C.C.S.M. c. L107
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PART 1
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DEFINITIONS
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1
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| Definitions
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PART 2
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THE LAW SOCIETY
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STATUS AND PURPOSE
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2
| (1)
| Law Society continued
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| (2)
| Powers
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| (3)
| Corporations Act does not apply
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3
| (1)
| Purpose
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| (2)
| Duties
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GOVERNING BODY
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4
| (1)
| Governing body continued
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| (2)
| Benchers' mandate and powers
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| (3)
| Benchers may act by resolution
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| (4)
| Benchers may act despite vacancies
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| (5)
| General power to make rules
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| (6)
| Rules are binding
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5
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| Membership of governing body
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6
| (1)
| Rules re election of benchers
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| (2)
| What the rules must provide
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| (3)
| What the rules may provide
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7
| (1)
| Appointed lay benchers
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| (1.1)
| Appointed practising benchers
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| (1.2)
| Rules re appointed practising benchers
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| (2)
| Rules re appointed lay benchers and appointed practising benchers
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8
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| Term of office
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9
| (1)
| Life benchers
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| (2)
| Part year counts as a year
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10
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| Honorary benchers
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OFFICERS
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11
| (1)
| President and vice-president
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| (2)
| Substitutes
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12
| (1)
| Chief executive officer
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| (2)
| Powers and duties
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| (3)
| Delegation
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13
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| Other officers
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MEETINGS
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14
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| Meetings of benchers
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15
| (1)
| Meetings of members
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| (2)
| Annual report
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| (3)
| Rules about membership meetings
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COMMITTEES
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16
| (1)
| Benchers may establish committees
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| (2)
| Rules re committees
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MEMBERS OF THE SOCIETY
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17
| (1)
| Who is a member
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| (2)
| Qualification for membership
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| (3)
| Ceasing to be a member
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| (4)
| Members may not resign
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| (5)
| Rules about membership and authority to practise
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18
| (1)
| Membership records
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| (2)
| Rules re membership records and other books
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MEMBERSHIP FEES AND ASSESSMENTS
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19
| (1)
| Admission fees
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| (2)
| Annual fees for practising lawyers
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| (3)
| Exemption re contribution to claims fund
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| (3.1)
| Exemption — district registrars
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| (4)
| Setting fees and assessments
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| (5)
| Rules re fees and assessments
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PART 3
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AUTHORITY TO PRACTISE LAW
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GENERAL
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20
| (1)
| Authority to practise law
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| (2)
| Unauthorized practice of law
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| (3)
| Activities deemed to be carrying on the practice of law
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| (4)
| Exceptions
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21
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| Practice by students
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INTERJURISDICTIONAL PRACTICE
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22
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| Interjurisdictional practice
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23
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| Interjurisdictional law firms
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24
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| Members practising outside Manitoba
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LAW FIRMS
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24.1
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| Rules re law firms
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24.2
| (1)
| Application of Act and rules
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| (2)
| Obligations to clients not diminished
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LIMITED LIABILITY PARTNERSHIPS
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25
| (1)
| Authority to practise in limited liability partnership
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| (2)
| Rules re limited liability partnerships
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ENFORCEMENT
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26
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| Employment or engagement of former or suspended member
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27
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| False representation
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28
| (1)
| Offence
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| (2)
| Offence by corporation
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| (3)
| Penalty
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| (4)
| Fine payable to minister
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| (5)
| Prosecution by society or others
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| (6)
| Repealed
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29
| (1)
| Society may apply for injunction
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| (2)
| Court may grant injunction
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PART 4
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LAW CORPORATIONS
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30
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| Definitions
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31
| (1)
| Authority of law corporation to practise law
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| (2)
| How law corporation may practise
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32
| (1)
| Corporate permit
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| (2)
| Refusal to issue permit
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33
| (1)
| Business without permit prohibited
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| (2)
| Valid permit
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| (3)
| Restriction on business of law corporation
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| (4)
| Validity of corporate act
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34
| (1)
| Voting agreements void
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| (2)
| Unanimous shareholders' agreements void
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35
| (1)
| Application of Act and rules
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| (2)
| Obligations to clients not diminished
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36
| (1)
| Liability of members
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| (2)
| Liability of voting shareholders
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37
| (1)
| Grounds for suspension or revocation of permit
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| (2)
| Limitation
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38
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| References in other Acts, regulations, etc.
