Frequently Asked Questions

  • A family member has passed away. Are there any benefits from the Government that I can apply for?

    There are survivor benefits under the Canada Pension Plan:

    • surviving spouse’s pension,
    • orphan’s benefits, and
    • death benefits.

    Contact CPP for more details:

     

  • A similar named organization to my own is planning on incorporating. Do I have to sue them to stop using the name or will the Companies Office look into this when they apply?

    The Companies Office will review the names of organizations submitted and make sure that they are not too similar to existing names on their record. If the names are confusing then registration of the business name will be rejected.

  • A young child has contacted me with concerns about their treatment in the care of Child and Family Services (CFS). Who can I contact for assistance?

    The Manitoba Advocate for Children and Youth (MACY) provides support and advocacy for individuals involved in the Child and Family Services system. They can be contacted at (204) 988-7440 or 1-800-263-7146. They are located at 100 – 346 Portage Avenue.

  • After I move out, how long does my landlord have to return my security/damage deposit?

    If your landlord has no claim against the damage deposit (for example the unit was not damaged) your landlord has 14 days after the date of the termination of your tenancy to return the damage deposit, as well as any interest.

    If there is a claim for damage, your landlord has 28 days after the date of the termination of the tenancy to inform you of the claim by written notice. If your landlord’s claim is less than the damage deposit, the excess must be returned to you.

  • After my spouse and I separated, I took all of the money out of the joint account to pay bills because I am not employed. What happens now?

    You may have to account back to your spouse for your spouse’s share of the money in the joint account. However, this depends upon what property your spouse has in their possession and what you have. Property is supposed to be equally divided when individuals separate.

  • Am I able to take the For the Sake of the Children course?

    Yes, you are.  For the Sake of the Children is now being offered temporarily as an on-line course.

    Information about the course

    Course Materials

  • Am I entitled to any share of property if my common law spouse of 10 years was never divorced from his/her spouse?

    Yes. You are entitled to a share of property from the date that you started living with your common-law spouse until the date that you separated.

  • Am I entitled to be paid for acting under a Power of Attorney?

    You are not automatically entitled to be compensated for your work as an attorney. If the Power of Attorney document does not set out any rate of compensation you could request fair and reasonable compensation from the court.

  • Are all criminal offences heard before a judge and jury?

    No. All summary conviction offences, including hybrid offences which are being dealt with summarily, are heard by a Provincial Court judge without a jury. Some less serious indictable offences also must be tried by a Provincial Court judge. There are some very serious indictable offences that may only be tried by a judge of the Court of Queen’s Bench with a jury. Such offences include murder and conspiracy to commit murder. Other indictable offences allow an accused person to choose (or elect) whether to be tried in Provincial Court, in the Court of Queen’s Bench by a judge and jury, or in the Court of Queen’s Bench by a judge alone.

  • Are COVID-19 vaccines safe?

    There are currently four COVID-19 vaccines that have been approved for use in Canada: Pfizer-BioNTech, Moderna, Astra-Zeneca, and Janssen (Johnson & Johnson). A vaccine is only approved by Health Canada when there is sufficient data showing that it is safe and effective. You can find more information about how vaccines are approved, and a list of other vaccines currently under review here.

    As with any vaccine, there may be side effects associated with receiving a COVID-19 vaccine. You can read more about the side effects here. If you have concerns about receiving the vaccine, you should consult with your doctor before being vaccinated.

    You can read more about the vaccines by visiting the Government of Canada’s website here, or visiting the Government of Manitoba’s vaccine Q&A page here.

    You can also find more information about COVID-19 vaccines for youth and young adults here.

  • Are hearings at the Manitoba Labour Board postponed?

    As of June 25, 2021, the Manitoba Labour Board has resumed some of its activities, including hearings. For more information, visit the Board’s website here:

    Manitoba Labour Board

  • Are lawyers’ offices still open?

    Many lawyers are working remotely, but are still working. You may have to call around.

