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C.C.S.M. c. C280

The Court of Queen's Bench Act

(Assented to November 16, 1988)

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

PART I

DEFINITIONS

Interpretation

1           In this Act,

"action" means a civil proceeding, other than an application, that is commenced in the court by

(a) a statement of claim,

(b) a counterclaim,

(c) a crossclaim,

(d) a third or subsequent party claim, or

(e) a petition; (« action »)

"application" means a civil proceeding, other than an action, that is commenced in the court by a notice of application; (« requête »)

"centre" means an administrative centre or a judicial centre as designated under section 17 of this Act; (« centre »)

"chief justice" means the Chief Justice of the Court of Queen's Bench; (« juge en chef »)

"civil proceeding" or "proceeding" means an action or application commenced or made in the court; (« instance civile » ou « instance »)

"court" means the Court of Queen's Bench of Manitoba and includes the Court of Queen's Bench of Manitoba (Family Division); (« Cour » ou « tribunal »)

"family division" means the Court of Queen's Bench of Manitoba (Family Division); (« Division de la famille »)

"hearing" includes a trial; (« audience »)

"judge" means a judge of the court or any division thereof, and includes the Chief Justice of the Court of Queen's Bench, the Associate Chief Justice of the Court of Queen's Bench and the Associate Chief Justice of the Court of Queen's Bench (Family Division); (« juge »)

"master" means a master of the court appointed under section 11.1 and includes the senior master; (« conseiller-maître »)

"motion" means a motion in a proceeding or an intended proceeding; (« motion »)

"order", except as defined in Part XIV, means an order of the court and includes a judgment; (« ordonnance »)

"personal property" means property other than real property and includes goods, chattels, money, currency, debts, rents, legacies, stocks, shares, bonds, debentures or other securities and other demands due or accruing due; (« biens personnels »)

"registrar" means a registrar of the court appointed under section 12 and includes a deputy registrar; (« registraire »)

"rules" means the rules made under Part XVI of this Act. (« règles »)

S.M. 1999, c. 34, s. 2; S.M. 2008, c. 42, s. 16.

PART II

CONSTITUTION OF THE COURT

Continuation of Court

2           Her Majesty's Court of Queen Bench for Manitoba shall continue as a superior court of record, having civil and criminal jurisdiction, under the name of the "Court of Queen's Bench of Manitoba".

Name of Court

3           The court shall, during the reign of a Queen, be called the "Court of Queen's Bench of Manitoba" and, during the reign of a King, the "Court of King's Bench of Manitoba", and in all documents and proceedings in the court may be designated and described as the "Queen's Bench" or the "King's Bench", as the case may be.

Family Division

4           There shall be a division of the court called the "Court of Queen's Bench of Manitoba (Family Division)" or the "Court of King's Bench of Manitoba (Family Division)", as the case may be, and in all documents and proceedings in the family division may be designated and described as the "Queen's Bench (Family Division)" or the "King's Bench (Family Division)".

Composition of Court

5(1)        Subject to subsection (2), the court shall consist of the following offices:

(a) the Chief Justice who shall be called the "Chief Justice of the Court of Queen's Bench";

(b) the Associate Chief Justice of the Court of Queen's Bench who shall be called the "Associate Chief Justice of the Court of Queen's Bench" and who shall be the senior associate chief justice;

(c) the Associate Chief Justice of the Court of Queen's Bench (Family Division) who shall be called the "Associate Chief Justice of the Court of Queen's Bench (Family Division)"; and

(d) 31 other judges, of whom

(i) 19 are judges of the court, other than the family division, and

(ii) 12 are judges of the family division.

Additional offices

5(2)        The court shall consist of as many additional judicial offices as are required for purposes of subsections (3) and (4).

C.J.Q.B., A.C.J.Q.B. election

5(3)        Where the requirements of the Judges Act (Canada) are otherwise met, the Chief Justice of the Court of Queen's Bench, the Associate Chief Justice of the Court of Queen's Bench or the Associate Chief Justice of the Court of Queen's Bench (Family Division), may elect to cease to perform the duties of chief justice or associate chief justice and to perform the duties of a judge of the court.

Supernumerary election

5(4)        Where the requirements of the Judges Act (Canada) are otherwise met a judge may elect to act as a supernumerary judge.

S.M. 1996, c. 6, s. 2; S.M. 2005, c. 33, s. 6; S.M. 2008, c. 42, s. 16.

L.G. in C. may increase judges

6           The Lieutenant Governor in Council may by regulation increase the number of judges under clause 5(1)(d) but may not, by revoking a regulation or otherwise, decrease the number of judges under clause 5(1)(d).

PART III

JUDGES OF THE COURT

Oath or affirmation by Judges

7           A judge shall, before entering on the duties of office, take the following oath or affirmation to be administered by the Lieutenant Governor or a judge:

I,                 , solemnly and sincerely promise and swear (affirm) that I will duly and faithfully and to the best of my skill and knowledge exercise the powers and trusts reposed in me as (title of office) of the Court of Queen's Bench of Manitoba.

So Help Me God (omit this line where person affirms)

Powers of a judge

8           A judge has all the powers, rights, incidents, privileges and immunities of a judge of a superior court of record, and all other powers, rights, incidents, privileges and immunities as they were, on and prior to July 15, 1870, used, exercised and enjoyed by any of the judges of any of the superior courts of law or equity in England.

Residence of Chief Justice

9(1)        The Chief Justice shall reside in, or in the vicinity of, the City of Winnipeg.

Residence of judges

9(2)        A judge shall, upon appointment, reside in, or in the vicinity of, the judicial centre that the Lieutenant Governor in Council, with the recommendation of the Minister of Justice after consultation with the Chief Justice, may direct.

Change in residence

9(3)        Where a judge establishes a residence in accordance with a direction made under subsection (2), the judge shall not afterwards

(a) be directed to move the residence to, or to the vicinity of, another judicial centre unless the judge consents to the move;

(b) move the residence to, or to the vicinity of, another judicial centre unless the Lieutenant Governor in Council, with the recommendation of the Minister of Justice after consultation with the Chief Justice, approves the move.

Judges away from Winnipeg

9(4)        Not less than three judges shall reside in, or in the vicinity of, a judicial centre located outside The City of Winnipeg.

S.M. 1993, c. 48, s. 52.

Meetings of judges

10          The Chief Justice shall, whenever necessary and at least once in each year, convene a meeting of the judges for the purpose of dealing with matters relating to the administration of and practice in the courts or for any purpose relating to the administration of justice or for the purposes of an Act of the Legislature.

PART IV

MASTERS OF THE COURT

DIVISION 1

DEFINITIONS

Definitions

11          In this Part,

"administrator" means the person appointed as administrator under subsection 11.28(1); (« administrateur »)

"board" means the Judicial Inquiry Board referred to in subsection 11.22(1); (« Commission »)

"council" means the Masters Judicial Council established in section 11.24; (« Conseil »)

"incapacity" means the inability of a master to perform his or her duties as a result of a physical or mental condition or disorder; (« incapacité »)

"misconduct" includes

(a) conduct unbecoming a master, and

(b) neglect of duty by a master; (« inconduite »)

"nominating committee" means the Masters Nominating Committee referred to in subsection 11.3(2); (« Comité de nomination »)

"senior master" means the person appointed under this Act as the Senior Master of the court. (« conseiller-maître principal »)

S.M. 1989-90, c. 90, s. 6; S.M. 1999, c. 34, s. 3.

DIVISION 2

APPOINTMENT, SENIOR MASTER AND GENERAL MATTERS

APPOINTMENT

Appointment of masters

11.1        The Lieutenant Governor in Council may appoint such persons as he or she considers necessary as masters of the court in accordance with the provisions of this Part.

S.M. 1999, c. 34, s. 3.

Qualifications

11.2        No person shall be appointed a master unless the person

(a) is a member in good standing of The Law Society of Manitoba;

(b) is entitled to practise as a barrister and solicitor in Manitoba; and

(c) has practised as a barrister and solicitor in Manitoba for not less than five years, or has other equivalent experience.

S.M. 1999, c. 34, s. 3.

Appointment from list of candidates

11.3(1)     An appointment under section 11.1 shall be made from a list of candidates that is recommended by a nominating committee to be known as the Masters Nominating Committee.

Masters Nominating Committee

11.3(2)     The Masters Nominating Committee shall be composed of the following seven members:

(a) the Chief Justice, or a judge designated by the Chief Justice, who shall be the chairperson of the committee;

(b) the president of The Law Society of Manitoba, or a member of The Law Society designated by the president;

(c) the president of the Manitoba Branch of The Canadian Bar Association, or a member of the Manitoba Branch of The Canadian Bar Association designated by the president;

(d) three persons who are not lawyers, judges, masters, retired judges or retired masters, appointed by the Lieutenant Governor in Council;

(e) the senior master, or when a senior master is to be appointed under subsection 11.6(1), a master designated by the masters of the court.

Convening nominating committee

11.3(3)     The Minister of Justice shall advise the Chief Justice when a master is to be appointed under section 11.1 or a senior master is to be appointed under subsection 11.6(1).  The Chief Justice, or the judge designated by the Chief Justice under clause 11.3(2)(a), shall convene the nominating committee.

Duties of nominating committee

11.3(4)     A nominating committee shall

(a) subject to section 11.2, establish criteria for the selection of candidates for appointment under section 11.1, which shall include criteria respecting

(i) the assessment of the professional excellence, community awareness and personal suitability of candidates, and

(ii) the diversity of Manitoba society;

(b) advertise for applications and nominations of candidates, in such manner as it may decide;

(c) accept applications and nominations, in such form as it may decide, of candidates, and may invite persons to make application;

(d) evaluate, in such manner as it considers advisable, the application of a candidate, and the nomination of a candidate who consents to his or her nomination; and

(e) subject to subsection 11.5(1), provide the Minister of Justice with a list of not fewer than three and not more than six qualified candidates who shall not be ranked on the list, in respect of each position.

S.M. 1999, c. 34, s. 3; S.M. 2005, c. 33, s. 7.

