October 2026
News
- APTN: Manitoba’s handling of moose hunting an ‘infringement’ on Treaty rights: court documents
- Government of Manitoba News Release: Manitoba Government Introduces Amendments to Further Protect Survivors of Intimate Partner Violence: Legislation Would Remove Limitation Periods for Civil Claims Involving Coercive Control: Wiebe
- Law360 Canada: Mental health, AI on radar of Manitoba law society president
- CanLII Blog: Trusted Past, Open Future: CanLII at 25
- October 26-30, 2026 is Access to Justice Week.
Feature of the Month
This feature presents some of the interesting queries we receive, and highlights how we can direct you towards the appropriate resources.
What online resources does the library have?
Law Society members have access to several online resources through the LSM Member Portal;
- Heinonline is a great resources for historical acts and very useful when conducting "point-in-time legislation". It also has the popular "Law Journal Library" with a large collection of legal journals. Next time you are looking for an article, try using Heinonline.
- vLex contains our large seclection of digital ebooks including authoritative collections:
- Emond's Criminal Law Series
- Irwin Law's Essentials of Canadian Law
- Rangefindr is a very helpful sentencing tool. Select your criteria and filters for a list of sentences pulled from CanLII decisions
Library staff also has access to additional resources including texts from Lexis and Westlaw. If you can't find something online or in the library, contact us and we can help locate more resources for you.
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.
Franks & Zalev - This Week in Family Law
Weekly electronic newsletter edited by Aaron Franks and Michael Zalev that reports on recent court decisions and other developments in Canadian family law..
The latest issue highlights matters on:
• Boomerangs: Not Just for Australia Anymore; JFR v. RTR (2026), 24 R.F.L. (9th) 295 (Man. K.B.)
"For those practising in Manitoba, in his reasons, Associate Justice Patterson helpfully works through Manitoba's evolving jurisprudence on delay.
The drop-dead rule presumably exists to weed out inactive cases, to "de-clutter" the Court files, and to address complacency in advancing civil actions — that is what the Manitoba Court of Appeal suggests in Buhr v. Buhr, 2021 CarswellMan 229 (C.A.).
And what constitutes a "significant advance"? The Court of Appeal addressed that in WRE Development Ltd v. Lafarge Canada Inc, 2022 CarswellMan 26 (C.A.). A "significant advance" is important or notable progress toward resolution — something that measurably increased the likelihood that the parties or court would have sufficient information to assess positions and be in a better position to settle or adjudicate."• Unrepresented Litigants and the Rules of Evidence — Never the 'Twain Shall Meet; Equifax Canada Co. v. Oh, 2026 CarswellOnt 1318 (C.A.)
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
Criminal Law Quarterly
Are Sexual Deepfakes a Crime in Canada? 74 C.L.Q. 346 Robert Diab
Artificial Intelligence, Large and Diverse Data Sets, and the Adjudicative Function in Criminal Law 74 C.L.Q. 450 George Dolhai
Science on Trial in Canada: Judicial Boundary Work, the Pathology of Wrongful Conviction, and the Necessity of Epistemic Humility 74 C.L.Q. 373 Iris Rebecca Gatea
Beyond Gladue: Considering Colonial Determinants of Health in NCRMD Disposition Hearings 74 C.L.Q. 325 Hanaya Akbari
(Guilty / Not-Guilty) 74 C.L.Q. 359 Victoria S.B. Perrie
The Proposed Financial Crimes Agency in Bill C-29 74 C.L.Q. 309 Kent W. Roach
