The amendments to the Rules will provide a more structured procedure for bringing new evidence motions. They will also address challenges parties face when the entirety of an appeal relies on the introduction of further evidence or when allegations of ineffective assistance of counsel are raised as a ground of appeal, which frequently involve motions to introduce further evidence.
In such cases, the appellant will often want to provide the Court with information concerning instructions to and conduct of counsel. This information will typically come before the Court by way of a motion for leave to file fresh evidence. Any response to such evidence will usually come from counsel in first instance or cross-examination of affidavit evidence by the responding party. The Court may also need to consider opposing affidavits from the respondent which the appellant may wish to cross-examine on. “
All Court of Appeal Notices and Practice Directions can be found on the Manitoba Courts website.
“Where counsel to an accused in a criminal case is moving to withdraw as counsel, the motion to withdraw is returnable before the pre-trial conference judge (and is not returnable on the Criminal Motions and Bails List).
To obtain a date before the pre-trial conference judge, counsel may contact the trial coordinator by email. This approach permits the pre-trial conference judge (who has background regarding the case) to canvass with counsel and the accused how to mitigate the effect a potential withdrawal by counsel may have on the previously scheduled trial which is otherwise required to promptly proceed forward absent exceptional circumstances. To similarly minimize the impact of a withdrawal by counsel (either on the trial or the accused’s desire to be represented by available counsel at trial), a motion to withdraw as counsel should be brought as soon as possible. In those situations where a motion to withdraw is filed within days of the scheduled trial date, it may be that the motion is heard by the trial judge.”
“Further to the Notice issued on June 9, 2022 concerning the return to in-person proceedings effective September 6, 2022, the Masters have had some time to consider the issue of attendance of children aged 12 and over at the Masters’ Child Protection Dockets.”
“… [G]iven the very specific legislative requirement pursuant to section 33(2) of The Child and Family Services Act, C.C.S.M. c. C80, impacted children aged 12 and over need to be served, and brought to court to address their rights. This return to pre-pandemic practice will be effective immediately.”
The full notice regarding this update can be found here.
A new King means a lot of change for the legal community. The names and titles of a monarch are ingrained in the statutes of Manitoba since it was established. They have been adapted as needed, starting with the Court of King’s Bench of Manitoba.
The History of the Court of Queen’s Bench act.
There are probably only a few people around today that remember when it used to be called the King’s Bench, but the court has seen its share of name changes in its history. When the courts were first established in Manitoba, Queen Victoria was sovereign.
Originally, in 1871, the court was actually to be the called “The Supreme Court”:
1871 34 Vict Cap. 2
But that didn’t last long. The very next year the court was changed to reflect the role of the Queen, and already there were provisions should a King ascended to the throne.
1872 35 Vict Cap 3
The 1880 consolidation Chapter 31 stayed that way –
until the reign of Edward VII substituted the new title in 1901.
The 1902 consolidation would add some clarification to ongoing cases still in the King’s, or Queen’s, name.
And with the rise of Queen Elizabeth II in 1952 the title would change again.
1952 S.M. Ch. 13
While it’s still called “The Queen’s Bench Act” (C.C.S.M. c. C280) today, the provision for naming remains. Maybe some extra paperwork could have been saved in the last 150 years had they just stuck with “Supreme Court.”
Queen’s Counsel to King’s Counsel
Another piece of legislation to be updated involves the practice of appointing Queen’s Counsel. The practice was enacted in Manitoba in 1909 with King Edward.
1909 SM C.28 (9 Ed. VII cap. 28)
The practice would continue with TheLaw society Act, 1954 RSM Ch. 139.
One last small change to keep in mind is the change in the neutral citations for decisions. The most recent decisions from the King’s Bench have already adopted the MBKB citation.
“On June 1, 2022, the Statutory Rules Committee of the Court of Queen’s Bench approved changes to:
Queen’s Bench Rules 74 and 75 (along with new forms) that deal with probate practice and contested estates;
The Court of Queen’s Bench Tariff;
Queen’s Bench Rule 4.10(1) dealing with access to family proceeding files”
Probate Rules 74 and 75 will have modernized language and terminology. The new rules and forms are gender neutral and were drafted with a view to making them understandable to self-represented parties who are increasingly filing probate and administration applications. The new probate rules and forms come into force on October 1, 2022
The amendments to the Court of Queen’s Bench Tariff include:
An across the board tariff increase of approximately 25%;
The amount for preparation for trial is increased to the same amount as the lawyer’s fee at the trial of an action (item (r));
A compensable tariff item is added for written argument following trial when such written argument is directed by the judge, in an amount equal to 33% of the amount allowed per half day of trial;
The addition of new tariff items for triage conferences, prioritized hearings and contested emergent motions and motions before the Master to compel a party to complete pre-requisites.
The amendments come into force on July 1, 2022 and applies to any step in a proceeding that takes place on or after July 1, 2022.
A minor change to Queen’s Bench Rule 4.10(1)(f) adds the lawyers and staff with the Manitoba Prosecution Service and the Public Guardian and Trustee to the list of parties that are entitled to access family proceeding files.
For more information see the full notice above. The full regulations are listed below.
A new notice from all court levels has been issued stating that “mask use will no longer be required in court facilities effective Monday, May 16, 2022. Masks may continue to be worn, unless requested otherwise by a presiding judge in the context of a hearing.
Unlimited access to the courts by members of the public will resume on Monday, June 27th, at which time there will no longer be any COVID-19 related restrictions in place.”
The Manitoba Law Library would like to acknowledge with gratitude that we are situated on Treaty One Territory, the traditional lands of the Anishinaabe, Cree and Dakota peoples, and the homeland of the Métis Nation.
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