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39
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| Rules re law corporations
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PART 5
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REPRESENTATION IN HIGHWAY TRAFFIC MATTERS
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40
| (1)
| Authority to act as agent or provide advice
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| (2)
| Limitation
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| (3)
| Justice may bar agent
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41
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| Privileged communication
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42
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| Regulations
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PART 6
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PROTECTION OF THE PUBLIC
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DIVISION 1
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PRACTICE STANDARDS AND LAWYER ASSISTANCE PROGRAMS
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43
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| Practice standards
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44
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| Programs to assist lawyers
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DIVISION 2
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PROFESSIONAL LIABILITY CLAIMS FUND
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45
| (1)
| "Professional liability claim" defined
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| (2)
| Professional liability claims fund continued
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| (3)
| Purpose of claims fund
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| (4)
| Property of claims fund
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| (5)
| Professional liability insurance
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| (6)
| Payments out of claims fund
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| (7)
| Rules re claims fund
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DIVISION 3
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REIMBURSEMENT FUND
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46
| (1)
| Reimbursement fund continued
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| (2)
| Purpose of reimbursement fund
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| (3)
| Property of reimbursement fund
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47
| (1)
| When loss may be compensated
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| (2)
| Reimbursement is discretionary
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| (3)
| Recovery of compensation
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| (4)
| Application of money recovered
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| (5)
| Rules re reimbursement fund
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48
| (1)
| Interjurisdictional reimbursement program
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| (2)
| Funding interjurisdictional program or losses
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DIVISION 4
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FINANCIAL ACCOUNTABILITY
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49
| (1)
| Rules re financial responsibility
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| (2)
| Trustee Act
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50
| (1)
| Interest on trust deposits
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| (2)
| Interest to foundation
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| (3)
| Not required to account for interest
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| (4)
| Client-directed investment
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51
| (1)
| Unclaimed trust money
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| (2)
| Liability for trust money extinguished
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| (3)
| Trust property
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| (4)
| Payment to claimant
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| (5)
| Appeal to Court of Queen's Bench
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| (6)
| Property held for 10 years
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DIVISION 5
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LAWYERS' FEES
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52
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| Court's power to tax or revise costs
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53
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| Client may apply for assessment
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54
| (1)
| Rules re interest
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| (2)
| Change of interest on taxation
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55
| (1)
| Meaning of "contingency contract"
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| (2)
| No requirement for action
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| (3)
| Requirements on making contingency contract
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| (4)
| Failure to comply
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| (5)
| Application for declaration that contract unfair
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| (6)
| Manner of giving evidence
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| (7)
| Declaration voiding contract
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DIVISION 6
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CUSTODIANSHIP
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56
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| Definitions
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57
| (1)
| Court order appointing custodian
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| (2)
| Criteria for making the order
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| (3)
| Authority to enter and seize
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| (4)
| Additional orders
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| (5)
| Notice of application
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| (6)
| Service of court order
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| (7)
| Responsibility of person served
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58
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| Custodian to give notice of property held
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59
| (1)
| Claiming a solicitor's lien
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| (2)
| Custodian to give notice of claim
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| (3)
| Custodian may override lien
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60
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| No liability
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61
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| Court costs
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62
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| Recovery of expenses by society
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DIVISION 7
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COMPLAINTS AND DISCIPLINE GENERALLY
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63
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| Definitions
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64
| (1)
| Disciplinary jurisdiction
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| (2)
| Member disciplined in foreign jurisdiction
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65
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| Contravention of Act or rules
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DIVISION 8
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COMPLAINTS AND INVESTIGATIONS
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66
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| Complaints investigations
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67
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| Right to obtain information
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68
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| Committee may suspend or impose conditions
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69
| (1)
| Confidentiality of complaints and proceedings
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| (2)
| Permitted disclosure
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DIVISION 9
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DISCIPLINE PROCEEDINGS
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70
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| Discipline committee
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71
| (1)
| Provisions applicable to hearings
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| (2)
| Failure of witness to attend or give evidence
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72
| (1)
| Consequences of professional misconduct or conduct unbecoming
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| (2)
| Consequences of incompetence
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| (3)
| Order of fine or costs may be filed as court order
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73
| (1)
| Additional consequences: law firm
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| (2)
| Contravention by law firm
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| (3)
| Failure to pay fine
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74
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| Extraprovincial misconduct
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DIVISION 10
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APPEALS
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75
| (1)
| Appeal of interim suspension
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| (2)
| Time limit for appeal
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| (3)
| Further appeal
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76
| (1)
| Appeal to Court of Appeal
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| (2)
| Appeal by society to Court of Appeal
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| (3)
| Time limit for appeal
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DIVISION 11
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PRIVILEGE
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77
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| Solicitor-client privilege applies
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78
| (1)
| Exclusion of members of public
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| (2)
| How and when order can be made
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79
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| Repealed
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80
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| Publication after conviction
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81
| (1)
| Exclusion of public to preserve privilege
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| (2)
| Disclosure of information in judgment
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82
| (1)
| Rules to preserve privilege
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| (2)
| Privileged records not to be produced
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DIVISION 12
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EXTENSION OF APPLICATION
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83
| (1)
| Application of Divisions extended
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| (1.1)
| Application of Part to law firms
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| (2)
| Application of rules extended
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PART 7
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GENERAL
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84
| (1)
| Order of precedence
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| (2)
| Existing appointments
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85
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| Service and receipt of documents
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86
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| No liability
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PART 8
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THE MANITOBA LAW FOUNDATION
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87
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| Manitoba Law Foundation continued
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88
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| Purpose of foundation
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89
| (1)
| Powers of foundation
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| (2)
| Employment of staff
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90
| (1)
| Legal Aid and Law Society grants
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| (2)
| Pro rata amounts
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| (3)
| Reports from Legal Aid and Law Society
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| (4)
| Discretionary grants
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| (5)
| "Fiscal year" defined
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91
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| Board of directors
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92
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| Powers of board
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93
| (1)
| Term of office
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| (2)
| Appointment of successors
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94
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| Disqualification of director
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95
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| Vacancies
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96
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| Remuneration
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97
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| Chairperson
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98
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| Meetings
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99
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| Quorum
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100
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| Conflict of interest
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101
| (1)
| Annual audit and report
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| (2)
| Tabling in Legislative Assembly
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102
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| No liability
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103
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| Corporations Act does not apply
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PART 9
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TRANSITIONAL PROVISIONS, CONSEQUENTIAL AMENDMENTS AND COMING INTO FORCE
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104
| (1)
| Transitional: holding office
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| (2)
| Transitional: proceedings
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| (3)
| Transitional rules
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105 to 107
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108
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| Repeal
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109
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| C.C.S.M. reference
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110
| (1)
| Coming into force
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| (2)
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