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The Queen's Bench Act

R.S.M. 1987, c. C280

The Queen's Bench Act

Table of Contents

1 Definitions.
2 Officer to discharge existing duties.
(2) Officer to discharge new duties.
ORGANIZATION
3 Court continued.
4 How court styled.
(2) Demise of Crown.
5 Seals.
JUDGES
6 Number of judges.
(2) Additional puisne justices.
(3) Additional office for retired Chief Justice.
(4) Supernumerary judges.
7 Powers of judges.
8 Oath to be taken by judges.
9 Judges may hold court in Northwest Territories.
10 Residence of Chief Justice.
(2) Residence of puisne justices.
(3) Minimum no. resident away from Winnipeg.
(4) No change for residence on enactment.
11 Meetings of judges.
OFFICERS AND OFFICES
12 Officers.
(2) Officers in other judicial centres.
(3) Provincial Court judges masters and referees.
(4) Duties of officers.
(5) Power of deputies.
13 Registrar in place of prothonotary.
(2) Deputy registrar in place of deputy clerk of Crown and Pleas.
(3) Registrar in place of recorder of Surrogate Court.
(4) Deputy registrars in place of Surrogate Court registrars.
14 Oaths of office.
(2) Oath administered by judge.
15 Salaries.
16 Office hours.
17 Consequences of officer neglecting to give security.
18 Duties of sheriffs, et al.
19 Administration of oaths.
20 Offices in judicial centres.
(2) Location of court seals.
(3) Use and effect of court seal.
21 Inspection of offices.
22 Gaols to be prisons of court.
COURT REPORTERS
23 Court reporters.
(2) Oath of office.
SPECIAL EXAMINERS
24 Special examiners.
ADMINISTRATIVE CENTRES AND JUDICIAL CENTRES
25 Establishment and change of judicial centres.
INSPECTION OF COURT BOOKS
26 Books of court to be open to inspection.
(2) Officer to produce books.
SITTINGS AND DISTRIBUTION OF BUSINESS
27 Sittings of court
28 Fixing dates for sittings.
29 Sittings outside Winnipeg at least three times each year.
(2) Sittings outside judicial centres.
30 Transfers on changes in judicial centres, etc.
(2) Transfer of actions and proceedings, etc.
31 Separate sittings for civil and criminal matters.
32 Places for sittings of court.
33 Order of trial of causes, etc.
34 Course to be pursued by the sheriff if the judge does not arrive.
35 Commissions of assize, etc.
36 Sittings of the court at Winnipeg.
37 Judge may adjourn trial or hearing at any time.
38 Who shall preside.
39 Business to be disposed of by one judge as far as practicable.
(2) Decision of judge.
(3) Judge deemed the court
40 Distribution of business.
41 Judges' chambers.
SITTINGS EN BANC
42 When court to sit en banc.
43 Constitution of court en banc.
44 Where to be held.
JURISDICTION
45 Jurisdiction of court.
46 Of what court may hold plea.
(2) Court to decide all issues.
(3) Application of laws of England.
(4) Testimony proof practice, etc. of England.
(5) Saving.
(6) Sunday Observance Act.
FAMILY DIVISION
47 Family Division.
(2) Meaning of "family action".
(3) Exclusive jurisdiction.
(4) Concurrent jurisdiction.
(5) Transitional provision.
(6) Referral to conciliation officer.
(7) Action by conciliation officer.
(8) Confidentiality.
(9) Family Investigator.
(10) Family investigator may be a witness.
(11) Definitions.
(12) Territorial jurisdiction.
(13) No duplication of proceedings.
(14) Provincial Court orders where exclusive jurisdiction.
(15) Provincial Court orders where concurrent jurisdiction.
48 No limitation on alimony, etc., in default.
(2) Death of judgment debtor.
(3) Death of recipient of alimony, etc.
49 Remission of alimony, etc., in default.
50 Vesting orders.
(2) Execution of instruments by order of the court.
51 Leases and sales of settled estates, etc.
(2) Examination of married women.
(3) Application of moneys realized.
52 Wills.
53 Further jurisdiction.
54 Jurisdiction in attachments.
55 Mandamus.
56 Mandamus, injunction, receivers.
(2) Conditions of order.
(3) Injunction for threatened act
57 Court may award damages, etc.
58 Injunctions relating to personal services.
(2) Failure to work as contempt
59 Injunctions against freedom of speech.
(2) Meaning of "exercise freedom of speech" .
(3) Saving provision.
(4) Meaning of "public thoroughfare".
60 Commissions to take evidence.
61 Relief against acceleration clauses.
62 Fresh default.
ADMINISTRATION OF JUSTICE
