Frequently Asked Questions

Yes. Tenants have an obligation not to interfere with the enjoyment of owners of their adjacent property. Contact the Residential Tenancies Branch for more information:

• • (204) 945-2476 or 1-800-782-8403
  • https://www.gov.mb.ca/cca/rtb/coverpagertb.html?

If your claim is for $15,000 or less, you can sue in Small Claims Court. To file a Small Claim, go to the local Small Claims Court office. You’ll have to fill in a form and pay a filing fee. If your claim is for an amount under $5,000 you must pay a $50 filing fee. If your claim is for an amount between $5,001 and $15,000, you must pay a $75 filing fee. A hearing date will be set for you when you hand in the form and pay the filing fee. Before the hearing date, you will have to provide a copy of the Claim to the person you are suing. You’ll get more information about how to do that when you file the claim. At the hearing, both you and the other party will have a chance to give your side of the story and to provide the Court with any evidence you have of the loan and any payments made.

For more information about Small Claims Court contact the Small Claims Court Office. A list of court locations can be found here:

http://www.manitobacourts.mb.ca/court-of-queens-bench/court-proceedings/small-claim-information-claims-filed-after-january-1-2015/ 

No. A lease is a legal contract that both the landlord and the tenant must follow.

If you can’t afford the rent, you may have to move out, but you are still responsible for the rent payments. It may be possible for you to sublet the apartment. This means that you find someone else who is willing to move in and pay the rent. The lease stays in your name and you are responsible for damage even if you’re not living there. The landlord must agree to the sublet. Or, you may be able to assign your lease. Again, the landlord would have to agree. You would find someone else who is willing to move in and pay the rent. The new tenant would take over the rest of the lease and is responsible for obligations under the lease. The landlord would collect a new security deposit from the new tenant.

You should find out whether there is a municipal by-law which might restrict the occupation of the house to only one family. In Winnipeg, contact Winnipeg City Hall Inquiries:

• • 510 Main Street
  • Winnipeg, Manitoba R3B 1B9
  • 204-986-2171

You should also consider signing a contract with the person who will be renting the room. The contract should deal with issues like how much rent will be paid, how long the agreement is for, how much notice must be given to end the agreement.

There is an implied warranty that retail goods are fit for the purpose for which they are sold, unless a specific defect was mentioned upon the sale. If the store refuses to address the problem, you can contact the Consumers’ Bureau of Manitoba for assistance or consider court action.

The Consumer Protection office can be contacted by phone at (204) 945-3800, toll-free (outside of Winnipeg) at 1-800-782-0067, or by email at .

There are certain exceptions to the general rule of no expiry dates for gift cards. If the gift card is for a specific good or service, like a manicure, there may be an expiry date provided. Also, if the gift card was given without any payment (i.e., promotional item) it also may contain an expiry date.

For more information, visit https://www.gov.mb.ca/justice/cp/cpo/info/cards.html

An offender who does not obey a specified condition can be charged with the offence of failing or refusing to comply with a probation order. The penalties for such an offence can include the imposition of further conditions, an extension of the order, or a fine or imprisonment. If the offender is convicted of another offence at any time during the probation period, the court may revoke the probation order and impose any sentence which could have been imposed for the original offence, change the conditions of the order, or extend its terms.

You can sue the buyer for the money owing in Small Claims Court. You can’t just take your car back.

To file a Small Claim, go to your local Small Claims Court Office. You’ll have to fill in a form and pay a filing fee. A hearing date will be set for you when you hand in the form and pay the filing fee. Before the hearing date, you will have to provide a copy of the claim to the person you are suing. You’ll get more information about how to do that when you file the claim. At the hearing both you and the buyer will have a chance to give your side of the story and to provide the Court with any evidence you have of the contract.

For more information about Small Claims Court contact the Small Claims Court office. A list of court locations can be found here: http://www.manitobacourts.mb.ca/site/assets/files/1672/small_claims_handout_-_english_final_feb_2018.pdf

You will have to take steps yourself to collect this money. The Court will not do it for you. After the hearing, you’ll get a Certificate of Decision in the mail. Once you have this, you can take steps to enforce the Decision and collect the money.

The most common way to enforce a decision for money is by garnishing the wages or bank account of the person who has to pay you. There are a few documents that you have to fill in to get a Garnishment Order. You can photocopy the forms at the Small Claims Court office for a small fee. There is also a $50 fee that you have to pay to get the Garnishment Order, but you can add these costs to the money you are owed and collect it back in the garnishment.

