C.C.S.M. c. C280
The Court of Queen's Bench Act
Table of Contents
PART I | ||
1 | Interpretation | |
PART II | ||
2 | Continuation of Court | |
3 | Name of Court | |
4 | Family Division | |
5 | 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 | ||
7 | Oath or affirmation by Judges | |
8 | Powers of a judge | |
9 | Residence of Chief Justice | |
(2) | Residence of judges | |
(3) | Change in residence | |
(4) | Judges away from Winnipeg | |
10 | Meetings of judges | |
PART IV | ||
11 | Definitions | |
11.1 | Appointment of masters | |
(2) | Appointment from list of candidates | |
11.2 | Qualifications | |
11.3 | Masters appointment committee | |
(2) | Composition of committee | |
(3) | Appointment considerations | |
(4) | Term of appointment | |
(5) | Confidentiality | |
11.4 | Receiving applications for appointment | |
(2) | Encouraging diverse pool of candidates | |
(3) | Committee to meet to review applications | |
(4) | Evaluation criteria | |
(5) | Committee may conduct inquiries | |
(6) | List of qualified candidates | |
(7) | Ongoing list | |
(8) | Review and revision of list | |
11.5 | Appointment committee to meet re appointment | |
(2) | List of recommended candidates to minister | |
(3) | Interviews and inquiries | |
(4) | Certifying list with fewer than three candidates | |
11.6 | Appointing senior master | |
(2) | Appointment from list of recommended candidates | |
(3) | Appointment committee | |
(4) | Direction re scope | |
(5) | Committee duties | |
(6) | Providing list of recommended candidates | |
(7) | Certifying list with fewer than three candidates | |
11.7 | Duties of senior master | |
11.8 | Resignation as senior master | |
11.9 | Oath or affirmation | |
11.10 | 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 | Residence of senior master | |
(2) | Residence of masters | |
(3) | Change in residence | |
11.15 | Jurisdiction of a master | |
(2) | Provincial court judge a master | |
11.16 | [Repealed] | |
11.17 | Masters' compensation | |
(2) | Senior master's compensation | |
(3) | Judicial compensation report to masters | |
11.18 | 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 | Powers of Chief Justice | |
(2) | Complaints referred directly to board | |
(3) | Notification of decision | |
(4) | Referral to board by complainant | |
11.22 | Judicial Inquiry Board | |
(2) | Applicable provisions | |
11.23 | 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 | |
11.24 | 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 | |
(9) | Quorum | |
(10) | Applicable provisions | |
11.25 | Adjudication by council | |
(2) | Convening council | |
(3) | Applicable provisions | |
11.26 | Appeal to Court of Appeal | |
(2) | Applicable provisions | |
11.27 | Suspension of senior master during investigation | |
(2) | Appeal of suspension | |
(3) | Suspension of senior master after hearing | |
(4) | Revocation of appointment as senior master | |
11.28 | 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 | ||
12 | Appointment of registrars | |
(2) | Powers and duties of registrars | |
(3) | Powers of deputy registrar | |
13 | Assessment officer and official examiner | |
(2) | Additional officers and examiners | |
(3) | Powers and duties | |
14 | General powers | |
15 | Exemption from liability | |
16 | Sheriffs, peace officers, etc. | |
PART V | ||
17 | Establishment of centres | |
(2) | Designation of court services | |
18 | Transfer on Change of Centre | |
(2) | Deemed transfer | |
(3) | Transfer of documents on change | |
PART VI | ||
19 | Minister of Justice supervises | |
20 | Court staff under Chief Justice | |
(2) | Court staff under presiding judge | |
(3) | Stand-by court staff | |
21 | Court offices open to public | |
22 | The court seal | |
(2) | Seal on documents issued | |
(3) | Effect of the seal | |
23 | Prisons of the court | |
PART VII | ||
24 | Duties of the Chief Justice | |
(2) | Duties of Associate Chief Justices | |
25 | Absence of Chief Justice | |
26 | Additional judges, family division | |
27 | Duties of family division judges | |
(2) | Assignment to other duties | |
28 | 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 | Post-retirement or resignation | |
(2) | Motion for rehearing | |
(3) | Costs of hearing and rehearing order | |
PART VIII | ||
32 | Jurisdiction of court | |
33 | 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 | Vesting orders | |
