In Viceversa Developments Inc. v. Winnipeg (City), 2015 MBCA 38, the appeal court declined to overturn the trial judge’s finding that certain roadways, purchased as part of a land transaction between the plaintiff developer and the CNR, had been previously dedicated to public use. Although the evidentiary record was admittedly unsatisfactory, the court found no evidence that the Railways (the previous owners) intended to retain the right to use the roadways they had permitted the City to construct. There was considerable evidence, however, to support an inference that the Railways intended to dedicate the roadways to public use, including long, uninterrupted use by the general public, acquiescence by prior owners, and the fact that the City had used public funds to both build and maintain the roadways.

“The modern approach to the interpretation of a will is to determine the subjective intention of the maker of the will” according to the appeal court in Zindler v. The Salvation Army et al., 2015 MBCA 33. “This is done by looking at the words used in the context of the circumstances known to the maker at the time of signing the document, whether or not the words are ambiguous, to assist in determining the maker’s intention.” (para. 8) Applying this analysis, the appeal court found that the trial judge committed no error in finding that the words “monies in the bank account of [Margbell Holdings Ltd.] standing to its credit at the date of my death” included monies invested with Investors Group (the only bank used by the testatrix to write cheques for Margbell’s business expenses).

In Brown et al. v. Boon et al., 2015 MBQB 63 the plaintiffs sought to recover title to their house by having the offer, tenancy agreement, option and transfer of land they signed with the defendant’s company declared void and unenforceable due to deceitful representation. The defendant sought an order to remove the plaintiffs from the home and damages for unpaid rent. The court’s task was to determine the true nature of the agreement made between the parties, notwithstanding the documentation evidencing a transfer of land and the parties’ conflicting testimony as to their intentions with respect to the property. The plaintiffs claimed to have been told by the defendant (who was in the business of offering financial assistance to property owners at risk of foreclosure) that the documents they signed were required to secure the loan. After rejecting the plaintiff’s arguments concerning estoppel (with respect to the issue of whether there was a binding tenancy agreement), non est factum, unconscionability, and relief from forfeiture, the court ultimately concluded that the nature of the relationship between the parties was that of a financing arrangement, resulting in a fiduciary relationship and obliging the defendant to allow the plaintiffs to exercise their option to reacquire title to the home by paying the outstanding balance of the loan plus the service fee. The court directed the defendant to transfer title to the plaintiffs accordingly.

Manitoba’s New Condominium Act – this TDS LLP article identifies the sections of the new Condominium Act pertinent to both buyers and sellers of condominiums. Defending the will – investigating the key details of a client’s circumstances and estate is key to avoiding claims according to the author of this Lawyers Weekly article, an Ontario LawPro analyst, especially with respect to uncomfortable questions related to testator capacity and potential undue influence. The First Appointment – this CLE BC Practice Points article addresses the key considerations and suggested procedures to follow before, during, and after the first appointment with an estate planning client. While it is written from a BC perspective, the standard practice advice it contains pertains to any estate planning lawyer. Charities in the danger zone – charities and not for profits (especially those working in conflict zones) may need to revisit their risk management and due diligence policies to ensure compliance with the onerous anti-terrorism regime proposed in Bill C-51, according to the author of this Lawyers Weekly article.

New Language Rights Rule in Code of Professional Conduct (In French)– at this May 28, 2015 lunch program Associate Chief Justice Marianne Rivoalen will moderate a panel examining the impact of the new language rights rule and commentary approved by the Benchers for incorporation into the Code of Professional Conduct. Attend this session to learn more about your ethical and professional obligations to protect your clients’ language rights. Lawyers and Governing Boards: Avoiding Common Pitfalls – Presenters Bruce King, Doug Finkbeiner, QC, and Tana Christianson will discuss the risks and responsibilities that come with board directorships and suggest strategies to minimize potential liabilities at this lunch program on June 10, 2015. Register now to attend in person or by tele-presentation. Estate Administration for Paralegals and Support Staff – Paralegals and support staff from Brandon and The Pas can register to attend this live and interactive video conference on process and work flow in estate work. The program takes place from noon to 1:30 pm on June 11, 2015. See Special Reduced Pricing offered here for our First Video Conference Program.

Reverse Mortgages – the Elder Law section will discuss reverse mortgages at their upcoming lunch meeting on May 12, 2015. The program takes place from noon to 1:30 pm in the 2nd floor boardroom, 444 St. Mary Ave. The Wills and Estates section of the Manitoba Bar Association is presenting the program, These are a Few of Our Favourite Cases, on May 20, 2015, from noon to 1:30 pm, in the 2nd floor boardroom, 444 St. Mary Ave. Three litigators will share their favourite cases and how and why they use them. Researching Municipal and First Nations By-Laws – Join Mike McCandless as he provides tips and techniques for researching municipal and first nations by-laws at this Legal Research section program on May 21, 2015. The program will be held in the Law Society classroom, 219 Kennedy Street, from noon to 1:30 pm.

The Winnipeg branch of the Society of Trust and Estate Practitioners is presenting the program Estate Administration and Digital Assets on May 12, 2015, from noon to 1:15 pm at the Fairmont Winnipeg. Presenters Johanna Caithness and Iain McDonald will discuss such issues as ownership of digital and online assets, valuation on death, privacy issues, and legislative developments, and provide practice tips that can be shared with clients.