Frequently Asked Questions

A landlord may attempt to raise your rent every year as long as they provide notice at least three months before your lease is up. The notice must set out:

• • the amount of rent you currently pay,
  • the intended increase in rent and the date that it is effective,
  • the maximum rent increase set out in the regulations,
  • a statement of the three month notice requirement, and
  • information on the option to dispute the rent increase.

Yes, a will made in another province is valid in Manitoba. The laws of the province in which land is located govern the validity of the will regarding land. With a few exceptions, the laws of the province in which you live when you pass away govern the validity of the will regarding the rest of your property.

Your will is still valid if you get divorced. However, unless you specify otherwise, if you leave property to your former spouse or if you appoint your former spouse as Executor or trustee, your former spouse is treated as if your former spouse died before you.

The directors of an organization must call a meeting within 18 months of when the organization was incorporated. After that first meeting, the directors must call a meeting at least every 15 months from when the last meeting was held. Usually, annual general meetings are held approximately every 12 months. Notice of this annual general meeting must be given at least 21 days and not more than 50 days before the meeting takes place.

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

Hearings for eviction for late rent payment were temporarily paused. Orders of Possession for impairment of safety or unlawful activity were always being scheduled. However, the Residential Tenancies Branch is now scheduling all hearings, including those dealing with late rent payments as of October 1, 2020.

There is usually a $25 fee for applying for Legal Aid.

In certain cases, for example, if you are on social assistance (EIA), a full-time student, in a women’s shelter or a mental health facility, the fee can be waived.

Let Legal Aid know if you are not able to pay the fee.

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.

The Court of Appeal is usually the final level of appeal available. The highest court is the Supreme Court of Canada, but you are not guaranteed an appeal to that court. You must apply for leave (permission) to appeal and demonstrate that your case is of public importance or of a nature or significance that the Supreme Court should hear it. You must file a written application for leave to appeal with the court.

The Supreme Court of Canada has resources and forms for self-represented litigants on their website:

https://www.scc-csc.ca/unrep-nonrep/index-eng.aspx

Under the Youth Criminal Justice Act, a youth justice court is the only court that can deal with an offence committed by a young person. If the young person is found guilty, the court may impose either a youth sentence or an adult sentence.

The Manitoba Child Support Service can make an initial child support calculation decision. This is done outside of court.  You would provide the Child Support Service with information on the parents, children, incomes, and custody arrangements. It can take between 45-90 days to receive a decision from the Service once you have applied. When you receive a child support calculation decision, it can also be registered with the Maintenance Enforcement Program so that they can enforce payments. You can get an Application for a Child Support Calculation Decision here:

Child Support Service

Room 201-373 Broadway,
Winnipeg MB, R3C 4S4
(204) 945-2293

Once you have started a proceeding by filing a Petition or Petition for Divorce you can apply for an interim order by filing a Notice of Motion and an Affidavit. An interim order is an order of the court intended to decide matters until a final order can be made at trial. Matters such as parenting arrangements often need quick attention by the court when the parties can’t reach an agreement. Interim orders are enforceable in the same way as a final order and they can be extremely important. They may establish a status quo (the way things are currently) that might be difficult to overturn in future court proceedings.

Parenting arrangements, child and spousal support, occupancy of the home, preservation of property orders, and protection and prevention orders are the types of orders that are commonly granted on an interim motion.

Because of changes to the family court system on February 1, 2019, a motion for a parenting order can’t generally be heard by the court until after the triage conference.

1.To get a triage conference date, you must first attend triage screening court by filing the following forms:

Request for Triage Conference (Form 70D.2)

Certificate of Prerequisite Completion (Form 70D.3)

Triage Brief (Form 70D.4)

2. To get a Certificate of Prerequisite Completion, you must file proof that you attended the For the Sake of the Children Parent Information Program, or you must confirm that you are applying for a variation of a parenting agreement where attendance at the program is not required.

You also do not need to take the course if:

• You are dealing with an inter-jurisdictional proceeding,
• You are just filing a parenting order by consent,
• Your matter is not opposed, or
• The other party has been noted in default.

3. These forms are supposed to be filed and served on the other party at least 14 days before the proposed triage screening court (Tuesdays at 9:00 a.m.).

4. At triage screening court, the coordinator will review your file and make sure that the required prerequisites have been completed. If they are satisfied, a triage conference date will be set.

5. If some of the prerequisites have not been met, then the coordinator will let you know what needs to be completed to set a date.

