The amendments to the Rules will provide a more structured procedure for bringing new evidence motions. They will also address challenges parties face when the entirety of an appeal relies on the introduction of further evidence or when allegations of ineffective assistance of counsel are raised as a ground of appeal, which frequently involve motions to introduce further evidence.
In such cases, the appellant will often want to provide the Court with information concerning instructions to and conduct of counsel. This information will typically come before the Court by way of a motion for leave to file fresh evidence. Any response to such evidence will usually come from counsel in first instance or cross-examination of affidavit evidence by the responding party. The Court may also need to consider opposing affidavits from the respondent which the appellant may wish to cross-examine on. “
All Court of Appeal Notices and Practice Directions can be found on the Manitoba Courts website.
“Where counsel to an accused in a criminal case is moving to withdraw as counsel, the motion to withdraw is returnable before the pre-trial conference judge (and is not returnable on the Criminal Motions and Bails List).
To obtain a date before the pre-trial conference judge, counsel may contact the trial coordinator by email. This approach permits the pre-trial conference judge (who has background regarding the case) to canvass with counsel and the accused how to mitigate the effect a potential withdrawal by counsel may have on the previously scheduled trial which is otherwise required to promptly proceed forward absent exceptional circumstances. To similarly minimize the impact of a withdrawal by counsel (either on the trial or the accused’s desire to be represented by available counsel at trial), a motion to withdraw as counsel should be brought as soon as possible. In those situations where a motion to withdraw is filed within days of the scheduled trial date, it may be that the motion is heard by the trial judge.”
“Further to the Notice issued on June 9, 2022 concerning the return to in-person proceedings effective September 6, 2022, the Masters have had some time to consider the issue of attendance of children aged 12 and over at the Masters’ Child Protection Dockets.”
“… [G]iven the very specific legislative requirement pursuant to section 33(2) of The Child and Family Services Act, C.C.S.M. c. C80, impacted children aged 12 and over need to be served, and brought to court to address their rights. This return to pre-pandemic practice will be effective immediately.”
The full notice regarding this update can be found here.
“On June 1, 2022, the Statutory Rules Committee of the Court of Queen’s Bench approved changes to:
Queen’s Bench Rules 74 and 75 (along with new forms) that deal with probate practice and contested estates;
The Court of Queen’s Bench Tariff;
Queen’s Bench Rule 4.10(1) dealing with access to family proceeding files”
Probate Rules 74 and 75 will have modernized language and terminology. The new rules and forms are gender neutral and were drafted with a view to making them understandable to self-represented parties who are increasingly filing probate and administration applications. The new probate rules and forms come into force on October 1, 2022
The amendments to the Court of Queen’s Bench Tariff include:
An across the board tariff increase of approximately 25%;
The amount for preparation for trial is increased to the same amount as the lawyer’s fee at the trial of an action (item (r));
A compensable tariff item is added for written argument following trial when such written argument is directed by the judge, in an amount equal to 33% of the amount allowed per half day of trial;
The addition of new tariff items for triage conferences, prioritized hearings and contested emergent motions and motions before the Master to compel a party to complete pre-requisites.
The amendments come into force on July 1, 2022 and applies to any step in a proceeding that takes place on or after July 1, 2022.
A minor change to Queen’s Bench Rule 4.10(1)(f) adds the lawyers and staff with the Manitoba Prosecution Service and the Public Guardian and Trustee to the list of parties that are entitled to access family proceeding files.
For more information see the full notice above. The full regulations are listed below.
A new notice from all court levels has been issued stating that “mask use will no longer be required in court facilities effective Monday, May 16, 2022. Masks may continue to be worn, unless requested otherwise by a presiding judge in the context of a hearing.
Unlimited access to the courts by members of the public will resume on Monday, June 27th, at which time there will no longer be any COVID-19 related restrictions in place.”
“Commencing on Monday, March 7, 2022, the following protocols will be in effect: All judge-alone and jury criminal trials for both in-custody and out-of-custody accused will proceed as scheduled and in person, including where an accused is self-represented.”
This change includes civil trials, civil hearings where there is to be oral evidence, the Protection Order Hearing List, and JADR’s. All contested applications, motions, summary conviction appeals, and special hearing bails and bail reviews will proceed by video conference. Video conference hearing protocols can be found here.
The new scheduling protocols will be modified on April 4, 2022, and then again on September 6, 2022.
The full notice with further details about scheduling protocol modifications can be found here.
“The Notices issued by the Manitoba Court of Queen’s Bench Masters on March 17, 2020, April 7, 2020, April 24, 2020 and May 11, 2020, September 1, 2021 and January 14, 2022, are being updated with the changes noted below, which are to take effect March 14, 2022, and continue in place until further notice.”
Maintenance Enforcement Dockets and matters involving the provision of viva voce evidence will return to in-person. Child Protection Dockets, Master’s Civil and Family Uncontested List, Bankruptcy Dockets, Contested Motions, and Uncontested Passing of Accounts and Hearings for Directions will continue via teleconference for the time being.
The full notice regarding these changes can be found here.
For all Court of Queen’s Bench COVID-19 notices, click here.
“Given the recently announced easing of Public Health Order restrictions that began on February 15, 2022, and, assuming the public health situation remains stable, the Manitoba Court of Appeal will resume its in-person appeal hearings in Courtroom 330 and in-person chambers motions in Courtroom 130 starting on Monday, March 14, 2022.”
“The Court will resume all regularly scheduled sittings and all previously scheduled special sittings in all locations and will resume hearing all matters including trials, preliminary inquiries, dispositions and bail applications in all court centres and circuit locations, subject to specific localized closures. Judicial Justice of the Peace dockets in Thompson circuit locations will continue to be held remotely until further notice.”
“Unless counsel is already appearing on a matter requiring a personal appearance, the presumption that counsel and accused persons will appear remotely continues to apply to all other matters where nothing substantive is expected to take place.”
“The Provincial Court of Manitoba remains closed to members of the general public.”
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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