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S.M. 2008, c. 35
Bill 39, 2nd Session, 39th Legislature
The Court of Appeal Amendment Act
(Assented to June 12, 2008)
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
Section 10 is amended
(a) in the English version, by striking out "upon him by rules" and substituting "on the registrar by the rules"; and
Section 20 of the English version is amended
(a) in clause (a), by striking out "his office" and substituting "from his or her office"; and
(b) in the part after clause (c),
(i) by striking out "his resignation" and substituting "the resignation", and
Section 22 of the English version is amended
(a) in the section heading, by striking out "his"; and
Section 23 of the English version is amended
(a) by striking out "his" and substituting "his or her"; and
The following is added after section 31:
Where a judge sitting in chambers or the court 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 or the court may order that
(c) the person shall not institute a further proceeding; or
(d) a proceeding instituted by the person shall not be continued;
except with leave of a judge.
An 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.
Where a person governed by an order under subsection 31.1(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.
If the order under subsection 31.1(1) was made by the court, the application for rescission of the order under clause (1)(b) shall be made to the court.
For purposes of an application under subsection (1), where a judge sitting in chambers or the court 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 judge or the court may, by order,
(a) grant leave to proceed; or
(b) rescind the order made under subsection 31.1(1).
A person making an 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 lies from a refusal to make an order under subsection (3).
Nothing in section 31.1 or 31.2 limits the authority of the court to stay or dismiss a proceeding as an abuse of process or on any other ground.
This Act comes into force on the day it receives royal assent.