Provisions applicable to nominating committee

11.4        The following provisions of The Provincial Court Act apply to the Masters Nominating Committee, with necessary modifications, in the same manner as those provisions apply to the Judicial Nominating Committee under that Act:

(a) subsection 3.1(5) (interviews and consultations);

(b) subsection 3.1(6) (confidentiality of information);

(c) subsection 3.1(7) (report to minister).

S.M. 1999, c. 34, s. 3.

If fewer than three qualified candidates

11.5(1)     If, in the opinion of the nominating committee, there are fewer than three qualified candidates, the committee shall certify this to the Minister of Justice and provide a list with the names of the qualified candidates.

Chief Justice and senior master consulted

11.5(2)     The Minister of Justice shall provide a copy of the list of candidates to the Chief Justice and the senior master, who may provide comments with respect to a candidate's qualifications and personal suitability for the position, for the minister's consideration.

S.M. 1999, c. 34, s. 3; S.M. 2005, c. 33, s. 8.

SENIOR MASTER

Appointment of senior master

11.6(1)     The Lieutenant Governor in Council shall appoint a person as senior master and, where the person is not a master of the court, as a master of the court, from a list of candidates that is recommended by a nominating committee convened under subsection 11.3(3).

Nominating committee

11.6(2)     Where an appointment is to be made under subsection (1), the Minister of Justice shall advise the chairperson of whether the nominating committee is to recommend only masters, or any person qualified under section 11.2.

Procedure

11.6(3)     A nominating committee referred to in subsection (2) has the duties, and shall proceed in the manner, set out in this Part.

S.M. 1999, c. 34, s. 3.

Duties of senior master

11.7        Under the direction of the Chief Justice, the senior master

(a) has general supervisory powers in respect of masters in matters that are assigned to masters; and

(b) is responsible for the judicial functions of masters, including direction over sittings of masters and the assignment of judicial duties.

S.M. 1999, c. 34, s. 3.

Resignation as senior master

11.8        A person who is designated as a senior master may at any time resign as senior master and thereafter carry out the functions of a master.

S.M. 1999, c. 34, s. 3.

GENERAL MATTERS

Oath or affirmation

11.9        Every master shall take and subscribe the oath or affirmation of office in accordance with section 7, with necessary modifications.

S.M. 1999, c. 34, s. 3.

Master to devote full time to duties

11.10(1)    Subject to subsection (4), no master shall

(a) carry on, engage in, practise or conduct a business, trade, profession or occupation; or

(b) act as a commissioner, arbitrator, adjudicator, umpire or mediator on a matter or proceeding, except with the approval of the Chief Justice.

No extra remuneration

11.10(2)    No master shall accept any salary, fee or other remuneration for doing any of the things mentioned in clause (1)(b).

Expenses excepted

11.10(3)    A master acting as a commissioner, arbitrator, adjudicator, umpire or mediator under clause (1)(b) may receive reasonable expenses.

Winding up practice, etc.

11.10(4)    A newly appointed master may with the approval of the Chief Justice be given a reasonable period of time to wind up his or her practice of law or any other business, commercial or professional activities.

S.M. 1999, c. 34, s. 3.

Holding office during good behaviour

11.11       A master shall hold office during good behaviour and may be removed only in accordance with the provisions of this Part.

S.M. 1999, c. 34, s. 3.

Resignation

11.12       A master may resign from his or her office by delivering a signed letter of resignation to the Chief Justice, and the Chief Justice shall deliver it to the Minister of Justice.

S.M. 1999, c. 34, s. 3.

Resigning master remains seized, etc.

11.13       Subsection 6(1) (continuation of matters before resigning judges) and subsection 6(2) (death etc. of judge) of The Provincial Court Act apply to a master, with necessary modifications.

S.M. 1999, c. 34, s. 3.

Residence of senior master

11.14(1)    The senior master shall reside in, or in the vicinity of, The City of Winnipeg.

Residence of masters

11.14(2)    Upon appointment, a master shall reside in, or in the vicinity of, the judicial centre that the Lieutenant Governor in Council, with the recommendation of the Minister of Justice after consultation with the Chief Justice, may direct.

Change in residence

11.14(3)    Where a master establishes a residence in accordance with a direction made under subsection (2), the master shall not afterwards

(a) be directed to move the residence to, or to the vicinity of, another judicial centre unless the master consents to the move; or

(b) move the residence to, or to the vicinity of, another judicial centre unless the Lieutenant Governor in Council, with the recommendation of the Minister of Justice after consultation with the Chief Justice, approves the move.

S.M. 1999, c. 34, s. 3.

Jurisdiction of a master

11.15(1)    A master has jurisdiction as provided by statutes, regulations made under statutes or the rules.

Provincial court judge a master

11.15(2)    A judge of the Provincial Court of Manitoba (Family Division) is ex officio a master and may, as directed by the Chief Justice, act as a master.

S.M. 1999, c. 34, s. 3.

DIVISION 3

COMPENSATION

11.16       [Repealed]

S.M. 1999, c. 34, s. 3; S.M. 2001, c. 40, s. 11.

Masters' compensation

11.17(1)    Masters, other than the senior master, are entitled to receive the same salary and benefits, including pension plans, vacations, sick leave, disability benefits, travel expenses and allowances, as judges of the Provincial Court of Manitoba.

Senior master's compensation

11.17(2)    The senior master is entitled to receive the same salary and benefits, including pension plans, vacations, sick leave, disability benefits, travel expenses and allowances, as an Associate Chief Judge of the Provincial Court of Manitoba.

Judicial compensation report to masters

11.17(3)    Masters are entitled to receive the report of a Judicial Compensation Committee appointed under subsection 11.1(2) of The Provincial Court Act at the same time as the judges of the Provincial Court receive it.  Subsection 11.1(20) of that Act, respecting the confidentiality of the report, applies to the masters.

S.M. 1999, c. 34, s. 3; S.M. 2001, c. 40, s. 11; S.M. 2010, c. 33, s. 11.

DIVISION 4

COMPLAINTS ABOUT MASTERS

Complaints

11.18(1)    Any person may make a complaint to the Chief Justice alleging misconduct by a master or the incapacity of a master and the complaint shall be dealt with in accordance with this Part.

Form of complaint

11.18(2)    A complaint shall be in writing and signed by the complainant.

Assistance to public

11.18(3)    Upon request, the administrator shall arrange for the provision of assistance to any person in the preparation of a complaint.

Chief Justice may designate judge

11.18(4)    The Chief Justice may designate a judge, other than a judge who is a member of the board, to deal with the complaint as set out in this Part.

Notice to master

11.18(5)    Within seven days after receiving the complaint, the Chief Justice shall give a copy of the complaint to the master who is the subject of the complaint and advise the master as to the name of the judge who shall deal with the complaint.

S.M. 1999, c. 34, s. 3.

Reassignment of master

11.19       The Chief Justice may reassign a master who is the subject of a complaint to administrative duties or to a different judicial centre until the complaint is finally disposed of.

S.M. 1999, c. 34, s. 3.

Investigation of other matters

11.20       In addition to investigating a complaint received under subsection 11.18(1), the Chief Justice or the judge designated by the Chief Justice, may, on his or her own initiative, investigate any matter respecting misconduct by a master or the incapacity of a master that comes to his or her attention, and the matter shall be dealt with as a complaint under this Part.

S.M. 1999, c. 34, s. 3.

Powers of Chief Justice

11.21(1)    After receiving a complaint, the Chief Justice, or the judge designated by the Chief Justice, may

(a) resolve the complaint, if he or she obtains the written agreement of the complainant and the master;

(b) if he or she is of the opinion that there is no basis for the complaint or that a more appropriate avenue should be pursued by the complainant, advise the complainant of that fact; or

(c) refer the complaint in writing to the board for investigation.

Complaints referred directly to board

11.21(2)    Despite subsection (1), the Chief Justice, or the judge designated by the Chief Justice, shall refer a complaint to the board if

(a) the complaint alleges that a master has been charged with an indictable offence; or

(b) in the opinion of the Chief Justice, or the judge designated by the Chief Justice, the alleged misconduct by the master may amount to conduct prejudicial to the administration of justice that brings the judicial office into disrepute.

Notification of decision

11.21(3)    The Chief Justice, or the judge designated by the Chief Justice, shall give the complainant and the master who is the subject of the complaint notice in writing of the decision under subsection (1) within 60 days after the date the complaint was received, and the notice to the complainant shall include information about referring the complaint to the board under subsection (4).

Referral to board by complainant

11.21(4)    A complainant who is dissatisfied with a decision made under clause (1)(b) or who has not been notified within the time period referred to in subsection (3) may, in writing, refer the complaint to the board within 30 days of receiving a copy of the decision, or of the expiry of the time period, as the case may be.

S.M. 1999, c. 34, s. 3.

INVESTIGATION BY JUDICIAL INQUIRY BOARD

Judicial Inquiry Board

11.22(1)    The Judicial Inquiry Board established under section 32 of The Provincial Court Act shall, in addition to its duties under that Act, also investigate complaints alleging misconduct by masters or incapacity of masters and conduct proceedings before the Masters Judicial Council when charges are laid.

Applicable provisions

11.22(2)    Section 32 of The Provincial Court Act applies when the board is investigating complaints about masters.

S.M. 1999, c. 34, s. 3.

Preliminary investigation

11.23(1)    On referral of a complaint under this Part, the board shall consider the matter and may conduct such investigation as it considers appropriate.

Applicable provisions

11.23(2)    Section 33 (preliminary investigation) and section 34 (investigation of other matters) of The Provincial Court Act apply, with necessary modifications, to an investigation by the board on referral of a complaint about a master in the same manner as those sections apply to an investigation by the board on referral of a complaint about a judge of the Provincial Court, and in those provisions

(a) a reference to the Chief Judge shall be read as a reference to the Chief Justice;

(b) a reference to a judge shall be read as a reference to a master; and

(c) a reference to the council shall be read as a reference to the Masters Judicial Council established under subsection 11.24(1).

Decision of board

11.23(3)    After considering the complaint, the board may

(a) resolve the complaint, if it obtains the written agreement of the complainant and the master;

(b) decide that no further action is required with respect to the complaint; or

(c) formulate a charge of misconduct or incapacity against the master, stating the grounds for the charge.

