ArticleCan A Contract Be Formed By An Exchange Of Emails?In Manitoba, electronic transactions are covered by The Electronic Commerce and Information Act C.C.S.M. c. E55 (the "Act"). Within the Act, section 19 provides:CanadaCorporate/Commercial LawTaylor McCaffrey
ArticleUnderstanding Social Host Liability: When It's Time To Call It A NightWith the arrival of autumn come the Halloween parties and then Christmas gatherings, and New Year's Eve parties. Of course, in Manitoba, the "social" is one of Manitoba's oldest traditions. CanadaLitigation, Mediation & ArbitrationTaylor McCaffrey
ArticleDismissal For Delay In Manitoba And The Buhr v Buhr 2021 MBCA 63 DecisionThis article serves as Part II to a two part series on recent Manitoba cases dealing with dismissals for delay.CanadaLitigation, Mediation & ArbitrationTaylor McCaffrey
ArticleStages In The Litigation ProcessIf you've been served with a lawsuit, it's normal to wonder what comes next. This post provides a high-level overview of the typical stages in a civil action.CanadaLitigation, Mediation & ArbitrationTaylor McCaffrey
ArticleSlipping And Falling On Ice: Understanding The Slippery Legal LandscapeAs the dead of winter sets in, slipping and falling on ice will, unfortunately, become a common occurrence. This article will discuss select case law on slip and fall injuries with a particular...CanadaReal Estate and ConstructionTaylor McCaffrey
ArticleBe Prepared; Don't Needlessly Invite Litigation By Your VolunteersMany not-for-profit organizations simply don't have the resources to hire employees and so could not operate without the generous efforts of countless volunteers.CanadaEmployment and HRTaylor McCaffrey
ArticleMONOJURIS: Thoughts About The One Judge ModelThe one Judge model presents both opportunities and challenges.CanadaLitigation, Mediation & ArbitrationTaylor McCaffrey
ArticleTime Really Is "Of The Essence"We've all seen these provisions in agreements, but there appears to be some confusion as to the real impact of these words and why they are needed in the first place.CanadaCorporate/Commercial LawTaylor McCaffrey
ArticleWhether Electronic Communication Forms A Legally Binding Contract?It is no secret that technology is becoming more and more pervasive. It is also no secret that it is becoming a primary mode of communication for many individuals in the business and legal world.CanadaCorporate/Commercial LawTaylor McCaffrey
ArticleReading Between The Lines: The Supreme Court Of Canada On Insurance Policy InterpretationInsurance policies are often viewed as some of the most difficult contracts to read. To many policyholders, they can feel dense, technical, and full of cross-references that seem to send the reader in circles.CanadaInsuranceTaylor McCaffrey
ArticleChanging The Locks? What Commercial Landlords Can And Cannot Do In This Post-Pandemic EraWhat long term impact will this Great Pandemic have on commercial tenancies? Given the plethora of troubled retail businesses and the apparent ease with which we seem to have accepted e-commerce and ...CanadaReal Estate and ConstructionTaylor McCaffrey
ArticleWhat Is A Reasonable Offer To Settle Under S. 37.1(2) Of The Manitoba Human Rights Code?After a complainant files a human rights complaint with the Manitoba Human Rights Commission ("Commission"), the respondent may file a reply. CanadaGovernment, Public SectorTaylor McCaffrey
ArticlePierringer Agreements – An OverviewA Pierringer agreement allows one or more defendants in a multiparty legal proceeding to settle with the plaintiff and withdraw from the litigation. This then leaves the remaining defendants...CanadaLitigation, Mediation & ArbitrationTaylor McCaffrey
ArticleLimited Partnerships, Partnerships, Fiduciary DutiesThe following is a brief paper prepared with the assistance of Lauren Vrsnik, articling student at-law on the topic of fiduciary duties in the context of the partnership relationship. CanadaCorporate/Commercial LawTaylor McCaffrey
ArticleThe New Limitations Act: Key Changes And What You Need To Know (FULL VERSION)The Limitations Act, SM 2021, c 44 (the "New Act") repeals and replaces the current legislation, The Limitations of Actions Act, CCSM c L150 (the "Old Act").CanadaInsolvency/Bankruptcy/Re-StructuringTaylor McCaffrey
ArticleFarm Protection In Manitoba – Safe Harbour Or A Trap For The Unwary?The Farm Protection Regime in Manitoba is built upon a disjointed combination of Federal and Provincial Statutes. Through multiple notice requirements, various administrative stays...CanadaInsolvency/Bankruptcy/Re-StructuringTaylor McCaffrey
ArticleGender Equality Week In 2022; Where Are We Really?Gender Equality Week is the result of the passing of Bill C-309, the Gender Equality Week Act, which received Royal Assent on June 21, 2018, and designates the fourth week in September as Gender...CanadaEmployment and HRTaylor McCaffrey
ArticleManitoba’s Public Sector Artificial Intelligence And Cybersecurity Governance Act: What Public Sector Organizations Need To KnowThis page appears to be a security verification checkpoint that temporarily blocks access while validating the incoming request. The system implements protective measures to distinguish legitimate users from automated traffic or potential security threats. CanadaTechnologyTaylor McCaffrey
ArticleEverything You Always Wanted To Know About Amendments To The Divorce Act, But Were Too Afraid To AskBill C-78 (the "Bill") comes into force on March 1, 2021. It represents the first major changes to the Divorce Act (the "Act") aside from the Child Support GuidelinesCanadaFamily and MatrimonialTaylor McCaffrey
ArticleThe SCC Leave Project: Predictions For September 19, 2024Here's a look at the leave application decisions that the Supreme Court of Canada will be releasing on September 19, 2024. CanadaLitigation, Mediation & ArbitrationLenczner Slaght