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