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.
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
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This Practice Direction comes into effect immediately.
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.
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.”
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: …
” 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.
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