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Volume 3 Issue 2 Fall 2011

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Anti-Spam Act to come into full force in 2012

by Paul K. Grower 

In December of 2010, the federal government passed Canada’s first “anti-spam” Act. This Act, according to the government, attempts to “promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities.” In other words, by enacting this legislation, the federal government is attempting to limit the amount of spam we receive...  Read more>

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Bankruptcy and the Sharing of Family Assets on Separation

by Marcelin F. Murray

On July 14, 2011, the Supreme Court of Canada released its decision in Schreyer v. Schreyer.  This decision confirms that, as matters now stand in Manitoba, it is possible on separation for a spouse to avoid making an equalization payment on account of family property to the other party where the spouse has claimed bankruptcy.  This is the case even where the spouse retains assets which are exempt from bankruptcy... Read more>  

 

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Proposal by Citizenship and Immigration to hold immigrants to tighter language standards

by Sofia Mirza 

Citizenship and Immigration’s proposal to require immigrants to furnish upfront evidence of their English or French language ability has elicited debate across the country. Some say that the proposed evidentiary requirements may throw up a barrier for some immigrants, while others argue that competence in one of Canada’s official languages is crucial for solid integration and successful settlement in Canada... Read more>

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Warning Issued by Trademarks Office

by Steven Z. Raber

All trademark applications and registrations are public documents. In the Internet age, this means that information relating to trademark applications and registrations may be obtained with just a few key strokes... Read more>

 

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Taxation of Investment Income under the Indian Act: SCC decisions in Bastien Estate v. Canada and Dubé v Canada

By Johanna C. C. Caithness

On July 22, 2011, the Supreme Court of Canada released its decisions in Bastien Estate v. Canada and Dubé v. Canada.  The decisions held that certain investment income earned by an Indian (as defined in the Indian Act) was exempt from taxation under section 87 of the Indian Act on the basis that it was “personal property of an Indian or a band situated on a reserve.”  These decisions clarified the proper test for the application of the exemption under section 87.  Prior to these decisions, courts had increasingly been focusing on whether the property or activity which generated the property in question was connected with traditional Indian ways of life... Read more>

Lawyer Profile

E. Beth Eva, Partner 

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A conversation with Fillmore Riley’s E. Beth Eva. She discusses the new Pension and Benefits Practice Group and her diverse, impressive practice.  Read more>

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Nine lawyers from Fillmore Riley LLP were recently selected by their peers for inclusion in The Best Lawyers in Canada 2012. Those recognized were Bob McDonald, Charles Sherbo, Stuart Blake and Bernice Bowley in Insurance Law; Tim Dewart in Banking & Finance, Corporate, and Real Estate; Cy Fien in Tax Law and Trusts and Estates; Wayne Leslie in Corporate & Commercial Litigation and Insolvency & Financial Restructuring; Mickey Rosenberg in Real Estate Law; and Rob Simpson in Labour & Employment Law.

Fillmore Riley was a proud “Bowl Sponsor” for Winnipeg Harvest’s 2011 Empty Bowl Celebrity Auction. The event, held on November 10, 2011, raised $305,000 dollars, almost $20,000 more than last year.

Dean Giles and Sven Hombach presented at the 2011 Municipal Officials Seminar. Dean addressed municipal decision-making and conflict of interest issues while Sven presented “Environmental Issues for Municipalities.”

Mark Newman provided a Manitoba legal update at the Canadian Property Tax Association’s annual conference held in late September 2011. Mark also did a presentation on employees versus independent contractors for Great West Life’s Continuing Education program on October 27, 2011.

Anita Southall has been appointed as a member of the Discipline Committee of the Law Society of Manitoba. She is also a learning group facilitator and evaluator for the oral advocacy section of the Canadian Centre for Professional Legal Education’s bar admission program (Manitoba).

Norman Yusim gave a lecture about children’s best interests to the intensive family law class at Robson Hall on November 3, 2011.

Daniel P. Ryall, President of the Canadian Transport Lawyers Association, hosted the association's annual international conference held on September 22-24, 2011, at Inn at the Forks in Winnipeg, Manitoba. Jody Langhan gave a presentation entitled “Good Faith and Fair Dealing in the Execution of Transport Contracts” and Sofia Mirza presented “The Process of Hiring a Foreign Worker.”

Sofia Mirza has been acclaimed to the position of Director of Membership of the Executive of the Manitoba Bar Association (MBA). She has also accepted a role as mentor of law students through the MBA’s Mentorship Program.

Dana Nelko organized and served as moderator at the Law Society of Manitoba’s program “When the Family Business Fails” held on November 4, 2011. Eleanor Wiebe presented a paper at the program entitled “Considerations for Commercial lawyers in Family Businesses.”

Eleanor Wiebe was invited to and attended The Judicial Round Table on Access to Justice and Legal Empowerment of the Poor held on November 16, 2011, at the University of Winnipeg. The Round Table fostered dialogue on how judges and the justice community at large can make contributions to creating an environment where laws, institutions and policies governing economic, social and political affairs in communities are accessible to all. Similar Round Tables have been held in Ottawa, Saskatoon and Montreal.

David Kroft was a panellist at the 2011 Isaac Pitblado lectures, “Back from the Brink: Insolvency in the New Era.” David also was recently elected to serve on the board of the Centre for Israel and Jewish Affairs.

Dean Giles served as a learning group facilitator and evaluator for the drafting pleadings module of the Law Society of Manitoba’s Canadian Centre for Professional Legal Education bar admission program.