Recent News, Events, and Resources

What follows are highlights of the more important duties, responsibilities and liabilities imposed on directors of a privately-held, for profit corporation incorporated pursuant to The Corporations Act of Manitoba (the "MCA") under the provincial and federal laws applicable in Manitoba.

Cooperatives and COVID-19:  Can a Co-op hold an AGM electronically?

On March 11th, 2020, the World Health Organization declared the outbreak of COVID-19 (aka Coronavirus) a pandemic. On March 20th, 2020, the Government of Manitoba declared a state of emergency and many business were forced to either close or restructure their operations.

As of March 18, 2020, 9:30am, 569 cases of COVID-19 have been confirmed in Canada. Cases have been reported in Alberta, British Columbia, Manitoba, New Brunswick, Nova Scotia, Ontario, Prince Edward Island, Quebec and Saskatchewan. A probable case has also been reported in Newfoundland & Labrador. The Public Health Agency of Canada (PHAC) currently notes that most Canadian employees remain at low risk of infection, there is an increased risk of more severe outcomes for Canadians aged 65 and over, with compromised immune systems, and with underlying medical conditions. There are also increased health risks for Canadian travelers abroad.

As of March 10, 2019, COVID-19, a novel coronavirus, has appeared in four provinces: Alberta, British Columbia, Ontario, and Quebec; with one reported death in BC.  Although COVID-19 has not yet reached all of Canada, we are reminded daily through news headlines, social media, and even water cooler conversation that there is potential for cases to increase.  While it is important to remember that at this time, the Public Health Agency of Canada notes that without sustained human-to-human transmission, most Canadian employees are not at significant risk of infection, employers should nonetheless be examining their workplace readiness for COVID-19, in an effort to minimize the impact of an outbreak on their businesses and ensure employee health and safety.

As the cold weather arrives, so does the flu. The flu poses many challenges for employers, most significantly in regard to worker absences. There’s little doubt that an employer might be motivated by a business interest to encourage workers who are sick with the flu to stay home and rest so they can nip the symptoms in the bud, return to work sooner and avoid passing the flu on to co-workers and causing even more absences. But we all know that many workers will come to work with flu-like symptoms and tough it out for a day or two, feeling they’re still well enough to work (a phenomenon called “presenteeism”).

A straight line is always the shortest distance between two points, but the road to equality in terms of sexual orientation has not travelled that most direct route. Finding our way anywhere new, particularly if the path is sometimes blocked by a need for social, cultural and legal change, takes time and perseverance.

Supporting Our Future Leaders - The Future Leaders Awards Reception, Thursday, January 30, 2020

The media and its 24/7 news cycle provides us with daily reminders that we are seeing an increase in the number of reported harassment complaints in the workplace.

The best time for an employer to get legal advice on termination of employment issues is before hiring the employee. The second best time is before the termination actually takes place.

A form called Notice to birth father is required to be served on birth fathers in certain adoptions. This applies to private adoptions, de facto adoptions, extended family adoptions, and step parent adoptions. However, the Notice to birth father does not to be served if the birth father is signing consent.

An Adoption Order has the effect of granting legal parental status. Adoption confers important legal rights and is a creature of statute, governed by the Adoption Act of Manitoba.

In WAPSO, IFPTE Local 188 v. The City of Winnipeg (unreported) (“WAPSO v. Winnipeg”), the arbitrator hearing a grievance commenced by the union was tasked with deciding whether the overtime provisions contained in a collective agreement were in breach of The Employment Standards Code (the “Code”), the legislation in Manitoba that sets out minimum employment standards

Farm protection legislation dictates creditor enforcement action in the agricultural sector. Separate and apart from the usual considerations surrounding "reasonably notice" and waiver or expiry of the BIA s. 244 Notice of Intention to Enforce Security, the federal Farm Debt Mediation Act S.C. 1997 c.21 ("FDMA") prescribes an additional Notice of Intention to Realize Security ("NIRS") which must be served with 15 business days' notice before any enforcement action can occur.

Although efforts have been made over the last 30 years to create uniform PPSA regimes across the country, there remains subtle differences between provinces – even between the western provinces where we were all supposed to have adopted the same "Western Model".

