New Court Notices

August 19, 2021 – Noting of Default where service is by registered or certified mail under Queen’s Bench Rule 16.03(4)(A)

Due to changes with Canada Post no longer obtaining signatures on registered mail “the Registrar will accept requisitions to note default on a statement of claim where the other requirements to note default are met but the statement of claim was served outside of six months after it was issued and the plaintiff files satisfactory affidavit evidence.”

Notice – Adjustment to Current Scheduling Protocols September 7, 2021 until further notice (August 20, 2021)

In an effort to further the “cautious approach in the transition to further normalization of Court of Queen’s Bench hearings … the court will be further enhancing its in-person judicial service commencing with the fall term on Tuesday, September 7, 2021, until further notice.”

A list of full protocols is provided in the notice.

See here for previous Notices and Practice Directions.

Notice – Family Division Scheduling Protocol

Notice – (Family Division) Adjustment to Current Scheduling Protocols March 1 to 31, 2021)
“[T]he adjustments to the Court’s scheduling practices for Family Division Proceedings as announced in the December 3, 2020 Practice Direction will now also extend and apply to the period of March 1 to 31, 2021.”

Family and Child protection trials scheduled in March will continue to be heard by video conference.

Practice Directions – Changes for the Family Bar

These changes have come about as a result of the Divorce Act amendments.

On January 29, 2021, The Queen’s Bench Statutory Rules Committee met and passed Queen’s Bench Rule Amendments dealing with Rule 70 amendments, required by the Divorce Act amendments which come into effect on March 1, 2021. It includes an overview of the changes to Rule 70.

The full text of the amendments along with the forms, Man. Reg. 7/2021, are posted on the Manitoba Laws website.

The use of Standard Clauses in Family Division orders has been mandatory since 1998 [see Court of Queen’s Bench Rules 70.31(11), (12) and (13). Standard Clauses reflect the intent of a judge’s decision in a consistent way and make the terms of orders more readily understood by parties and agencies dealing with the order.

This version of the mandatory standard clauses can be found on the Manitoba Courts website.