When you garnish wages, the Garnishment Order is in effect on the 1st Monday after you deliver it to the employer and it stays in effect for one year. There are rules about what part of the person’s wages the employer can pay out to the Court. If you are still owed money after the Garnishment Order expires, you must apply for a new notice of Garnishment basing it on the amount still owing. You are allowed to add your costs each time.

When you garnish a bank account, the Garnishment Order is only good on the day you deliver it to the bank. The bank will search for any and all accounts in the name of the person who is being garnished and will pay to the Court all the money found in those accounts up to the total amount in the Garnishment Order.

If garnishing does not work, there may be other ways to collect your money. For example, filing a Certificate of Judgment against real estate owned by the person who owes the money. You may also be able to have the sheriff seize and sell personal goods of the person who owes you money. Contact the Law Phone-In and Lawyer Referral Service Program, for more information on your options.

The letter is a request for civil damages. It is separate from any criminal proceedings and does not mean that you have been charged with any offence.

The letter is a request for civil damages. It is separate from any criminal proceedings and does not mean that you have been charged with any offence.

Maybe. In order to receive compensation, you would have to file a claim with the Workers Compensation Board of Manitoba (WCB). To make a claim, take the following steps:

1. 1. Report the injury to your supervisor as soon as possible, within 30 days. Fill out a Notice of Injury to Employer Keep a copy for yourself and leave one with your employer. Your employer must report the injury to WCB within five business days of receiving the notice. Your supervisor cannot prevent or discourage you from making a claim.
   2. Get medical treatment for your injury. Let your healthcare provider know you were injured at work. They will fill out paperwork that will help WCB process your claim.
   3. Report your injury to WCB by calling 204-954-4321 (toll-free 1-855-954-4321), or by filling out the online reporting form here.

The WCB will then assess your claim and decide whether or not you are eligible for compensation. If your claim is approved, you may be eligible to receive compensation for such things as lost wages, medication, and treatment costs.

If you lived in that other jurisdiction for at least one year before applying for divorce there, Canada will generally recognize the divorce.

Yes. Under The Divorce Act only one of the spouses must be resident here for at least one year.

You may opt in or out of the Maintenance Enforcement Program at any time. There may be a cost to opt back into the program.

You can find the MEP Form ”Authorization to Opt In” at the following link:

https://www.gov.mb.ca/justice/courts/mep/pubs/enroll23.pdf

If you both live in Manitoba, you have 20 days to file an Answer and dispute what your spouse is asking for. You can indicate in the Answer what you agree with and what you are contesting. You can also ask for your own relief in an Answer. If you want to respond to a Petition and also ask for a divorce when this was not requested by the other party, you would file an Answer and Petition for Divorce. You may also need to file a Financial Statement, depending on the circumstances.

You can get an Answer Form 70J here:

https://web2.gov.mb.ca/laws/rules/form_2e.php?form=70J

No one can be forced to provide a name, address, or other information, show identification, or go with a police officer to another location until an official arrest has been made. Exceptions to this rule are when a person is charged with an offence but has not actually been arrested, or if a person is detained when driving a vehicle. In such cases, the police have the right to find out your identity.

No one can be forced to provide a name, address, or other information, show identification, or go with a police officer unless they have detained you, which means they are preventing you from leaving. The police are allowed to detain you to investigate if they have reasonable grounds to believe you have committed an offence, but they must tell you in clear and plain language why they are detaining you and advise you of your right to speak with a lawyer. If you are detained and asked to provide information about your identity, you must provide it. If you are not sure if you are being detained or not, simply ask the police officer. They must tell you.

Exceptions to this rule are when a person is charged with an offence but has not actually been arrested yet, or if a person is detained when driving a vehicle. In such cases, the police have the right to find out your identity.

The Criminal Code limits the amount of the fine imposed for a summary conviction offence to a maximum of $2,000 for individuals and $100,000 for corporations. There is no limit to the amount of a fine imposed for an indictable offence.

No. You are not able to just drop the charges yourself. For such consideration, you must first contact the Victim Services Domestic Violence Unit at (204) 945-6851 or 1-866-484-2846 (toll-free outside of Winnipeg). They will listen to your concerns and opinions regarding the charge and prosecution and they will then provide the Crown Attorney with a report. In the end, the Crown Attorney will decide whether to prosecute or to drop the charges.

Yes, you can appeal the decision to deny the stay to the full panel of judges at the Court of Appeal.