The Myth of Devolution: Soft Law, Intransigence, and the Breach of the Honour of the Crown in Section 81 Agreements 74 C.L.Q. 403 Katherine Getler
When Silence Speaks: Assessing Trial Counsel’s Failure to Object in Appellate Review of Jury Charges 74 C.L.Q. 315 Myles Goodman-Vincent
Education and Law Journal
Knowing Better, Judging the Same: Family Violence and Judicial Education through the Lens of Ahluwalia v. Ahluwalia 35 Educ. & L.J. 1 Kanata Jenna Cowan
A Procedural Morass: Failures of the Special Education System, the Human Rights Tribunal, and More 35 Educ. & L.J. 71 Brittany Williams
Historic Sexual Abuse, School Boards, and the Limits of Vicarious Liability 35 Educ. & L.J. 45 Madeline J. Lusk, Danika L. Winkel
Do Post-COVID Requests to Teach from Home Constitute Undue Hardship for Employers? 35 Educ. & L.J. 87 Peter Ling
Social Media and the Online Free Speech Rights of School Governing Board Members and Public Officials: A Cautionary Tale 35 Educ. & L.J. 63 Charles J. Russo
Educational Technology and Vendor Governance 35 Educ. & L.J. 27 Dan Michaluk, Avital Sternin
Drawing the Line when Charter Rights Conflict 35 Educ. & L.J. 77 Jamie Corbett
Insolvency Institute of Canada Articles
Restitution, Retribution or Restructuring: Exploring the Treatment of Defrauded Creditors in a Restructuring I.I.C. Art. Vol. 15-7
Comparative Analysis of Bankruptcy Policy in Canada and the United States I.I.C. Art. Vol. 15-9
The Art of Squeezing the Juice Out of the Lemon: Realizing Value in Technology and Venture Insolvencies I.I.C. Art. Vol. 15-2
Contempt of Court in Insolvency Proceedings I.I.C. Art. Vol. 15-8
Mistress in Her Own House — To What Extent? Regulatory Stay Orders: When CCAA Broad Discretion Collides with Exclusive Regulatory Jurisdiction I.I.C. Art. Vol. 15-5
Converging Sale Processes? Comparing U.S. §363 Sales and Canadian SISPs Through the Lens of Process Design and Value I.I.C. Art. Vol. 15-1
Third Party Releases in CCAA Proceedings: a Newfound Judicial Reluctance? I.I.C. Art. Vol. 15-6
A Checkered Past: DIP Loans and the Criminal Rate of Interest I.I.C. Art. Vol. 15-4
Section 89 of the Indian Act and Receiverships I.I.C. Art. Vol. 15-3
University of Toronto Law Journal
Together Forever, Nicolas Cornell, Rights and Wrongs Come Apart (Cambridge, MA: Harvard University Press, 2025) 76 U. Toronto L.J. 374 Christopher Essert
Fiduciary Parenting of Transgender Youth 76 U. Toronto L.J. 323 Ethan J Leib
No Law Is an Island: A Dialogical Rejoinder to Authoritarian Legalism 76 U. Toronto L.J. 284 Julen Etxabe
Relational Justice, Review of Hanoch Dagan and Avihay Dorfman Relational Justice: A Theory of Private Law (Oxford: Oxford University Press, 2024) 76 U. Toronto L.J. 365 Samuel Beswick
Disaster as a Legal Concept 76 U. Toronto L.J. 245 Jocelyn Stacey
New Library Resources
New Print Titles
Thin-skinned : why lawyers are so low in resilience and the new science that can help by Larry Richard, and D'Arcy Lyness
"Practicing law has always had its fair share of stressors. Lawyers are often entrusted with sensitive or high-stakes problems to solve; they often face urgent and inflexible deadlines; they may have to navigate significant values conflicts; and the workload can be overwhelming at times. But in today's environment of escalating change, there's an added source of stress that’s affecting lawyers everywhere: uncertainty.
Uncertainty activates the brain's threat-sensing circuitry. This type of threat response can raise stress and anxiety for anyone. But research over the past thirty-plus years by Dr. Larry Richard shows that lawyers have seven strong but atypical personality traits which help them practice high-quality law, but which make them more vulnerable to the damaging effects of uncertainty.
