In Russell Inns Ltd v Manitoba, 2016 MBCA 124, the court dismissed Manitoba’s appeal of a Land Value Appraisal Commission decision awarding appraisal, legal and other costs pursuant to s.15(7) of The Expropriation Act for want of jurisdiction, finding that the Act only permits appeals where the costs are certified by the Commission as part of the compensation payable for the expropriation pursuant to s. 15(2). In an earlier appeal Manitoba had successfully challenged the Commission’s jurisdiction to order payment of appraisal costs on an interim basis and it argued that the costs of this appeal should not have been included in the Commission’s final order of costs, since s.15(6) of the Act limits compensation for legal costs to those incurred for the purpose of determining expropriation compensation. According to the court, the express wording of s. 44(1) does not permit an appeal solely from the Commission’s determination of costs and, until such section is amended, “issues arising from a decision of the Commission to award appraisal, legal or other costs pursuant to section 15(7) must be taken to the Court of Queen’s Bench by way of judicial review…” (para. 41). 

The court endorses the “modern trend” of having the loser in estate litigation pay the costs (rather than the estate) in Gorrie v. Manitoba (Director of Psychiatric Services) et al;, 2017 MBQB 10, a protracted committeeship/power of attorney dispute involving warring siblings. “The success of a party should be a major consideration” said the court. “Not only is it consistent with the trend, but it sends a message to the litigants that they need to look for consensus rather than litigation when they deal with their mother’s affairs on a go-forward basis.” Only partial compensation ($47,547.48 of the $65,066.26 claimed) was awarded, however, since the successful sibling bore some responsibility for the dispute. The court also awarded $10,000 costs in favour of the estate as a partial indemnity for the costs of the Public Guardian. 

A January 13, 2017 notice from the Court of Queen’s Bench alerts practitioners to amendments to Rule 74, including the recent repeal of Rule 74.13 (concerning deposit of wills with the Registrar); as well as amendments to Rules 74.12 (concerning procedures for passing of accounts) and 74.14 (detailing changes to Form 74AA), both of which will come into force on July 1, 2017. 

The Registrar-General issued a new directive on January 27, 2017 concerning the Approval of the updated electronic Caveat form which is now available for download from The Property Registry’s website. This news release gives further details of the new eCaveat, and reminds users that use of the new smart forms will become mandatory in December 2017. Training resources and user guides are available on the Property Registry website.

The Manitoba Securities Commission is seeking input from real estate practitioners concerning the contents of the standard Manitoba Residential Offer to Purchase form. Suggestions for modifications to the form should be submitted to the attention of the Registrar, Manitoba Securities Commission, 500 - 400 St. Mary Avenue, Winnipeg, MB, R3C 3K5, by March 31, 2017.

The Manitoba government is repealing the current Manitoba Farm Building Code and amending the Manitoba Building Code to add specific provisions for farm building code requirements. The changes are intended “to reduce the red tape burden on those planning to build new farm buildings, while still ensuring appropriate rules will be in place related to occupant safety and fire prevention.” The changes are summarised in more detail in the news release. 

Balancing rights of debtors, creditors - this Lawyers Weekly article discusses how PIPEDA has affected the enforcement of judgments by way of land sales and the implications of the recent SCC decision in Royal Bank v. Trang, 2016 SCC 50 (holding that privacy rights did not bar mortgagees from disclosing mortgage discharge statements to judgment creditors)

An Assessor’s Duty to be Fair - this MLT Aikins article discusses Boeing Canada Operations Ltd. v. Winnipeg (City) Assessor, 2016 MBQB 175 (summarized in the October 2016 eLaw), in which the duty of procedural fairness was applied to an Assessor charged with the responsibility of assessing the value of real property for tax purposes.

Risks and Complications of Joint Tenancies in Estate Planning – this MLT Aikins article lists the many complications arising from the use of joint tenancies in estate plans.

An “all star” panel will present at the 10th anniversary edition of this annual program chaired by Jeff Shypit. Due to the popularity of this program it is being offered on two dates: April 24(pm) and April 25(am), 2017. The Monday afternoon session has now  sold out. Limited spacing is still available for Tuesday afternoon, so register soon to secure your spot.

Canada Goods and Services Tax and dealings in real estate interests – presenters will discuss the application of GST to real estate transactions at this rescheduled Real Property section program on February 27, 2017. The program will be held from 5:00 - 6:30 pm at Pitblado LLP.

Water rights (and obligations) - if you act for owners of agricultural or recreational properties outside of urban areas you need to understand the common law and statutory rules relating to the drawing, use, collection and control of water from both standing bodies and wells.  These topics will be discussed at the upcoming Real Property section meeting on March 16, 2017, which takes place from 5:00 - 6:30 pm at Pitblado LLP.