(2) | Execution by order of the court | |
38 | Stay of proceedings | |
39 | Relief against acceleration | |
(2) | Subsection (1) overrides agreement | |
(3) | Fresh default | |
40 | Laws of Assiniboia | |
PART IX | ||
41 | Definitions | |
42 | Territorial jurisdiction | |
43 | Exclusive jurisdiction | |
(1.1) | Exception | |
(2) | Concurrent jurisdiction | |
44 | No duplication of proceedings | |
45 | Transitional | |
46 | Clause 42(a) area to family division | |
(2) | Clause 42(b) area to family division | |
(3) | Clause 42(b) area to provincial court | |
47 | Referral to designated mediator | |
(2) | Action by designated mediator | |
48 | Mediation by designated mediator | |
(2) | Mediation by private practising mediator | |
(3) | Exception | |
49 | Court may direct evaluation | |
(2) | Factors | |
(3) | Apportioning cost | |
(4) | Person appointed | |
(5) | Report | |
(6) | Inference from refusal | |
50 | 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 | ||
55 | Injunctions and receivers | |
(2) | Terms on injunction or appointment | |
56 | No injunction re personal services | |
(2) | No contempt re personal services | |
57 | No injunction re freedom of speech | |
(2) | "Exercise right to freedom of speech" | |
(3) | Exceptions | |
(4) | "Public thoroughfare" | |
58 | 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 | 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 | Attachment before judgment | |
(2) | Attachment of personal property | |
(3) | Attachment of land | |
(4) | Discharge of attaching order | |
61 | Garnishment before judgment | |
62 | Liability if no judgment obtained | |
(2) | Recovery of damages | |
63 | "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 | ||
64 | Actions tried with a jury | |
(2) | Actions tried without jury | |
(3) | Verdicts or questions | |
(4) | Malicious prosecution | |
65 | Set-off by defendant | |
(2) | Mutual debts of different nature | |
(3) | Judgment for defendant | |
66 | Agreement re third party claim | |
67 | Security | |
68 | Personal representative accounting | |
(2) | Co-tenant accounting | |
69 | Proceedings in wrong forum | |
(2) | Transfer of errant proceeding | |
70 | Commission evidence | |
71 | Service of process on Sunday | |
72 | Bond and recognizance enforcement | |
(2) | Enforcement of fines for contempt | |
72.1 | 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 | ||
73 | Order restraining vexatious litigant | |
(2) | Obtaining order | |
74 | Application for leave to proceed | |
(2) | Leave to proceed or rescission | |
(3) | [Repealed] | |
(4) | No appeal | |
75 | Abuse of process | |
PART XIII | ||
76 | Hearings open to public | |
(2) | Exception | |
(3) | Disclosure of what transpires | |
77 | Sealing confidential documents | |
(2) | Documents public | |
(3) | Copies | |
PART XIV | ||
78 | Definitions | |
79 | Publication of quarterly rate | |
(2) | Initial quarterly interest rate for prejudgment interest | |
80 | Prejudgment interest | |
(2) | Prejudgment interest, specials | |
(3) | Non-pecuniary damages | |
(4) | Relevant circumstances | |
81 | Discretion of the court | |
(2) | Factors under subsection (1) | |
82 | No interest to be awarded | |
83 | Discount for future damages | |
(2) | 3% discount | |
(3) | Limitation | |
84 | 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 | Transitional | |
(2) | No interest prior to Sept. 10,1986 | |
PART XIV.1 | ||
88.1 | Definitions | |
88.2 | Order for periodic payments | |
88.3 | Content of judgment | |
88.4 | 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 | ||
89 | Appeal to Court of Appeal | |
90 | Consent order, costs not appealable | |
(2) | Costs against lawyer appealable | |
PART XVI | ||
91 | Rules committee | |
(2) | Presiding member | |
(3) | Quorum | |
92 | Rule-making powers | |
93 | No rules to conflict with an Act | |
(2) | Rules are regulations | |
PART XVII | ||
94 | Multiplicity of proceedings | |
95 | Joint liability not affected | |
96 | Costs | |
(2) | Costs where counsel an employee | |
97 | Acting under court order | |
98 | Extension of time for translation | |
99 | Crown bound | |
99.1 | Annual report | |
(2) | Information to be included in annual report | |
(3) | Annual report submitted to minister by Chief Justice | |
(4) | Annual report made available to the public | |
(5) | Regulations | |
PART XVIII | ||
100 | 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 |