Notice

11.23(3.1)  The board shall give to the master who is the subject of the complaint, the complainant and the Chief Justice

(a) a copy of its decision and reasons, if the board makes a decision under clause (3)(a) or (b); or

(b) a copy of the charge laid before the council, if the board makes a decision under clause (3)(c).

Board's decision final

11.23(3.2)  The decision of the board under subsection (3) is final and no appeal lies from it.

Charge laid before council

11.23(4)    If a charge is formulated under clause (3)(c), the board shall lay the charge before the council.

Applicable provisions

11.23(5)    The following provisions of The Provincial Court Act apply, with necessary modifications, if a charge is formulated under clause (3)(c), in the same manner as these provisions apply if a charge is formulated against a judge of the Provincial Court:

(a) subsection 35(3) (charge public, subject to exception);

(b) and (c) [repealed] S.M. 2005, c. 33, s. 9;

(d) subsection 36(1) (reassignment or suspension);

(e) subsection 36(2) (appeal of suspension without pay);

(f) subsection 36(3) (stay pending appeal);

(g) subsection 36(4) (powers of court on appeal);

and in those provisions

(h) a reference to the Chief Judge shall be read as a reference to the Chief Justice;

(i) a reference to a judge shall be read as a reference to a master; and

(j) a reference to the council shall be read as a reference to the Masters Judicial Council.

S.M. 1999, c. 34, s. 3; S.M. 2005, c. 33, s. 9.

MASTERS JUDICIAL COUNCIL ESTABLISHED

Establishment of council

11.24(1)    The Masters Judicial Council is established to adjudicate charges that are laid against masters under subsection 11.23(4).

Composition

11.24(2)    The council shall be composed of the following six members:

(a) three persons, each of whom is a judge of the court, as designated by the Chief Justice;

(b) the President of The Law Society of Manitoba, or another member of the Law Society designated by the President;

(c) two persons who are not lawyers, judges or retired judges, masters or retired masters, appointed by the Lieutenant Governor in Council on the recommendation of the Minister of Justice.

Ineligible persons

11.24(3)    The following persons are not eligible to be members of the council:

(a) a judge designated by the Chief Justice under subsection 11.18(4) with respect to the complaint in question;

(b) a member of the board;

(c) an employee in the civil service as defined in The Civil Service Act.

Member continues

11.24(4)    A member of the council under clause (2)(a) or (b) holds office until the council completes all matters with respect to a particular charge or set of charges against a master.

Term of office

11.24(5)    A member of the council appointed under clause (2)(c) shall hold office for a three-year term and may be reappointed for one further three-year term.

Appointment of successor

11.24(6)    A member of the council appointed under clause (2)(c) continues to hold office after the expiry of his or her term until the member is reappointed or a successor is appointed.

Judicial member to be chairperson

11.24(7)    The members of the council shall choose a member designated under clause (2)(a) to be the chairperson of the council.

Chairperson may vote

11.24(8)    The chairperson is entitled to vote, and may cast a second deciding vote if there is a tie.

Quorum

11.24(9)    Six members of the council constitute a quorum and a decision of the council may be made by a majority of the votes cast.

Applicable provisions

11.24(10)   The following provisions of The Provincial Court Act apply, with necessary modifications, to the Masters Judicial Council:

(a) subsection 37(12) (participation by phone);

(b) subsection 37(13) (engagement of counsel);

(c) subsection 37(14) (powers and protection under Evidence Act);

(d) subsection 37(15) (remuneration and expenses).

S.M. 1999, c. 34, s. 3.

ADJUDICATION BY MASTERS JUDICIAL COUNCIL

Adjudication by council

11.25(1)    When a charge against a master is laid before the council under subsection 11.23(4), the council shall hold a hearing to adjudicate the charge in accordance with this Part.

Convening council

11.25(2)    On receiving a copy of the charge, the administrator shall

(a) ensure that the Chief Justice is promptly notified that the council is being convened; and

(b) promptly notify all members of the council that the council is being convened.

Applicable provisions

11.25(3)    The following provisions of The Provincial Court Act apply, with necessary modifications, to an adjudication of a charge against a master by the Masters Judicial Council in the same manner as those provisions apply to an adjudication of a charge against a provincial court judge by the Judicial Council:

(a) subsections 39(3) to (11) (hearing);

(b) section 39.1 (dispositions);

(c) section 39.2 (costs);

(d) section 39.3 (reasons for decision);

(e) section 39.4 (retirement or removal);

(f) section 39.5 (costs if resigns or retires);

and in those provisions

(g) a reference to a judge shall be read as a reference to a master;

(h) a reference to the council shall be read as a reference to the Masters Judicial Council; and

(i) a reference to the Chief Judge shall be read as a reference to the Chief Justice.

S.M. 1999, c. 34, s. 3.

Appeal to Court of Appeal

11.26(1)    The master against whom a decision was made or the board may, on a question of law, appeal to The Court of Appeal a decision of the council under the following provisions:

(a)  clause 11.25(3)(b) (dispositions by council);

(b) clause 11.25(3)(c) (costs);

(c) clause 11.25(3)(f) (costs if resigns or retires).

Applicable provisions

11.26(2)    Subsections 39.6(2) and (3) of The Provincial Court Act apply to an appeal to The Court of Appeal, with necessary modifications, and

(a) a reference to a judge shall be read as a reference to a master; and

(b) a reference to the council shall be read as a reference to the Masters Judicial Council.

S.M. 1999, c. 34, s. 3.

COMPLAINTS ABOUT SENIOR MASTER

Suspension of senior master during investigation

11.27(1)    If the board lays a charge against the senior master before the council, the Chief Justice may, in addition to exercising the powers referred to in clause 11.23(5)(d) (reassignment or suspension), suspend the senior master as senior master

(a) with pay; or

(b) without pay, if in the opinion of the Chief Justice, the alleged misconduct may amount to conduct prejudicial to the administration of justice that brings the judicial office into disrepute;

until the council makes a decision with respect to the charge.

Appeal of suspension

11.27(2)    If the senior master is suspended under clause (1)(b), he or she may appeal the suspension to The Court of Appeal, and clauses 11.23(5)(f) and (g) apply, with necessary modifications.

Suspension of senior master after hearing

11.27(3)    In addition to making a disposition referred to in clause 11.25(3)(b) or (c) with respect to the senior master as senior master, the council may also

(a) suspend the senior master as senior master with pay for any period, or without pay for a period up to 30 days; and

(b) recommend to the Minister of Justice that the appointment of the senior master as senior master be revoked and, in that case, suspend the senior master until his or her appointment as senior master is revoked under subsection (4).

Revocation of appointment as senior master

11.27(4)    If the council makes a decision under clause (3)(b) and an appeal from the suspension has been dismissed, or the time allowed for an appeal has expired, the Lieutenant Governor in Council shall revoke the appointment of the senior master as senior master.

S.M. 1999, c. 34, s. 3.

DIVISION 5

MISCELLANEOUS MATTERS

Administrator

11.28(1)    The Minister of Justice may appoint a civil servant as administrator for the purpose of performing the duties of the administrator under this Part, including

(a) providing administrative services for the Masters Nominating Committee;

(b) providing administrative services relating to the complaint process as set out in this Part, as the Chief Justice, his or her designate, the board or the council may require;

(c) providing information to the public about the complaint process; and

(d) receiving and giving notices and other documents on behalf of the Chief Justice or his or her designate under this Part.

Administrator also for Judicial Council

11.28(2)    The administrator appointed under subsection (1) may be the administrator referred to in section 38 of The Provincial Court Act.

S.M. 1999, c. 34, s. 3.

Information to public

11.29       Section 39.8 of The Provincial Court Act applies, with necessary modifications, with respect to a complaint about a master.

S.M. 1999, c. 34, s. 3.

Annual report by Chief Justice, board and council

11.30        The Chief Justice, the board and the Masters Judicial Council shall each report annually to the Minister of Justice with respect to complaints about masters, and section 39.9 of The Provincial Court Act applies, with necessary modifications, with respect to these reports.

S.M. 1999, c. 34, s. 3.

Giving notice

11.31       Section 39.10 of The Provincial Court Act applies, with necessary modifications, with respect to giving notices or other documents under this Part.

S.M. 1999, c. 34, s. 3.

PART IV.1

OTHER OFFICERS OF THE COURT

Appointment of registrars

12(1)       The Lieutenant Governor in Council may appoint one or more registrars and one or more deputy registrars.

Powers and duties of registrars

12(2)       A registrar has powers and duties as provided by statute or the rules.

Powers of deputy registrar

12(3)       A deputy registrar has the powers of a registrar.

S.M. 1989-90, c. 90, s. 6.

Assessment officer and official examiner

13(1)       A master may act as an assessment officer or an official examiner.

Additional officers and examiners

13(2)       The Lieutenant Governor in Council may appoint a person who is not a master to act as an assessment officer or as an official examiner.

Powers and duties

13(3)       An assessment officer or an official examiner has the powers and duties provided by statute or the rules.

GENERAL PROVISIONS

General powers

14          A master, registrar, deputy registrar, assessment officer or official examiner, when exercising the powers and discharging the duties provided by statute or by the rules,

(a) is an officer of the court; and

(b) may administer an oath or an affirmation and may examine a party or a witness.

Exemption from liability

15          Where an officer of the court, in exercising the powers and performing the duties of the officer, acts in good faith, an action shall not be brought against the officer with respect to an act of the officer unless the act is malicious and is done without reasonable grounds.

Sheriffs, peace officers, etc.

16          A sheriff, correctional officer or a peace officer shall assist and obey the court in the exercise of its jurisdiction.

PART V

ADMINISTRATIVE AND JUDICIAL CENTRES

Establishment of centres

17(1)       The Lieutenant Governor in Council may, upon recommendation of the Minister of Justice after consultation with the Chief Justice of the Court of Queen's Bench, by order,

(a) designate a city, town or village within Manitoba as an administrative centre of the court;

(b) designate an administrative centre as a judicial centre of the court where regular sittings of the court may be held for

(i) hearings of applications,

(ii) trials of a civil action conducted with a jury,

(iii) trials of a civil action conducted without a jury,

(iv) trials of a criminal action conducted with a jury,

(v) trials of a criminal action conducted without a jury, or

(vi) hearings or trials under two or more of subclauses (i) to (v).