The Manitoba Court of Appeal recently issued its decision In Warkentin v BMO Nesbitt Burns Inc. et al, 2018 MBCA 22, where an investment advisor who had been dismissed from his employment, without cause, accused his former employer and its general manager of deceit and bad faith.

As you are likely already aware, as of November 1, 2018, any organization that is subject to the Personal Information Protection and Electronic Documents Act of Canada (“PIPEDA”) will now have additional obligations in the event that your organization encounters a privacy breach. 

Under the Federal Cannabis Act, Canadians who are 18 years of age or older are now permitted to possess up to 30 grams of cannabis

Reasonable accommodation to the point of undue hardship as required by human rights legislation is all about compromises.  Often there is a legal requirement for employers to compromise with lessened productivity or by paying more to get the work done.

The Customer Service Standard passed pursuant to The Accessibility for Manitobans Act will apply to the private sector starting November 1, 2018.

Deciding to buy a business is a high stakes moment for entrepreneurs, with legal ramifications as well as lifestyle changes, financial commitments and a wide array of other issues. 

This summer saw Winnipeggers take to the streets for the first time in a Transgender March and Rally as part of Pride – a sign of increasing efforts to bring political and public attention to trans rights.

The Pew Research Center reports that millennials are significantly less likely to be married than previous generations in their 20s.  In Manitoba, couples living together in a common law relationship can have rights and obligations identical to those of married couples.

As a result of recent developments at Land Titles relating to unregistered mortgage amending agreements, which were the subject of our recent article here, many Manitoba lenders have been reviewing their internal mortgage renewal and amendment processes.

Lawyers are often asked by clients how often should they review their Will. Most lawyers would provide a very short and simple answer such as every 3 to 5 years, or when there is a significant change in your life. Though these are fine guidelines, they do not provide much in terms of guidance.

Executors of an estate have certain obligations to beneficiaries of an estate. When an executor does not fulfill his or her obligations, beneficiaries have certain rights to force an executor to comply. This usually means getting the court involved.

According to a report by CIBC last year, Canadians between the ages of 50-75 are set to inherit $750 billion over the next decade. As a beneficiary, the law is there to protect your rights during a tough time.

The mortgage sale and foreclosure process in Manitoba is becoming more complex all the time. One recent development that has contributed to the complexity is the strict enforcement by the District Registrars of Manitoba of the rules relating to mortgage amending agreements and, more specifically, mortgage amending agreements that have not been registered against title. This is a change from past practice of the District Registrars.

In Rocktenn Co. of Canada Inc. and USW, Local 1-830, 2015 CarswellMan 547 (Peltz), the employer, in order to fulfill its obligations under the collective agreement, contracted with an insurer to provide weekly indemnity benefits to its employees.

The Supreme Court of Canada recently issued a significant decision impacting federally regulated employers. In Wilson v. Atomic Energy of Canada Limited, the Supreme Court confirmed that employees covered by Division XIV of the Canada Labour Code (the “Code”) have job protection that is similar to that enjoyed by unionized employees.

The Supreme Court of Canada recently issued a significant decision impacting federally regulated employers.

A shareholders’ agreement is an agreement between the shareholders of a company which generally sets out the shareholders’ rights, privileges and obligations along with the foundation of how the corporation will be set up, managed and run.

In Manitoba, the rules are strict regarding an application to cancel the certificate of a union, commonly referred to as “decertification.” The same rules apply if there is a collective agreement after an employer voluntarily recognizes a union – it’s just called “termination of bargaining rights.”

In Manitoba, the rules are strict regarding an application to cancel the certificate of a union, commonly referred to as “decertification.” The same rules apply if there is a collective agreement after an employer voluntarily recognizes a union – it’s just called “termination of bargaining rights.”

When I started practicing, about 24 years ago, provincial and federal programs for funding of affordable housing for seniors had started to dry up.

Aside from situations involving farm land (where a leave order must first be obtained before commencing proceedings), land registered under The Registry Act (where the Courts have jurisdiction), and other rare exceptions, mortgagees can generally pursue mortgage sale and foreclosure in Manitoba

Aside from situations involving farm land (where a leave order must first be obtained before commencing proceedings), land registered under The Registry Act (where the Courts have jurisdiction), and other rare exceptions, mortgagees can generally pursue mortgage sale and foreclosure in Manitoba without Court action.

While Proposal Trustees do not typically get involved with investigating or challenging pre-filing transactions to the extent of Bankruptcy Trustees do, they do have the power to do so.