6. If there is a dispute between the parties about the prerequisites, you can schedule a motion before a Master for assistance.

Resources:

The Government of Manitoba has a family law website that has information on Family Division court procedures at this link.

They also have Client Guides who will help with family law related issues. Their services are free. They can be reached at:

(204) 945-2313 or toll free at 1-844-808-2313

Once you have started a proceeding by filing a Petition or Petition for Divorce you can also apply for an interim order by filing a Notice of Motion and an Affidavit. An interim order is an order of the court intended to decide matters until a final order can be made at trial. Matters such as support often need quick attention by the court when the parties can’t reach an agreement. Interim orders are enforceable in the same way as a final order and they can be extremely important. They may establish a status quo (the way things are currently) that might be difficult to overturn in future court proceedings.

Parenting arrangements, child and spousal support, occupancy of the home, preservation of property orders, and protection and prevention orders are the types of orders that are commonly granted on an interim motion.

Due to changes to the family court system on February 1, 2019, a motion for support can no longer be heard by the court until after the triage conference. To get a triage conference date, you must first attend triage screening court by filing the following forms:

Request for Triage Conference (Form 70D.2)
http://web2.gov.mb.ca/laws/rules/form_2e.php?form=70D.2

Certificate of Prerequisite Completion (Form 70D.3)
http://web2.gov.mb.ca/laws/rules/form_2e.php?form=70D.3

Triage Brief (Form 70D.4)
http://web2.gov.mb.ca/laws/rules/form_2e.php?form=70D.4

These forms are supposed to be filed and served on the other party at least 14 days before the proposed triage screening court (Tuesdays at 9:00 a.m.). At triage screening court, the coordinator will review your file and make sure that the required prerequisites have been completed. If they are satisfied, a triage conference date will be set. If some of the prerequisites have not been met, then the coordinator will let you know what needs to be completed to set a date. If there is a dispute between the parties about the prerequisites, you can schedule a motion before a Master for assistance.

Resources:

The Government of Manitoba has a family law website that contains information on Family Division court procedures at the following link:

https://www.gov.mb.ca/familylaw/

They also have Client Guides who provide free assistance with family law related issues. They can be reached at:

(204) 945-2313 or toll free at 1-844-808-2313

Legal Aid has lawyers on call 24 hours a day. If you have been arrested, let the police know you wish to speak with a Legal Aid lawyer and they will put you in touch.

The Province of Manitoba has prepared a Health Care Directive form

It is a good idea to talk to your family doctor and discuss medical wishes that you may be considering for your Health Care Directive.

The Canadian Federation of Independent Business (CFIB) has set up a website: COVID-19 Small Business Help Centre

They also have frequently asked questions on:

• Agri-Food Sector
• Business Credit Availability Program (BCAP)
• Canada Emergency Business Account (CEBA)
• Canada Emergency Response Benefit (CERB)
• Canada Emergency Wage Subsidy (CEWS)
• Canada Summer Jobs Program
• Employee Travel
• Employment Insurance
• Farmers
• Federal support programs
• Health and Safety
• Not enough work for employees
• Rent, supplier and other payments
• ROE (Record of Employment)
• SUB plans or Top-up plans
• Taxes – filing and deferrals
• Worksharing Program

The Manitoba Government has also announced help for businesses, including extending filing deadlines for Retail Sales tax, not charging interest or penalties for Manitoba Hydro, Centra Gas, Workers Compensation Board and Manitoba Public Insurance, not disconnecting Manitoba Hydro and Centra gas customers, relaxing MPI policy renewal and collection practices, not charging interest on Manitoba Liquor and Lotteries receivables and not charging interest on education property taxes.

The Manitoba Government has announced the Manitoba Gap Protection Program.  The program provides a $6,000 in non-interest bearing forgiveable loan for small businesses not eligible for federal programs.  Deadline to apply is July 31, 2020.

Link

A new call centre to help businesses, not-for-profits and charities is being launched.

https://www.gov.mb.ca/covid19/business/index.html

The Manitoba Chamber of Commerce also has information about resources offered by the Province of Manitoba and Government of Canada.

The court may consider a child’s wishes when making a parenting order, but they must take the age and maturity of the child into account. This means the court will generally pay more attention to the wishes of an older child than a younger one. In any case, the child’s wishes are just one of many factors the court will consider when deciding what is in the child’s best interests.

