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5th Session, 40th Legislature

This HTML version is provided for ease of use and is based on the bilingual version that was distributed in the Legislature after First Reading.

Bill 9

THE COURT OF QUEEN'S BENCH SMALL CLAIMS PRACTICES AMENDMENT ACT


  Bilingual version (PDF) Explanatory Note

(Assented to                                         )

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

C.C.S.M. c. C285 amended

1           The Court of Queen's Bench Small Claims Practices Act is amended by this Act.

2           Subsection 1(1) is amended by adding the following definition:

"claim limit" means $10,000 or any greater amount prescribed by regulation; (« plafond »)

3(1)        Clause 3(1)(a) is replaced with the following:

(a) for an amount of money not exceeding the claim limit;

3(2)        The following is added after subsection 3(1):

Monetary claim may include general damages

3(1.1)      A claim under clause (1)(a) may include, within the claim limit, an amount for general damages not exceeding $2,000 or any greater amount prescribed by regulation.

4           Section 4 is amended

(a) in the section heading, by striking out "$10,000" and substituting "claim limit"; and

(b) by striking out "not exceeding $10,000." and substituting "not exceeding the claim limit".

5           Subsection 5(1) is amended

(a) in the section heading, by striking out "$10,000" and substituting "claim limit"; and

(b) by striking out "exceeding $10,000." and substituting "exceeding the claim limit".

6           Subsection 12(10) is amended by striking out everything after clause (b).

7           Section 24 is amended

(a) by renumbering clause (a) as clause (a.1) and adding the following before clause (a.1):

(a) prescribing a greater amount for the purpose of the definition "claim limit" in subsection 1(1);

(b) by adding the following after clause (a.1):

(a.2) prescribing a greater amount for general damages for the purpose of subsection 3(1.1);

Coming into force

8           This Act comes into force on the day it receives royal assent.

Explanatory Note

This Bill amends The Court of Queen's Bench Small Claims Practices Act.

Under current law, a person may file a small claim in the Court of Queen's Bench if the amount claimed is $10,000 or less. This Bill allows that amount to be increased by regulation.

Within the $10,000 limit, a person may include a claim for general damages of no more than $2,000. This Bill allows that amount to be increased by regulation.