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The Court of Appeal Amendment Act

S.M. 1989-90, c. 32

Bill 68, 2nd Session, 34th Legislature

The Court of Appeal Amendment Act

(Assented to March 8, 1990)

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

C.C.S.M. c. C240

1           The Court of Appeal Act is amended in the manner set forth in this Act.

Section 12 rep. and sub.

2           Section 12 is repealed and the following section is substituted:

Duties of the Chief Justice

12(1)       The Chief Justice of Manitoba shall be responsible for the judicial functions of the court, including direction over sittings of the court and the assignment of judicial duties.

Place of sitting

12(2)       Subject to subsection (1), the court shall sit in The City of Winnipeg.

Time and duration of sittings

12(3)       Subject to subsection (1) and the rules made as herein provided, the court, and the judges thereof respectively, may sit and act at any time for the transaction of any part of the business of the court or of the judges, or for the discharge of any duty that, by statute or otherwise, is required to be discharged.

Subsection 26(5) added

3           Section 26 is amended by adding the following subsection:

Court may stay proceedings

26(5)       After an appeal has been decided, a judge of the court may, on terms the judge considers appropriate, order that proceedings, including execution, in the cause or matter from which the appeal was taken be stayed in whole or in part.

Repeal of section 30

4           Section 30 is repealed.

Coming into force

5           This Act comes into force on a day fixed by proclamation.