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The Court of Appeal Amendment Act

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S.M. 2008, c. 35

Bill 39, 2nd Session, 39th Legislature

The Court of Appeal Amendment Act

(Assented to June 12, 2008)

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

C.C.S.M. c. C240 amended

1           The Court of Appeal Act is amended by this Act.

2           Subsection 2(1) is amended by striking out "six" and substituting "seven".

3           Subsection 7(1) of the English version is amended by striking out "he" and substituting "the judge".

4           Section 10 is amended

(a) in the English version, by striking out "upon him by rules" and substituting "on the registrar by the rules"; and

(b) in the French version, by striking out everything after "en cabinet," and substituting "dans la mesure prévue par les règles prises en vertu de la présente loi."

5           Section 19 of the English version is amended by striking out "his opinion" and substituting "the judge's opinion".

6           Section 20 of the English version is amended

(a) in clause (a), by striking out "his office" and substituting "from his or her office"; and

(b) in the part after clause (c),

(i) by striking out "his resignation" and substituting "the resignation", and

(ii) by striking out "before him as if he" and substituting "before the judge as if the judge".

7           Section 21 of the English version is amended by striking out "his" and substituting "his or her".

8           Section 22 of the English version is amended

(a) in the section heading, by striking out "his"; and

(b) by striking out "made by himself" and substituting "that the judge made".

9           Section 23 of the English version is amended

(a) by striking out "his" and substituting "his or her"; and

(b) by striking out "he" and substituting "the judge".

10          Section 24 of the English version is amended by striking out "he may, in addition to his duties as" and substituting "may, in addition to the duties of".

11          The following is added after section 31:

Vexatious proceedings

31.1(1)     Where a judge sitting in chambers or the court is satisfied, on application, that a person, persistently and without reasonable grounds, is

(a) instituting vexatious proceedings in the court; or

(b) conducting a proceeding in a vexatious manner;

the judge or the court may order that

(c) the person shall not institute a further proceeding; or

(d) a proceeding instituted by the person shall not be continued;

except with leave of a judge.

Consent of Attorney General

31.1(2)     An application under subsection (1) shall be made with the consent of the Attorney General, and the Attorney General is entitled to be heard on the application.

Application for leave to proceed

31.2(1)     Where a person governed by an order under subsection 31.1(1) seeks to institute or continue a proceeding, the person may apply for

(a) leave to institute or continue the proceeding; or

(b) rescission of the order;

and for no other relief, including costs.

Application to court for rescission

31.2(2)     If the order under subsection 31.1(1) was made by the court, the application for rescission of the order under clause (1)(b) shall be made to the court.

Leave to proceed or rescission

31.2(3)     For purposes of an application under subsection (1), where a judge sitting in chambers or the court is satisfied that a proceeding to be instituted or continued is not an abuse of process and that there are reasonable grounds for the proceeding, the judge or the court may, by order,

(a) grant leave to proceed; or

(b) rescind the order made under subsection 31.1(1).

Attorney General to be heard

31.2(4)     A person making an application under subsection (1) shall give notice of the application to the Attorney General, and the Attorney General is entitled to be heard on the application.

No appeal

31.2(5)     No appeal lies from a refusal to make an order under subsection (3).

Abuse of process

31.3        Nothing in section 31.1 or 31.2 limits the authority of the court to stay or dismiss a proceeding as an abuse of process or on any other ground.

Coming into force

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