The Manitoba Law Reform Commission Releases Consultation Report on Small Estates

Just this week, the Manitoba Law Reform Commission published its consultation report entitled, “Updating the Administration of Small Estates in Manitoba.” The consultation report considers possible legislative amendments that might improve how law and procedure operate during the administration of small estates. The Commission notes that ordinarily, there are legal and administrative costs and burdens associated with obtaining probate. The Commission then asks: “[b]ut what happens in the case of relatively small estates, where the Read more

CRT Roundup—repairs, chargebacks, parking stalls, and more

This post is part of a monthly series summarizing the Civil Resolution Tribunal’s strata-property decisions. There have been 18 new decisions since the last post. Repairs—water penetration—negligence and significant unfairness In Capek v The Owners, Strata Plan VR1706, 2017 BCCRT 42, the applicant owner alleged that the strata corporation was negligent and significantly unfair to him in taking “8 months to repair a . . . leak affecting [his strata lot’s] bedroom and that it failed to address a Read more

Undue Influence and Will-Making

This series examines and compares recommendations made in several BCLI reports and those made by the Law Commission of England and Wales. To read the other posts in the series click here. Undue influence can be defined as a situation where a person is pressured to perform a legal act, and where that person does not truly wish or intend to perform that act. Using will-making as an example, undue influence would be a situation where a Read more

Digital Wills: How the Law of Wills Responds to the Electronic Era

This series examines and compares recommendations made in several BCLI reports and those made by the Law Commission of England and Wales. To read the other posts in the series click here. Until comparatively recently, a will written on anything but paper or another tangible surface would have been a bizarre concept. As technology continues to advance, however, the need grows for law to be current and responsive to technological development. Not unlike other areas of law, Read more