C.C.S.M. c. C280

The Court of King's Bench Act

Table of Contents


1		Interpretation
2		Continuation of Court
3		Name of Court
4		Family Division
5		Composition of Court
	(2)	Additional offices
	(3)	C.J.K.B., A.C.J.K.B. election
	(4)	Supernumerary election
6		L.G. in C. may increase judges
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
10.1		Conferences re administration of justice
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
11.17		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
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.
17		Establishment of centres
	(2)	Designation of court services
18		Transfer on Change of Centre
	(2)	Deemed transfer
	(3)	Transfer of documents on change
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
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
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
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
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
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
73		Order restraining vexatious litigant
	(2)	Obtaining order
74		Application for leave to proceed
	(2)	Leave to proceed or rescission
	(4)	No appeal
75		Abuse of process
76		Hearings open to public
	(2)	Exception
	(3)	Disclosure of what transpires
77		Sealing confidential documents
	(2)	Documents public
	(3)	Copies
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		King's Bench Small Claims Act
87		Enforcement of order
88		Transitional
	(2)	No interest prior to Sept. 10,1986
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
89		Appeals to Court of Appeal
90		Consent order, costs not appealable
	(2)	Costs against lawyer appealable
91		Rules committee
	(2)	Presiding member
	(3)	Quorum
92		Rule-making powers
93		No rules to conflict with an Act
	(2)	Rules are regulations
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
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