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

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

Notice – Court of King’s Bench April 29, 2025

RE: BAIL REVIEWS IN THE COURT OF KING’S BENCH

“This is a reminder that the Notice of November 14, 2014 (as attached) regarding the need to e-mail the Criminal Motion Coordinator that a contested bail review will be proceeding in the Court of King’s Bench remains in effect. As such, where counsel do not confirm by e-mail to the Criminal Motion Coordinator that a matter will be proceeding in accordance with the guidelines provided in this Notice, the application will not be heard on a contested basis.”

Read all King’s Bench notices here

New Court of King’s Bench Practice Directive – February 10, 2025

Immediately Advise the Trial Coordinator when Actions Resolve

In order to maximize the court’s ability to offer timely trial dates, it is important that the trial coordinator be advised as soon as possible that an action scheduled for trial is resolved. As such, when an action set for trial resolves, in addition to filing a notice of discontinuance or judgment dismissing, please immediately advise the trial coordinator that the related trial dates may be released.

All King’s Bench notices and practice directives can be found here.

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

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.

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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.