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.
Notice – All Hearings of the Court of Appeal will be conducted remotely starting January 4, 2022 until further notice (December 20, 2021). This notice replaces the previously issued notice dated August 10, 2021.
As a result of the modelling for the COVID-19 Omicron variant, starting on Tuesday, January 4, 2022:
All appeals will be heard remotely by videoconference; and
All motions or applications will be heard remotely by teleconference.”
For in-custody criminal appeal, motion or application hearings, special procedures are required in order to ensure that the accused can participate in the hearing.
See the full notice for information on how to access a videoconference appeal hearing, and how to access a teleconference motion or application hearing.
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.”
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.
This notice is the latest revision to the Model for Scheduling and Case Flow Management in respect of family proceedings. It addresses the specific matters to be heard by Masters and the process involved.
Previous notices and practice directives can be found on the Courts website.
“Effective immediately, Sean Checkowski, Queen’s Bench Trial and Motion Coordinator, will be scheduling all Family Division Notices of Application returnable before the Master.”
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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