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.
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.
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:
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.
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.
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.
Further to the notice dated January 24, 2023, the technical issues related to electronic filing (e-filing) have been resolved. Effective March 4, 2024, e-filing specifically for Receiver/Manager applications, applications filed under the Companies’ Creditors Arrangement Act (CCAA) and plans of arrangement under The Corporations Act may resume.
“There have been Notices issued by the Manitoba Court of King’s Bench Masters (as they then were), lastly on June 9, 2022, that governed practice before the Masters. This Notice will replace those previous Notices, except as otherwise specified herein, and will be in place effective January 8, 2024. This Notice does not impact any matters that, as of today’s date, have already been set to proceed, whether proceeding via teleconference, in person or otherwise. Those previously scheduled appearances, even if set to proceed virtually after January 8, 2024, will continue as currently planned.
With the exception of the associate judges’ daily uncontested lists, which will continue to proceed remotely as set out below, these changes reflect a more fulsome move back to in person hearings for all other matters set to appear before the associate judges. The court will continue to implement flexibility in appropriate circumstances, on the request of parties, and where resources allow. This Notice will apply to practices in the associate judges’ courts in every jurisdiction, except as expressly addressed below: ” (see notice for full details on Child Protection Dockets, Maintenance Enforcement Dockets, Associate Judges’ Civil and Family Uncontested List, Bankruptcy Dockets, Contested Motions, Uncontested Passing of Accounts and Hearings for Directions and Matters involving the provision of viva voce evidence).
An Act Respecting the Title of “Associate Judge” received royal assent on May 30, 2023. The Bill comes into force on September 27, 2023. The Bill amends The Court of King’s Bench Act to change the designation of judicial officers appointed under Division 2 of Part IV of the Act from “master” to “associate judge”. In view of the amendments, necessary changes are being made to the Court of King’s Bench Rules, as well as to the website, court forms, and courthouse signage.
To accommodate the increased needs of disposition time and Mental Health Court courtroom 306 is now designated a DCD sitting on Tuesday and Thursday afternoons. Motions will now only be heard on Monday, Wednesday, and Friday at 2:00PM in courtroom 306. Matters from the Provincial Court counter(PCC) will continue to be heard on any 306 2:00PM docket Monday through Friday.
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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