Frequently Asked Questions

  • Can I be terminated during COVID-19?

    Yes, but unless your employer is terminating you for cause, your employer must give you notice, or pay instead of notice. How much notice or pay you are entitled to depends on how long you have been working for your employer. The chart below sets out the notice periods under the Employment Standards Code,

    Length of Employment | Amount of Notice
    More than 30 days, less than a year | 1 week
    1 year to 3 years | 2 weeks
    3 years to 5 years | 4 weeks
    5 years to 10 years | 6 weeks
    Over 10 years | 8 weeks

    If you are a long-term employee, you may be entitled to more notice or pay instead of notice. You should talk to an employment lawyer.

  • Can I bring a family member to my family court motion for support?

    Courts are open to the public and you may bring a family member or friend to court with you. Some proceedings are closed to the public (such as case or triage conferences) and you will not be able to bring anyone to such court appearances besides your lawyer. Ask your lawyer for more information on the specific appearance and whether you can bring someone on that date.

  • Can I bring a friend to a case conference?

    Only you, your lawyer if you have one, and the other party with their lawyer will be able to attend the case conference with the judge. Case conferences are not open to the public. Having proceedings closed is supposed to encourage open discussions between the parties. Anything discussed at the case conference is “without prejudice”, meaning it can’t be referred to at motions or at trial. The case conference judge will not be the judge for future motions or trial.

  • Can I extend a Peace Bond for more than a year?

    Peace Bonds cannot be renewed but you can apply for a new one if you still have reason to fear the person.

  • Can I file for divorce even if I am still living with my spouse for financial reasons?

    Yes. You can still file for divorce as long as you have been living separate and apart in the same household. This usually means that you have separate bedrooms, do not perform chores for each other, have informed your friends and family that you are separated, and are living separate lives. You must also have clearly communicated to your spouse that you are considering yourself separated as of a certain date.

  • Can I file for divorce without a lawyer?

    Yes. However, it is a good idea to have a family law lawyer help you with the process. There are also law firms that offer unbundled services.  They help with filling out forms or other limited scope representation. If you are filing on your own, you can get the forms for a divorce from the Law Courts Building at 408 York Avenue in Winnipeg or online.

    Community Legal Education Association also sells an Uncontested Divorce Guide for $30. You can purchase our Uncontested Divorce Guide from our Publications Store online.

     

  • Can I get an annulment if I was only married for a few months before separating?

    The length of the marriage is not a relevant ground for annulment. Grounds for annulment include – lack of consent (incapacitated or incompetent), already married, under age, duress, inability to consummate.

    Next Steps: Apply for a Divorce rather than Annulment

    See other FAQs dealing with divorce proceedings.

  • Can I get in trouble for not following social distancing?

    Social distancing is a health recommendation, not law. You are not legally required to stay 2 metres away from other people, although this is what health experts have recommended to help prevent the spread of COVID-19.

    As of March 15, 2022, the Government of Manitoba has ended its State of Emergency, and there are no longer any active Public Health Orders. However, some businesses may still require you to take certain proactive measures, like wearing a mask or cancelling an appointment if you are feeling unwell.

    For a full list of up to date information, please visit the Government of Manitoba website here.

    Individuals entering the country must also follow the federal regulations, which can be found here.

     

  • Can I get my mail held or forwarded to my home?

    Yes, and there is no cost for either service. If you’ve already paid for the service, you can ask for a refund online.

  • Can I incorporate a not-for-profit organization on my own?

    A not-for-profit organization must be incorporated by three or more directors who are not bankrupt. For more information, see CLEA’s booklet Not-for-Profit Organizations in Manitoba: Beginning and Incorporating (https://www.communitylegal.mb.ca/publications-store/).

    The Companies Office also has more information here: companiesoffice.gov.mb.ca/notices/non_profit.pdf

  • Can I indicate who should be the guardian of my children in my will?

    You can indicate in your will whom you want to be the guardian of your children. That person will still have to go to court to get guardianship. The court makes the final decision about guardianship. However, instructions in a will can be taken into account by the court as a highly persuasive statement of the parent’s preference.

  • Can I just get my divorce granted and deal with all my other family law issues later?

    In some cases you may apply to sever an issue and have separate hearings in the same court proceeding. The court has discretion about whether to allow such a severance and they will consider whether there is a valid reason for the severance. The court is supposed to avoid multiple proceedings where they are not necessary. A court is also required to make sure that reasonable arrangements have been made for the support of any children of the marriage before they can grant a divorce.

    You will also want to make sure that you have made a proper claim for property division and have set out how that claim is going to proceed. You can’t make an application for an accounting or equalization of assets under The Family Property Act after 60 days from when a divorce decree is granted or 60 days from when the divorce takes effect.

  • Can I lay criminal charges myself?

    You can attempt a private prosecution. If successful, a judge will order that charges be laid against the accused. For more details on private prosecutions, contact a lawyer or a local court house.

  • Can I lay criminal charges myself?

    You can attempt a private prosecution. If successful, a judge will order that charges be laid against the accused. For more details on private prosecutions, contact a lawyer or a local court house.

  • Can I make changes to my will without having to redo the entire document?

    Yes. You can make an addition to a will, called a codicil. Any changes to a will must be executed in the same manner as the original will. The alteration or codicil must be signed by the maker of the will and two witnesses.

  • Can I name my 17 year old daughter as Executor of my will?

    An Executor in Manitoba must be 18 years old to act. If the Executor of an estate is a minor, a guardian would act on their behalf until they are 18.

  • Can I refuse to work if I am worried about COVID-19?

    If your work is an essential service, you are expected to show up like usual. If you don’t, your employer could take disciplinary action against you.

    You can refuse to work if you believe the work is putting you in real and imminent harm. However, the risk that you could be exposed to the virus is likely not enough to refuse to work. The threat of harm must be greater than just a possibility.

    If you have an existing condition that puts you at greater risk of contracting COVID-19, speak to your employer about your concerns. They likely have a duty to accommodate you under The Human Rights Code.

    For more information, contact the Manitoba Human Rights Commission.

  • Can I request the court order to have the other parent keep our child on their medical and dental insurance plan from their employment?

    Yes.

  • Can I sponsor my adoptive parents?

    Yes. If your adoptive parents are not Canadian or Canadian permanent residents, you are allowed to sponsor them because they are related to you by adoption.

  • Can I sponsor my biological parents if I was adopted?

    No. When a person is adopted, the family relationship between the biological parent and child is considered broken. As a result, if you were adopted, you cannot sponsor your biological parents.

  • Can I sponsor my parents or grandparents under the Manitoba Provincial Nominee Program if my family class application is refused or I lose the appeal?

    While parents and grandparents cannot be “sponsored” under the Manitoba Provincial Nominee Program, this program has certain streams that may allow relatives, including parents and grandparents, to qualify.

    While parents and grandparents can use the Provincial Nominee Program, they have to meet all of the other requirements of that program. If a parent or grandparent has been refused because of health or criminal record reasons, it is likely that they will be refused under the Provincial Nominee Program as well. However, if the application was refused because the sponsor did not make enough money, this cannot be used as a reason to refuse the parent or grandparent under the Provincial Nominee Program as long as the parent or grandparent has enough money as required by the Manitoba Provincial Nominee
    Program.