Manitoba had only limited success in Houle v Manitoba, 2016 MBCA 76, in challenging a Land Value Appraisal Commission compensation award of $2,735,543.33 for the expropriation and relocation of farm property needed to re-align a road and build a bridge over the Red River. Manitoba’s main argument concerned the issue of duplicate recovery, specifically in regard to the characterization of relocation expenses as disturbance costs and the relationship between s. 26 and s.28 of The Expropriation Act. The court noted at para.107 that “(t)he determination by the Commission of due compensation is particularly challenging in circumstances involving a partial taking and relocation of farm property. The Commission is owed considerable deference when it determines, on the basis of the evidentiary record before it, that a particular claim is to be characterized as a claim for disturbance damages, equivalent reinstatement or injurious affection.” The court’s analysis on the relationship between disturbance costs, equivalent reinstatement and injurious affection (paras. 23 to 40) and its review of the specific complaints in this case, are instructive.

In Hearn v. Shand, 2016 MBQB 156, the court declined to conduct a reference accounting concerning the actions and fiduciary responsibilities of a son who admitted to misusing his mother’s bank and credit cards while she was hospitalized, because the specific terms of the reference required the court to consider his actions under a joint power of attorney (with his sister, the applicant) and there was no evidence that either attorney was aware of the appointment nor was there proof of the mother’s incompetence.

In The Rural Municipality of MacDonald v. Zettler et al., 2016 MBQB 150, the court dismissed the defendants’ motion to re-open a hearing and set aside an interlocutory injunction prohibiting them from operating a composting business on their property in violation of the zoning by-law. Disputes concerning the property had been ongoing since 2009, relating to the validity of a 1990 conditional use order (pre-dating the by-law) permitting the development of a landscaping business which was to include a composting operation. Ultimately the Court of Appeal found, pursuant to s. 54(1) of The Planning Act, that the defendants had not acquired the right to use the land for a non-conforming purpose since the non-conforming use had been discontinued for more than 12 months. The defendants subsequently discovered that the original owners had been granted a licence under The Environment Act permitting commercial composting on the property and that the RM was aware of this licence. They argued that this entitled them to compost on the property, but the court disagreed and dismissed the motion.

The Property Registry released a new electronically fillable PDF form on June 29, 2016. The eTransfer form is available for download on the Property Registry website and it's use will become mandatory on December 31, 2017. Although the existing form may still be used, lawyers are encouraged to use the eTransfer form as early as possible. For further information see the Property Registry notice, Registrar-General Directive, user guide, and training videos for transferor or transferee. See below for continuing professional development opportunities respecting the new forms. The Property Registry released the Plan Deposit Submission on June 26, 2016, a new application designed to allow Manitoba land surveyors and their staff to submit plans and supporting documents online for examination by the survey department. For further information see the notice, Registrar-General Directive, user guide and FAQs. As noted in this Registrar-General Directive dated June 24, 2016, the Mortgage Sale and Foreclosure Rules have been amended by the addition of Rule 2.05 concerning service of documents and interruptions or disruptions in postal service.

"Hidden" Property Tax Liability on Certain Farm Realty – the author of this Pitblado LLP article cautions those involved in farmland purchases to be aware that a property tax repayment obligation may be triggered by a change in use. Things You May Not Know About The Farm Debt Mediation Act – this Miller Thompson blog post highlights some of the less well-known details of the FDMA and how it operates. An Overview of Landlord Rights and Remedies Under Tenant Default – this TDS LLP article reviews the factors commercial landlords should consider when choosing from the multiple remedies available on tenant default. Is Your Purchaser Client Entitled to an HST New Housing Rebate? – this Slaw post discusses the need for Canadian real estate lawyers to be familiar with the complicated eligibility criteria for housing rebates under s. 254 of the Excise Tax Act and links to a paper providing an overview of court decisions on this topic. Future imperfect – the author of this Lawyers Weekly article stresses the importance of considering the long lasting and not always desirable effects of restrictive covenants before drafting them. Title Insurance and Recreational Properties: What You Need to Know – this Slaw post (originally published by LawPRO) summarizes the issues to keep in mind when obtaining title insurance for recreational properties. Buyer Tries Everything to Avoid Paying Commission to Agent – this Slaw post discusses a recent Ontario Divisional Court decision in which a buyer who had entered a representation contract with an agent was unsuccessful in his bid to avoid paying commission. Looking online just got easier – this Lawyers Weekly article discusses a recent Competition Tribunal decision ordering the Toronto Real Estate Board to lift restrictions imposed on member access to MLS information Steer Clear of Real Estate Claims by Asking These Five Questions on Every Deal – this Slaw post is a summary of a 2013 LawPRO article on how poor communication is often the underlying cause of real estate insurance claims. Cooling the housing market – this Canadian Lawyer article discusses the new tax on non-Canadian (or those without permanent residency status) purchasers of residential real estate in Vancouver and how it will affect that market.