Designation of court services

17(2)       Where an administrative centre is established under clause 17(1)(a), the Lieutenant Governor in Council shall establish an administrative office for the court  at the centre and may determine the court services that are provided at the centre.

S.M. 1989-90, c. 90, s. 6; S.M. 1993, c. 48, s. 52; S.M. 2008, c. 42, s. 16.

Transfer on Change of Centre

18(1)       Where a city, town or village

(a) ceases to be a judicial centre; or

(b) is designated as a judicial centre,

the Chief Justice may, by order, direct that a proceeding or a class of proceedings be transferred to and continued in a judicial centre named in the order.

Deemed transfer

18(2)       Where an order is made under subsection (1), a proceeding to which the order relates is, upon the making of the order, a proceeding in the centre to which the proceeding is transferred.

Transfer of documents on change

18(3)       Where a city, town or village ceases to be an administrative centre, the Chief Justice shall

(a) direct the transfer of the papers, documents and records of the court to a successor administrative centre; and

(b) take such other administrative action as is necessary in the circumstances.

PART VI

COURT ADMINISTRATION

Minister of Justice supervises

19          The Minister of Justice shall supervise all matters connected with the provision and management of court services.

S.M. 1993, c. 48, s. 52.

Court staff under Chief Justice

20(1)       In matters that are assigned by law to the judiciary, a master, registrar, court clerk, court reporter, interpreter or other court staff person shall act under the direction of the Chief Justice.

Court staff under presiding judge

20(2)       Where a court staff person is assigned to a hearing, the person shall act under the direction of the presiding judge while the hearing is in session.

Stand-by court staff

20(3)       A court staff person shall, upon assignment to stand-by duty, act under the direction of the judge who presides, or is scheduled to preside, at a hearing.

Court offices open to public

21          The offices of the court at each administrative centre shall be open to the public on such days and during such hours as the Lieutenant Governor in Council directs.

The court seal

22(1)       A court seal, which shall be approved by the Lieutenant Governor in Council, shall be kept in the custody of the registrar or the deputy registrar at the administrative offices of the court in each administrative centre.

Seal on documents issued

22(2)       A document issued by the court in a civil proceeding shall bear the seal.

Effect of the seal

22(3)       A document bearing the seal of the court is sufficient proof of the authenticity of the document.

Prisons of the court

23          A correctional institution in Manitoba is a prison of the court.

PART VII

JUDICIAL ADMINISTRATION

Duties of the Chief Justice

24(1)       The Chief Justice shall be responsible for the judicial functions of the court, including direction over sittings of the court and the assignment of judicial duties, and may assign to the judges of the court other duties relating to the administration of justice or for the purposes of an Act of the Legislature.

Duties of Associate Chief Justices

24(2)       The Associate Chief Justice of the Court of Queen's Bench and the Associate Chief Justice of the Court of Queen's Bench (Family Division) shall carry out administrative duties assigned to them by the Chief Justice.

S.M. 1991-92, c. 41, s. 7; S.M. 2008, c. 42, s. 16.

Absence of Chief Justice

25          Where the Chief Justice is absent or unable to act, the powers and duties of the Chief Justice shall devolve in the following order:

(a) the Associate Chief Justice of the Court of Queen's Bench;

(b) the Associate Chief Justice of the Court of Queen's Bench (Family Division);

(c) a judge of the Court of Queen's Bench designated by the Chief Justice;

(d) the senior judge of the Court of Queen's Bench.

S.M. 2008, c. 42, s. 16.

Additional judges, family division

26          The Chief Justice may designate a judge, other than a judge holdng office under subclause 5(1)(d)(ii), to act as a judge of the family division for such period as the business of the family division may require.

Duties of family division judges

27(1)       Subject to subsection (2), a judge of the family division shall sit full time in the family division.

Assignment to other duties

27(2)       The Chief Justice may, from time to time, assign a judge of the family division to judicial responsibilities outside the family division.

Sittings outside judicial centres

28(1)       Sittings of the court may be held at places other than a court house and other than a judicial centre upon designation by the Chief Justice.

Judge may change place of hearing

28(2)       A presiding judge may, where the circumstances warrant, direct that all or part of a hearing be held at a place in the province other than a place designated under subsection (1).

Judge not available at hearing

28(3)       Where, for any reason, a judge is not available at the appointed time for a hearing, the hearing may be adjourned by a registrar.

One judge to preside at a hearing

29          A judge alone shall preside at a hearing unless otherwise provided by statute.

Persona designata abolished

30          Where an adjudicative jurisdiction is assigned by statute to a judge or officer of the court, the jurisdiction is given to the court.

Post-retirement or resignation

31(1)       A judge may, within 90 days of the date of retirement, resignation or appointment to another court, render judgment in a hearing at which the judge presided.

Motion for rehearing

31(2)        Where a judge commences a hearing and

(a) dies or for any other reason fails to complete the hearing or, after completion, to render judgment; or

(b) does not render judgment in accordance with subsection (1);

a party may make a motion to the Chief Justice for an order that the matter be reheard.

Costs of hearing and rehearing order

31(3)       Where an order is made under subsection (2), the Chief Justice may

(a) dispose of the costs of the hearing or refer the question of costs to the judge presiding at the rehearing;

(b) direct that a rehearing be conducted on the transcript of evidence taken at the hearing, subject to the discretion of the presiding judge at the rehearing to recall a witness or require further evidence.

PART VIII

JURISDICTION AND LAW

Jurisdiction of court

32          The court is and continues to be a court of record of original jurisdiction and possesses and may exercise all such powers and authorities as by the laws of England are incident to a superior court of record of civil and criminal jurisdiction in all civil and criminal matters and possesses and may exercise all the rights, incidents and privileges of those courts as fully to all intents and purposes as they were on July 15, 1870 possessed and exercised by any of the superior courts of common law at Westminster, the Court of Chancery at Lincoln's Inn, the Court of Probate or by any other court in England having cognizance of property and civil rights and of crimes and offences.

Application of laws of England

33(1)       The court shall decide all matters relative to property and civil rights according to the laws of England as they existed on July 15, 1870, insofar as they can be made applicable to matters relating to property and civil rights in the Province, except as they may have been changed or altered by

(a) an Act of the Legislature or of the Parliament of Canada;

(b) an Act of the Parliament of the United Kingdom affecting the province and enacted before the coming into force of the Statute of Westminster, 1931; or

(c) a rule or order of the court.

Evidence, practice and procedure

33(2)       The taking of evidence and the practice and procedure in the court shall be regulated and governed by the rules of evidence and the modes of practice and procedure as they existed in England on July 15th, 1870, except as they may have been changed or altered by

(a) an Act of the Legislature or of the Parliament of Canada;

(b) an Act of the Parliament of the United Kingdom affecting the province and enacted before the coming into force of the Statute of Westminster, 1931; or

(c) a rule or order of the court.

Rules of law and equity

33(3)       The court shall administer concurrently all rules of equity and the common law.

Rules of equity to prevail

33(4)       Where a rule of equity conflicts with a rule of the common law, the rule of equity prevails.

S.M. 2012, c. 40, s. 15.

Declaratory orders

34          The court may make a binding declaration of right whether or not consequential relief is or could be claimed.

Relief against penalties

35          The court may grant relief against penalties and forfeitures on such terms as to compensation or otherwise as are considered just.

S.M. 2010, c. 33, s. 11.

Damages

36          The court may award damages in addition to, or in substitution for, an injunction or specific performance.

Vesting orders

37(1)       The court may by order vest in a person an interest in real or personal property that the court has authority to order to be disposed of, encumbered or conveyed.

Execution by order of the court

37(2)       The court may, on such terms and conditions as may be just, order or nominate a person to execute a document or endorse a negotiable instrument and the execution or endorsement by the person has the same force and effect as if executed or endorsed by a person originally entitled to do so.

Stay of proceedings

38          The court, on its own initiative or on motion by a person, whether or not a party, may stay a proceeding on such terms as are considered just.

Relief against acceleration

39(1)       Where

(a) a failure to pay money due and payable on a date prescribed in a mortgage or an agreement relating to the sale of land causes an additional amount that is payable at a later date to become immediately due and payable;

(b) a proceeding claiming the full amount payable under the mortgage or agreement under clause (a) is initiated;

(c) the defendant pays into court

(i) the amount originally due and payable under the mortgage or agreement under clause (a),

(ii) the costs of the proceeding under clause (b), and

(iii) an amount which the court deems sufficient to cover damages resulting from the failure to make payment on the prescribed date and to perform other acts required under the mortgage or agreement under clause (a); and

(d) the defendant performs all other acts required under the mortgage or agreement under clause (a);

the court may, on motion,

(e) before judgment, dismiss the proceeding under clause (b); or

(f) after judgment but before sale or recovery of possession of land or final foreclosure of the equity of redemption or final determination of the mortgage or the agreement, stay the proceeding under clause (b).

Subsection (1) overrides agreement

39(2)       A motion under subsection (1) may be made notwithstanding a provision to the contrary contained in a mortgage or an agreement relating to the sale of land.

Fresh default

39(3)       Where a proceeding is stayed under subsection (1) and a fresh default occurs under the mortgage or the agreement relating to the sale of land, the court shall, on motion, remove the stay.

S.M. 2010, c. 33, s. 11.

Laws of Assiniboia

40          Nothing herein affects civil rights lawfully acquired or existing under the laws of Assiniboia on July 15, 1870.

