Frequently Asked Questions

  • Do I have to serve anyone else with documents for a variation of a court order?

    If you are trying to cancel arrears or suspend enforcement of support, you must serve the Director of Assistance in addition to the other parent.

    Maintenance Officer
    Employment and Income Assistance
    Department of Families
    300 – 114 Garry Street
    Winnipeg, Manitoba R3C 4V4
    Fax: (204) 948-4678

    If you are varying an order and requesting suspension of enforcement of support or arrears and the other party lives outside of Manitoba, then you must serve the designated officer at the Maintenance Enforcement Program (204-945-7133) in addition to the other parent.

    Attention: Designated Officer

    Maintenance Enforcement Program

    100 – 352 Donald Street

    Winnipeg, Manitoba  R3B 2H8

  • Do I have to serve anyone else with the documents for a variation of a court order?

    In addition to the other parent, you must also serve the Director of Assistance, if you are trying to cancel support arrears or suspend enforcement of support. If you are varying an order and requesting suspension of enforcement of support or arrears and the other party lives outside of Manitoba, then you must also serve the designated officer at the Maintenance Enforcement Program.

    Attention: Maintenance Officer

    Director of Assistance

    119 – 114 Garry Street

    Winnipeg, Manitoba   R3C 4V7

    Attention: Designated Officer

    Maintenance Enforcement Program

    100 – 352 Donald Street

    Winnipeg, Manitoba   R3B 2H8

  • Do I have to show the other party all the documents I list in my Affidavit of Documents?

    Schedule A of the Affidavit of Documents lists documents that you do not object to showing the other side. Schedule B lists documents that you have in your possession but you object to showing the other side because they are privileged. You must identify the document (date of document, subject matter, title) and say why you believe that the document is privileged. The grounds for privilege are solicitor-client, litigation or statutory privilege, and without prejudice communications. Schedule C lists documents that were relevant and formerly in your possession but you no longer have. You must give enough information identifying the document, state how you lost possession of the document, and give information about where the document is now.

  • Do I have to show the police my insurance when I am stopped while driving?

    You are required to show the police your automobile insurance, driver’s license, and proof of ownership if stopped while driving.

  • Do I have to show the police my insurance when I stopped while driving?

    You are required to show the police your automobile insurance, driver’s license, and proof of ownership if stopped while driving.

  • Do I lose my right to apply for spousal support because I left my spouse?

    No.

  • Do I need permission to appeal to the Manitoba Court of Appeal?

    Leave (permission from the court) is needed in certain cases. Leave is needed to appeal a decision that is based on a consent order or that is for an order of costs against a party. If the order of costs is against a lawyer, leave is not required to appeal. If you have to ask for leave, you will need to file a Notice of Motion for Leave to Appeal, an Affidavit, and the reasons for decision of the lower court judge.  You must also serve the motion and affidavit on the other party and will appear before a single judge of the Court of Appeal.

  • Do I need to give notice to my employer if I quit?

    Most of the time, yes. If you have been employed at your workplace for a year or longer, you must give at least two weeks’ notice. If you have been employed between 30 days and one year, you only need to give notice of one week. If you have been working for less than 30 days, you do not need to give notice.

    If you have an employment contract or collective agreement, you should check to see if it requires you to give more than two weeks’ notice to your employer.

    In some circumstances, you do not need to give your employer notice, for example if your employer has acted in an improper or violent manner toward you. For more information, visit: https://www.gov.mb.ca/labour/standards/doc,terminate-employment-after-apr-30-07,factsheet.html

  • Do I need to serve anyone else with family court documents?

    Depending on the type of court matter, you may need to notify certain third parties by serving them with court documents.

    For example, you must serve the Director of Child and Family Services if you are asking for a declaration of parentage.

    You must serve the Director of Assistance if you are asking for an order to cancel support arrears or suspend enforcement of support.

    An initiating pleading, such as a Petition, must generally be served within one year of when it was filed.

    See The Court of King’s Bench Rules, Rule 70.06(5) for specific service requirements.

    An initiating pleading is one that starts court proceedings.

  • Do my parents or grandparents have any other options to immigrate to Canada if the application is refused or I lose the appeal?

    Yes. Non-Canadians can apply under any immigration program to immigrate to Canada if they are qualified. If the Manitoba Provincial Nominee Program does not work, there are a number of federal application programs that may work.

