Practice Direction re New Family Division Case Flow Model

On June 28, 2019, the Court of Queen’s Bench issued a practice direction to assist lawyers in transitioning to the Family Division Case Flow Model.

The New Family Division Case Flow Model (New FD Model) was designed so that pre-February 1, 2019 cases were transitioned into the new case flow with ease. The transition of these existing “old system” cases has, for the most part, gone relatively smoothly. However, there has been some confusion among judges, court staff, the Family Bar and the public on transitional issues. This memorandum has been prepared to offer some further guidance on best practices in transitional cases.

The full memorandum is available here.

Free e-Course

New Rights, New Obligations: An Introduction to The Family Homes on Reserves and Matrimonial Interests or Rights Act

This self-paced e-Course is available on demand and is designed to provide you with substantive information about the Family Homes on Reserves and Matrimonial Interests or Rights Act (FHRMIRA), as well as practical information you will need to know when making applications under FHMRIRA.

Did you know that under FHRMIRA each First Nation (other than those excluded) may be able to enact its own laws to address matrimonial property interests or rights on reserve land, but that unless and until they do so, provisional rules under FHRMIRA apply?

Under the provisional rules spouses and common law partners may have rights to property on reserves in cases of relationship breakdown or death.

Topics covered include:

  • Understanding the Background
  • Understanding the Foundation of FHRMIRA
  • Manitoba’s Approach to the Protection Order and Exclusive Occupation Order Provisions
  • Matrimonial Property Interests or Rights
  • Estates
  • Penalties and Enforcement

This program may be reported for a maximum of 1.5 hours of CPD activity for Manitoba Members.

Login to the Member’s Portal to start your course.

Visit the Law Society of Manitoba for more information.

Upcoming CPD – Get Your EPPM Now!

The Law Society of Manitoba
Professional Education and Competence

Looking to get your EPPM hours?
Two February Programs – eligible for up to 5 Hours

Cultural Diversity & Practising Law 
February 12, 2019     |     12:00 pm to 4:00 pm

Available in-person only

Following rave reviews from the Western Bar and the Law Society’s own volunteer training sessions, we are delighted to extend this unique learning opportunity to you.

Dr. Rehman Abdulrehman’s expertise, life experience, and practical engaging style provides a powerful exercise in self-analysis and thought providing discussion.

Includes 4 hours of CPD activity, of which 4 hours are EPPM 

Register Now 


Procrastination and Professional Liability Insurance Claims:
Causes and Consequences of Procrastination in Legal Practice
February 13, 2019     |     12:00 pm to 1:00 pm

Webinar Only

Procrastination. While we often think of it in relation to our personal goals (remember that shelving project in the garage that keeps getting put off?), the pitfalls of procrastination have an impact in our professional lives as well.

In this one-hour webinar, the Law Society of Manitoba’s Director of Insurance, Tana Christianson, and Professional Liability Insurance Fund Counsel, James Cox, will review why lawyers procrastinate, real life claims caused by procrastination, and the ethical and practical reasons lawyers should not procrastinate when they become aware of circumstances that may give rise to a claim.

Includes 1 hour of CPD activity, including 1 hour of EPPM.

Register Now

Early Bird Deadline Approaching

2019 Annual Joint Family Law Program – The Times They are a Changin’ 

March 15, 2019     |     9:00 pm to 4:30 pm

Early Bird Deadline – February 15, 2019

The landscape of Family Law Practice is quickly shifting and yet the old challenges faced by Family Law Lawyers haven’t gone away. 

The Times They Are a Changin’, is designed to give you practical answers to common challenges including issues related to client and  practice management, updates on new screening tools for domestic violence, changes in the legislation and the new administrative model of family law promised by the Manitoba government in the Throne Speech. 
 
Take away some practical tips, new knowledge about the law and confidence about decisions to be made when dealing with all the change around you.  Join us in the eye of the storm – where you will find a place to think, learn, ask questions and get answers.

Register

Includes 6.5 hours of eligible CPD activity, including 2 hours of EPPM.

Manitoba eLaw – New Edition – Family Law Update

January 2019, Issue No. 91 highlights:

  • Cultural Heritage of Children Not Underemphasized: MBCA (Dakota Ojibway Child and Family Services v KRF et al, 2018 MBCA 104)
  • Proportionality Concerns Underlie Decision to Proceed: MBCA (Sawatzky v Sawatzky, 2018 MBCA 102)
  • No Entitlement to Accounting by a Master: MBCA (Ball v Sizeland et al, 2018 MBCA 85)
  • Legislative Update
  • Proposed Regulatory Amendments
  • Amendments to the Court of Queen’s Bench Rules
  • Notices and Practice Directions 
  • Recommended Reading
  • Winter CPD: LSM
  • Annual Joint Family Law Program: The Times They are a Changin’

The full edition of this issue is available here.

Manitoba Court of Queen’s Bench Notices

The Court has recently issued the following Practice Direction and Notice:

Practice Direction

Comprehensive Amendments to Court of Queen’s Bench Rules (Family) Effective February 1, 2019

The Court of Queen’s Bench will be introducing a new model for scheduling and case  flow management in respect of non-child protection family proceedings. The implementation date is February 1, 2019. The model is designed to enhance the capacity of all Manitobans to better access justice in the area of family law within a system that will be significantly less complex, less slow and less expensive. The New Model for Scheduling and Case Flow (New FD Model) is expected to achieve that goal by ensuring that those cases that can be resolved will be resolved at the earliest point possible. Where otherwise contested matters cannot be resolved, the New FD Model will ensure that those matters are adjudicated within a predictable and finite period of time, mindful of what will be stable and consistent reference points or “meaningful events”, which events will themselves be governed by clear, identifiable and predictable timelines. (Download full Practice Direction here.) 

Notice

Practice Direction: New Model for Scheduling and Case Flow Management of Non-Child Protection Family Division Matters

The Practice Direction regarding the New Model for Scheduling and Case Flow Management of Non-Child Protection Family Division Matters will come into force effective immediately.

Both  notices are dated December 17, 2018.