“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.”
January 14, 2022 – Notice to the Profession – Manitoba Court of Queen’s Bench – Masters RE: COVID-19 Update
“The Notices issued by Manitoba Court of Queen’s Bench Masters on March 17, 2020, April 7, 2020, April 24, 2020, May 11, 2020, and September 1, 2020 are being updated with the changes noted below, which are to take effect immediately, and continue in place to at least March 4, 2022, or further notice of the court. These changes reflect the challenges related to the continuing and increasing threats associated with the COVID-19 virus and in particular, the alarming increase in the positivity rate within our communities. These changes will mirror those announced by the Chief Justice, Court of Queen’s Bench for the period of January 10 to March 4, 2022.
“Given the increasing rates of community transmission and potential impact on Manitoba’s healthcare system, we are cancelling all in-person hearings set to proceed during this period, or until further notice.”
The full text outlining the changes can be accessed here.
“On November 12, 2021, The Queen’s Bench Statutory Rules Committee met and passed Queen’s Bench Rule Amendments dealing with Rule 76 Small Claims. The Rule 76 Amendments are required to align with amendments to the Court of Queen’s Bench Small Claims Practices Act coming into force on January 1, 2022.
The Rule 76 amendments address appeals of a decision of a court officer, with a new requirement for an Application for Leave to Appeal and Notice of Appeal to be accompanied by a copy of the transcript of proceedings before the court officer or proof that a transcript of the proceedings has been ordered.
” Effective immediately in all centres, all adult and youth in custody bail and disposition courts will continue to sit and all bails and dispositions will presumptively be done virtually, either by video or telephone until further notice. Bail Triage will proceed virtually.”
“Effective January 4, 2022, in the major court centres of Winnipeg, Portage la Prairie, Brandon, Dauphin, The Pas and Thompson, the Provincial Court of Manitoba will hear all in custody and out of custody trials, continuations, special sittings and preliminary hearings in person.”
For more information including Gun Prohibition Court, Legal Aid Administrative Court, Private Prosecution Court, Circuit Locations, Child Protection and Family Matters, and others, see 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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