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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?
Starting March 16, 2020, hearings at the Manitoba Labour Board were postponed. Mediations and case conferences are being held by teleconference. The Board may also consider adjourning mediations and case conferences. You can electronically file Applications, complaints, interventions, referrals, requests, appeals, and other submissions. The Board temporarily will not require a statutory declaration for filed material. Also, they may consider extensions of time for filing replies and responses in some cases.
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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 pre-trial conferences similar to case conferences?
Some judicial centres in the province have case conferences and some have pre-trial conferences. In the case management system, the case management judge will perform all pre-trial functions. When case management is not available, you will have to schedule a pre-trial before you can set a trial date. A pre-trial conference can be scheduled by a party at any time in the proceedings.
A pre-trial offers the same opportunity as a case conference to discuss settlement. If a settlement can’t be reached the court will make sure that proper steps are taken to get the matter ready for trial. For both case conferences and pre-trial conferences, the judge at the conference will not be the same judge to hear a motion or the trial unless the parties agree.
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Are the courts hearing out of custody criminal matters?
Beginning June 1st, courts across the province will gradually resume hearing out of custody matters such as trials, dispositions, and dockets. The courts will remain closed to the general public, and special safety measures will remain in place in all court locations.
If you have a court date scheduled for June 1st or later, please contact your lawyer or the courthouse to find out if you need to be there:
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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 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 started up again on April 15, 2020. Only agency counsel and lawyers for the parents will appear by teleconference. Parents can participate by having their lawyers call them and put them on speaker phone.
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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?
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 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?
No. There will be no new jury trials until after June 30th. Cases will be decided either by a judge alone or rescheduled.
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Are the courts still scheduling court tours?
No, as of March 16, 2020.