The 2016 Isaac Pitblado Lectures, Pimohtéwin tati‎ mínowastánowahk (Journey to Reconciliation): Lawyers Called to Action, will examine the Calls to Action issued by the Truth and Reconciliation Commission and explore the role of lawyers in renewing relationships between Indigenous and non-Indigenous people in Canada. The lectures will be held November 4-5, 2016 at the Fort Garry Hotel. Register by September 30, 2016 to take advantage of the early bird rate.

Hot Topics in Wills and Estates – presenters at the Western Bar Annual cpd at Elkhorn Resort will consider such topics as estate planning for common-law couples and blended families; family farm transfers; and educating clients on unintended distributions. It takes place from 9:00 am to noon on September 9, 2016. The Winnipeg session of this seminar, scheduled for November 8, 2016, is sold out. From the Bar to the Bench: Lessons Learned Along the Way - Join Supreme Court of Canada Justice Richard Wagner on September 14, 2016, as he speaks about his career experiences working in the legal profession for more than 35 years. This jointly sponsored lunch session at Fort Gibraltar is eligible for 1.5 hours of CPD/EPPM credit. Registration must be received no later than September 6, 2016. To Act or Not to Act: A Conflicts Primer and Review of the New Conflicts Rules – Law Society of Manitoba counsel will discuss the fundamental principles of conflicts of interest and review the new conflicts rules at this September 20, 2016 webinar. Discounts are available for group registrations. Complex Estate Litigation: An Example Arising from a Tragedy – the aim of this seminar is to provide registrants with the tools and precedents to use when faced with complex estate litigation. It takes place from noon to 2:00 pm on October 6, 2016 at the Law Society classroom. Hot Topics in Real Estate (Brandon edition) - This popular program has been adapted for lawyers practising in the Brandon area and includes a review of transactions impacted by the Canada National Parks Act. It takes place on October 19, 2016, from 1:00 to 4:00 pm at the Victoria Inn, Brandon. Mortgage Sale and Foreclosure: Two Perspectives - Russell Davidson (LTO) and Albina Moran (TDS LLP) will offer different perspectives on the complicated mortgage sale and foreclosure process at this lunch session on October 26, 2016. Register soon to attend in-person or by tele-conference. Hot Topics in Wills and Estates (Winnipeg session) – Put your name on the wait list to attend this sold out program dealing with current issues facing wills and estates practitioners. Topics to be considered include estate planning for common-law couples and blended families; family farm transfers; and educating clients on unintended distributions. The program takes place from 1:00 to 4:00 pm on November 8, 2016 at the Law Society classroom. Plain Language Communication – Learn to communicate more effectively using plain language at this lunch program to be held November 23, 2016 at the Law Society classroom. Registration discounts apply to students and teleconference participants. NEW Language Rights Rule – This lunch program will examine ethical and professional obligations under the new Code of Professional Conduct rule on language rights and offer practical suggestions for both solicitors and litigators to meet those requirements. It will be held at the Law Society classroom on November 24, 2016. You are Not Alone: The Lawyer’s Guide to Dealing with Anxiety – learn how to recognize and manage anxiety at this highly recommended program developed specifically for Manitoba lawyers by the Anxiety Disorders Association of Manitoba. Take advantage of our reduced rate and register to attend on November 29 or 30, 2016, from 12 noon to 1:30 pm. Land Titles eForms 101 – Join Registrars Davidson (LTO) and Terra (Property Registry), and KK Pinkowski (Aikins) as they walk you through the new discharge, mortgage, caveat and transfer eForms now in use at Land Titles. Register for one of two offerings to be held December 6 (pm) or December 7(am), 2016, at the Law Society classroom.

The Real Property section of the Manitoba Bar Association will begin its fall programming on September 15, 2016 with a session on The new Land Titles eMortgage. District Registrars Davidson and Terra will discuss the new pdf fillable form of mortgage, taking into account typical mortgage secured obligations. Use of the new eMortgage form will become mandatory in October of 2017. The program will be held in the Pitblado LLP boardroom, from 5:00 to 6:30 pm.

The Winnipeg branch of the Society of Trust and Estate Practitioners (STEP) is offering a full slate of educational sessions this year, including programs on CPP – Myths and Legends (Sept 20); Trust and the 21 Year Rule (Oct 25); and Owner-Manager Compensation (Dec 6). To register, or for information on how to become a member of STEP, check their website.