Notice from the Provincial Court of Manitoba

There is a general presumption, based on principles of access to justice, matters will be heard in the community in which the incident is alleged to have occurred. It is in the public interest to have matters heard in the community or the closest judicial centre so that members of the affected community can participate fully in the proceedings and see that justice is done.

There may be extenuating circumstances where the above principles should not apply. If that is the case and counsel are seeking to have any matter heard in a judicial centre other than the judicial centre closest to where the incident is alleged to have occurred, counsel shall bring an application before the presiding judge, in the originating judicial centre in which the incident is alleged to have occurred, requesting the matter be transferred to another judicial court centre.

This protocol applies to all jurisdictions and all matters and is effective immediately.

The original signed by Chief Judge Margaret Wiebe on July 25, 2019.

New MLRC Report on Expropriation

The Commission has released its final report on The Expropriation Act of Manitoba. The Commission makes 10 recommendations to improve and clarify certain areas of The Expropriation Act. The report forms part of a series entitled Creating Efficiencies in the Law, which seeks to address discrete, straightforward issues that, in the Commission’s view, can be improved with relatively simple legislative amendments. To see the full report click here. (From website)

Legislative Updates: New Proclamations

The Government of Manitoba has proclaimed the following Acts:

  • The Mental Health Amendment Act (whole Act), SM 2016, c. 8 , effective June 1, 2019
  • The Courts Modernization Act (Various Acts Amended) (Part 1 and sections 6, 15, 19 and 26 to 29), SM 2019, c. 16 , effective July 1, 2019
  • The Family Law Modernization Act (Schedule C — The Arbitration Amendment Act (Family Law), whole Act except section 21; Schedule E — The Family Maintenance Amendment Act), SM 2019, c. 8, effective July 1, 2019
  • The Red Tape Reduction and Government Efficiency Act, 2018 (subsections 26(1) and (3) to (9) and section 37), SM 2018, c. 29, effective July 1, 2019
  • The Red Tape Reduction and Government Efficiency Act, 2018 (section 35), SM 2018, c. 29, effective September 1, 2019

The library will be closed on Monday, May 20th for Victoria Day