The Brief Consultation Service offers a service where the wishes and concerns of children between the ages of 11-17 are told to a family relations counselor. The counselor prepares a report for the court. The Brief Consultation Service can be contacted through the Family Resolution Service.  To use the service, call 204-945-2313 (in Winnipeg) or 1-844-808-2313 (toll-free outside Winnipeg), or email .

You may be required to attend the For the Sake of the Children Program.  The program provides information about the needs of children upon separation and helps parents understand the legal and emotional process that they are going through.

Next Steps:

1. You must take the For the Sake of the Children course before you can get a date for a triage conference. As a result of changes to the family court system on February 1, 2019, a motion for parenting arrangements can’t be heard by the court until after the triage conference.
2. To get a triage conference date, you must first attend triage screening court by filing the following forms:

Request for Triage Conference (Form 70D.2)

Certificate of Prerequisite Completion (Form 70D.3)

Triage Brief (Form 70D.4)

3. To get Certificate of Prerequisite Completion, you must file proof that you attended the For the Sake of the Children Parent Information Program, or you must confirm that you are applying for a variation of custody or access where attendance at the program is not required.

You also do not need to take the course if:

• You are dealing with an inter-jurisdictional proceeding
• You are just filing a parenting order by consent,
• Your matter is not opposed, or
• The other party has been noted in default.

4. These forms are supposed to be filed and served on the other party at least 14 days before the proposed triage screening court (Tuesdays at 9:00 a.m.).
5. At triage screening court, the coordinator will review your file and make sure that the required prerequisites have been completed. If they are satisfied, a triage conference date will be set.
6. If some of the prerequisites have not been met, then the coordinator will let you know what needs to be completed to set a date.
7. If there is a dispute between the parties about the prerequisites, you can schedule a motion before a Master for assistance.

Resources:

The Government of Manitoba has a family law website that has information on Family Division court procedures at this link.

They also have Client Guides who help with family law related issues. Their services are free. They can be reached at:

(204) 945-2313 or toll free at 1-844-808-2313

Community programs may be able to help you with your application. For example, if you are a newcomer to Canada, Settlement Services with Immigrant Centre can help give you information about the EIA application process. The Community Unemployed Help Centre is another resource that helps people with the EIA process.  You can also contact Legal Aid’s Advocacy Unit.

Resources:

• Immigrant Centre
  • 100 Adelaide Street
  • Winnipeg, Manitoba
  • R3A 0W2 Canada
  • Phone (204) 943-9158
  • https://www.icmanitoba.com/
• Community Unemployed Help Centre
  • 501-275 Broadway
  • Winnipeg, Manitoba R3C 4M6
  • Phone: 204-942-6556
  • Toll Free: 1-866-942-6556
  • Email:
• Legal Aid Manitoba – Advocate Unit
  • 100 – 287 Broadway
    
  • Winnipeg, MB R3C 0R9
    
  • Phone:  204-985-8540, Toll-Free:  1-800-261-2960
  • Fax:  204-985-8544
  • EIA matters: 
  • Tenancy matters: 

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

If you move out, you are still responsible for the rent for the remainder of the lease. See what arrangements you can make with your landlord. 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.

Vous aurez également besoin de préparer une réquisition pour noter le jugement par défaut, de planifier une audience orale ou un affidavit, de remplir un affidavit de la preuve du (de la) requérant(e) (si vous procédez de cette façon), trois copies d’un jugement de divorce, l’affidavit de signification, ainsi que deux enveloppes adressées et timbrées, une pour vous et l’autre pour votre conjoint(e). Le tribunal enverra le jugement de divorce lorsque celui-ci soit signé par le juge.

Vous pouvez obtenir les formulaires de la cour au lien suivant:

• • https://web2.gov.mb.ca/laws/rules/forms_f.php

Vous ne pouvez pas déposer la réquisition pour noter le jugement par défaut jusqu’à ce que le délai pour déposer une réponse soit arrivé à terme. Le temps dépend de l’endroit où habite votre conjoint(e). Si votre conjoint(e) vit au Manitoba, votre conjoint(e) a 20 jours pour déposer une réponse. Vous pouvez déposer la réquisitionqui fixe une audience orale ou un affidavit lorsque le tribunal reçoit un certificat du Bureau d’enregistrement des actions en divorce, qui confirme qu’aucun des parties a demandé le divorce ailleurs au Canada. Le tribunal fera une demande pour ce certificat pour vous une fois que vous aurez déposé votre requête en divorce. Le certificat pourrait prendre plusieurs semaines à arriver.