New Titles added to our collection

The Library has received a number of new books now available for lending. See below for a list as well as summaries of these new additions.

Estoppel – 2nd ed. by Bruce MacDougall, “Estoppel is understood at a basic level by many lawyers, but this set of legal doctrines is highly complex and filled with such confusing terminology, such that it poses a challenge for both practitioners and scholars alike. This is the first Canadian text book that clarifies the subject matter from a Canadian legal standpoint and deals with its complexity and subtleties in a manner that’s easily understood. Written by a veteran University of British Columbia law professor, this civil litigation book pulls together various aspects of estoppel into one place, saving readers valuable research time, while educating them on the rules and principles of estoppel in a clear and organized manner.”

Legal and Legislative Drafting – 2nd ed.  by J. Paul Salembier, “Drafting complex legal and legislative documents can be challenging. From the organization of complex ideas to ensuring clear and unambiguous language, legal and legislative drafting is an onerous task. Mistakes can be costly – even catastrophic -for lawyers who face malpractice claims if drafting errors cost their clients money. Those charged with drafting legislative or legal documents need a solution to help them navigate through these challenges.”

Impaired Driving in Canada – 5th  ed. by Joseph F. Kenkel, “The Honourable Mr. Justice Joseph F. Kenkel analyzes every step of the impaired driving case, from the roadside stop through to sentencing. This book provides coverage of an offence where, according to one Parliamentarian, “every word and every comma in every section has been litigated”, and is an indispensable companion for all members of the criminal law bar and bench..”

The Canadian Law of Mortgages – 3rd  Edition by Joseph E. Roach, “The third edition of this book, cited numerous times by the court in every major Canadian jurisdiction, fully updates you on the law of mortgages in Canadian common law jurisdictions. Author Joseph Roach delves into problems and questions that real estate practitioners tackle on a daily basis.  The result is a fast, efficient reference of a national scale.”

The Executor’s Handbook – 6th ed. by Jennifer A. Greenan, “From making funeral arrangements, to the final distribution of the estate, the administration of an estate can be a complex, multi-faceted and often emotional task. The Executor’s Handbook is 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.”

Dispositions Without Trial – 3rd ed. by Robert J. Van Kessel & Edwin G. Upenieks, “This civil litigation reference has been updated to account for changes in the law since the previous edition published in 2007. It provides guidance for evaluating and conducting motions for summary judgment, for determination of issues before trial and for dismissal without delay.”

Commissions of Inquiry by Stephen Goudge & Heather MacIvor, “As noted in the preface to this volume, “Commissions of inquiry have been a part of the Canadian experience since before Confederation.” Public inquiries of various kinds have profoundly affected Canada’s history and society, from Lord Durham’s Report in the 1840s to the delivery of health care in the 21st century. Commissions of Inquiry summarizes the history and evolution of Canadian inquiries and provides a detailed analysis of their current role and procedures. It emphasizes the rights and duties of inquiry participants; the variety and flexibility of public inquiries as a tool for investigation and policy-making; the exceptional powers and discretion vested in Commissioners and their staff; and the growing impact of judicial review on their work. The book casts new light on such perennial concerns as transparency, accountability, public participation in policy-making, and healing for people affected by tragic events.”

– all summaries taken from publisher’s website.

Legislative Update

Two acts have come into force on July 1st.

Schedule B  of The Family Law Modernization Act; The Child Support Service Act is proclaimed into force on July 1st with important changes including:

  • In addition to its current role of recalculating existing child support orders based on updated income information, the Service is given authority to make initial child support decisions in specified circumstances. This will enable many families to have child support determined without having to make a court application.
  • The Service may recalculate all Manitoba child support orders unless a court order prohibits recalculation. Current law permits recalculation only when a court order authorizes it.
  • The Service may determine when support for an adult child is no longer eligible for recalculation. This eliminates the need for many parties to make a court application.
  • Child support agreements become eligible for recalculation by the Service.

The Courts Modernization Act (Various Acts Amended) (S.M. 2019, c. 16) is also proclaimed in force July 1st. Amendments include the following:

  • The Court of Appeal Act
    • New procedures are established to make orders respecting persons who are vexatious litigants. The ability of the court to make rules regarding practice and procedure is clarified. The court must make an annual report respecting its activities.
  • The Provincial Court Act
    • Committees that were convened to provide a list of candidates when there was a need to appoint a judge or a judicial justice of the peace are made standing committees. Each committee will maintain an ongoing list of qualified candidates. When an appointment is required, the committee will prepare a list of candidates who are recommended for the appointment in question.
    • Provincial court judges must retire at age 75.
  • The Court of Queen’s Bench Act
    • New procedures are established to make orders respecting persons who are vexatious litigants.
    • A committee that was convened to provide a list of candidates when there was a need to appoint a master is made a standing committee. This committee will maintain an ongoing list of qualified candidates and will prepare a list of recommended candidates when a master is to be appointed.
    • Masters must retire at age 75. The court must make an annual report respecting its activities. The ability of all judges to deal with aspects of certain family proceedings is clarified.
  • The Court of Queen’s Bench Small Claims Practices Act
    • The monetary limit for a small claim action is raised from $10,000 to $15,000. That limit may be increased by regulation.
    • A defendant in a small claim action is required to file a defence. Default judgment may be obtained against a defendant who does not file a defence by the deadline set under the rules. A process is established to set aside default judgments.
    • The amount of costs that can be awarded against a party is increased from $100 to $500. Wrongful dismissal from employment claims cannot be brought in a small claim action.

For a list of these and all other Proclamations visit the Government of Manitoba website here.