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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, called surviving spouse’s pension, orphan’s benefits, and death benefits. Contact CPP for more details:
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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Are hearings at the Manitoba Labour Board postponed?
As of June 21, the Manitoba Labour Board has resumed some of its in-person activities, including hearings. For more information, visit the Board’s website here:
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Are lawyers’ offices still open?
Many lawyers are working remotely, but are still working. You may have to call around.
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Are the courts hearing out of custody criminal matters?
As of April 1st, 2021, all judge-alone criminal trials in the Court of Queen’s Bench will proceed as scheduled and in person.
All out of custody trials and preliminary hearings taking place in one of the Provincial Court’s six main centres (Winnipeg, Portage la Prairie, Brandon, Dauphin, The Pas, and Thompson) will proceed as scheduled. Sentencings in Provincial Court will generally proceed by teleconference. Sentencings where jail time is possible may proceed in person.
Appearances for offences under The Provincial Offences Act and The Highway Traffic Act will be rescheduled to a date after May 3, 2021. You will be notified of the new date by mail. Fines can still be paid in the meantime.
PTC/PCC court (or “paper court”) appearances will be held over teleconference throughout April and May. 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 January 28, 2021 notice for instructions.
For more information, including information about circuit court reopenings, consult the most recent Provincial Court notice here, or the full list of Provincial Court notices here.
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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
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Are the courts still hearing child protection matters?
Child protection dockets are running. Child protection dockets from circuit courts will be held in the nearest court centre (Winnipeg, Thompson, The Pas, Dauphin or Portage la Prairie), on the same date the child protection docket was to take place in the circuit court. Only lawyers are allowed to appear in person, but are encouraged to do so by phone instead. Parents can participate by having their lawyers call them and put them on speaker phone.
Child protection trials will proceed as scheduled.
For more information, view the March 15, 2021 court notice here:
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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.
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Are the courts still hearing family law matters?
Most family matters set to proceed before a Master will proceed. These matters may proceed remotely, for safety reasons. For more information about how these matters will proceed, see the May 11, 2020 Master’s notice here. Maintenance Enforcement dockets are suspended until further notice.
All family trials will be heard as scheduled by video conference, if all parties are represented by counsel. All other trials will be adjourned to June 18, 2021 for rescheduling. For more information, see the March 17, 2021 notice here.
For more information about whether your matter is proceeding, please contact your court centre:
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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:
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Are the courts still holding bail hearings?
Yes. In order to reduce the number of people present in courtrooms, the court is allowing defence counsel and Crown counsel to make bail submissions by telephone wherever possible. 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.
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Are the courts still holding jury trials?
All jury trials scheduled between April 1 and June 25, 2021, will be presumed to proceed as scheduled. However, this situation may change as the COVID situation develops.
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Are the courts still scheduling court tours?
No, as of March 16, 2020.
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Are there any benefits that I can apply for if I have been laid off or terminated as a result of COVID-19?
There are various benefits available, including Employment Insurance and CERB.
Under CERB, you will receive $500 per week, for up to 16 weeks. This is taxable income. CERB has been extended. People who do not qualify for Employment Insurance, students, seasonal workers, people whose Employment Insurance has run out as of January 1, 2020, can apply.
You can apply online or by calling 1-800-959-2019 or 1-800-959-2041.If you qualify for Employment Insurance, and you will be unemployed for longer than 4 months, you should apply for EI. For the first 4 months, whether you apply under CERB or EI, you will receive $2,000 per month.