In addition to its current role of recalculating existing child support orders based on updated income information, the Service is given authority to make initial child support decisions in specified circumstances. This will enable many families to have child support determined without having to make a court application.
The Service may recalculate all Manitoba child support orders unless a court order prohibits recalculation. Current law permits recalculation only when a court order authorizes it.
The Service may determine when support for an adult child is no longer eligible for recalculation. This eliminates the need for many parties to make a court application.
Child support agreements become eligible for recalculation by the Service.
New procedures are established to make orders respecting persons who are vexatious litigants. The ability of the court to make rules regarding practice and procedure is clarified. The court must make an annual report respecting its activities.
The Provincial Court Act
Committees that were convened to provide a list of candidates when there was a need to appoint a judge or a judicial justice of the peace are made standing committees. Each committee will maintain an ongoing list of qualified candidates. When an appointment is required, the committee will prepare a list of candidates who are recommended for the appointment in question.
Provincial court judges must retire at age 75.
The Court of Queen’s Bench Act
New procedures are established to make orders respecting persons who are vexatious litigants.
A committee that was convened to provide a list of candidates when there was a need to appoint a master is made a standing committee. This committee will maintain an ongoing list of qualified candidates and will prepare a list of recommended candidates when a master is to be appointed.
Masters must retire at age 75. The court must make an annual report respecting its activities. The ability of all judges to deal with aspects of certain family proceedings is clarified.
The Court of Queen’s Bench Small Claims Practices Act
The monetary limit for a small claim action is raised from $10,000 to $15,000. That limit may be increased by regulation.
A defendant in a small claim action is required to file a defence. Default judgment may be obtained against a defendant who does not file a defence by the deadline set under the rules. A process is established to set aside default judgments.
The amount of costs that can be awarded against a party is increased from $100 to $500. Wrongful dismissal from employment claims cannot be brought in a small claim action.
Check here for the HeinOnline Blog for summaries of all these titles, as well as their tip of the month and a feature on their Law Journal Library LibGuide.
The government of Manitoba has announced that they will be launching the first phase of a family law service that will ensure services are more accessible and affordable to Manitobans.
early resolution support services delivered by family guides with expertise in domestic violence and safety planning, conflict resolution and mediation, family law and court processes.
navigation assistance to other culturally and linguistically appropriate specialized services, which could include a new Child Support Service, Legal Aid, expanded enforcement or other financial, legal or health and social services.
self-service tools and a resource inventory that is searchable by region and issue.
support to complete any prerequisites for court.
allows families to access support electronically.
The notice also mentions changes coming to the The Family Law Modernization Act, which will “expand the role of the Child Support Recalculation Service and give it the authority to make initial child support decisions in a broad range of cases, such as changes in employment, without going to court. “
This notice is in continuation of the notice of May 13, 2020 advising that child protection dockets will continue to sit in the court centres for the month of July, 2020, with the EXCEPTION of Steinbach, Beausejour, Pine Falls and Peguis First Nation. A list of child protection dockets sitting in court centres is included.
Further to the notice of May 15, 2020 additional court sittings will resume in Peguis First Nation, Pine Falls, Virden, Rossburn and Russell, only being open to those necessary to court proceedings. Those that do come to court are being asked to respect health protocols and refrain from coming if they are exhibiting any symptoms.
Other circuit courts which have not been re-opened as described in this notice will not sit during July. All matters on those dockets will be further suspended and administratively adjourned to the next court date set for that community.
Case management conferences will continue as scheduled and may be conducted by teleconference.
This Notice to Profession changes the Notice issued by this Court on April 28, 2020. This notice details protocols for videoconferencing. Motions will continue to be scheduled in a courtroom and will be heard via teleconference, with the judge’s assistant arranging the teleconference and notifying counsel. Effective immediately, counsel has the obligation to arrange a teleconference or a video conference for a case conference where both parties are represented by counsel. Protocols for motions and scheduling case conferences are provided.
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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