The most pervasive of these traits is lawyers' low level of Resilience. Resilience is the psychological ability to adapt resourcefully to stress, problems, setbacks, criticism, or crises, and Dr. Richard's data show that most lawyers score lower on this trait than most other people. Fortunately, emerging science in psychology, neuroscience, and related fields over the past two decades has provided antidotes to this problem. In Thin-Skinned, Dr. Richard and his wife, licensed psychologist Dr. D’Arcy Lyness, explain the challenges lawyers face in the legal profession and offer readers four broad evidence-based strategies (including more than 50 different self-improvement practices that any lawyer can deploy). By adopting one or more of these, readers can repair the effects of stress, inoculate themselves against future stressors, and, in the process, build greater well-being, life satisfaction, and workplace effectiveness.
Thin-Skinned is an evidence-based field guide to raising resilience, managing stress, and improving well-being using proven principles of behavioral science." from Publisher
Book Reviews
Review taken from the Canadian Law Library Review, Vol. 51, Issue 2
Reviewed By
Marnie Bailey
Manager, Knowledge Services
Fasken Martineau DuMoulin LLP
"Law societies across Canada have a statutory mandate to protect the public interest by regulating the professional and ethical conduct of lawyers. Discipline is rare, however, when it comes to the attorney general. In Legal Ethics and the Attorney General, author Andrew Flavelle Martin demonstrates that “the Attorney General is—and should be—accountable for their conduct under the same law of lawyering that is applicable to all lawyers” (p. 4).
In the first half of the book, Martin introduces and grapples with the complexities of the role of the attorney general regarding legal ethics. Through case studies and case law, Martin emphasizes that these difficulties tend to stem from the duality of the roles and responsibilities of attorneys general. Not only are they politicians with personal and political interests, but attorneys general are also Cabinet ministers ostensibly bound by Cabinet solidarity. Sometimes, they may serve as ministers of justice or ex-officio benchers of law societies, and they may be practicing lawyers themselves. At the same time, they are also chief law officers who provide legal advice to the Crown and ministries, oversee the law and judiciary, and conduct litigation for the Crown..."
Events
Upcoming Events
CIAJ 2026 Annual Conference | Reimagining Law and Justice Through Restorative Approaches
Celebration of Justice Glenn Joyal’s Appointment to the Supreme Court of Canada
CIAJ Conference | Understanding Maritime Law in Practice: A Bench & Bar Conference
Substantive Law
Bankruptcy Law
Bankruptcy of Bains, 2026 MBKB 127: The Bankrupt made a first-time assignment in bankruptcy and now seeks a discharge, the Bankrupt had been required to make payments under s. 68 of the Bankruptcy and Insolvency Act (BIA) to the estate of the Bankrupt. Pursuant to s. 168.1(1)(a)(ii) of the BIA, the earliest date on which the Bankrupt could have obtained an automatic discharge was 21 months after the date of bankruptcy. However, before that date, the Trustee filed an opposition to discharge. Whether and on what terms a discharge should be granted is at issue. It was found the Bankrupt had not completed fundamental obligations of a bankrupt and a discharge cannot be decided. Discharge application is adjourned sine die.
Civil Litigation
Fishman v BMO Life Assurance Company, 2026 MBKB 128: Application brought pursuant to r. 21.01(1) and 22 of the Court of King’s Bench Rules, concerns the extent of an insurer’s right to investigate a claim under a life insurance contract after receipt of the proof required by s. 180 of The Insurance Act. By virtue of the incontestability provisions in s. 161(2) of the Act, the insurer may resist payment only upon proof of civil fraud. Two issues to be decided: whether compliance with s. 180 gives rise to an immediate obligation to pay, or if an insurer may first make reasonable inquiries to determine whether the policy is voidable for civil fraud; and whether under the terms of the life insurance policy at issue in these proceedings, the defendant was entitled to require the plaintiff to answer questions relevant to its fraud investigation before paying the claim. Regarding statutory interpretation, Fehr v. Manitoba (Health Insured Benefits, Insurance Division), 2026 MBCA 52 was cited. It was found that: satisfaction of the evidentiary requirements contained in s. 180 does not require an insurer to pay a claim where the insurer continues to challenge the validity or enforceability of the policy on the basis of fraud; and an insurer may make reasonable inquiries directed toward determining whether a defence of civil fraud is available. Whether an insurer may require a claimant to answer particular questions as a condition of payment will depend upon the terms of the insurance contract.
