C.C.S.M. c. C280
The Court of Queen's Bench Act
PART I | |
DEFINITIONS | |
1 | Interpretation |
PART II | |
CONSTITUTION OF THE COURT | |
2 | Continuation of Court |
3 | Name of Court |
4 | Family Division |
5(1) | Composition of Court |
(2) | Additional offices |
(3) | C.J.Q.B., A.C.J.Q.B. election |
(4) | Supernumerary election |
6 | L.G. in C. may increase judges |
PART III | |
JUDGES OF THE COURT | |
7 | Oath or affirmation by Judges |
8 | Powers of a judge |
9(1) | Residence of Chief Justice |
(2) | Residence of judges |
(3) | Change in residence |
(4) | Judges away from Winnipeg |
10 | Meetings of judges |
PART IV | |
MASTERS OF THE COURT | |
DIVISION 1 | |
DEFINITIONS | |
11 | Definitions |
DIVISION 2 | |
APPOINTMENT, SENIOR MASTER AND GENERAL MATTERS | |
APPOINTMENT | |
11.1 | Appointment of masters |
11.2 | Qualifications |
11.3(1) | Appointment from list of candidates |
(2) | Masters Nominating Committee |
(3) | Convening nominating committee |
(4) | Duties of nominating committee |
11.4 | Provisions applicable to nominating committee |
11.5(1) | If fewer than three qualified candidates |
(2) | Chief Justice and senior master consulted |
SENIOR MASTER | |
11.6(1) | Appointment of senior master |
(2) | Nominating committee |
(3) | Procedure |
11.7 | Duties of senior master |
11.8 | Resignation as senior master |
GENERAL MATTERS | |
11.9 | Oath or affirmation |
11.10(1) | Master to devote full time to duties |
(2) | No extra remuneration |
(3) | Expenses excepted |
(4) | Winding up practice, etc. |
11.11 | Holding office during good behaviour |
11.12 | Resignation |
11.13 | Resigning master remains seized, etc. |
11.14(1) | Residence of senior master |
(2) | Residence of masters |
(3) | Change in residence |
11.15(1) | Jurisdiction of a master |
(2) | Provincial court judge a master |
DIVISION 3 | |
COMPENSATION | |
11.16 | |
11.17(1) | Masters' compensation |
(2) | Senior master's compensation |
DIVISION 4 | |
COMPLAINTS ABOUT MASTERS | |
11.18(1) | Complaints |
(2) | Form of complaint |
(3) | Assistance to public |
(4) | Chief Justice may designate judge |
(5) | Notice to master |
11.19 | Reassignment of master |
11.20 | Investigation of other matters |
11.21(1) | Powers of Chief Justice |
(2) | Complaints referred directly to board |
(3) | Notification of decision |
(4) | Referral to board by complainant |
INVESTIGATION BY JUDICIAL INQUIRY BOARD | |
11.22(1) | Judicial Inquiry Board |
(2) | Applicable provisions |
11.23(1) | Preliminary investigation |
(2) | Applicable provisions |
(3) | Decision of board |
(3.1) | Notice |
(3.2) | Board's decision final |
(4) | Charge laid before council |
(5) | Applicable provisions |
MASTERS JUDICIAL COUNCIL ESTABLISHED | |
11.24(1) | Establishment of council |
(2) | Composition |
(3) | Ineligible persons |
(4) | Member continues |
(5) | Term of office |
(6) | Appointment of successor |
(7) | Judicial member to be chairperson |
(8) | |
(9) | Quorum |
(10) | Applicable provisions |
ADJUDICATION BY MASTERS JUDICIAL COUNCIL | |
11.25(1) | Adjudication by council |
(2) | Convening council |
(3) | Applicable provisions |
11.26(1) | Appeal to Court of Appeal |
(2) | Applicable provisions |
COMPLAINTS ABOUT SENIOR MASTER | |
11.27(1) | Suspension of senior master during investigation |
(2) | Appeal of suspension |
(3) | Suspension of senior master after hearing |
(4) | Revocation of appointment as senior master |
DIVISION 5 | |
MISCELLANEOUS MATTERS | |
11.28(1) | Administrator |
(2) | Administrator also for Judicial Council |
11.29 | Information to public |
11.30 | Annual report by Chief Justice, board and council |
11.31 | Giving notice |
PART IV.1 | |
OTHER OFFICERS OF THE COURT | |
12(1) | Appointment of registrars |
