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The Court of Queen's Bench Small Claims Practices Amendment Act

S.M. 1991-92, c. 11

Bill 12, 2nd Session, 35th Legislature

The Court of Queen's Bench Small Claims Practices Amendment Act

(Assented to July 26, 1991)

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.

Subsections 1(3) and (4) added

2           Section 1 is amended by adding the following subsections:

Object and purpose

1(3)        The object and purpose of this Act is to provide for the determination of claims in a simple manner as expeditious, informal and inexpensive as possible commensurate with the matters at issue in each claim.

Claims dealt with in summary manner

1(4)        A claim may be dealt with in a summary manner and the rules of the court, other than rules specifically applicable to claims under this Act, do not apply and the judge or court officer hearing the claim may conduct the hearing in such manner as the judge or court officer considers appropriate in the circumstances of the case to effect an expeditious and inexpensive determination of the claim.

Section 3: repeal and substitution

3           Section 3 is repealed and the following is substituted:

Jurisdiction

3(1)        A person may file a claim under this Act

(a) for an amount of money not exceeding $5,000. which may include general damages in an amount not exceeding $1,000.; or

(b) for an assessment of liability arising from a motor vehicle accident in which the vehicle of the claimant is not damaged.

Pre-judgment interest not included

3(2)        A claim for interest under Part XIV of The Court of Queen's Bench Act is not, for purposes of clause (1)(a), part of an amount of money claimed under this Act.

Excluded proceedings

3(3)        This Act does not apply to a proceeding that involves or is likely to require determination of questions relating to

(a) the ownership of real property or an interest in real property;

(b) the interpretation or enforcement of a testamentary disposition;

(c) the administration of a trust or an estate;

(d) a matter appropriate to a family proceeding as defined in section 41 of The Court of Queen's Bench Act;

(e) an allegation of malicious prosecution, false imprisonment or defamation; or

(f) an allegation of wrongdoing by a judge, magistrate or justice.

Section 4 amended

4           Section 4 is amended by striking out "in any matter" and substituting "in a claim".

Subsection 5(1) amended

5           Subsection 5(1) is amended by striking out "or matter" where it twice occurs.

Subsection 6(1): repeal and substitution

6(1)        Subsection 6(1) is repealed and the following is substituted:

Claim commenced by simple statement

6(1)        A person making a claim under this Act, or another person acting on behalf of a person making a claim, shall, in accordance with the rules of the court specifically applicable to a claim under this Act, file at an administrative centre of the court a simple statement signed by or on behalf of the person making the claim and setting out the particulars of the claim including the amount of the claim and shall serve a copy of the statement upon each defendant against whom the claim is made.

Subsection 6(2) amended

6(2)        Subsection 6(2) is amended by striking out "copies of the claim" and substituting "copies of the statement".

Subsection 8(1) amended

7           Subsection 8(1) is amended

(a) by striking out "of the matter" and substituting "of the claim"; and

(b) by striking out "in which the matter" and substituting "in which the claim".

Clauses 9(1)(a) and (b) amended

8(1)        Clauses 9(1)(a) and (b) are amended by striking out "matter" wherever it occurs and substituting "claim" in each case.

Subsection 9(2) amended

8(2)        Subsection 9(2) is amended by striking out "proceedings before the judge or court officer" and substituting "claim".

Subsection 10(2): repeal and substitution

9           Subsection 10(2) is repealed and the following is substituted:

Further service required

10(2)       Where a person whose attendance as a witness is required and upon whom a subpoena is served otherwise than by personal service does not appear as required by the subpoena, the person shall not be arrested for failure to appear and no proceeding shall be taken to enforce attendance of the person or to punish the person for contempt of court or otherwise unless a further subpoena requiring the person to appear is personally served on the person and the person fails to comply with the subpoena.

Subsection 11(1) amended

10          Subsection 11(1) is amended by striking out "of an action" and substituting "of a claim".

Section 12: repeal and substitution

11          Section 12 is repealed and the following is substituted:

Decision is a judgment of the court

12(1)       Subject to subsections (2) and (3), the decision of a court officer under subsection 9(1), 11(1) or 20(2), when filed in the court office, is a judgment of the court.

Appeal to a judge where party appears

12(2)       Where a decision under subsection 9(1), 11(1) or 20(2) is made by a court officer, a party who is aggrieved by the decision and who appeared at the hearing of the claim may appeal the decision to a judge.

Leave required by party not appearing

12(3)       Where a decision under subsection 9(1), 11(1) or 20(2) is made by a court officer, a party who is aggrieved by the decision and who did not appear at the hearing of the claim may not appeal the decision unless leave to appeal is first obtained from a judge.

Thirty days to launch appeals

12(4)       Not later than the 30th day after the signing of a decision under subsection 9(1), 11(1) or 20(2) or within such further time as a judge may by order allow, a party intending to appeal under subsection (2) or (3) shall, in accordance with the rules of the court specifically applicable to a claim under this Act, file at the administrative or judicial centre of the court where the claim was heard a notice of appeal with, where applicable, an application for leave to appeal and shall immediately serve each respondent party with a copy of the notice of appeal and, where applicable, the application for leave.

Conduct of appeals

12(5)       An appeal under subsection (2) or (3) shall be a new trial and shall be dealt with in a summary manner and unless otherwise ordered by the judge on application of a party to the appeal, the rules of the court, other than rules specifically applicable to claims under this Act, do not apply.

Stay of proceedings on appeal

12(6)       Where, under subsection (2) or (3), a party appeals a decision of a court officer, all proceedings to enforce that decision are stayed as of the time the notice of appeal and, where applicable, the application for leave is filed.

Subsection 14(1): repeal and substitution

12          Subsection 14(1) is repealed and the following subsection is substituted:

Costs and disbursements

14(1)       A judge or court officer hearing a claim may award the successful party an amount

(a) for costs, excluding disbursements, as the judge or court officer considers appropriate and not exceeding, except in exceptional circumstances, $100.;

(b) for disbursements that are reasonably incurred for purposes of the claim.

Section 15: repeal and substitution

13          Section 15 is repealed and the following is substituted:

Appeal to Court of Appeal

15          A party who is aggrieved by the decision of a judge may, with leave of a judge of the Court of Appeal, appeal the decision to the Court of Appeal on a question of law only.

Subsection 19(1) amended

14(1)       Subsection 19(1) is amended

(a) by striking out "his claim" and substituting "a claim";

(b) by striking out "thereof" and substituting "of the claim";

(c) by striking out "he" and substituting "the claimant";

(d) by striking out "may have been incurred by the defendant in the matter" and substituting "are incurred by the defendant in respect of the claim".

Subsection 19(2) amended

14(2)       Subsection 19(2) is amended by striking out "on which case" and substituting "in which case".

Subsection 20(2) amended

15          Subsection 20(2) is amended by adding "permissible under this Act" after "has made a counterclaim".

Clause 21(1)(c) amended

16          Clause 21(1)(c) is amended by striking out "at his last known or usual place of abode" and substituting "at the last known or usual place of abode of the person".

Section 22 amended

17          Section 22 is amended by striking out "process" and substituting "document".

Coming into force

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