Criminal Law
R v Hunjan, 2026 MBCA 76: Appeal of convictions for voyeurism under section 162(1) of the Criminal Code and for distribution of or making available an intimate image without consent under section 162.1(1). The offence of voyeurism can be committed in three different situations, as explained in R v Downes, 2023 SCC 6 at paras 32-35. Crown’s position was that s. 162(1)(b) was a better fit in these circumstances, the element of which are set out in R v Trinchi, 2019 ONCA 356 at para 12. On the conviction appeal on the charges of voyeurism the issues are whether the trial judge erred in finding that the observation was done surreptitiously, and whether the observation occurred in circumstances that gave rise to a reasonable expectation of privacy. Trinchi was used in the interpretation of the requirements for surreptitious observation. Trinchi and R v Jarvis, 2019 SCC 10 were cited for interpretation of reasonable expectation of privacy. Regarding whether the video meets the requirements of an intimate image in section 162.1(2), Jarvis, R v Walsh, 2021 ONCA 43, and R v R.R., 2021 ONCJ 304 cited in analysis. It was found the trial judge did not err. Appeals dismissed.
R v Heymans, 2026 MBKB 122: Accused charged with second-degree murder (section 231(7) under the Criminal Code). Accused pleaded Not Criminally Responsible due to mental disorder. The crown’s evidence was circumstantial. The leading case on circumstantial evidence is R. v. Villaroman, 2016 SCC 33. The framework in R. v. W.(D)., 1991 CanLII 93 (SCC) was utilized for analyzing reasonable doubt when an accused testifies. Decision includes an extensive review of case law regarding the plea of NCR and the previous plea of insanity. This case differs from the pattern in prior NCR cases because the accused consistently denies committing the killing. The doctor that conducted the forensic psychiatric assessment provided credible evidence supports a mental disorder but not incapacity to appreciate the act or its moral wrongfulness. Accused found guilty.
R v Martin, 2026 MBPC 68: Accused seeks standing to argue that her s. 8 Charter right was violated. Discussion of an accused relying on the theory of the Crown to establish a subjective expectation of privacy, citing R v Jones, 2017 SCC 60. Referencing R v Okemow, 2019 MBCA 37 and the law set out in R v Edwards, 1996 CanLII 255 (SCC), the accused’s subjective expectation of privacy was found not to be objectively reasonable on the totality of circumstances. Standing denied.
R v Neilan, 2026 MBPC 64: Accused charged with sexual assault, under s. 271 of the Criminal Code. Issue of testimonial conflicts, the three-tiered analytical approach in R v WD, 1991 CanLII 93 is followed. Issue of complainants ability to consent due to intoxication. R v GF, 2021 SCC 20 and R v Rioux, 2025 SCC 34 cited for the application of principles when memory gaps have impacted the evidence related to the element of the absence of consent. There was found to be reasonable doubt and the accused was acquitted.
Legislation
Federal
Recent Votes
#174 Passed C-266 2nd reading of Bill C-266, An Act to establish a national framework respecting skilled trades and labour mobility
Provincial
| Bill | Title | Status |
| 54 | The Smoking and Vapour Products Control Amendment Act | Second Reading |
| 56 | The Liquor, Gaming and Cannabis Control Amendment Act | Second Reading |
| 58 | The Limitations Amendment Act (Intimate Partner Violence) | Second Reading |
New Regulations