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