Pursuant to KB Rule 24.03. PGTM should have been served with a formal notice of the motion to dismiss. The court ordered the petitioner’s motion for dismissal for delay be reopened to hear further evidence and argument from the parties, and from the PGTM.

Hoes v. Hoes, 2024 MBKB 141: Determination of costs. Respondent’s behavior and conduct were, in most instances, deliberate and calculated with an intention to intimidate the petitioner, harm her emotionally and financially, separate or isolate her from her legal counsel, and to subvert the course of the court proceedings. Petitioner granted solicitor-client costs.

Mohamed v. Mohamed, 2024 MBKB 133: Reasons for decision dismissing the respondent/applicant’s notice of application to set aside a protection order and ordering applicant pay to the petitioner/respondent’s solicitor-client costs. Thomson, J. highlights the applicant’s meritless case and egregious conduct in litigation. “In a case such as this one, where the core issue is intimate partner violence, and Ms. Mohamed has been caused to incur significant legal costs to protect herself and her children, I conclude an award of solicitor-client costs is proper. Indeed, to order otherwise would seem to permit her re-victimization.” (para 13)

Wills, Trusts, and Estates

Koziey v Koziey, 2024 MBCA 78: Appeal of a dismissal of an application to declare a half-interest in a property given to the respondent was held in trust for the appellant by way of a resulting trust. Application judge found the half-interest was intended as a gift. Appellant argues application judge erred in law by relying on evidence of events that occurred after the transfer and by limiting the use of evidence provided by appellant. The court applied the analysis in Simcoff, to find the application judge did not err on the first ground. They found that even if the application judge erred on the second ground, it was not material to his decision. Appeal dismissed.

Legislation

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Provincial

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