In Sturgeon Tire (1993) Ltd v Burron, 2015 MBCA 91, the Court of Appeal upheld the motion judge’s decision granting summary judgment to the plaintiff tenant to exercise a 17-year-old option to purchase land despite the defendant landlord’s argument that the option expired when the first of several tenancy terms ended without formal renewal of the lease. The court found that the judge’s decision was based not in equity, but on his inference that the lease was continuously in existence as a result of renewals, and that both parties believed that the plaintiff was compliant with it.

The court dismissed a developer’s appeal from the dismissal of its action against a purchaser in J & V Ashfield Village Ltd. v. Starkell et al., 2015 MBQB 174. The agreement of purchase and sale contained a clause obliging the developer to remove soil piles from the property by a specific deadline. Three months after the deadline passed the purchaser used the soil to begin landscaping. The developer argued that the small claims officer had failed to address the issue of ownership of the soil and the law of bailment, but the court found, following the Sattva decision, that the issues arising from the decision were questions of mixed law and fact and that the result would have no impact beyond the parties.

The court declined to grant a declaration that there were fewer than the agreed to 1470 cultivated acres on a farm property in Hamilton v. Knight, 2015 MBQB 171, despite expert evidence and the court’s own finding that this was the case. Since a trial would be required in any event to determine the number of cultivated acres “normal weather conditions permitting,” there was no advantage to granting the declaration on a summary basis, said the court.

The Land Surveyors and Related Amendments Act has been proclaimed in force effective March 31, 2016. As noted in the explanatory note to Bill 29, the Act replaces the existing Land Surveyors Act to provide updated legislation for the governance of the land surveying profession. It includes provisions for the registration of members and professional corporations and creates processes for complaints and discipline. Sections 3, 4, 8 to 10, 21(1) and 22(1) of The Planning and Land Dedication for School Sites Act (Various Acts Amended), S.M. 2011, c. 38 were proclaimed in force December 1, 2015.

The Property Registry issued four notices in October: Electronic Discharge Form - concerning the October 30th release of the first of a series of newly created electronic eForms (the eDischarge form) and its features. Documents Online and Survey Plans Online Enhancements – concerning the implementation of a new version of Documents Online and Survey Plans Online on October 25, 2015. The upgrade introduces the ability to choose email as a delivery method and incorporates better messaging when documents and plans are unavailable. Titles Online Enhancements and Condominium Index – describing the new version of Titles Online introduced on October 18, 2015. Among other things, the upgrade integrates the Condominium Index into Titles Online, allowing users to search for particulars of all condominium corporations in the province of Manitoba.

Taxing changes - this Canadian Lawyer article discusses how upcoming changes to the Income Tax Act will affect estate planning and the use of spousal trusts. Crackdown on phantom offers – this Lawyers Weekly article outlines new Ontario legislation aiming to eliminate phantom offers to purchase (verbal bids by sellers’ agents). How New EU Rules for Cross-Border Succession Apply to Canadians – this article discusses new European Union harmonizing rules to determine which country’s law will apply to a deceased person’s estate and why they need to be considered when drafting wills for Canadian clients with European connections. How to advise elderly trustees – the author of this CBA article offers advice on dealing with elderly trustees with diminished capacity, whether as clients or when acting for concerned beneficiaries.

ReelTime CLE Seminars are back by popular demand on November 23-24, 2015, with a series of four sessions featuring movies raising common ethical and professional dilemmas faced by lawyers and the corresponding toll they can take on a lawyer’s mental health and physical well-being: Wrestling with Ethical Dilemmas (on juggling the demands of practice); Don’t Let the Jokers Drive you Batty! (on dealing with difficult people); Practising “Dirt Law” and Keeping your Nose Clean (on the stresses of practising real estate law); and Wellness in Reel Life (practical guidance on self-care). Register for two or more sessions and save. The Aboriginal Law Series continues on December 8, 2015 with a primer on Understanding Treaties. Panelists will explore the current legal framework around treaty making and treaty interpretation in Canada, navigating between pre-confederation and post-confederation treaties, modern treaties and those treaties currently being negotiated. Register now to attend in person or by tele-presentation. The Law Society is bringing back popular presenter Martin Latz for two limited enrollment programs in December: GAIN THE EDGE!® Negotiation Strategies for Lawyers on December 3, 2015 and Advanced Negotiation Strategies for Lawyers on December 4, 2015.

New Tax Rules for Testamentary Trusts – Speaker Johanna Caithness will discuss soon to be implemented Income Tax changes affecting trusts at this Wills and Estates section program on November 27, 2015, from noon to 1:30 pm at the Law Society classroom. She will focus on the removal of graduated rates for testamentary trusts and the implementation of the "graduated rate estate," changes to the taxation of spousal, joint spousal, alter ego and self-benefit trusts, and the new rules with respect to charitable donations on death. The "ins" and "outs" of real property mortgage realization - Doug Christie will discuss the current law and procedures relating to mortgage secured debt collection at this Real Property Law section program on December 2, 2015. The program will run from 5:00 – 6:30 pm at the Pitblado LLP boardroom. Joint Session With MAIRP – the Bankruptcy and Insolvency section is hosting this joint session on multi-purpose mortgages, equitable mortgages in bankruptcy, and cross-border insolvency update on December 2, 2015, from 4:30 to 6:00 pm at the Blackstone Lounge, Taylor McCaffrey LLP. Seniors and Healthy Aging Secretariat and Elder Abuse Strategy - Susan Crichton, of the Seniors and Healthy Aging Secretariat, will discuss the Secretariat and their elder abuse strategy at this December 8, 2015 program. It will run from noon to 1:30 pm in the 2nd floor boardroom, 444 St. Mary Avenue.

The MBA’s 2016 Mid-Winter Conference will take place January 21-23, 2016 at the Fairmont Hotel. Continuing professional development sessions of interest to solicitors include: Structuring and Attacking Life/Joint Tenancies, Use of Bare Trusts for Real Estates and Other Property Dealings, Anatomy of a Purchase, Navigating Your Way Through Wills and Estate Administration, and Protecting Clients Making Major Gifts.

There are two programs left in the Society of Trust and Estate Practitioners’ 2015 schedule: Farm Tax and Succession Planning (Nov 24) and New Philanthropy in Canada (Dec 15). To register for these programs or to see their 2016 lineup visit the Winnipeg branch page on the STEP website.