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The Law Reform (Miscellaneous Amendments) Act

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S.M. 1992, c. 32

The Law Reform (Miscellaneous Amendments) Act

(Assented to June 24, 1992)

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

THE BULK SALES ACT

C.C.S.M. c. B100 repealed

1           The Bulk Sales Act, R.S.M. 1987, c. B100, is repealed.

Consequential amendment, C.C.S.M. c. C223

2           Subsection 144(4) of The Cooperatives Act is repealed.

Consequential amendment, C.C.S.M. c. C301

3           Subsection 126(4) of The Credit Unions and Caisses Populaires Act is repealed.

Consequential amendment, C.C.S.M. c. F40

4           Subsection 34(13) of The Farm Machinery and Equipment Act is repealed.

Consequential amendment, C.C.S.M. c. N15

5           Subsection 27(2) of The Natural Gas Supply Act is repealed.

Consequential amendments, C.C.S.M. c. R130

6           The Retail Sales Tax Act is amended

(a) in subsections 8(1), (2) and (3), by striking out ", as defined in The Bulk Sales Act,"; and

(b) by adding the following after subsection 8(3):

Definitions

8(4)        In this section,

"sale" includes a transfer, conveyance, barter or exchange and an agreement to sell, transfer, convey, barter or exchange; («vente»)

"sale in bulk" means a sale of a stock, or part of a stock, out of the usual course of business or trade of the vendor or of substantially the entire stock of the vendor, or of an interest in the business of the vendor; («vente en bloc»)

"stock" means

(a) stock of goods, wares, merchandise or chattels that are ordinarily the subject of trade and commerce,

(b) goods, wares, merchandise or chattels in which a person trades or that the person produces or that are the output of, or with which the person carries on, a business, trade or occupation; («stock»)

"stock in bulk" means any stock or portion thereof that is the subject of a sale in bulk; («stock en bloc»)

"vendor" includes a person who barters or exchanges stock in bulk with another person for other property, real or personal. («vendeur»)

Consequential amendments, C.C.S.M. c. W200

7           Section 81.1 of The Workers Compensation Act is amended

(a) in subsection (1), by striking out "as those terms are defined in The Bulk Sales Act,"; and

(b) by adding the following after subsection (2):

Definitions

81.1(3)     In this section,

"sale" includes a transfer, conveyance, barter or exchange and an agreement to sell, transfer, convey, barter or exchange; («vente»)

"sale in bulk" means a sale of a stock, or part of a stock, out of the usual course of business or trade of the vendor or of substantially the entire stock of the vendor, or of an interest in the business of the vendor; («vente en bloc»)

"stock" means

(a) stock of goods, wares, merchandise or chattels that are ordinarily the subject of trade and commerce,

(b) goods, wares, merchandise or chattels in which a person trades or that the person produces or that are the output of, or with which the person carries on, a business, trade or occupation; («stock»)

"stock in bulk" means any stock or portion thereof that is the subject of a sale in bulk; («stock en bloc»)

"vendor" includes a person who barters or exchanges stock in bulk with another person for other property, real or personal. («vendeur»)

THE LAW OF PROPERTY ACT

C.C.S.M. c. L90 amended

8(1)        The Law of Property Act is amended by this section.

8(2)        Section 12 is repealed and the following is substituted:

Equitable waste

12          An estate for life without impeachment of waste does not confer and shall not be deemed to confer on the tenant for life a legal right to commit waste of the description known as equitable waste unless an intention to confer the right expressly appears in the instrument creating the estate.

8(3)        Section 13 is repealed and the following is substituted:

Waste by tenants

13(1)       Subject to the express terms of a lease, or of a covenant, agreement or stipulation affecting a tenancy,

(a) every tenant for years and every tenant for life is liable to the landlord, to a trustee of a trust under which such a tenancy subsists, and to a person for the time being having a reversionary interest in the premises, for voluntary waste and for permissive waste in respect of the premises to the extent by which the interest of the landlord, the trustee and the person is detrimentally affected thereby; and

(b) every tenant at will is liable to the landlord and to a person having a reversionary interest in the leased premises for voluntary waste in respect of the premises to the extent by which the interest of the landlord and the person in the premises is detrimentally affected by the voluntary waste.

Damages and injunction

13(2)       Every landlord, trustee and other person having a reversionary interest in leased premises is entitled, in respect of waste by a tenant on the premises, in an action brought in a court of competent jurisdiction to obtain damages or an injunction, or both.

Ameliorating waste

13(3)       Nothing is this section abrogates, diminishes or affects the jurisdiction of a court with respect to ameliorating waste.

8(4)        The following is added after section 17.10:

Rule in Shelley's Case abolished

17.11(1)    The rule of law known as the Rule in Shelley's case is abolished in so far as it is part of the law of Manitoba.

Application

17.11(2)    This section applies to any interest in real property created before, on or after the day on which this section comes into force, but does not apply where, before this section comes into force, an action is taken or a document or instrument is prepared in reliance on the Rule in Shelley's case.

THE LIQUOR CONTROL ACT

C.C.S.M. c. L160 amended

9           Section 183 of The Liquor Control Act is repealed.

THE MERCANTILE LAW AMENDMENT ACT

C.C.S.M. c. M120 amended

10          Section 6 of The Mercantile Law Amendment Act is repealed and the following is substituted:

Part performance of obligation

6(1)        Part performance of an obligation either before or after a breach of the obligation extinguishes the obligation

(a) when expressly accepted by a creditor in satisfaction; or

(b) when rendered pursuant to an agreement for that purpose;

though without any new consideration.

Unconscionability

6(2)        Notwithstanding subsection (1), an obligation is not extinguished by part performance where a court of competent jurisdiction finds that it is unconscionable to so allow.

Agreement under clause 6(1)(a)

6(3)        Subject to any agreement to the contrary, an acceptance by a creditor under clause 6(1)(a) need not be in writing.

Right of revocation

6(4)        A creditor may revoke an agreement under clause 6(1)(b) where

(a) the debtor has not commenced performance of the agreement; or

(b) the debtor has commenced performance of the agreement, but fails to continue performance on a date or within a time provided for in the agreement, and it would be unreasonable in the circumstances for the creditor to give the debtor more time to remedy the default.

Transitional

6(5)        This section does not affect an obligation arising before the day on which this section comes into force.

THE WAGES RECOVERY ACT

C.C.S.M. c. W10 repealed

11          The Wages Recovery Act, R.S.M. 1987, c. W10, is repealed.

COMING INTO FORCE

Coming into force

12          This Act comes into force on the day it receives royal assent.