Frequently Asked Questions

Yes. You can file a Petition (Form 70B) and apply for relief under a separation, rather than a divorce. The court can make a number of orders including orders for child and spousal support and parenting orders. You do not have to apply for a separation before you proceed with a divorce.

If you are intending to eventually divorce, you may want to start the court process by filing a Petition for Divorce (Form 70A) instead.

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

No, brothers, sisters and children cannot co-sponsor. If you have a problem meeting the minimum necessary income, it may be best to figure out which of your siblings or children is willing and best qualified to be a sponsor.

If you are not qualified as a sponsor, your parents’ or grandparents’ Visa will be refused. However, because this is a Family Class application, you may be able to appeal the refusal to the Immigration Appeal Division of the Immigration and Refugee Board.

The Immigration Appeal Division acts like a court for immigration appeals. Even if you are not qualified as a sponsor, your parents may still be approved on what are called “humanitarian and compassionate grounds” by the Immigration Appeal Division.

If you are not released after a bail application, you may apply at a later date for bail review in a higher court (the Court of King’s Bench or the Court of Appeal).

Your estate will go to the Crown.

Legal fees are difficult to estimate. Lawyers often charge by the amount of time spent on a case.

Many lawyers charge an hourly rate, which may depend on the experience of the individual lawyer. There is no standard rate for all lawyers.

Some lawyers may offer a flat-rate for matters like simple wills or when you are buying or selling a home.

Some lawyers may agree to a contingency fee arrangement.  The lawyer will charge a percentage of a final settlement amount as his or her fee.  You will still have to pay expenses like filing fees and charges for reports, as the case goes along.

There are some lawyers who are prepared to charge for portions of the legal work, for example drafting some of the court forms or coaching if you will be going to court.  These are called unbundled fees.

It is important to ask your lawyer about their rates and fee structures.

Examples of useful things to bring:

• • Identification for you and your children, such as birth certificates, your social insurance number, driver’s license, immigration papers, or treaty card
  • Legal documents, such as your mortgage or lease or information about loans or assets that you have
  • Keys for your house, car, or safety deposit box
  • Personal items like clothing and toiletries
  • Things for your children, like clothing, favourite toys, medicine, diapers, or bottles

If you and your partner lived together after the birth of the children, you are presumed to have equal rights to your children, unless a parenting order says otherwise. In a crisis situation, you may take the children if you think it’s best for them, but be sure to seek legal advice as soon as possible. If you can’t take your children with you when you leave, you should see a lawyer immediately about applying for a parenting order. If you delay, the court may not want to change the children’s situation. The court must do what is the best for the children, and stability is very important for children.

Yes. You do not have to have one hired before you file an appeal. If you have not yet hired a lawyer or representative, you can always hire one later. What is important is that you file the appeal on time.

No. Citizenship and Immigration Canada specifically states that individuals who were adopted and then get their adoption revoked for the purpose of sponsoring a biological parent will not be allowed to do so.

In general, you do not need your own lawyer for the criminal charges against your partner or ex-partner. Although you are the victim of the crime, it’s the Crown Attorney, on behalf of the Province of Manitoba, who prosecutes the charges. You may need a lawyer in certain situations. If you think you will have to answer any questions in court that may incriminate you, you should contact a lawyer. Incriminating questions involve facts about your own actions that may have been criminal.

No. A trial is needed only if the accused person pleads not guilty. If your partner or ex-partner pleads guilty, the court will proceed directly to a sentencing without holding a trial.

If a co-sponsor’s sponsorship is withdrawn because of divorce, separation or any other reason, an assessment will be made to see if you make the minimum necessary income. If you do not make the minimum necessary income on your own, your sponsorship application will be refused.

Yes. The respondent has 30 days to file a factum after they are served with appellant’s factum, and a further five days to serve the factum on the other party if a transcript is required. If no transcript is required, then the respondent’s factum should be filed and served within 30 days after being served with the appellant’s factum.

There are a number of situations in which you can evict a tenant. You can evict a tenant if:

• • The tenant fails to pay the rent within 3 days after it was due. If this happens, you may give the tenant notice terminating the tenancy on the day the rent was due. The notice must follow a prescribed form, and must include the amount of rent that was unpaid, the date by which the tenant must be moved out, and notice that the tenant is allowed to dispute the termination. If you accept a late payment of rent, you lose the right to terminate the tenancy unless you state in writing that you still intend to treat the tenancy as terminated at the time you accept the late payment.
  • The tenant changes the locks on the doors or otherwise prevents you from having reasonable access to the rental unit.
  • The tenant keeps the rental unit so dirty that it is a health or safety hazard.
  • The tenant causes damage and doesn’t repair or pay you for it.
  • The tenant disturbs other tenants’ use and enjoyment of the building.
  • The tenant sublets the rental unit without your consent.
  • The tenant allows overcrowding of the unit, so that it violates health or safety standards.
  • The tenant says untrue things about the unit to a possible tenant or buyer.

For more information about the rules for evictions, contact the Residential Tenancies Branch at (204) 945-2476 or 1-800-782-8403. Their website is at https://www.gov.mb.ca/cca/rtb/coverpagertb.html?.

A will that is totally written in the maker’s handwriting, is signed and is dated is legal in Manitoba. This is called a holograph will.

Holograph wills do not have to be witnessed by anybody.

Because problems often there are problems with holograph wills, they should only be used in emergency situations.

You may want to talk to a lawyer before making a holograph will to make sure that your wishes are clearly stated.

If the holograph will must be probated, the Probate Court will usually require an affidavit from someone who can verify the maker’s handwriting.

Resources:

Holograph Wills Video

In most cases accused young people are held separately from adults. The only exceptions to this are if the young person’s safety or the safety of others would be jeopardized by holding the youth in a youth detention facility, or if there is no suitable place within a reasonable distance.

Yes. However, the onus is on the Crown Attorney to show why an adult sentence should be imposed.

Executors can be paid an amount from the estate. This amount must be fair and reasonable based on how complex the estate is. The amount may be a percentage of the estate’s value. Disputes about the amount that an Executor is to be paid can be decided by the court.

In court, a person is innocent until proven guilty. Your partner or ex-partner does not have to prove they are innocent and does not have to give evidence in their defence.

If your partner or ex-partner pleads not guilty, they will not be convicted unless guilt is proven in court beyond a reasonable doubt – even if you know you have been abused. It is the Crown Attorney’s job to present evidence strongly enough to convince the judge that the accused is guilty beyond a reasonable doubt. Often, in cases of domestic violence, there are no witnesses to the crime. The only evidence is your story against your partner or ex-partner’s story.

An acquittal (a finding of “not guilty”) does not mean that the judge doesn’t believe you. It just means that the judge didn’t have enough evidence to find the accused guilty beyond a reasonable doubt.

No, but there are rules that you have to follow about how and when you can evict a tenant. Also, if your tenant has a child in school, you may not be able to evict during the school year in some cases.