New from the Court of Appeal

December 14, 2022 – Re:  Further Evidence Rule “As of January 1, 2023, amendments to Rule 21 of the Court of Appeal Rules, which governs motions to introduce further evidence on appeals, will be proclaimed into force.  

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. 

Manitoba Regulation 141/2022


December 14, 2022 – Re:  Allegation Of Ineffective Assistance Of Counsel ” This practice direction replaces the January 15, 2016 practice direction.  It applies to any appeal where the appellant raises as a ground of appeal that their counsel was ineffective or otherwise contributed to a miscarriage of justice in first instance.

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.

New King’s Bench Notice and Practice Direction

September 23, 2022 – Motion to Withdraw As Counsel To An Accused In A Criminal Case – effective immediately.

“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.”


September 27, 2022 – Manitoba Court of King’s Bench – Masters – Re: Update To Child Protection Docket Practice Before The Masters Commencing Immediately.

“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.

Click here to see all King’s Bench Notices and Practice Directions.

Divorce Act Amendments – New QB Practice Directive

June 15, 2021 – Divorce Act Amendments – Pleadings

“A party is not required to amend a pleading filed prior to the amendments coming into
force on March 1, 2021, to obtain an order pursuant to the amended Divorce Act.”

See the full notice for clarification on the transitional provisions.

All Queen’s Bench Notices and Practice Directives can be found here.

Practice Directions – Changes for the Family Bar

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

DIVORCE ACT AMENDMENTS RULES
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.

VERSION 6 OF THE MANDATORY STANDARD CLAUSES FOR FAMILY DIVISION ORDERS
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.

Queen’s Bench Practice Direction: Resumption of Criminal Trials

Practice Direction – Resumption of Judge-Alone Out-of-custody Criminal Trials (January 14, 2021)

“Commencing Monday, February 1, 2021, all judge-alone out-of-custody criminal trials will also resume in person.”

Health and safety protocols of the March 13, 2020 notice are still in effect. Portions of the trial may proceed by video conference. To further reduce in-person contact, an upcoming notice will detail email filing requirements and procedures.

For all COVID-19 notices and directives see here.

The library will be closed on Monday, May 20th for Victoria Day