Frequently Asked Questions

No, Legal Aid does not cover wills and estates and other solicitor transactions like real estate and corporate/commercial matters.

Resources:

If you are a senior you can contact A & O Services for help to have a will, power of attorney or health care directive drafted.

A & O Services

200-280 Smith Street

Winnipeg, Manitoba

Phone: (204) 956-6440

Email:

Website:

You can also call law firms on your own and ask how much they charge for a will.

Victim/Witness Assistance can provide updates on the status of the case, pass on concerns about the case to the Crown Attorney, and assist you with court preparation. They can be contacted at (204) 945-3594 or 1-866-635-1111.

No, you don’t have to incorporate. There are different kinds of business arrangements. These include Sole Proprietorships, Partnerships and Corporations.

There are reasons why you might want to set up your business in each of these arrangements. To find out which is best for you, get advice from a lawyer. Once you decide how you want to set up your business, you can do it on your own or with the help of a lawyer.

It may take a while for Legal Aid to find you a lawyer. You can speed up the process by calling law firms and asking if one of their lawyers would accept your file through Legal Aid. If you find a lawyer to take your file, contact Legal Aid and let them know.

It is very important that you attend all of your upcoming court dates whether or not you have a lawyer.  If you have an upcoming court date, or if you urgently need a lawyer, contact Legal Aid  and let them know.

Yes. Businesses are not required to offer a refund or exchange policy. Unless the item is defective or inadequate for the purpose of which it was sold, the business does not have to consider taking the item back.

Yes. When you co-sign a loan, you are just as responsible for the loan as the person who received the money. If the person you signed for cannot or does not repay the loan, you will have to.

If you have concerns with the way your EIA worker is treating you, you can speak to an EIA supervisor. If you still feel your concerns are not being heard, you can contact the Fair Practices Office:

• Phone: 204-945-1047
• Toll-free: 1-800-282-8069 extension 1047
• Email:

If you feel a serious wrongdoing has occurred, you can also file a complaint with the Manitoba Ombudsman by filling out the online form here:  Ombudsman Complaint Form , or by calling one of the following numbers:

• Winnipeg: (204) 982-9130 or 1-800-665-0531 (toll-free)
• Brandon: (204) 571-5151 or 1-888-543-8230 (toll-free)
• Thompson: (204) 677-7270

If the pleadings are not closed, you can file a Requisition asking to file an amended Petition.

A Requisition is a form that asks the court to do something on your file. The amendment is made on the original Petition by making the changes and underlining them. If there is not enough room to make the changes on the Petition, you will have to file a new one with the changes. This new Petition will be called an Amended Petition and will have the original filing date on it.

The Amended Petition must be served again on the other party. If the other party did not respond to the Petition the first time that it was served, you must personally serve the Amended Petition. This means that the document must be given in person to the other party. However, you can’t be the one to personally serve them. You must get a third party, such as a friend, family member, or process server to give the other party the Petition, Petition for Divorce, or Notice of Motion to Vary.

If the pleadings are closed, you can only make amendments with the written consent of the parties or by asking for permission from the court.

Next Steps:

You can get all of the Court of King’s Bench Forms at this link.

If you do not need permission from the court, you can file a Requisition Form (Form 4E) requesting the amendments.

If you need to obtain leave (permission) from the court you will need to file a Notice of Motion (Form 70Q) and Affidavit (Form 4D) to proceed.

What you can do depends on why you got the eviction notice. If you didn’t pay the rent within 3 days of the rent being due, the landlord can give you an eviction notice. In this situation, your landlord can decide how long you have to move out, but must give you at least 24 hours from the time of giving notice.

5 days’ notice of eviction is enough in certain situations. These include:

• • When you have not kept your apartment to ordinary standards of health, cleanliness or sanitation and this causes an immediate risk to the health or safety of other tenants or the landlord
  • When you or someone you allow into the building causes an extraordinary disturbance to others in the building
  • When you cause extraordinary damage to the apartment or building

In most other situations, the landlord must give you notice of at least one rental payment period (usually a month).

If you think that the landlord didn’t give you enough notice, you should call or visit the Residential Tenancies Branch as soon as you get the eviction notice.

Maybe. The Public Trustee will investigate whether the Enduring Power of Attorney was properly executed and whether you have properly managed the donor’s affairs. If they are satisfied that you have served the donor’s best interests and will continue to do so, they can allow you to continue to act. If the Public Trustee has concerns and decides to act, the Enduring Power of Attorney will end automatically.

You must attend for fingerprinting regardless of whether you have been convicted of an offence or not. Attending for fingerprinting is a condition of your release and you must attend as directed. If you do not attend for fingerprinting, you could be charged and a warrant could be issued for your arrest.

You must attend for fingerprinting regardless of whether you have been convicted of an offence or not. Attending for fingerprinting is a condition of your release and you must attend as directed. If you do not attend for fingerprinting, you could be charged and a warrant could be issued for your arrest

If the terms of imprisonment are served consecutively they will be one after the other. Concurrent terms are served at the same time. Generally, a concurrent sentence is ordered where the offences were committed together and within a short period of time. Where the offences are totally unrelated and took place at different places and times, consecutive sentences are usually imposed. In such cases, the court must ensure that the total term is not excessive.

You can file a Renunciation of Probate form (Form 74O) with the court to remove yourself as the Executor of the estate. You can find the form online

No. Driver’s licensing is a separate matter from your criminal record. A pardon only has an effect on your criminal record.

You can revoke your Power of Attorney in writing at any time as long as you are competent. You may want to notify all of the institutions and organizations that may have a copy of the Power of Attorney document and let them know that it has been revoked.

Tell them that you are being threatened or attacked. Tell them whether the attacker is there or whether you think the attacker will come back. The police must know how urgent the call is. Try to speak clearly and give your name, address, and phone number. They will want to know:

• • If your life is in danger,
  • If you are injured,
  • If there are children present,
  • If there are any weapons being used or if some are easily available,
  • If there is any liquor or drugs involved, and
  • If the attacker is still there, or where the attacker is.

If you still qualify for Legal Aid, Legal Aid usually agrees to appoint a lawyer for new legal proceedings. However, if this has happened several times, it may be difficult to get another lawyer from Legal Aid. Legal Aid will look at each situation on a case by case basis. If you are in doubt, contact Legal Aid.

Yes. You have 7 days to cancel the contract, not including Sundays or holidays. To cancel the contract, you must give notice in writing to the gym, clearly saying that you are canceling the contract. You must personally give the notice to the gym at their business address or send it by registered mail to that address.

For more information, contact the Consumers Bureau at (204) 945-3800, toll-free outside of Winnipeg at 1-800-782-0067, or by emailing .

None. There is no “cooling off” period after you agree to buy a car from a dealer. Once you sign a contract to buy the car, you have to follow through with what you agreed to. If there is a problem, contact the dealer where you bought the car and explain it to them. They may be willing to deal with you. If you are still not satisfied, contact the Consumer’s Bureau. They might be able to help you find a solution that satisfies both you and the dealer.

You may ask for an itemized bill from your lawyer. If you are having a problem getting this, you can contact the Law Society of Manitoba for help.

Their website has a section dealing with complaints here

If you still have questions, you can contact them at:

Complaints Resolution Department at or call 204-942-5571.