Court

Frequently Asked Questions

  • Is there a difference between the Court of King’s Bench and the Court of Queen’s Bench?

    The only difference is the name; it is the same court. When the reigning monarch is male, it is called the Court of King’s Bench, and when the reigning monarch is female, it is the Court of Queen’s Bench. When Queen Elizabeth II died on September 9, 2022, the court automatically changed its name back to the Court of King’s Bench, which it had not been called since 1952.

  • Are the courts still hearing family law matters?

    Starting March 7th, 2022, the Family Division will begin hearing trials and certain other matters in person. This will be the first step in a gradual lifting of restrictions that will end with a full return to pre-pandemic practices in September of 2022.

    For more details, see the March 1st court notice here:

    https://www.manitobacourts.mb.ca/site/assets/files/1994/qb_notice_-_adjustments_to_current_scheduling_protocols_march_7_2022_until_further_notice_2022_march.pdf

  • Are the courts still hearing child protection matters?

    Starting March 7th, 2022, child protection trials, intake lists, and pre-trial conference lists will proceed in person. This will be the first step in a gradual lifting of restrictions that will end with a full return to pre-pandemic practices in September of 2022.

    For more details, see the March 1st court notice here:

    https://www.manitobacourts.mb.ca/site/assets/files/1994/qb_notice_-_adjustments_to_current_scheduling_protocols_march_7_2022_until_further_notice_2022_march.pdf

     

  • 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?

    Starting March 7th, 2022, all jury trials will resume in person.

    For more details, see the March 1st court notice here:

    https://www.manitobacourts.mb.ca/site/assets/files/1994/qb_notice_-_adjustments_to_current_scheduling_protocols_march_7_2022_until_further_notice_2022_march.pdf

  • Are the courts hearing out of custody criminal matters?

    All out of custody criminal trials in the Court of King’s Bench will resume in-person starting March 7th, 2022. For more details, see the March 1st court 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 February 18, 2022 notice here.

    The Provincial Offences court office at 373 Broadway in Winnipeg is once again open to the public as of February 28, 2022, and matters may be heard in person. For more information, see the February 18, 2022 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 scheduling court tours?

    No, as of March 16, 2020.

  • Is the Court of Appeal still hearing matters?

    As of March 14th, 2022, the Court of Appeal will once again begin hearing appeals and motions in person.

    For more information, view the March 1st, 2022 court notice here:

    https://www.manitobacourts.mb.ca/site/assets/files/1995/ca_notice_march_1_2022.pdf

  • Who is allowed to be in the courtrooms?

    As of March 16th, only lawyers, litigants, accused, witnesses, victim service workers and members of the media will be allowed into courtrooms.

    As of August 6th, 2021, everyone in a public area of a courthouse is required to wear a mask. You may also be required to wear a mask in a courtroom, although this is up to the judge. For more information, read the notice found here.

  • Where can I find information about court closures across Canada?

    Helpful compilation on court closures and restrictions across Canada:

    View website.

  • 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 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.

  • Where can I find information on court cases and do research for my case?

    CanLII (or The Canadian Legal Information Institute) is a not-for-profit organization managed by the Federation of Law Societies of Canada. CanLII has a free database of legal information, including cases from each province and territory in Canada. You can search court decisions of various levels of court, tribunals, and administrative and regulatory bodies. There are also statutes and regulations available on the website, and legal commentary.

    The Manitoba section of CanLII has court cases from the Manitoba Court of Appeal, Court of King’s Bench, and Provincial Court. There are decisions available from the Manitoba Human Rights Commission, Manitoba Labour Board, Manitoba Securities Commission, Manitoba Health Appeal Board, Labour Arbitration Awards, College of Physicians & Surgeons of Manitoba Discipline Committee, and the Manitoba Law Society Discipline Committee.

    CanLII

    http://www.canlii.org/en/mb/

    The E.K. Williams Law Library at Robson Hall has a collection of legal resources available to the public. They are located at 224 Dysart Road at the University of Manitoba and can be reached at 204-474-9995.

  • How do I make sure that a witness will attend court?

    If you want to make sure that a witness will be at trial, you can serve them with a subpoena (Form 53A). The subpoena can be used to make sure the witness attends trial and brings relevant documents in the witness’ possession. The subpoena must be served personally on the witness and attendance money must be paid at the time of service. Tariff B of The Court of King’s Bench Rules sets out the amount of attendance money. If the witness does not show up after being properly served with a subpoena, the trial judge can issue a warrant for the witness’ arrest.

    The Court of King’s Bench Rules, Tariff B

    http://web2.gov.mb.ca/laws/rules/qbr2e.php#tb

  • Where can I find information on court fees?

    Court fees are set out on the Manitoba Courts Website:
    Some common fees include $160 to file a Petition for Divorce, including a Central Divorce Registry search, $150 to file a Petition, $35 to file an Answer, $150 for a Notice of Application, and $35 for a Notice of Motion.
  • Where can I obtain court forms for Manitoba?

    Court forms can be obtained at the Law Courts Building at 408 York Avenue in Winnipeg or online at:

    http://web2.gov.mb.ca/laws/rules/forms_e.php