December 14, 2022 – Re: Further Evidence Rule “As of January 1, 2023, amendments to Rule 21 of the Court of Appeal Rules, which governs motions to introduce further evidence on appeals, will be proclaimed into force.
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.
December 14, 2022 – Re: Allegation Of Ineffective Assistance Of Counsel ” This practice direction replaces the January 15, 2016 practice direction. It applies to any appeal where the appellant raises as a ground of appeal that their counsel was ineffective or otherwise contributed to a miscarriage of justice in first instance.
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.
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