S.M. 1988-89, c. 10
Bill 8, 1st Session, 34th Legislature
The Court of Queen's Bench Small Claims Practices Amendment Act
(Assented to December 20, 1988)
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
The Court of Queen's Bench Small Claims Practices Act is amended in the manner set out in this Act.
The definition of "document" in subsection 1(1) is amended by striking out the words "a notice of objection and statement of defence filed under section 7 or subsection 9(4)" .
The definition of "court officer" in subsection 1(1) is amended in the English version by striking out "(«officier du tribunal»)" and substituting "(«auxiliaire de la justice»)", and in the French version by striking out the definition of "«officier du tribunal»" and substituting the following before the definition of "«défendeur»" :
«auxiliaire de la justice» Le registraire, un registraire adjoint ou un assistant du registraire adjoint du tribunal. ("court officer")
Sections 3, 4 and 5 are amended by striking out "$3,000." wherever it occurs and substituting "$5,000.".
The French version is amended by striking out the words "officier du tribunal" and substituting "auxiliaire de la justice" in the following provisions: subsections 5(1), 5(2), 6(2), 6(3), 8(1), 8(2), 9(2), 10(1), 10(3), 11(2), 12(4), 14(1), 20(1), 21(2) and clause 9(3)(a).
Section 6 is amended by adding the following after subsection (3):
No interlocutory proceedings shall be taken.
Section 7 is repealed.
Subsection 9(1) is repealed and the following is substituted:
On the date set for hearing under subsection 8(1) or subsection 9(3), a judge or court officer shall
(a) hear and determine the matter, including any counterclaim or set-off, or
(b) adjourn the matter for not more than 60 days.
Subsection 9(3) is amended by striking out clause (e).
Subsections 9(4), 9(5) and 9(6) are repealed.
Subsection 11(1) is repealed and the following is substituted:
Where a defendant, or someone on behalf of a defendant, does not appear at the time and place fixed for the hearing of an action, a judge or court officer may allow the claimant to prove service of the statement, give default judgment against the defendant and dismiss any counterclaim made by the defendant.
Subsections 12(1), (2) and (3) are repealed and the following is substituted:
Subject to subsection (2), the decision of a court officer under subsections 9(1), 11(1) or 20(2), when filed in the court office, is a judgment of the court.
Where a decision under subsections 9(1), 11(1) or 20(2) is made by a court officer, a party aggrieved by the decision may, within 30 days after the signing of the decision, or within such further time as a judge may by order allow, appeal from the decision to a judge of the court.
An appeal under subsection (2) shall be a new trial, and shall be launched by filing a simple notice of appeal.
An appeal shall be dealt with in a summary manner and the general rules of the court do not apply unless, on the application of a party to the appeal, a judge otherwise orders.
Section 13 is amended by striking out clause (a) and substituting the following:
(a) a decision of a judge under subsections 9(1), 11(1) or 20(2);
Section 17 is repealed.
Subsections 18(1) and (3) are repealed, and subsection 18(2) is renumbered as section 18.
Subsection 20(2) is repealed and the following is substituted:
Where a claimant's claim is dismissed under subsection (1), and the defendant has made a counterclaim, the judge or court officer may allow the defendant to prove service of the counterclaim and give default judgment against the claimant.
The Act is amended by adding the following after section 22:
Where a default judgment is given under subsections 11(1) or 20(2), the court shall, within seven days of the decision, send a certificate of decision by ordinary mail to the person against whom the default judgment was given.
The certificate of decision referred to in subsection (1) shall be in the form prescribed by the rules.
This Act comes into force on a day fixed by proclamation.