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The Court of Queen's Bench Act

C.C.S.M. c. C280

The Court of Queen's Bench Act

PART I
DEFINITIONS
1 Interpretation
PART II
CONSTITUTION OF THE COURT
2 Continuation of Court
3 Name of Court
4 Family Division
5 (1) Composition of Court
(2) Additional offices
(3) C.J.Q.B., A.C.J.Q.B. election
(4) Supernumerary election
6 L.G. in C. may increase judges
PART III
JUDGES OF THE COURT
7 Oath or affirmation by Judges
8 Powers of a judge
9 (1) Residence of Chief Justice
(2) Residence of judges
(3) Change in residence
(4) Judges away from Winnipeg
10 Meetings of judges
PART IV
MASTERS OF THE COURT
DIVISION 1
DEFINITIONS
11 Definitions
DIVISION 2
APPOINTMENT, SENIOR MASTER AND GENERAL MATTERS
APPOINTMENT
11.1 Appointment of masters
11.2 Qualifications
11.3 (1) Appointment from list of candidates
(2) Masters Nominating Committee
(3) Convening nominating committee
(4) Duties of nominating committee
11.4 Provisions applicable to nominating committee
11.5 (1) If fewer than three qualified candidates
(2) Chief Justice and senior master consulted
SENIOR MASTER
11.6 (1) Appointment of senior master
(2) Nominating committee
(3) Procedure
11.7 Duties of senior master
11.8 Resignation as senior master
GENERAL MATTERS
11.9 Oath or affirmation
11.10 (1) Master to devote full time to duties
(2) No extra remuneration
(3) Expenses excepted
(4) Winding up practice, etc.
11.11 Holding office during good behaviour
11.12 Resignation
11.13 Resigning master remains seized, etc.
11.14 (1) Residence of senior master
(2) Residence of masters
(3) Change in residence
11.15 (1) Jurisdiction of a master
(2) Provincial court judge a master
DIVISION 3
COMPENSATION
11.16 Repealed
11.17 (1) Masters' compensation
(2) Senior master's compensation
(3) Judicial compensation report to masters
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) Assessment 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
(3) Refusal to co-operate
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
102 Statutes repealed
103 Reference in C.C.S.M.
104 Coming into force