PART IX

JURISDICTION OF FAMILY DIVISION

Definitions

41          In this Part,

"designated mediator" means a person appointed as a designated mediator by the Minister of Justice and includes a person appointed as a mediator by the Minister of Justice; (« médiateur désigné »)

"family evaluator" means a person appointed as a family evaluator by the Minister of Justice; (« enquêteur familial »)

"family proceeding" means a civil proceeding for the determination or variation of

(a) the family status of the parties,

(b) the custody, access or guardianship of the person of an infant,

(c) the obligation to provide support or the entitlement to division of property, as between spouses, former spouses or persons who are cohabiting, or have cohabited, in a conjugal relationship, or

(d) the obligation to provide support as between a parent and a child of the parent,

or a similar or ancillary proceeding, whether based on statute law, common law or the inherent jurisdiction of the court, other than a proceeding by way of summary conviction, and includes a proceeding under or in respect of

(d.1) The Adoption Act,

(e) The Child and Family Services Act,

(f) subsection 2(4) or 6(1) of The Change of Name Act,

(g) The Homesteads Act,

(h) The Family Maintenance Act,

(i) [repealed] S.M. 2001, c. 43, s. 5,

(j) The Law of Property Act for a partition or sale of land as between spouses, former spouses, common-law partners as defined in that Act or former common-law partners,

(k) section 7 of The Married Women's Property Act,

(l) The Family Property Act,

(m) an agreement respecting a separation, common-law relationship, marital property or family property,

(n) The Marriage Act for consent to an intended marriage of a minor,

(o) The Inter-jurisdictional Support Orders Act;

(p) The Parents' Maintenance Act,

(q) The Child Custody Enforcement Act,

(r) the Divorce Act (Canada),

(r.1) the Civil Marriage Act (Canada),

(s) The Divorce and Matrimonial Causes Act, 1857,

(t) subsection 155(4) of The Insurance Act, where application is made by or on behalf of the spouse, former spouse, common-law partner as defined in that Act or child of the insured,

(u) sections 12.1 and 13 to 14.3 of The Garnishment Act,

(v) The Domestic Violence and Stalking Act, other than

(i) an action under section 26 (tort of stalking) of that Act, or

(ii) a proceeding involving a subject and a respondent who are not persons referred to in subsection 2(1) of that Act. (« instance en matière familiale »)

S.M. 1992, c. 46, s. 53; S.M. 1993, c. 48, s. 52; S.M. 1995, c. 3, s. 1; S.M. 1998, c. 41, s. 28; S.M. 1999, c. 18, s. 9; S.M. 2000, c. 27, s. 2; S.M. 2001, c. 33, s. 45; S.M. 2001, c. 37, s. 2; S.M. 2001, c. 43, s. 5; S.M. 2002, c. 48, s. 3; S.M. 2004, c. 13, s. 15; S.M. 2004, c. 14, s. 17; S.M. 2008, c. 42, s. 16; S.M. 2014, c. 32, s. 6.

Territorial jurisdiction

42          The Lieutenant Governor in Council may make regulations designating

(a) an area of the province within which the family division has exclusive jurisdiction in family proceedings; and

(b) an area of the province within which the family division has concurrent jurisdiction in family proceedings with the Provincial Court of Manitoba (Family Division).

Exclusive jurisdiction

43(1)       Notwithstanding a provision of an Act of the Legislature to the contrary, a family proceeding within an area designated under clause 42(a) shall be brought in the family division.

Concurrent jurisdiction

43(2)       Notwithstanding a provision of an Act of the Legislature to the contrary, a family proceeding within the area designated under clause 42(b) may be brought in the family division.

No duplication of proceedings

44          Nothing in this Part prevents a judge from directing that a family proceeding be consolidated or heard together with a proceeding that is not a family proceeding and a judge of the court or of the family division before whom the two proceedings are brought for hearing has full power to hear and determine the proceedings and to determine all matters in dispute.

Transitional

45          A family proceeding that, prior to a designation under clause 42(a) or 42(b), is properly commenced may continue as if the designation is not made.

Clause 42(a) area to family division

46(1)       A family proceeding that is commenced within an area designated under clause 42(a) and that is brought in the Provincial Court of Manitoba (Family Division) shall, on the request of a party, be transferred to the family division and an order made in the proceeding, before the proceeding is transferred, may be enforced, varied, discharged or otherwise dealt with by the family division.

Clause 42(b) area to family division

46(2)       A family proceeding that is commenced within an area designated under clause 42(b) and that is brought in the Provincial Court of Manitoba (Family Division), including one that is commenced prior to the designation, may, on application to the family division, be transferred to the family division and an order made in the proceeding, before the proceeding is transferred, may be enforced, varied, discharged or otherwise dealt with by the family division.

Clause 42(b) area to provincial court

46(3)       A family proceeding that is commenced within an area designated under clause 42(b) and that is brought in the family division and within the jurisdiction of the Provincial Court of Manitoba (Family Division) may, on motion to the family division, be transferred to the Provincial Court of Manitoba (Family Division) and an order made in the proceeding, before the proceeding is transferred, may be enforced, varied, discharged or otherwise dealt with by the Provincial Court of Manitoba (Family Division).

Referral to designated mediator

47(1)       Where a judge or master is of the opinion that an effort should be made to resolve an issue otherwise than at a formal trial, the judge or master may, at any stage of the proceeding, refer the issue to a designated mediator.

Action by designated mediator

47(2)       A designated mediator to whom an issue is referred under subsection (1) shall attempt to resolve the issue.

S.M. 2000, c. 27, s. 3.

Mediation by designated mediator

48(1)       Subject to subsection (3), unless the parties otherwise agree, neither

(a) a designated mediator who renders services

(i) under section 47 of this Act or section 20.2 of The Provincial Court Act, or

(ii) at the request of the parties; nor

(b) a party to the mediation;

is competent or compellable to give evidence in a family proceeding in respect of

(c) a written or oral statement made by a party during the mediation; or

(d) knowledge or information acquired during the mediation by a person referred to in clause (a) or (b).

Mediation by private practising mediator

48(2)       Subject to subsection (3), unless the parties otherwise agree, where the parties have agreed in writing that the mediation process will be confidential, neither

(a) a private practising mediator who renders mediation services to parties; nor

(b) a party to the mediation;

is competent or compellable to give evidence in a family proceeding in respect of

(c) a written or oral statement made by a party during the mediation; or

(d) knowledge or information acquired during the mediation by a person referred to in clause (a) or (b).

Exception

48(3)       Subsections (1) and (2) do not apply with respect to a proceeding under Part III (Child Protection) of The Child and Family Services Act.

S.M. 2000, c. 27, s. 4; S.M. 2008, c. 6, s. 3.

Family evaluator

49(1)       Where a judge or master is of the opinion that a report of a family evaluator is required at a hearing with respect to custody, access or a related family matter, the judge or master may by order appoint a family evaluator.

Duty of family evaluator

49(2)       A family evaluator appointed under subsection (1) shall interview the parties and such other persons as may be appropriate and shall provide to the court a report containing information and opinion relevant to custody, access or a related family matter that is in issue in the proceeding.

Refusal to co-operate

49(3)       Where a court appoints a family evaluator under subsection (1) and a party refuses to co-operate with him or her, the family evaluator shall report the refusal to the court.  The court may draw any inference from the refusal it considers appropriate.

S.M. 2010, c. 28, s. 28.

Family evaluator may be witness

50          Where a report is submitted to the court by a family evaluator appointed under section 49, the family evaluator may be called as a witness and may be cross-examined by all parties.

No limitation on recovery of support

51          Subject to section 54, there is no limitation as to time for the recovery of a support payment that is in default under an order.

Death of judgment debtor

52          Where a judgment debtor under an order requiring support payments dies and at the time of death the payments are in default, the amount in default is, subject to section 54, a debt of the estate of the judgment debtor and is recoverable as a debt of the estate.

Death of support recipient

53          Where under an order support payments are payable to a person and the person dies, the personal representative of the deceased may, subject to section 54, recover the support payments that are in default at the time of the death.

Cancellation of support payments

54          Where support payments payable under an order are in default, a judge may, on application, relieve the judgment debtor, or the estate of the judgment debtor, of the obligation to pay the whole or part of the amount in default if the judge is satisfied that

(a) having regard to the interests of the judgment debtor or the estate of the judgment debtor, as the case may be, it would be grossly unfair and inequitable not to do so; and

(b) having regard to the interests of the judgment creditor or the estate of the judgment creditor, as the case may be, it is fair and equitable to do so.

PART X

INTERLOCUTORY PROCEEDINGS

Injunctions and receivers

55(1)       The court may grant a restrictive or mandatory interlocutory injunction or may appoint a receiver or receiver and manager by an interlocutory order where it appears to the judge to be just or convenient to do so.

Terms on injunction or appointment

55(2)       An order under subsection (1) may include such terms as are considered just.

No injunction re personal services

56(1)       The court shall not grant an injunction which requires a person to work or perform personal services for an employer.

No contempt re personal services

56(2)       No person shall be held in contempt of court by reason only of a refusal, neglect or failure of the person to work or perform personal services for an employer.

No injunction re freedom of speech

57(1)       Subject to subsection (3), the court shall not grant an injunction that restrains a person from exercising the right to freedom of speech.

"Exercise right to freedom of speech"

57(2)       For the purposes of this section, the communication by a person on a public thoroughfare of information by true statements, either orally or through printed material or through any other means, is an exercise of the right to freedom of speech.

Exceptions

57(3)       Nothing in this section affects

(a) enforcement by criminal or quasi criminal proceedings of an Act of Parliament or of the Legislature or of a by-law of a municipality respecting

(i) the use of public thoroughfares,

(ii) the protection of public property,

(iii) the general conduct of persons in public places, or

(iv) restrictions on or prohibitions against the making of certain statements or statements of certain types; or

(b) enforcement by a civil proceeding

(i) of an Act of Parliament or of the Legislature respecting restrictions on or prohibitions against certain statements or statements of certain types, or

(ii) of the law respecting defamation.

"Public thoroughfare"

57(4)       In this section, "public thoroughfare" includes a walk, driveway, roadway, square and parking area provided outdoors at the site of and in conjunction with a business or undertaking and to which the public is usually admitted without fee or charge and whether or not the walk, driveway, roadway, square or parking area is owned by the person carrying on the business or undertaking or is publicly owned.

Pending litigation order

58(1)       The commencement of a proceeding that involves an interest in land is not notice of the proceeding to a person who is not a party until a pending litigation order made by the court is registered in the land titles office of the land titles district in which the land is situated.