  • Do the police need a warrant to arrest me?

    The police do not need a warrant to arrest an individual they find committing a criminal offence. They can also arrest without a warrant any individual who has committed an indictable offence, or if they believe, on reasonable and probable grounds, that the person is about to commit an indictable offence.

  • Does a not-for-profit organization have to incorporate in order to have charitable status?

    No. Charitable status means that for federal income tax purposes, your organization meets certain requirements and has certain rights and obligations. Not every not-for-profit organization has charitable status.

  • Does an Administrator of an estate have to be a resident of Manitoba?

    Yes.

  • Does my criminal record have to be destroyed at some point?

    The RCMP central repository must eventually destroy certain records. Other agencies may be able to keep their records indefinitely, subject to non-disclosure.

  • Does my employer need a reason to fire me?

    Your employer can fire you for just cause, meaning you broke your employment agreement or committed some type of misconduct (such as theft or neglecting your duties). However, your employer can also dismiss you without cause, provided they give you the appropriate amount of notice.

  • Does my employer need to give me notice before terminating me?

    Most of the time, yes. The amount of notice depends on how long you have worked for your employer:

      • Less than 30 days: no notice required
      • 30 or more days, but less than one year: One week’s notice
      • One year or more, but under three years: Two weeks’ notice
      • Three years or more, but under five years: Four weeks’ notice
      • Five years or more, but under 10 years: Six weeks’ notice
      • Ten years or more: Eight weeks’ notice

    Your employer has the option to allow you to work throughout your notice period, or to let you stop working at an earlier point and pay you for the difference in time you would have worked. For example, if you have worked at your job for more than ten years, your employer could choose to dismiss you immediately and pay you for eight weeks’ worth of wages, or have you work for four weeks and pay your wages for the remaining four weeks. This is called “payment in lieu of notice”.

    Notice is not required in certain circumstances, for example if you work in the construction industry or are dismissed for just cause.

  • Does my Executor have to be resident in Manitoba?

    No. Your Executor does not have to live in Manitoba. However, it is simpler for your Executor to carry out the duties of an Executor if he or she lives in the same province. Therefore, you should consider appointing an Executor that lives in Manitoba.

  • Does the family evaluator provide an affidavit for a family assessment report?

    No. Also, the assessment is placed on the “B” side of the court file, which means that it is only accessible to the parties, their lawyers, and the court. It is a report done for the benefit of the court and can be considered as evidence at a motion without being filed as part of an affidavit.

  • Does there have to be a reading of the will after someone dies?

    In Manitoba, there is no official reading of the will that takes place after someone dies. The Executor of the estate must make sure that the terms of the will are carried out. Often, the will is not read until after the funeral has taken place.

  • Doi-je server autres personnes avec des documents de la cour de famille?

    Selon le type de matière judiciaire, vous pourriez avoir besoin de notifier certaines autres personnes en leur servant des documents judiciaires. Par exemple, vous devez servir le directeur des services de l’enfant et à la famille si vous demandez une déclaration de filiation. Vous devez servir le directeur de l’emploi et aux revenues si vous demandez une ordonnance pour annuler les arriérés de soutien ou de suspendre l’exécution de soutien. Voir la Cour du Banc de la Reine, règle 70.06 (5) pour les besoins de services spécifiques:

  • Dois-je procéder à une audience orale ou une audience d’affidavit pour mon divorce non contesté?

    Ceci est votre choix personnel. Certaines personnes préfèrent ne pas avoir à aller au tribunal et choisissent de faire une audience d’affidavit qui nécessite simplement le dépôt d’un formulaire supplémentaire, l’affidavit de la preuve du (de la) requérant(e). D’autres préfèrent expliquer leur affaire en personne à un juge et prévoient une audience.

    S’il y a des enfants et aucune pension alimentaire n’est payée ou une quantité différente des lignes directrices de la pension alimentaire est payée, il serait une bonne idée de programmer une audience de sorte que vous pourriez expliquer les circonstances au juge. En vertu de la Loi sur le divorce, le juge doit être convaincu que la pension alimentaire pour enfant appropriée soit en place avant d’accorder un divorce. Si un juge ne ​​pense pas qu’il y ait suffisamment d’information dans l’affidavit de la preuve du (de la) requérant(e), le juge peut vous demander de déposer des preuves par affidavit supplémentaires ou vous demander de fixer une audience.