(2) | Powers and duties of registrars |
(3) | Powers of deputy registrar |
13(1) | Assess. officer and official examiner |
(2) | Additional officers and examiners |
(3) | Powers and duties |
GENERAL PROVISIONS | |
14 | General powers |
15 | Exemption from liability |
16 | Sheriffs, peace officers, etc. |
PART V | |
ADMINISTRATIVE AND JUDICIAL CENTRES | |
17(1) | Establishment of centres |
(2) | Designation of court services |
18(1) | Transfer on Change of Centre |
(2) | Deemed transfer |
(3) | Transfer of documents on change |
PART VI | |
COURT ADMINISTRATION | |
19 | Minister of Justice supervises |
20(1) | Court staff under Chief Justice |
(2) | Court staff under presiding judge |
(3) | Stand-by court staff |
21 | Court offices open to public |
22(1) | The court seal |
(2) | Seal on documents issued |
(3) | Effect of the seal |
23 | Prisons of the court |
PART VII | |
JUDICIAL ADMINISTRATION | |
24(1) | Duties of the Chief Justice |
(2) | Duties of Associate Chief Justices |
25 | Absence of Chief Justice |
26 | Additional judges, family division |
27(1) | Duties of family division judges |
(2) | Assignment to other duties |
28(1) | Sittings outside judicial centres |
(2) | Judge may change place of hearing |
(3) | Judge not available at hearing |
29 | One judge to preside at a hearing |
30 | Persona designata abolished |
31(1) | Post-retirement or resignation |
(2) | Motion for rehearing |
(3) | Costs of hearing and rehearing order |
PART VIII | |
JURISDICTION AND LAW | |
32 | Jurisdiction of court |
33(1) | Application of laws of England |
(2) | Evidence, practice and procedure |
(3) | Rules of law and equity |
(4) | Rules of equity to prevail |
34 | Declaratory orders |
35 | Relief against penalties |
36 | Damages |
37(1) | Vesting orders |
(2) | Execution by order of the court |
38 | Stay of proceedings |
39(1) | Relief against acceleration |
(2) | Subsection (1) overrides agreement |
(3) | Fresh default |
40 | Laws of Assiniboia |
PART IX | |
JURISDICTION OF FAMILY DIVISION | |
41 | Definitions |
42 | Territorial jurisdiction |
43(1) | Exclusive jurisdiction |
(2) | Concurrent jurisdiction |
44 | No duplication of proceedings |
45 | Transitional |
46(1) | Clause 42(a) area to family division |
(2) | Clause 42(b) area to family division |
(3) | Clause 42(b) area to provincial court |
47(1) | Referral to designated mediator |
(2) | Action by designated mediator |
48(1) | Mediation by designated mediator |
(2) | Mediation by private practising mediator |
(3) | Exception |
49(1) | Family evaluator |
(2) | Duty of family evaluator |
50 | Family evaluator may be witness |
51 | No limitation on recovery of support |
52 | Death of judgment debtor |
53 | Death of support recipient |
54 | Cancellation of support payments |
PART X | |
INTERLOCUTORY PROCEEDINGS | |
55(1) | Injunctions and receivers |
(2) | Terms on injunction or appointment |
56(1) | No injunction re personal services |
(2) | No contempt re personal services |
57(1) | No injunction re freedom of speech |
(2) | "Exercise right to freedom of speech" |
(3) | Exceptions |
(4) | "Public thoroughfare" |
58(1) | Pending litigation order |
(2) | Registration in Land Titles Office |
(3) | Exception |
(4) | Liability where no reasonable claim |
(5) | Recovery of damages |
(6) | Pending litigation order discharge |
59(1) | Recovery of personal property |
(2) | Damages if order set aside |
(3) | Recovery of damages |
(4) | Forcible entry of dwelling by sheriff |
(5) | Search of person and premises by sheriff |
(6) | Property not recoverable |
60(1) | Attachment before judgment |
(2) | Attachment of personal property |
(3) | Attachment of land |
(4) | Discharge of attaching order |
61 | Garnishment before judgment |