63 Law and equity to be administered concurrently.
64 In cases of conflict, rules of equity to prevail.
65 Rules of law to apply to all courts.
TRIAL
66 Jury actions.
(2) Right to jury waived by non-payment of fees.
(3) Actions against municipalities, tried without a jury.
(4) Issues of fact and assessment of damages.
(5) Trial judge may direct action to be tried with a jury.
67 Judge to enter finding of jury.
(2) Verdicts.
(3) Saving defamation.
68 Common law power not affected.
69 Reasonable and probable cause decided by judge.
RESIGNATION OR DEATH OF JUDGE
70 Judgments by retired judges, etc.
(2) Death of judge.
INTEREST
71 Interest may be allowed.
72 When allowable on debts.
(2) When allowable after demand of payment.
(3) Interest by way of damages.
73 Interest on judgments.
PERPETUATING TESTIMONY
74 Actions to perpetuate testimony by persons claiming offices.
(2) Limitation.
75 Attorney-General party defendant if Queen has any interest.
ACTIONS ON BONDS
76 In actions on bonds, etc., plaintiff may assign many breaches.
(2) In what case he may do so.
(3) Judgment to remain to answer any further breach.
(4) And so toties quoties.
ACTIONS OF ACCOUNT
77 Actions of account by and between joint tenants as bailiffs, etc.
SET-OFF
78 Mutual debts may be set-off.
79 Exception to set-off.
(2) Judgment only for balance due after set-off.
TENDER OF AMENDS IN CASE OF TORTS
80 Tender of amends in case of torts.
PAYMENT POST DIEM
81 Plea of payment is bar in action of debt, etc.
DISPENSING WITH SERVICE
83 Court may dispense with service in certain cases.
(2) Security by bond.
(3) Plaintiff to prove claim.
(4) Defendant may defend.
(5) Obligation under bond to expire in three years.
PHYSICAL EXAMINATION OF PARTIES
84 Physical examination of party by medical practitioner.
(2) Medical practitioner selected by judge.
(3) Further examination.
(4) Penalty for refusing.
CERTIFICATE OF LIS PENDENS
85 Actions, etc., not notice unless certificate registered.
(2) Form of certificate.
(3) Saving.
86 Vacating on failure to prosecute.
(2) Vacating where money claimed.
(3) Vacating when deemed just.
(4) Costs.
(5) Registration of.
(6) Discharge in certain cases.
(7) Vacating same.
CHARGING ORDERS ON STOCKS, ETC.
87 Stock in public funds, etc. charged by order.
88 Order of judge to be made ex parte.
(2) Liability of persons disregarding order.
(3) When order absolute.
(4) Varying or discharging orders.
89 Provisions as to property of judgment debtors defined and extended.
(2) Order affecting funds in court
(3) Effect of order.
ALIMONY AND MAINTENANCE
90 Enforcement of orders, etc. for alimony or maintenance.
(2) Appointment of receivers.
(3) Court's discretionary powers not diminished.
PROTECTION TO PERSONS ACTING UNDER JUDGMENT
91 Protection of persons acting on judgment.
92 Purchaser to acquire good title by final judgment.
QUASHING CONVICTIONS, ETC.
93 Procedure substituted for certiorari, etc.
(2) Service of notice of motion.
(3) Endorsement on notice of motion.
(4) Return by provincial judge, etc.
(5) Effect of certificate.
(6) Notice in chambers.
(7) Limitation of time for proceedings.
(8) Recognizance to be filed.
(9) Power of judge.
94 Quo warranto writ superseded.
(2) Where relator named, proceedings how framed.
95 Issue directed, or injunction, etc., granted.
96 Other statutory provision, Act not to apply.
97 Examination of judgment debtor.
APPEALS
98 Orders not appealable.
99 Court of Appeal may set aside or vary decision.
COSTS
100 Costs to be in discretion of court or judge.
(2) Costs of trustee, etc.
(3) Costs in jury trials.
(4) Costs of proceedings before other officers.
101 Extensions of time for translations.
RULES OF COURT
102 Judges may make rules.
(2) Rules respecting procedure in statute.
(3) Payment into or out of court.
(4) Rules, forms, tariffs, and schedules, embodied in Act.
(5) Rules to be regulations under Regulations Act.
MISCELLANEOUS
103 Jurisdiction exercised according to rules.
(2) Practice and procedure not provided for.
104 Proceedings to be according to this Act.
105 This Act not to apply to criminal and other matters.
106 Transfer of action to Provincial Court.
(2) Consequence of transfer.
(3) Prov. Court to receive action and documents.
107 Transfer of action to Q.B.
(2) Consequence of transfer.
(3) Amendment of pleadings.