New KB Practice Direction – “Length and Formatting of Application and Motion Briefs”

October 2, 2025 – RE: LENGTH AND FORMATTING OF APPLICATION AND MOTION BRIEFS

A cornerstone of the Court of King’s Bench Rules is proportionality. This foundational principle extends to written materials that are filed in civil and family proceedings. Increasingly, there is a trend towards longer application and motion briefs, which gives rise to concerns about proportionality and even effective advocacy

To address these concerns, the Court considered imposing limits on the length of briefs. However, recognizing the wide range and varying degrees of complexity of applications and motions, for now, the court has instead opted to simply remind counsel that the most effective briefs are concise and focused. In any given case, should a judge determine that a brief is disproportionate to the nature and complexity of the issue at hand, they may request a more succinct version.

To assist in reducing the volume of material filed as written argument on applications and motions, the following cases, establishing well-known legal principles, need not be included in briefs:
Dakota Ojibway Child and Family Services v. M.B.H., 2019 MBCA 91;
White Burgess Langille Inman v. Abbott and Haliburton Co., 2015 SCC 23;
Hryniak v. Mauldin, [2014] 1 S.C.R. 87; and
RJR McDonald Inc. v. Canada (Attorney General), [1994] 1 S.C.R. 311.

Finally, it is increasingly common that a file contains affidavits, cross-examination transcripts, and written submissions that are relevant to different scheduled hearings with a lack of information as to which party has filed which documents and for which scheduled hearing. To assist in addressing this concern, the following will now apply to these materials:
• A moving party’s brief shall include a blue cover page;
• A responding party’s brief shall include a beige cover page;
• The cover pages of all affidavits, transcripts, and motions and applications briefs must identify the nature of the motion or application in parentheses immediately below the document title.

For the purpose of transition, the foregoing only applies to documents filed after the date this practice direction comes into effect.

See here for all King’s Bench Notices and Practice Directions

Blog Round-up – September 2025

A round-up of blog posts from the Manitoba legal community for the month of September 2025

Fillmore Riley

MLT Aikins

Pitblado Law Blog

Robson Crim Legal Blog

Taylor McCaffrey

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New Practice Direction – Court of King’s Bench September 24, 2025

New Practice Direction Issued : Pre- Triage Emergent Motions for Extreme Financial Hardship of a Party or a Child of a Party

A Pilot Project is being undertaken as part of this Court’s ongoing commitment to enhance access to justice in the area of family law.
King’s Bench Rule 70.24(12) currently permits a judge to hear a motion or application prior to a triage conference in three emergent situations.

Following consultation with the Triage Implementation Committee and the Family Law Bar, it has been concluded that there shall be a fourth emergent situation where a judge may hear a pre-triage conference motion or application. This emergent situation is:

(d) extreme financial hardship of a party or a child of a party

This Practice Direction comes into effect immediately.

See link above for full text

Read all King’s Bench practice directions here

Blog Round-up – July and August 2025

A bi-monthly round-up of blog posts from the Manitoba legal community for the months of July and August 2025

Fillmore Riley

MLT Aikins

Robson Crim Legal Blog

Taylor McCaffrey

TDS law

Blog Round-up – May and June 2025

A bi-monthly round-up of blog posts from the Manitoba legal community for the months of May and June 2025

Fillmore Riley

    MLT Aikins

    click to see more

    Pitblado Law Blog

    Robson Crim Legal Blog

    Taylor McCaffrey

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    Please note: The library will be closing early on Friday, October 3rd at 11:00AM for a special event.  Regular library service will resume Monday, October 6th at 8:30AM.