Interested in the Work of the Law Society? Become a Bencher.

Information Session –
Open Invitation
Thurs. February 20, 2020
12:00 noon

The policy work of the Law Society is conducted by both benchers and committee members. If you are interested in learning about this work, volunteering for a committee or running/applying to be a bencher, please join us for a light lunch in the Law Society classroom on February 20, 2020 at 12:00 noon. 

To help us accommodate the number of attendees, please
RSVP your interest in attending to ekinchen@lawsociety.mb.ca

If you have any questions in advance, please contact any one of the following: 

Kristin Dangerfield
Chief Executive Officer 
204-926-2013 
kdangerfield@lawsociety.mb.ca 

Leah Kosokowsky 
Director – Regulation 
204-926-2030 
lkosokowsky@lawsociety.mb.ca 

Anita Southall 
President 
204-957-8303 
alsouthall@fillmoreriley.com 

Lynda Troup 
Vice President 
204-934-2337 
lkt@tdslaw.com 

Kathy Bueti 
Past President 
204-989-0084 
kathybueti@bwwlaw.ca

Coming soon … Legal Information Hub

The Manitoba Law Library, in partnership with the Law Society, Dept. of Justice and others, and funded by a grant from the Manitoba Law Foundation, is piloting a legal information program in the Winnipeg courthouse.

The goal of the project is to provide information and assistance to members of the public who are struggling with dealing with the courts. Representation without legal counsel is difficult and challenging, particularly when trying to follow the rules and procedures that the legal system requires, and puts extra pressure on judges and parties who are represented. Additional assistance for self-represented litigants is important in order to increase fairness and access to justice.  

Under the supervision of a practising lawyer, law students will be available to provide assistance on a drop-in basis in the Great Library on Monday afternoons and Wednesday mornings. At times when in-person assistance is not available, the public will still be invited to use the ante room at the front of the library during regular library hours, and there will be a computer available for legal research.

As part of the pilot project, data will be collected on the types of problems people are encountering and the number of people the Hub assists. The pilot will start Monday, February 10th and last four months. 

Decision of the Week – Bankruptcy and Fraud

This week’s decision comes from Alberta – Alberta Securities Commission v. Hennig, 2020 ABQB 48.

[1]               This is an application by the Alberta Securities Commission for a declaration that an administrative penalty levied against Theodor Hennig survives his discharge as a bankrupt pursuant to subsections 178(1)(a), (d) and (e) of the Bankruptcy and Insolvency Act, R.S. 1985, c B-3. The administrative penalty arose from the findings of a panel of the Securities Commission that Mr. Hennig was responsible for misrepresentations in the financial statements of a public company of which he was a director and officer, that he obtained financial benefits as a result of non-disclosure of material facts, that he participated in market manipulation which resulted in artificial prices for another company, and that he made ongoing misrepresentations to Commission staff, all contrary to the public interest.

2020 ABQB 48

This decision analyses the meaning of the term “offence” as used in s. 178(1)(a) of the BIA and whether it includes administrative penalties ordered by the securities commission. Justice Romaine found that:

81]           The Applicant is entitled to the following relief:

a)         a declaration that the judgment arising from the administrative penalty survives Mr. Hennig’s bankruptcy pursuant to subsection 178(1)(e) of the BIA;

b)         a direction requiring Mr. Hennig to show cause why a new judgment should not be granted as against him; and

c)         an order renewing the judgment for a period of ten years, and granting the Alberta Securities Commission a new judgment against Mr. Hennig pursuant to Rule 9.21 of the Alberta Rules of Court for the amounts remaining due and unpaid on the judgment.

Further commentary is available from this article from The Lawyers Daily.

Latest Law Journal Issues

New issues of the following journals are now available through WestlawNext Canada. If you would like to read any of these articles, or if you are interested in any other publications we offer, please contact us for assistance at library@lawsociety.mb.ca.

University of Toronto Law Journal, Winter 2020

  • Unity in the Eye of the Beholder? Reasons for Decision in Theory and Practice in the Ontario Works Program, Jennifer Raso
  • Corrective Justice, Coherence, and Kantian Right, Andrew Fell
  • Nothing to Hide, but Something to Lose, Ignacio N Cofone
  • Alan Brudner, The Owl and the Rooster: Hegel’s Transformative Political Science (Cambridge, UK: Cambridge University Press, 2017), Thom Brooks, Durham Law School

Education & Law Journal, January 2020

  • Religion in Canadian Public Schools: Constitutionalized Anomalies, Diana Ginn, Javier García Oliva, Edward R. Lewis
  • Educator Malpractice: A Tort Whose Time Has Come?, David C. Young
  • Classroom Assessment, Court Cases, and Parental Demands from a Political Systems Perspective: It’s Black Outside the Box, Darryl Hunter, Paul Clarke
  • Graduate Students and Striking Employees: Two Roles, One Disciplinary Process, Emily Finnie
  • No Harm, No Foul in Sex Education: Can Statutory Protections Insulate Actors from Liability?, Lisa Bush
  • Reconciling Judicial Review, Parmbir Gill
  • Courts Miss an Opportunity to Rule on the Privacy Rights of Students Who Join Gay–Straight Alliances, Emily Lewsen