Ultimately, knowledge of an employee’s drug or alcohol use (whether that knowledge is obtained through testing or otherwise) will typically require an employer to take some kind of job action towards the employee, given due diligence obligations imposed under occupational health and safety legislation to ensure the safety of workers at work.

Crowdfunding has become an increasingly attractive and innovative way for start-up businesses and smaller private companies to raise capital in North America through the pooling of smaller, individual contributions by investors.

Regular employees may be terminated at any time without cause upon being given the minimum period of notice prescribed by applicable legislation, or by being paid salary in lieu of such notice or as may otherwise be required by applicable legislation.

The Supreme Court of Canada (“SCC”) had to decide whether an employee had been dismissed when his employer placed him on an indefinite, paid suspension (see Potter v. New Brunswick (Legal Aid Services Commission), 2015 SCC 10). The SCC’s decision involved a review of “constructive dismissal” – finding that an non-union employee has been dismissed because of the employer’s conduct, even though the employer did not explicitly dismissed the employee.

A survey of laws across Canada reveals that every province and territory, with the exception of Nunavut, has implemented a law against driving while using cell phones.

Imagine this scenario: Purchaser buys a business in Manitoba from Vendor. Due diligence is completed and the sale goes through. Roughly 10 years later, the union raises questions about an employee’s pension.

“Do we need to address domestic violence in our violence prevention policy?” This question often comes up when we’re contacted by clients to advise them on workplace violence prevention.

Imposing a mandatory retirement policy for workers who hit a specific age can be a useful and valid way for employers to meet their safety and health obligations. However, employers who implement mandatory retirement policies may have their work cut out for them in demonstrating that the policy is justifiable.

There is no doubt that Assisted Human Reproduction (AHR) is a ‘hot topic’ in Canadian Law. As AHR becomes increasingly commonplace across the country, case law is ever-expanding and select Canadian jurisdictions have made legislative changes to reflect the evolving reproductive landscape.

Generally speaking, and although there is limited case law to assist us on this point, it is my opinion that the greater the nexus or connection to Manitoba, the more likely the flow of benefits from the Manitoba legislation (and in particular, as further discussed below, Section 63(2) which permits a limited partner to engage in the business of the partnership without losing the limitation of liability).

It took a while but ultimately the CCAA proceedings for The Puratone Corporation generated some jurisprudence. Puratone involved one of this country’s top five hog producers which filed for protection on September 12, 2012 – just two days after Big Sky Farms, the nation’s second largest hog producer, went into receivership in Saskatchewan.

Once default occurs and a lender refrains from enforcement or otherwise requiring strict compliance with lending conditions, forbearance has occurred. There used to be a certain banality with forbearance. If a debtor had cash flow difficulties, there was a reasonable expectation its lender would agree to provide time to pay or defer an instalment.

From the vast assortment of insolvency cases reported this past year, this paper culled out an even dozen for the purposes of this CAIRP Mid-Market Commercial Insolvency Update: two from the Supreme Court; two from Manitoba; and eight others from across the country.

The Farm Protection Regime in Manitoba is built upon a disjointed combination of Federal and Provincial Statutes. Through multiple notice requirements, various administrative stays, Federal and Provincial Mediation Boards and, in some cases, Court supervision, farmers in financial difficulty are afforded a generously wide safety net against the actions of their creditors.

The content of this paper is concerned primarily with small business corporations with fewer than ten shareholders. As such, matters typically related to larger entities such as foreign ownership and securities regulation are touched upon, if at all, in only a cursory way.

What follows is a summary of the restrictions and options available to a Cooperative registered under Manitoba laws, that wishes to raise funds, either from the public or on a private placement basis.

Under human rights legislation, alcoholism is treated as a disability which warrants accommodation to the point of undue hardship.

In the workplace safety and health context, as with many other regulatory offence statues, a health and safety Inspector will both conduct the regulatory inspection and the investigation into impugned conduct.

Given the significant legislative requirements imposed on employers with respect to workplace safety and health, it is probably not surprising that the undue hardship factor with the greatest rate of success has been safety.

It seems that every year or so the restructuring community will fixate on a particular new case. The initial shock of this “precedent” is promptly followed by dire predictions of it undermining the efficiency of the restructuring business in this country.