New King’s Bench Notices

June 21, 2024 – Service of Motion for Default Judgement

King’s Bench Rule 19.02(4) (as modified by Rule 19.09) provides that a party who has been noted in default need not be served with any document in the action, except where the court orders otherwise. Where a party has been noted in default and another party moves before a judge for judgment against the party in default, it should be anticipated that service of the motion for default judgment will be
required in most circumstances where the claim is not for a liquidated amount. Where a liquidated amount is claimed, the presiding judge may still exercise their discretion to require service depending on the nature of the claim and evidence in support of damages. It is anticipated that related rule changes may result.

June 21, 2024 – Counsel’s Approval of Form of Order

King’s Bench Rule 59.03(1) provides that any party affected by an order may prepare a draft of the formal order and shall, unless otherwise ordered by the court, send it to all other parties represented at the hearing for approval of its form.

Effective immediately, where a party is represented by counsel, unless directed otherwise by the court, counsel’s approval of the form of the draft formal order may be indicated by any of the following:

  • Original, copy, or digital signature of counsel indicating their consent to the form of order; or
  • A written representation by counsel who prepared the draft of the formal order certifying that all counsel consent to the form of order.

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

Ending soon: Manitoba Articling Program Review

The Law Society of Manitoba (in conjunction with the law societies of Alberta, British Columbia, and Saskatchewan and the Nova Scotia Barristers’ Society) is seeking feedback on the types of training and mentoring articling students are receiving, issues related to discrimination or harassment and how prepared articling students feel to practice law in the 21st century.

Articling Students and New Lawyers

Principals, Recruiters and Mentors

The surveys take approximately 15 minutes to complete and your survey responses are anonymous and confidential.

The surveys will remain open until Thursday, June 20, 2024.

2019 Survey Results

In Manitoba, the survey was completed by 83 articling students and 48 principals, recruiters and mentors. The survey revealed several key findings regarding the articling experiences. To learn more download the final report by clicking the link below.

Articling Program Assessment Research Report

New Court of Appeal and King’s Bench Notices

June 4, 2024 – Consolidated Practice Direction

This Consolidated Practice Direction combines and replaces all previously issued practice-related directions, notices and other documents, with the exception of the documents listed below which remain in force and continue to be posted on the Manitoba Courts’ website:

  1. December 14, 2022 – Notice – Further Evidence Rule
  2. December 14, 2022 – Practice Direction – Allegation of Ineffective Assistance of Counsel
  3. November 3, 2022 – Practice Direction – Remote Hearings – Changes to Court of Appeal Rules

Amended June 4th – Ordering Transcripts for matters to be heard in the Court of Appeal

This notice is intended to streamline the process for ordering transcripts when appealing from a lower court to the Court of
Appeal.

The Court of Appeal requires one paper copy and one electronic copy of any transcript it is to consider on hearing an appeal, unless a judge orders otherwise. Pursuant to both rule 16(1) of the Court of Appeal Rules (Civil) and rule 11(1)(a) of the Manitoba Criminal Appeal Rules, an appellant is required to provide confirmation that the necessary transcripts have been ordered at the time the initiating document is filed.

Effective immediately, this confirmation shall be in the form of a completed court transcript order request, which is to accompany
the notice of appeal or initiating notice of motion at the time of filing.

See full notice for more information

Click here for all Court of Appeal notices and practice directions

June 3, 2024 – Closure of the Child Protection Docket Friday, June 21, 2024

In order to accommodate members of the Bar who wish to attend the 40th anniversary celebration of the Family Division, the Child Protection Docket will be closed on Friday, June 21, 2024.

Click here for all Court of Appeal notices and practice directions

New King’s Bench Notice

May 23, 2024 – Associate Judge’s Child Protection, Family and Civil Lists (Dauphin Centre)

As a result of ongoing construction and renovations at the Dauphin Courthouse, effective Thursday, June 13, 2024 and for all
subsequent dockets until further notice, the Associate Judge’s monthly dockets will now be held at the Provincial Building, in
Room 223 on the 2nd Floor, at 27-2nd Avenue SW in Dauphin.

The Child Protection List will continue to commence at 9:30 am (in-person), with the Family and Civil Lists to continue to commence at 11:30 am (via teleconference). Service of pleadings and any other documentation should refer to the Provincial Building address, not the address for the Dauphin Courthouse.

In the interim, the new address for the Court of King’s Bench Registry in Dauphin is Room 111, 27-2nd Avenue SW Dauphin, MB R7N 3E5. The telephone number is 1-204-622-2192.

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

Legislative Update – May 14, 2024

News

The Legislative Assembly of Manitoba

First Session, Forty-Third Legislature

Government Bills

Introduced

  • Bill 37 The Budget Implementation and Tax Statutes Amendment Act, 2024This Bill implements measures announced in the 2024 Manitoba Budget and makes various other amendments to tax and financial legislation.
    • Part 1: Fuel Tax
    • Part 2: Income Tax
    • Part 3: Oil and Gas Production Tax
    • Part 4: Property Tax and Insulation Assistance
    • Part 5: Retail Sales Tax
    • Part 6: Succession Duty
    • Part 7: Tax Administration and Miscellaneous Taxes
    • Other Amendments:
      • Civil Service Superannuation Act and Elections Act
      • Financial Administration Act
      • Manitoba Public Insurance Corporation Act
    • Schedules:
      • Election Financing Amendment Act
      • Environment Amendment Act
      • Manitoba Hydro Amendment Act
      • Labour Relations Amendment Act
      • Seniors’ Advocate Act

2nd Reading

Private Members’ – Public Bills

Introduced

2nd Reading

In Committee/Reported

Passed

For the status of all current bills click here.


Regulations

NumberTitleRegisteredPublished
30/2024Diseases of Bees Designation Regulation (2024)26 Apr. 202426 Apr. 2024
31/2024Assistance Regulation, amendment26 Apr. 202426 Apr. 2024
32/2024Domestic Labour Mobility Applicants Regulation26 Apr. 202426 Apr. 2024
33/2024Retail Sales Tax Regulation, amendment26 Apr. 202426 Apr. 2024
34/2024Reliability Standards Regulation, amendment3 May 20243 May 2024

Please note: The library will be closing early on Thursday, April 17th at 11:00AM for a special event.  Regular library service will resume Tuesday, April 22nd at 8:30AM.

Please note: The library will be closed Good Friday and Easter Monday.  Regular library service will resume Tuesday, April 22nd at 8:30AM.