62(1) | Liability if no judgment obtained |
(2) | Recovery of damages |
63(1) | "Health care practitioner" |
(2) | Physical or mental examination |
(3) | No examination without grounds |
(4) | Further examinations |
(5) | Examiner may ask questions |
(6) | Examination of a child |
PART XI | |
PROCEDURAL MATTERS | |
64(1) | Actions tried with a jury |
(2) | Actions tried without jury |
(3) | Verdicts or questions |
(4) | Malicious prosecution |
65(1) | Set-off by defendant |
(2) | Mutual debts of different nature |
(3) | Judgment for defendant |
66 | Agreement re third party claim |
67 | Security |
68(1) | Personal representative accounting |
(2) | Co-tenant accounting |
69(1) | Proceedings in wrong forum |
(2) | Transfer of errant proceeding |
70 | Commission evidence |
71 | Service of process on Sunday |
72(1) | Bond and recognizance enforcement |
(2) | Enforcement of fines for contempt |
72.1(1) | Foreign money obligations |
(2) | If manner of conversion provided in obligation |
(3) | Statement of obligation in Canadian currency |
(4) | Amount in Canadian currency |
(5) | Orders and proceedings that are exempt |
PART XII | |
VEXATIOUS PROCEEDINGS | |
73(1) | Application for order |
(2) | Consent of the Attorney General |
74(1) | Application for leave to proceed |
(2) | Leave to proceed or rescission |
(3) | Attorney-General to be heard |
(4) | No appeal |
75 | Abuse of process |
PART XIII | |
PUBLIC ACCESS | |
76(1) | Hearings open to public |
(2) | Exception |
(3) | Disclosure of what transpires |
77(1) | Sealing confidential documents |
(2) | Documents public |
(3) | Copies |
PART XIV | |
INTEREST AND DISCOUNT RATES | |
78 | Definitions |
79(1) | Publication of quarterly rate |
(2) | Initial quarterly interest rate for prejudgment interest |
80(1) | Prejudgment interest |
(2) | Prejudgment interest, specials |
(3) | Non-pecuniary damages |
(4) | Relevant circumstances |
81(1) | Discretion of the court |
(2) | Factors under subsection (1) |
82 | No interest to be awarded |
83(1) | Discount for future damages |
(2) | 3% discount |
(3) | Limitation |
84(1) | Postjudgment interest |
(2) | Interest on periodic payments |
(3) | Orders originating outside Manitoba |
(4) | Costs assessed without order |
(5) | Postjudgment interest not available |
(6) | Postjudgment interest agreement |
85 | Pleadings |
86 | Queen's Bench Small Claims Act |
87 | Enforcement of order |
88(1) | Transitional |
(2) | No interest prior to Sept. 10,1986 |
PART XIV.1 | |
PERIODIC PAYMENT OF DAMAGES | |
88.1 | Definitions |
88.2 | Order for periodic payments |
88.3 | Content of judgment |
88.4(1) | Security required |
(2) | Security to be satisfactory to court |
(3) | Effect of posting security |
(4) | Effect of not posting security |
88.5 | Effect of death |
88.6 | Commutation to lump sum prohibited |
88.7 | Limitation on garnishment, etc. |
88.8 | Assignment of periodic payments |
88.9 | Transitional |
PART XV | |
APPEALS | |
89 | Appeal to Court of Appeal |
90(1) | Consent order, costs not appealable |
(2) | Costs against lawyer appealable |
PART XVI | |
RULES OF COURT | |
91(1) | Rules committee |
(2) | Presiding member |
(3) | Quorum |
92 | Rule-making powers |
93(1) | No rules to conflict with an Act |
(2) | Rules are regulations |
PART XVII | |
MISCELLANEOUS | |
94 | Multiplicity of proceedings |
95 | Joint liability not affected |
96(1) | Costs |
(2) | Costs where counsel an employee |
97 | Acting under court order |
98 | Extension of time for translation |
99 | Crown bound |
PART XVIII | |
TRANSITIONAL PROVISIONS | |
100(1) | Application to all proceedings |
(2) | Exception |
101 | References to former terminology |
Table | |
102 | Statutes repealed |
103 | Reference in C.C.S.M. |
104 | Coming into force |