June 25, 2023 – Cases involving Statutory Interpretation– “In order to ensure that proper consideration is given to both the French and English versions of legislation where a case involves an issue of statutory interpretation, counsel or a self-represented litigant are to address in their related submissions whether there is discrepancy between the English and French versions. If there is discrepancy, this discrepancy is to be addressed in the submissions regarding the proper interpretation of the statutory provision(s) at issue in accordance with the approach outlined in 5185603 Manitoba Ltd et al v Government of Manitoba et al.”
June 25, 2023 – Tracking of Related Files – “In order to ensure that the judge hearing a matter is aware of related proceedings, counsel must provide information as to any related proceedings in their pre-trial, triage or case conference briefs. When filing a motion or application in a matter where there is a related proceeding, counsel must file a requisition asking that the related file be provided to the judge along with the file in which the motion or application is brought.”
June 25, 2023 – Use of Artificial Intelligence in Court Submissions– “…there are legitimate concerns about the reliability and accuracy of the information generated from the use of artificial intelligence. To address these concerns, when artificial intelligence has been used in the preparation of materials filed with the court, the materials must indicate how artificial intelligence was used.”
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.
May 17, 2023 – Notice – Amendments to Court of King`s Bench Rules (Family) – Amendments to Rule 70 Family Division Amendments, Family Division Forms, as well as Rule 4.10(1) have been approved and will come into force upon proclamation of The Family Law Act and The Family Support Enforcement Act. The amendment to Rule 4.10 comes into force immediately. The full list of changes are in Manitoba Regulation numbers 37/2023 and 39/2023
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.
All King’s Bench Notices and Practice Directions and available on the Manitoba Courts Website.
“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.
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.
Printing and Photocopying
If you need to use the library’s printing and photocopying services you will need to create an account. See us at the front desk for assistance.
Great LEXpectations RSS Feed