Registration in Land Titles Office

58(2)       A pending litigation order under subsection (1) may be registered in a land titles office and upon registration constitutes a lien and charge on the land against which it is registered.

Exception

58(3)       Subsections (1) and (2) do not apply to a proceeding for foreclosure or sale on a registered mortgage.

Liability where no reasonable claim

58(4)       A party who registers a pending litigation order under subsection (2) without a reasonable claim to an interest in land is liable for damages sustained by a person as a result of the registration.

Recovery of damages

58(5)       Liability for damages under subsection (4) and the amount of the damages may be determined in the proceeding in respect of which the order is made.

Pending litigation order discharge

58(6)       When the registration of a pending litigation order in a land titles office is discharged, any person may deal with the land as fully as if the pending litigation order had not been made.

S.M. 1989-90, c. 90, s. 6.

Recovery of personal property

59(1)       Where, in an action in which the recovery of possession of personal property is claimed, it is alleged that the property,

(a) was unlawfully taken from the plaintiff; or

(b) is unlawfully detained by the defendant,

the court may, on motion, make an interim order for recovery of possession of the property.

Damages if order set aside

59(2)       A person who obtains possession of personal property by obtaining or setting aside an interim order under subsection (1) is liable for damages, if any, that, as a result of obtaining or setting aside the interim order, are suffered by the person who is found entitled to possession of the property.

Recovery of damages

59(3)       Liability for damages under subsection (2) and the amount of the damages may be determined in the proceeding in which the interim order under subsection (1) is made.

Forcible entry of dwelling by sheriff

59(4)       Where property is recoverable under an interim order made under subsection (1) and there are reasonable grounds to believe that the property is secured or concealed in a dwelling house, building or other enclosure of the defendant or of a person holding the property for the defendant, the sheriff may, at the door of the dwelling house, building, or enclosure, publicly demand delivery of the property and if the property is not delivered as demanded, the sheriff may enter the dwelling house, building or enclosure and, if necessary, may break open the dwelling house, building or enclosure for the purpose of recovering the property.

Search of person and premises by sheriff

59(5)       Where property is recoverable under an interim order made under subsection (1) and there are reasonable grounds to believe that the property is concealed on the person or premises of the defendant or other person holding the property for the defendant, the sheriff may demand delivery of the property from the defendant or other person and if delivery is neglected or refused, the sheriff may search and examine the person or premises of the defendant or other person for the purpose of recovering the property.

Property not recoverable

59(6)       Property in the possession of a sheriff or other officer of the court is not recoverable under this section.

S.M. 1989-90, c. 90, s. 6.

Attachment before judgment

60(1)       Where, in an action in which the payment of money is claimed, it is alleged that the defendant,

(a) resides outside Manitoba, or is a corporation that is not registered under The Corporations Act;

(b) hides or absconds within Manitoba with the intent to avoid service of a document;

(c) is about to leave or has left Manitoba with the intent to

(i) change residence,

(ii) defraud a creditor, or

(iii) avoid service of a document;

(d) is about to permanently remove or has permanently removed property out of Manitoba; or

(e) has concealed, removed, assigned, transferred, conveyed, converted or otherwise disposed of property with an intent to delay, defeat or defraud a creditor or is about to do so;

the court may, on motion, make an order for the attachment before judgment of real or personal property in which the defendant has an interest.

Attachment of personal property

60(2)       Subsection 5(1) and sections 8 to 9.1 of The Executions Act apply, with such modifications as the circumstances require, to an order under subsection (1) attaching personal property.

Attachment of land

60(3)       An order under subsection (1) attaching real property may be registered in a land titles office under subsection 75(7) of The Real Property Act and upon registration constitutes a lien and charge on the real property against which it is registered.

Discharge of attaching order

60(4)       Where the registration of an attaching order in a land titles office is discharged, a person may deal with the land as if the attaching order had never been registered.

S.M. 2008, c. 14, s. 136.

Garnishment before judgment

61          In an action in which the plaintiff claims the payment of a debt or liquidated demand, the court may, on motion and in accordance with The Garnishment Act, order garnishment before judgment of a debt due and payable by a third party to a defendant.

Liability if no judgment obtained

62(1)       A party who

(a) obtains an attaching order under subsection 60(1);

(b) registers an attaching order in a land titles office under subsection 60(3); or

(c) obtains an order under section 61;

and who fails to obtain judgment against the defendant named in the order or obtains judgment for an amount less than the amount claimed, may be held liable for the damages, if any, that result from enforcement of the order.

Recovery of damages

62(2)       Liability for damages under subsection (1) and the amount of the damages may be determined in the proceeding in respect of which the order is made.

"Health care practitioner"

63(1)       In this section, "health care practitioner" means a person licensed, certified or registered to practise in the health sciences field whether in Manitoba or elsewhere.

Physical or mental examination

63(2)       Where the physical or mental condition of a party is in question, the court, on motion, may order the party to undergo a physical or mental examination by one or more health care practitioners.

No examination without grounds

63(3)       An order shall not be made under subsection (2) unless the allegation is relevant to a material issue in the proceeding and there is good reason to believe there is substance to the allegation.

Further examinations

63(4)       The court may, on motion, order a physical or mental examination under this section in addition to the initial examination ordered under subsection (2).

Examiner may ask questions

63(5)       Where an order is made under this section, the party to be examined shall answer the questions of the examining health care practitioner relevant to the examination and the answers given are admissable in evidence.

Examination of a child

63(6)       In a family proceeding as defined in section 41, a judge may, without motion, order a child to undergo a physical or mental examination by one or more health care practitioners.

S.M. 2009, c. 15, s. 230.

PART XI

PROCEDURAL MATTERS

Actions tried with a jury

64(1)       An action for defamation, malicious arrest, malicious prosecution or false imprisonment shall be tried with a jury, unless the parties waive trial with a jury.

Actions tried without jury

64(2)       Subject to subsection (1), an action shall be tried and damages shall be determined by a judge without a jury, unless otherwise ordered by a judge.

Verdicts or questions

64(3)       Where a proceeding is tried with a jury,

(a) the judge may require the jury to give a general verdict or to answer specific questions, subject to The Defamation Act; and

(b) judgment may be entered in accordance with the general verdict or the answers to the questions.

Malicious prosecution

64(4)       In an action for malicious prosecution, the judge shall determine whether or not there has been a reasonable and probable cause for instituting the prosecution.

Set-off by defendant

65(1)       In an action for the payment of a debt, the defendant may, by way of defence, claim the right to set-off against the claim of the plaintiff a debt owed by the plaintiff to the defendant.

Mutual debts of different nature

65(2)       Mutual debts may be set off against each other, even if they are of a different nature.

Judgment for defendant

65(3)       Where a set off is claimed in an action by a defendant and a larger sum is found due from the plaintiff to the defendant than is found due from the defendant to the plaintiff, the defendant is entitled to judgment for the balance.

S.M. 1991-92, c. 41, s. 7.

Agreement re third party claim

66          Rules of court permitting a defendant to make a third party claim or cross claim apply notwithstanding an agreement between the defendant and the third party that no action may be brought until after judgment is obtained against the defendant.

Security

67          Where a person is required to give security in respect of a proceeding, a contract of guarantee insurance for the appropriate amount within the meaning of The Insurance Act is sufficient, unless the court orders otherwise.

Personal representative accounting

68(1)       Where an action for an accounting lies against a person and the person dies, the action may be brought against the personal representative of the person.

Co-tenant accounting

68(2)       An action for an accounting may be brought by a joint tenant or tenant-in-common, or by the personal representative of a joint tenant or tenant-in-common, against a co-tenant or personal representative of a co-tenant.

Proceedings in wrong forum

69(1)       There is no loss of jurisdiction where a proceeding or a step in a proceeding is commenced or taken in a judicial centre or a division of the court or before a judge or officer of the court other than as provided under this Act or the rules.

Transfer of errant proceeding

69(2)        A proceeding referred to in subsection (1) may be adjourned and, if necessary, transferred to another judicial centre or division of the court and, upon transfer, shall be titled in the centre or division to which it is transferred.

Commission evidence

70          Upon application, without notice, by

(a) a board, commission or tribunal that under an Act of the Legislature has authority to take evidence; or

(b) a commissioner appointed under Part V of The Manitoba Evidence Act,

the court may order the examination of, and the production of documents by, a person who resides outside Manitoba in the same manner and extent as if the applicant was a party to a proceeding in the court.

Service of process on Sunday

71          Service of process is not invalid by reason only that it is served on a Sunday or other holiday.

Bond and recognizance enforcement

72(1)       By leave of a judge on a motion by the Minister of Justice or other person entitled to enforcement, a bond or recognizance arising out of a civil proceeding may be enforced in the same manner as an order for the payment of money.

Enforcement of fines for contempt

72(2)       A fine for contempt of court may be enforced by the Minister of Justice in the same manner as an order for the payment of money or in any other manner permitted by law.

S.M. 1993, c. 48, s. 52.

Foreign money obligations

72.1(1)     When a person obtains an order to enforce an obligation in a foreign currency, the order must require payment of an amount in Canadian currency sufficient to purchase the amount of the obligation in the foreign currency at the close of business on

(a) the last day, before the day on which a payment under the order is made by the debtor to the creditor, that a bank in Manitoba quotes a Canadian dollar equivalent to the foreign currency; or

(b) any other day the court orders, if the court, on request, is satisfied that the day determined under clause (a) would be inequitable to any party.

If manner of conversion provided in obligation

72.1(2)     Despite subsection (1), if the obligation being enforced by an order referred to in that subsection provides for a manner of conversion to Canadian currency of an amount in a foreign currency, the court must give effect to the manner of conversion in the obligation.

Statement of obligation in Canadian currency

72.1(3)     A person who files a document in the court to enforce an order referred to in subsection (1) must also file a statement showing the amount in Canadian currency sufficient to purchase the amount of the obligation in the foreign currency

(a) from a bank in Manitoba at the close of business on the day ordered by the court, in the circumstances described in clause (1)(b);

(b) determined in accordance with the manner of conversion in the obligation, in the circumstances described in subsection (2); or

(c) in all other circumstances, at the close of business on the last day before the day of filing that a bank in Manitoba quotes a Canadian dollar equivalent to the foreign currency.

