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 from the Court of Appeal

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. 

Manitoba Regulation 141/2022


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.

New Practice Directions for Remote Hearings

November 3, 2022 – Remote Hearings – Changes to Court of Appeal Rules

“Amendments to Rule 37.2 of the Court of Appeal Rules came into force on October 31, 2022. The use of audio or videoconference technology will become a regular procedure for chambers hearings, while remaining an extraordinary procedure for appeals before a panel.

Requests to Appear Remotely: Parties will no longer be required to bring a motion to appear by audio or videoconference. In all instances, a party should make a written request to the registrar, who maintains discretion to waive or adjust the prescribed timelines. Parties must provide notice of a request to appear remotely to every other party directly affected by the appeal, motion or application.

For Chambers: A request is to be filed with the party’s initiating or responding materials and no later than two (2) business days prior to the hearing. Permission will be granted to the party to appear by their preferred mode, unless the registrar determines that remote participation is not appropriate in the circumstances.

For Appeals: A request is to be filed no later than ten (10) business days prior to the hearing of the appeal and should set out the circumstances giving rise to the request for a remote hearing. Parties may wish to address some or all instances stated in the practice direction. The court or a judge may then permit a party to participate by audioconference or videoconference if they determine there are special circumstances that make remote participation appropriate.

Videoconference Procedure: In preparation for their appearance, parties should refer to the Videoconference Hearing Procedure for Lawyers and Self-Represented Parties. It is recommended that parties conduct a videoconference test call to ensure a stable connection and functioning microphone and video.”

The full notice regarding this update can be found here.


All Court of Appeal notices and practices are available on the Manitoba Courts website.

New Manitoba Court Notices and News

All Courts Notices

September 19

“The Prime Minister of Canada has announced that September 19, 2022 will be a federal holiday and a day of mourning for Her Majesty Queen Elizabeth II.  The Province of Manitoba is recognizing September 19, 2022 as a day of mourning and has announced that all non-essential government services and offices will be closed for the day.

Mindful that the Courts provide an essential service, given access to justice challenges due to COVID-19, and in fairness to Court participants, the Courts have determined they cannot adjourn cases already booked and so will proceed as scheduled on September 19, 2022.  

However, in order to recognize the day of mourning, all trials and appeals will commence one hour later than scheduled.”

September 14, 2022 – References to the Crown in Court Documents

“Effective immediately, in new proceedings where the Crown is a party, the Crown should be described as “His Majesty the King” and not “Her Majesty the Queen”.” See the notice more more details.


For more information and notices see the Manitoba Courts webpage.

Mask Use and Court Reopening in Manitoba Courts

A new notice from all court levels has been issued stating that “mask use will no longer be required in court facilities effective Monday, May 16, 2022. Masks may continue to be worn, unless requested otherwise by a presiding judge in the context of a hearing.

Unlimited access to the courts by members of the public will resume on Monday, June
27th, at which time there will no longer be any COVID-19 related restrictions in place.”

See the full notice here and previous COVID-19 related notices on the courts website.

Courthouse Closures – April 13 & 14

Due to the forecasted blizzard conditions, preparations are being made for potential court closures throughout Manitoba for all three levels of court on April 13 and 14.

Updates will be posted here.

Should the Courts be closed on these dates, the Great Library will also be closed. We will be working remotely and can still be reached at library@lawsociety.mb.ca.

Please note: The library will be closing early on Friday, December 13th at 11:00AM for a special event.  Regular library service will resume Monday, December 16th at 8:30AM.

Scheduled Maintenance Notice: Please note there will be a brief disruption in accessing the Library website, including catalog and online resources, on the morning of Friday, December 13, 2024.