  • Are the courts hearing out of custody criminal matters?

    All criminal trials in the Court of Queen’s Bench scheduled between January 10th and March 4th, 2022 will be rescheduled. For more information, see the January 10th notice here.

    All out of custody criminal trials and preliminary hearings in Provincial Court will proceed as scheduled, in both major court centres and circuit courts. Courts remain closed to the general public at this time. For more information, see the December 23, 2021 notice here.

    Out of custody dispositions in Provincial Court and Queen’s Bench will presumed to be held virtually until further notice.

    The Provincial Offences court office at 373 Broadway in Winnipeg is closed to the public until further notice. Provincial Offences Act and Highway Traffic Act matters scheduled between January 4th and February 4th, 2022 will be rescheduled. A notice of the new date and time will be sent to you. Some Highway Traffic Act matters may be held virtually. For more information, see the December 23, 2021 notice here.

    PTC/PCC court (or “paper court”) appearances will be held virtually. Lawyers will be able to call in and handle these appearances ahead of time. If you are representing yourself on one of these matters, see the June 8, 2021 Notice for instructions.

  • Are the courts hearing small claims matters?

    Small Claims Court will resume in-person hearings on June 8, 2020.

    Adjourned hearings set between March 17 and June 7, 2020 will be assigned to an administrative list by teleconference.

    Call the court if you have not received a letter by June 3, 2020:

    http://www.manitobacourts.mb.ca/site/assets/files/1966/notice_-_small_claims_court_may_15_2020.pdf

  • Are the courts still hearing child protection matters?

    Child Protection dockets started up again on April 15, 2020. Only agency counsel and lawyers for the parents will appear by teleconference. Parents can ask their lawyers to call them, so they can participate on speaker phone.

  • Are the courts still hearing child protection matters?

    As of January 14th, 2022, child protection dockets are running by teleconference. For more information on this process, see the Masters’ notice from April 7th, 2020 here.

    All child protection trials scheduled between January 10th and March 4th, 2022 will proceed by teleconference, if all parties are represented by counsel. All other trials will be cancelled and rescheduled. For more information, see the January 10th notice here.

     

  • Are the courts still hearing family law matters?

    All family matters set to proceed before a Master on or after May 25 will proceed. These matters may proceed remotely, for safety reasons.

    All family trials scheduled for May 26 or later will proceed as scheduled. Only people who are necessary to the trial will be allowed into court. Safety precautions will remain in effect at all court locations.

    For more information about whether your matter is proceeding, please contact your court centre:

    View website

  • Are the courts still hearing family law matters?

    Some family matters set to proceed before a Master will proceed remotely. For more information about how these matters will proceed, see the January 14th, 2022 Master’s notice here.

    Beginning January 14th, 2022, Maintenance Enforcement matters will be suspended in all regions, until at least March 4th.

    All family and child protection trials between January 10th and March 4th, 2022 will proceed by teleconference, if all parties are represented by counsel. All other trials will be cancelled and rescheduled. For more information, see the January 10th notice here.

    For more information about whether your matter is proceeding, please contact your court centre:

    View website

  • Are the courts still holding bail hearings?

    Yes. Bail hearings are being held remotely. Accused persons being held in custody are appearing by video, wherever possible.

    If you are applying to act as a surety for an accused person and want to address the court, speak to the accused person’s lawyer ahead of the bail hearing.

  • Are the courts still holding jury trials?

    All criminal jury trials scheduled between January 10th and March 4th, 2022 will be rescheduled.

    For more information, see the January 10th, 2022 notice here:

    https://www.manitobacourts.mb.ca/site/assets/files/1994/qb_notice_-_adjustments_to_current_scheduling_protocols_-_jan_10_to_mar_4_2022_for_the_court_of_queen_s_bench_gd_and_fd_2021_dec_24.pdf

  • Are the courts still scheduling court tours?

    No, as of March 16, 2020.