May 9, 2023 – Notice – Hearing of Civil Motions During Summer Court Session – During the summer court session from June 26 to September 1, 2023, the uncontested civil motions list will sit on Wednesdays and Fridays each week. Emergency matters during these days will first need to be placed on an uncontested list. Emergency matters outside those days can be arranged by contacting the Civil Motion Coordinator or, if unavailable, calling the court’s off-hours emergency number.
The Court’s Practice Direction of March 5, 2020, regarding detention review hearings under sections 520 and 525 of the Criminal Code in Thompson and The Pas Judicial Centres will apply with necessary changes to estreatals in these Judicial Centres when an accused who is in-custody is required to attend.
The following protocol applies as to when a law student or articling student will be permitted to appear and handle cases in the Court of King’s Bench: In any case when a law student or articling student is appearing, they must clearly identify themselves to the presiding judge as a law student or articling student …
During the pandemic, virtual hearing options were introduced for Small Claims matters heard by Court Officers. The use of these virtual hearing options has improved access to justice by reducing costs, complexity and time to disposition. Given this favourable experience and in light of the summary nature of small claims, virtual hearings will continue as follows: …
Effective immediately and until further notice, electronic filing (e-filing) for Receiver/Manager applications, applications filed under the Companies’ Creditors Arrangement Act (CCAA), and plans of arrangement under The Corporations Act is not available due to technical difficulties. Documents must be submitted in hard copy format with the Court of King’s Bench Registry.
A subsequent notice will be issued advising when e-filing may resume.
“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.
” As part of the Court of King’s Bench of Manitoba’s continuing commitment to principles of access to justice, which include reducing regional barriers to accessing the courts, the Court will now offer to Manitoba counsel practicing outside the City of Winnipeg, the option of appearing by telephone on the Civil Uncontested List in the Winnipeg Judicial Centre.”
Conditions and more information are available in the full notice.
On October 1, 2022, amendments to King’s Bench Rules 74 and 75, regarding Probate, come into effect. The primary objective of the new rules is to eliminate jargon and use plain language to make the rules easier to understand.
Along with new rules, come new forms. There will be a little leeway to allow the profession to get used to the new forms, but members could face the risk of having their documents rejected for lack of compliance.
Make sure you and your team are using the correct forms.
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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