Amount in Canadian currency

72.1(4)     The amount shown in the statement filed under subsection (3) is deemed to be the amount payable under the order.

Orders and proceedings that are exempt

72.1(5)     This section does not apply to

(a) an order in a family proceeding, as defined in section 41, that determines or varies the obligation to provide support as between

(i) spouses, former spouses or persons who are cohabiting, or have cohabited, in a conjugal relationship, or

(ii) a parent and a child of the parent;

(b) an extra-provincial garnishing order under section 12.1 of The Garnishment Act;

(c) a judgment sought to be registered under The Reciprocal Enforcement of Judgments Act; or

(d) a foreign order sought to be registered under The Inter-jurisdictional Support Orders Act.

S.M. 2005, c. 33, s. 10.

PART XII

VEXATIOUS PROCEEDINGS

Application for order

73(1)       Where a judge 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 may order that

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

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

except with leave of a judge.

Consent of the Attorney General

73(2)       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

74(1)       Where a person governed by an order under subsection 73(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.

Leave to proceed or rescission

74(2)       For purposes of an application under subsection (1), where a judge 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 court may, by order,

(a) grant leave to proceed, or

(b) rescind the order made under subsection 73(1).

Attorney-General to be heard

74(3)       A person making 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

74(4)       No appeal lies from a refusal to make an order under subsection (2).

Abuse of process

75          Nothing in this Part limits the authority of the court to stay or dismiss a proceeding as an abuse of process or on any other ground.

PART XIII

PUBLIC ACCESS

Hearings open to public

76(1)       Subject to subsection (2) or unless otherwise provided by statute or the rules, a hearing held by the court or a judge is open to the public.

Exception

76(2)       The court may by order exclude the public from a hearing where the possibility of serious harm or injustice to a person justifies a departure from the general principle that hearings of the court are open to the public.

Disclosure of what transpires

76(3)       Where the public is excluded from a hearing, disclosure of information relating to the hearing, including disclosure of what transpires in the hearing, is not contempt of court unless the court expressly prohibits such disclosure.

Sealing confidential documents

77(1)       The court may order that a document filed in a civil proceeding is confidential, is to be sealed and is not a part of the public record of the proceeding.

Documents public

77(2)       Upon payment of the prescribed fee, if any, a person may see

(a) a list of the proceedings in the court, or

(b) a document that is filed in a proceeding,

unless otherwise provided by statute, by the rules or by an order.

Copies

77(3)       Upon payment of the prescribed fee, if any, a person shall receive a copy of a document filed in a proceeding that is available for public inspection under subsection (2).

S.M. 2004, c. 42, s. 21.

PART XIV

INTEREST AND DISCOUNT RATES

Definitions

78          In this Part,

"bank rate" means the minimum rate at which the Bank of Canada makes short-term advances to the banks; (« taux d'escompte »)

"future damages" means damages to compensate for pecuniary losses to be incurred or expenditures to be made after an order is made in a proceeding; (« dommages-intérêts futurs »)

"order" means an order of the court for the payment of money or an order that money is owing, but does not include an order imposing a fine or penalty

(a) for an offence under an enactment of Canada or of Manitoba, or

(b) for contempt of a court or of an order of a court; (« ordonnance »)

"postjudgment rate" in respect of an order means the quarterly interest rate for the quarter in which the order is pronounced; (« taux postérieur au jugement »)

"prejudgment rate" in respect of an order means the quarterly interest rate for the quarter in which the relevant proceeding is commenced; (« taux antérieur au jugement »)

"principal sum" means the money amount of an order exclusive of interest awarded under this Act and a discount made in accordance with this Act and does not include

(a) special damages,

(b) non-pecuniary damages,

(c) future damages,

(d) exemplary or punitive damages,

(e) costs awarded in the proceeding, or

(f) a reduction in liability under section 38 of The Manitoba Public Insurance Corporation Act; (« capital »)

"quarter" means the three month period beginning January 1st, April 1st, July 1st or October 1st in a year; (« trimestre »)

"quarterly interest rate" in respect of a quarter means, subject to subsection 79(2), the bank rate at the end of the first day of the quarter, rounded off to the nearest .5%; (« taux d'intérêt trimestriel »)

"special damages" means expenses incurred or income lost before an order awarding the special damages is made. (« dommages-intérêts spéciaux »)

S.M. 1993, c. 19, s. 2; S.M. 2002, c. 47, s. 30.

Publication of quarterly rate

79(1)       After the first day of a quarter, the registrar shall forthwith

(a) determine the quarterly interest rate for prejudgment interest and for postjudgment interest for the quarter; and

(b) publish on a website maintained by or for the government or the court, a table showing the quarterly interest rates for prejudgment interest and for postjudgment interest for the quarter and for up to 39 of the most recent quarters.

Initial quarterly interest rate for prejudgment interest

79(2)       The quarterly interest rate for prejudgment interest for the quarter beginning July 1, 1986 and for all previous quarters is nine percent per annum.

S.M. 1993, c. 19, s. 3; S.M. 2013, c. 39, Sch. A, s. 45.

Prejudgment interest

80(1)       Subject to sections 81 and 82, an order shall include an award of interest at the prejudgment rate on the principal sum calculated,

(a) where the order is made on a liquidated claim, from the date the cause of action arose to the date the order is made; and

(b) where the order is made on an unliquidated claim, from the date the successful party gives written notice of the claim to the party liable for payment to the date the order is made.

Prejudgment interest, specials

80(2)       Where an order includes special damages, interest at the prejudgment rate shall be awarded on

(a) the amount of special damages incurred in each six month period following the date of notice under clause (1)(b); less

(b) an amount by which the liability of the unsuccessful party is reduced pursuant to section 38 of The Manitoba Public Insurance Corporation Act in respect of the six month period described in clause (a),

calculated from the first day of each six month period to the date the order is made.

Non-pecuniary damages

80(3)       The court shall not make an award of interest on non-pecuniary damages but in determining the amount of the non-pecuniary damages, a judge shall make allowance for the loss of opportunity for the successful party to invest the amount of the damages.

Relevant circumstances

80(4)       For purposes of subsection (3), a judge shall have regard to such considerations as the judge considers relevant, including the prejudgment rate from the date of the notice under clause (1)(b) to the date of the order awarding the damages.

Discretion of the court

81(1)       Where a judge considers it just to do so, the judge may

(a) disallow interest under section 80;

(b) allow interest at a rate higher or lower than the prejudgment rate; or

(c) allow interest for a period other than the period described in section 80;

in respect of the amount, or any part thereof, on which interest at the prejudgment rate is payable under this Part.

Factors under subsection (1)

81(2)       For the purposes of subsection (1), a judge shall have regard to

(a) changes in the quarterly interest rate;

(b) the circumstances of the case; and

(c) the conduct of the proceedings.

S.M. 1993, c. 19, s. 4.

No interest to be awarded

82          Sections 79, 80 and 81 do not apply where

(a) an order is made on consent, unless application of this Part is agreed to by the parties;

(b) there is an agreement between the parties respecting prejudgment interest or compensation in the place of interest; or

(c) payment of prejudgment interest or compensation in the place of interest is otherwise provided for by law.

Discount for future damages

83(1)       Where an order includes an award for future damages, the future damages shall be given a discounted value in accordance with the difference between the probable long-term rate of return on prudent investments and the probable long-term rate of general monetary inflation.

3% discount

83(2)       For purposes of subsection (1), the discount rate applied to future damages shall be 3%, until such time as the discount rate is altered by regulation.

Limitation

83(3)       This section does not apply to future damages awarded as periodic payments under Part XIV.1.

S.M. 1993, c. 19, s. 5.

Postjudgment interest

84(1)       Unless otherwise ordered by the court, money owing under an order, including costs to be assessed or costs fixed by the court, bears interest at the postjudgment rate, calculated from the date of pronouncement of the order, notwithstanding a stay or an appeal of the order.

Interest on periodic payments

84(2)        Where an order provides for periodic payments, a payment in default bears interest at the postjudgment rate from the date of default.

Orders originating outside Manitoba

84(3)       Where an order of the court is based on an order made outside Manitoba or where an order of a court outside Manitoba is filed with a court in Manitoba for the purpose of enforcement, money owing under the order bears interest at a postjudgment rate, if any, applicable to the order made outside Manitoba by the law of the place where it was made.

Costs assessed without order

84(4)       Where costs are assessed without an order, the costs bear interest at the postjudgment rate from the date the person to whom the costs are payable becomes entitled to costs.

Postjudgment interest not available

84(5)       This section does not apply to an order where

(a) the parties agree that a special rate or no rate of postjudgment interest applies, or

(b) it is provided in an Act of the Legislature or by other lawful authority that a special rate or no rate of postjudgment interest applies to the proceeding in which the order is made.

Postjudgment interest agreement

84(6)       Where parties agree that a special rate of postjudgment interest or no rate of postjudgment interest applies or that no postjudgment interest is payable, the order shall be made in accordance with the agreement.

Pleadings

85          For the application of this Part, it is not necessary to include in the pleadings of a proceeding a claim for interest under this Part.

Queen's Bench Small Claims Act

86          A claim for interest under this Part is not part of an amount of money claimed in a proceeding for the purpose of determining jurisdiction under The Court of Queen's Bench Small Claims Practices Act.

Enforcement of order

87          For purposes of enforcing an order, the amount of the order includes

(a) the prejudgment interest, if any; and

(b) the postjudgment interest, if any, to the date of satisfaction of the order;

but does not include

(c) an amount discounted off under section 83.

Transitional

88(1)       Subject to subsection (2), sections 81, 82 and 83 apply to an order made on or after September 10, 1986.

No interest prior to Sept. 10,1986

88(2)       Interest shall not be awarded under sections 80 and 81 for a period prior to September 10, 1986.

S.M. 1989-90, c. 90, s. 6.

