The motion judge was correct in finding that a certificate of substantial performance is required to start the 40-day time period for registration of a builders’ lien, regardless of whether the contract has been substantially performed within the definition of s.2(1) of the Act, according to the Court of Appeal in Canotech Consultants Ltd v 5994731 Manitoba Ltd, 2017 MBCA 48. In response to the defendant’s argument that there was deemed substantial performance within the meaning of s.2(1), the court found that s.2(1) has a purpose other than the establishment of a date of substantial performance for the purpose of commencing the time period to register a lien pursuant to s. 43(1):

Regarding the description of substantial performance found in section 2(1) of the Act, fulfillment of its conditions does not trump the requirement for a certificate of substantial performance in section 43(6).  In my view, section 2(1) may be useful as an aid in determining when such a certificate should issue pursuant to sections 46(1) and (2) or when a judge should make an order that a contract has been substantially performed pursuant to section 46(3) of the Act. (para. 27)

In CIBC Wood Gundy Inc. v. BDO Canada Ltd., 2017 MBQB 71, the court ordered the Trustee in Bankruptcy to return restricted share proceeds mistakenly paid by the CIBC as property of the bankrupt’s estate rather than income, but ordered the CIBC to immediately pay the funds into court until further order. The trustee urged the court to fashion an equitable remedy by leaving the funds with the estate as a cash pool to compensate for the second-time bankrupt’s misconduct (he refused to remit inheritance property and surplus income owing to the estate in an amount almost double the amount of the mistakenly-paid funds). The court found, however, that it would be unjust and unfair to enrich the estate at the expense of an innocent party (the CIBC), and that the trustee’s claims could and should be analyzed apart from CIBC’s valid concerns.

Bill C-25, An Act to amend the Canada Business Corporations Act, the Canada Cooperatives Act, the Canada Not-for-profit Corporations Act, and the Competition Act, was referred to the Standing Committee on Industry, Science and Technology on December 9, 2016 and was reported with amendments on March 22, 2017 and presented to the House on April 6, 2017. It proposes significant changes to corporate governance, shareholder participation, and gender diversity for issuers incorporated under the CBCA. For further details see the legislative summary, the backgrounder, and these articles and blog posts from Canadian Lawyer, Blakes, BLG, Dentons,  Fasken Martineau, Norton Rose Fulbright, and Osler.

Proposed regulations to Bill C-25, fleshing out the details of the changes to corporate law, were published December 14, 2016. They are discussed in blog posts from McCarthy Tetrault, Torys LLP and Blakes, and in this article from the CBA: CBA welcomes diversity measures in Bill C-25.

Bill C-30, Canada-European Union Comprehensive Economic and Trade Agreement Implementation Act, received royal assent May 16, 2017 and Bill C-31, An Act to implement the Free Trade Agreement between Canada and Ukraine, passed third reading in the Senate and is awaiting royal assent. These bills implement recently negotiated trade agreements. The legislative summaries provide further details.

Bill 49, An Act to amend the Canada Transportation Act and other Acts respecting transportation and to make related and consequential amendments to other Acts, was introduced and received first reading May 16, 2017. It aims to modernize transportation laws in Canada, improving freight rail safety and efficiency; liberalizing international ownership restrictions for Canadian air carriers; and establishing new air passenger rights.

Provincial 

Bill 2, The Securities Amendment Act, passed third reading May 19, 2017. As detailed in the explanatory note, it amends The Securities Act to provide for the automatic enforcement of sanctions, conditions, restrictions or requirements imposed by other securities regulators when there has been a finding or admission of a breach of securities laws or acts contrary to the public interest. 

Bill 3, The Pooled Registered Pension Plans (Manitoba) Act, passed third reading May 19, 2017. It provides the legal framework for certain pooled pension plans to be open to employees and self-employed persons in Manitoba. See the explanatory note for further detail.

Bill 7, The New West Partnership Trade Agreement Implementation Act (Various Acts Amended), passed third reading May 23, 2017. It amends three Acts so that Manitoba can join the above trade agreement, as well as participate in other future domestic trade agreements. Further details can be found in the explanatory note to the bill.

Bill 25, The Cannabis Harm Prevention Act (Various Acts Amended), was reported without amendment by the Justice Committee on May 17, 2017. It proposes amendments to several Acts to address health or safety concerns that will arise when cannabis consumption is no longer illegal (July 2018). For further information see the explanatory note.

Bill 30, The Local Vehicles for Hire Act, was introduced March 20, 2017. It would repeal The Taxicab Act and allow municipalities to make by-laws regulating the entire vehicle-for-hire industry. Further details can be found in the explanatory note to the bill and in this government news release.

Changes to Probate QBR –presenters from the Court of Queen’s Bench and the Public Trustee will discuss changes to QB Rules 74.12 and 74.14 (coming into effect on July 1, 2017) and clarify recommended practices at this lunch session on June 9, 2017.  Discounts are available for teleconference registrants.

Webinar: Avoiding Cyber Dangers – the Law Society is replaying this very practical webinar on June 13, 2017, with a live question period at the end with Law Society staff.  Legal technology and risk management guru Dan Pinnington will teach you how to protect yourself and your firm from hacked emails, malware, phishing scams, and other cybercrime vulnerabilities. Group registrants are eligible for discounts.

Municipal By-law Enforcement Act and new Provincial Offences Act – Presenters at this Municipal Law section program will give an overview of changes designed to make the system of prosecuting regulatory and by-law offences more efficient. The program takes place June 1, 2017 from noon to 1:30 pm at 185 King Street (3rd floor).

What’s New in Manitoba Oil and Gas Regulation? – this June 6, 2017 lunch presentation will focus on what recent commitments to reduce methane emissions will mean to Manitoba and what changes will be required to meet those commitments. It takes place from noon to 1:30 pm in Room B - 155 Carlton Street.