Intellectual Property Journal, December, 2019

  • From Start-Up to Scale-Up Innovation, Giuseppina (Pina) D’Agostino
  • Conflicted Regulation, the Public Interest and Canadian Patent Agency– Patent Agent Regulation at a Crossroads (Part I), Wissam Aoun
  • Having Enough: From Sufficiency to Non-Domination in International IP Law, Dr. Johan Rochel
  • Is the Sky Falling for the Canadian Artificial Intelligence Industry? A Case Study on the Impact of Canadian Copyright Law Reform on the Commercialization of Legal Technology Using Artificial Intelligence Technologies, Cameron McMaster

Canadian Journal of Law and Technology, December, 2019

  • Hiring Algorithms in the Canadian Private Sector: Examining the Promise of Greater Workplace Equality, Connor Bildfell
  • Technology, the Changing Nature of Disputes, and the Future of Equitable Principles in Canadian Contract Law, Conrad Flaczyk
  • Subverting Democracy to Save Democracy: Canada’s Extra-Constitutional Approaches to Battling “Fake News”, Michael Karanicolas
  • Flying under the Radar: Two Decades of DNA Testing at IRCC, Ida Ngueng Feze, Gabriel Marrocco, Miriam Pinkesz, Jacqueline Lacey, Yann Joly
  • Privacy Law Issues in Public Blockchains: An Analysis of Blockchain, PIPEDA, the GDPR, and Proposals for Compliance, Noah Walters
  • Developing a Privacy Code of Practice for Connected and Automated Vehicles,  Rajen Akalu
  • Ethical Hacking by Alana Maurushat (Ottawa: University of Ottawa Press, 2019), Laura Ellyson

 Journal of Environmental Law and Practice, December, 2019 

  • Funding Environmental Projects with Regulatory Prosecutions: Transparency and Accountability in Creative Environmental Sentencing, Shaun Fluker, Janice Paskey, Fiona L. Balaton
  • The Prairie Resilience: Myth or Reality?, Adebayo Majekolagbe
  • Canadian Public Trust Doctrine at Common Law: Requirements and Effectiveness, Vladislav Mukhomedzyanov

New Library Resources

The library has added the following books to its print collection and are now available for loan:

Impaired Driving in Canada The Charter Cases, by Justice Joseph F. Kenkel – 4th ed. KF 2231 .K463 2019
This book offers an examination of relevant Charter issues and cases, touching on everything from roadside investigation, right to counsel and testing at the station/hospital, through to disclosure, trial preparation and Charter procedure at trial. It also includes a chapter on the legal framework for constitutional challenges to the Bill C-46 legislation.

 Canadian Contract Law, by Angela Swan, Jakub Adamski, Annie Y. Na – 4th ed. KF 801 .S93 2018
Provides access to leading Canadian contract cases. Expert commentary and analysis focuses on recent developments in the law and on how courts have treated and interpreted contracts as a whole.

 Taxation of Business Organizations in Canada, by David G. Duff, Geoffrey Loomer – 2nd ed.
KF 6499 .ZA2 .D83 2019
Covering topics from partnership taxation and corporate income taxation, to the taxation of corporate distributions and shareholder benefits and loans, as well as corporate reorganizations, this book is the go-to resource for the most up-to-date case law, commentary and analysis.

Non-Citizens in Canada Status and Rights, by Emily Carasco – 2nd ed. KF 4483 .I5 C37 2019
This timely immigration law guidebook addresses an important legal topic – the legal status of non-citizens in Canada. For the first time, an entire text has been devoted to this increasingly significant area within immigration law and policy.

 Torts A Guide for the Perplexed, By G.H.L. Fridman KF 1250 .F853 2017
In this book, Fridman presents an informative background to the law of torts so it can be better understood and appreciated by those who may find themselves somewhat confused as to its true nature and scope.

 The Law of Product Warnings and Recalls in Canada, by Douglas Harrison, Alex Colangelo – 2nd ed. KF 3945 .H37 2019
This book will help any Canadian company that manufactures and/or sells a product to understand relevant recall and warning laws, and to employ best practices and risk management strategies to avoid product liability.

The Law of Search & Seizure in Canada, by James A. Fontana, David Keeshan – 1th ed.
KF9630 .F6 2019
Much cited by Canadian courts at all levels, this seminal volume clearly lays out the intricate legal framework that governs the issuance, execution and review of search warrants, and the rules limiting warrantless activities by state agents.

Law is a Buyer’s Market: Building a Client-First Law Firm, by Jordan Furlong
KF 315 .F87 2017
When clients change their purchasing patterns, law firms need to change their approach. Law Is A Buyer’s Market will help you adapt to the new legal market and lead your firm into the future of law.

Newly added on desLibris and accessible online through the Law Society Member’s Portal:

The Law of Bailment by Robert Tanha
Child Support Guidelines in Canada, 2020
The Death of a Butterfly : Mental Health Court Diaries
Researching Legislative Intent : A Practical Guide by Susan Barker and Erica Anderson