PART XIV.1

PERIODIC PAYMENT OF DAMAGES

Definitions

88.1        In this Part,

"judgment creditor" means a person who is entitled to receive payment of or to enforce a judgment; (« créancier judiciaire »)

"judgment debtor" means a person who is obligated to make payment under a judgment or against whom a judgment may be enforced; (« débiteur judiciaire »)

"periodic payments" means the payment of money to a judgment creditor at a future time or times in an amount or amounts that are ordered by the court. (« versements périodiques »)

S.M. 1993, c. 19, s. 6.

Order for periodic payments

88.2        In a court proceeding in which damages are claimed for personal injuries or for the death of a person, or under The Fatal Accidents Act, the court may, on the application of any party, order that damages be paid in whole or in part by periodic payments.

S.M. 1993, c. 19, s. 6.

Content of judgment

88.3        Where the court orders damages to be paid by periodic payments, the judgment shall

(a) identify each head of damage for which a periodic award is to be made;

(b) in respect of each head of damage for which periodic payments are awarded, state

(i) the amount of each periodic payment,

(ii) the date of or the interval between each periodic payment,

(iii) the recipient of each periodic payment,

(iv) any annual percentage increase in the amount of each periodic payment, and

(v) the date or event on which the periodic payments will terminate; and

(c) contain or have attached to it any other material that the court considers appropriate.

S.M. 1993, c. 19, s. 6.

Security required

88.4(1)     Unless the court orders otherwise, a judgment that orders damages to be paid by periodic payments is conditional on the judgment debtor's filing with the court, within 30 days after the day the judgment is rendered or such other time as the court may fix, security to assure the payment of the judgment.

Security to be satisfactory to court

88.4(2)     Security under subsection (1) shall be in the form of an annuity contract issued by a life insurer satisfactory to the court, or in any other form that is satisfactory to the court.

Effect of posting security

88.4(3)     Where security is filed and approved under this section, the judgment debtor by whom or on whose behalf the security is filed is discharged from all liability to the judgment creditor in respect of the damages that are to be paid by periodic payments.

Effect of not posting security

88.4(4)     Where security is not filed and approved under this section, the court shall, at the request of any party to the proceedings, vacate the portions of the judgment in which periodic payments are awarded and substitute a lump sum award or awards.

S.M. 1993, c. 19, s. 6.

Effect of death

88.5        Where a judgment creditor dies before the date or event on which periodic payments are terminated for a head of damage under subclause 88.3(b)(v), the remaining periodic payments for that head of damage shall continue to be paid to the estate of the judgment creditor until the termination date, unless the judgment provides otherwise.

S.M. 1993, c. 19, s. 6.

Commutation to lump sum prohibited

88.6        Except as provided in subsection 88.4(4), no award for periodic payments of damages shall be commuted into a lump sum.

S.M. 1993, c. 19, s. 6.

Limitation on garnishment, etc.

88.7        Periodic payments of damages for loss of future earnings are exempt from garnishment, attachment, execution or any other process or claim to the same extent that wages or earnings are exempt under law.

S.M. 1993, c. 19, s. 6.

Assignment of periodic payments

88.8        An assignment or an agreement to assign periodic payments that are identified in a judgment as being for the cost of future care is void and unenforceable unless

(a) the assignee is a provider of care to the judgment creditor and the assignment is in respect of the cost of products, services or accommodation provided by the assignee; and

(b) the assignment or agreement to assign is approved by the court.

S.M. 1993, c. 19, s. 6.

Transitional

88.9        This Part applies to all proceedings, whether commenced before or after the day this Part comes into force.

S.M. 1993, c. 19, s. 6.

PART XV

APPEALS

Appeal to Court of Appeal

89          Unless otherwise provided by statute,

(a) an order made by the court may be set aside in whole or in part or varied; and

(b) a verdict of a jury may be set aside in whole or in part

on appeal to the Court of Appeal.

Consent order, costs not appealable

90(1)       An order that is made

(a) with the consent of the parties; or

(b) as to costs only;

is not subject to an appeal except by leave of the judge making the order.

Costs against lawyer appealable

90(2)       Subsection (1) does not apply to an order for costs made against a lawyer acting in the proceeding.

PART XVI

RULES OF COURT

Rules committee

91(1)       There shall be a rules committee composed of

(a) the Chief Justice or a judge designated by the Chief Justice;

(b) five judges who shall be appointed by the Chief Justice;

(c) two persons appointed by the Minister of Justice;

(d) three lawyers appointed by The Law Society of Manitoba; and

(e) a master.

Presiding member

91(2)       The Chief Justice or a member of the rules committee designated by the Chief Justice shall preside over the rules committee.

Quorum

91(3)       A majority of the members of the rules committee constitutes a quorum.

S.M. 1993, c. 48, s. 52; S.M. 2002, c. 47, s. 5.

Rule-making powers

92          Subject to subsection 93(1), the rules committee may, upon consultation with the Minister of Justice, make rules, whether or not the rules alter substantive law, with respect to the practice and procedure of the court and, without limiting the generality of the foregoing, in relation to

(a) the commencement and conduct of proceedings in the court;

(b) the joinder of claims and parties;

(c) the settlement of claims by or against persons under disability, whether or not a proceeding has been commenced in respect of the claim;

(d) the binding effect of orders;

(e) the representation of parties;

(f) the service of process in or outside Manitoba, including dispensing with such service;

(g) proceedings by or against partnerships, sole proprietorships, associations and other unincorporated entities;

(h) the disposition of proceedings without a hearing and the effect thereof;

(i) pleadings;

(j) discovery and other forms of disclosure before hearing, including the scope thereof and the admissibility and use of such discovery and disclosure in a proceeding;

(k) the examination of witnesses in or out of court, including the recording of testimony prior to commencement of proceedings;

(l) the jurisdiction of masters, including the conferral on masters of a matter within the jurisdiction of the court but not including the trial of actions or jurisdiction conferred by an Act on a judge;

(m) the jurisdiction and duties of officers of the court;

(m.1) documents filed in proceedings in the court, including rules restricting access to the parties to a proceeding and their lawyers only, in respect of documents filed in connection with pre-trial procedures intended to settle any or all of the issues in dispute;

(n) motions and applications, including the hearing of motions in camera and the prohibition of motions without leave;

(o) the preservation of rights of parties pending the outcome of an action, including the seizure, sale, recovery of possession, attachment or preservation of property, garnishment, the registration of orders in a land titles office and the discharge of such registration;

(p) interpleader;

(q) preparation for the trial of an action;

(r) offers to settle;

(s) the mode and conduct of trials;

(t) the appointment by the court of independent experts, their remuneration and the admissibility and use of their reports;

(u) references of proceedings or issues in a proceeding and the powers of a person conducting a reference;

(v) the costs of proceedings, including security for costs and a lawyer's liability for costs;

(w) the enforcement of orders and of process or obligations under the rules, including the examination of persons in aid of such enforcement;

(x) the establishment of a tariff of costs for services by a lawyer in a proceeding and of the fees payable to a witness;

(y) the delivery and assessment of a lawyer's bill of fees, charges and disbursements to a client;

(z) the time for and procedure on appeals and stays pending appeal;

(aa) payment into and out of court; and

(bb) a matter that in an Act is provided for by rules of court.

S.M. 1993, c. 48, s. 52; S.M. 2004, c. 42, s. 21.

No rules to conflict with an Act

93(1)       Nothing in section 92 authorizes the making of rules which conflict with an Act of the Legislature, but rules may supplement the provisions of an Act.

Rules are regulations

93(2)       The rules are regulations within the meaning of The Statutes and Regulations Act.

S.M. 2013, c. 39, Sch. A, s. 45.

PART XVII

MISCELLANEOUS

Multiplicity of proceedings

94          As far as possible, a multiplicity of proceedings shall be avoided.

Joint liability not affected

95          Where two or more persons are jointly liable in respect of the same cause of action, a judgment against or release of one does not preclude judgment against the other in the same or a separate proceeding.

Costs

96(1)       Subject to the provisions of an Act or the rules, the costs of or incidental to, a proceeding, or a step in a proceeding, are in the discretion of the court and the court shall determine liability for costs and the amount of the costs or the manner in which the costs shall be assessed.

Costs where counsel an employee

96(2)       Costs shall not be disallowed or reduced by reason of the fact that the party claiming the costs is represented by a lawyer who is an employee of the party.

Acting under court order

97          A proceeding shall not be brought against a person with respect to an act done in good faith under an order or process of the court.

Extension of time for translation

98          Notwithstanding a time limitation contained in this Act or another Act, a judge may, for the purpose of allowing sufficient time for the translation of a document filed in court or served on a party in a proceeding, extend the time within which the document shall be filed or a further step taken in the proceeding.

Crown bound

99          The Crown in right of the province is bound by this Act.

PART XVIII

TRANSITIONAL PROVISIONS

Application to all proceedings

100(1)      Subject to subsection (2), this Act applies to all proceedings, whether commenced before or after this Act comes into force, except as otherwise provided.

Exception

100(2)      Where a proceeding is commenced before this Act comes into force, the court in which the proceeding is commenced, may, on application, order that the proceeding or a step in the proceeding be conducted under the Act that governed the proceeding before this Act came into force.

References to former terminology

101         A reference in an Act, rule regulation, order or other court process to a term or form listed in Column 1 of the Table, shall be deemed to refer to the corresponding term or form listed opposite in Column 2:

TABLE

Column 1 Column 2
administrator ad litem litigation administrator
certificate of lis
pendens
pending litigation order
conduct money attendance money
ex parte motion motion without notice
guardian ad litem litigation guardian
next friend litigation guardian
originating motion application
garnishment order notice of garnishment
originating notice notice of application
praecipe requisition
referee master
replevin order interim order for
recovery of personal
property
satisfaction piece notice of satisfaction
special examiner official examiner
style of cause title of proceeding
taxation of costs assessment of costs
taxing officer assessment officer
writ of fieri facias writ of seizure and sale

Statutes repealed

102         The Queen's Bench Act, The Judgment Interest and Discount Act and The Replevin Act are repealed.

Reference in C.C.S.M.

103         This Act may be referred to as chapter C280 of the Continuing Consolidation of the Statutes of Manitoba.

Coming into force

104         This Act comes into force on a day to be fixed by proclamation.

NOTE:  S.M. 1988-89, c. 4 came into force by proclamation on March 1, 1989.

 

 


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