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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| 11.16 | Repealed | |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 | |