Manitoba Court of Queen’s Bench Notices

The Court has recently issued the following Practice Direction and Notice:

Practice Direction

Comprehensive Amendments to Court of Queen’s Bench Rules (Family) Effective February 1, 2019

The Court of Queen’s Bench will be introducing a new model for scheduling and case  flow management in respect of non-child protection family proceedings. The implementation date is February 1, 2019. The model is designed to enhance the capacity of all Manitobans to better access justice in the area of family law within a system that will be significantly less complex, less slow and less expensive. The New Model for Scheduling and Case Flow (New FD Model) is expected to achieve that goal by ensuring that those cases that can be resolved will be resolved at the earliest point possible. Where otherwise contested matters cannot be resolved, the New FD Model will ensure that those matters are adjudicated within a predictable and finite period of time, mindful of what will be stable and consistent reference points or “meaningful events”, which events will themselves be governed by clear, identifiable and predictable timelines. (Download full Practice Direction here.) 

Notice

Practice Direction: New Model for Scheduling and Case Flow Management of Non-Child Protection Family Division Matters

The Practice Direction regarding the New Model for Scheduling and Case Flow Management of Non-Child Protection Family Division Matters will come into force effective immediately.

Both  notices are dated December 17, 2018. 

Manitoba Court of Queen’s Bench – Holiday Hours

Provincial government offices will be closed for the full day on Monday, December 24, 2018. In light of this closure, all Court of Queen’s Bench Registry offices in Manitoba will be closed on December 24, 2018 and reopen on Thursday December 27, 2018.

Documents subject to a filing deadline of December 24, 2018 will now be calculated to have a filing deadline of December 27, 2018.

Please note that parties must commence legal proceedings within specified limitation periods and that this notice does not change limitation deadlines.

Original notice available here

Notice from the Manitoba Court of Queen’s Bench

The Court recently published Version 5 of the  Mandatory Standard Clauses for Family Division Orders. The use of standard clauses has been mandatory since 1998.

Version 5 of the Standard Clauses reflects legislative changes that have come into force since the release of Version 4 of the Standard Clauses and contains many other changes to clause wording and footnotes. The terms used in the applicable legislative and regulatory provisions and Rules were taken into account as clauses were drafted.

Be sure to read the entire notice for full instructions.

Notice to the Profession

The Manitoba Court of Queen’s Bench has issued a notice of amendments to the QB Rules which will come into force on April 1,  2018:

RE: AMENDMENTS TO COURT OF QUEEN’S BENCH RULES

The following amendments regarding service, proof of service and default in cases involving the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (the Hague Service Convention) will come into force on April 1, 2018.

The objectives of the amendments are to clarify the Rules respecting service (including substituted service, dispensation with service and validation and proof of service) and noting default, and granting and setting aside of default judgment, in cases where service is required under the Hague Service Convention.

The full text of these Rule amendments (M.R. No. 11/2018) can be viewed here.