For a partnership, sole proprietorship or association 4.07(6) Where these rules require an affidavit to be made by a party that is a partnership, sole proprietorship or association, the affidavit may be made for the partnership, sole proprietorship or association by a partner, proprietor, member or employee. 130/2017 NOTING PARTY UNDER DISABILITY IN DEFAULT No default without leave of judge 7.07(1) Where a party is under disability at the time an originating process is served on the party, default may not be noted under Rule 19 without leave of a judge. Failure to disclose 8.05(2) Where a partnership fails to comply with a notice under subrule (1), its claim or defence as against the party who served the notice may be dismissed or struck out, or the proceeding may be stayed. 130/2017 Effect of failure to disclose 20A(24) Subject to subrule (25), at the trial of an expedited action, a party may not call a person as a witness unless the person's name and summary of material evidence have been provided in accordance with subrule (20) within the time period provided by subrule (23), or as soon as practicable after the witness has been identified. WITHDRAWAL BY DEFENDANT Notice of withdrawal 23.04(1) A defendant may withdraw all or part of the statement of defence with respect to any plaintiff at any time by filing, and serving on all parties, a notice of withdrawal of defence (Form 23B), but, (a) where the defendant has crossclaimed or made a third party claim, leave to withdraw must be obtained from the court; and (b) where the defendant seeks to withdraw an admission in the statement of defence, rule 51.05 (withdrawal of admission) applies. 130/2017 [For additional historical information, see the note after this Rule.] Presumption of significant prejudice 24.01(2) If the court finds that delay in an action is inordinate and inexcusable, that delay is presumed, in the absence of evidence to the contrary, to have resulted in significant prejudice to the moving party. Crossclaim 25.04(5) The time for filing and serving pleadings in a crossclaim is prescribed by Rule 28.Incapable of writing name 4.07(7) Where it appears to a person taking an affidavit that the deponent is incapable of writing his or her name, the person shall certify in the jurat that the affidavit was read in the person's presence to the deponent, that the deponent indicated his or her understanding of it, and that the deponent placed his or her mark on it in the presence of the person taking the affidavit. 130/2017 [For additional historical information, see the note after this Rule.] Removal of litigation guardian, committee, attorney or substitute decision maker in a legal proceeding 7.06(2) Where it appears to the court that a litigation guardian, committee, attorney or substitute decision maker is not acting in the best interests of the party under disability or is disqualified from acting by virtue of having interests adverse to the incapable person, the court may substitute the Public Guardian and Trustee or any other person to act as litigation guardian of the party under disability. ENFORCEMENT OF ORDER Against partnership property 8.06(1) An order against a partnership using the firm name may be enforced against the property of the partnership. 130/2017 Time for disclosing required information 20A(23) The information required under subrule (20) (a) must be served by the plaintiff on every other party within the later of the following periods: (i) 60 days after the close of pleadings, (ii) 60 days after any examinations for discovery permitted under this Rule have been completed; and (b) must be served by a defendant on every other party, within 60 days after receiving the plaintiff's information required under subrule (20). Withdrawal of whole defence 23.04(2) Where a defendant withdraws the whole of the statement of defence, the defendant shall be deemed to be noted in default. 146/90 RULE 24 DISMISSAL OF ACTION FOR DELAY MOTION FOR DISMISSAL FOR DELAY Dismissal for delay 24.01(1) The court may, on motion, dismiss all or part of an action if it finds that there has been delay in the action and that delay has resulted in significant prejudice to a party. Third party claim 25.04(6) The time for filing and serving pleadings in a third party claim is prescribed by Rule 29.
COURT MAY DISPENSE WITH COMPLIANCE 2.03 The court may, only where and as necessary in the interest of justice, dispense with compliance with any rule at any time. 130/2017 RULE 3 TIME COMPUTATION 3.01 In the computation of time under these rules or an order, except where a contrary intention appears, (a) where there is a reference to a number of days between two events, they shall be counted by excluding the day on which the first event happens and including the day on which the second event happens, even if they are described as clear days or the words "at least" are used; (b) where a period of less than seven days is prescribed, holidays shall not be counted; (c) where the time for doing an act under these rules expires on a holiday, the act may be done on the next day that is not a holiday; and (d) service of a document, other than an originating process, after 5 p.m., or at any time on a holiday, shall be deemed to have happened on the next day that is not a holiday.Consent in writing 3.02(3) A time prescribed by these rules for serving or filing a document may be extended or abridged by consent in writing.WHEN PROCEEDINGS MAY BE HEARD Hearings throughout the year 3.03(1) Proceedings may be heard throughout the year, except that during July and August and from December 24th to the following January 6th, both dates inclusive, no trial of an action shall be held except with leave of the court.Manitoba Regulation 553/88 Court of Queen's Bench Rules This version consolidates the following amendments: 150/89; 25/90; 31/90; 146/90; 31/91; 155/91; 240/91; 12/92; 13/93; 14/94; 67/94; 127/94; 214/94; 98/95; 182/95; 42/96; 184/96; 185/96; 186/96; 201/96; 229/96; 26/97; 187/97; 228/97; 6/98; 160/98; 69/99; 120/99; 158/99; 159/99; 160/99; 66/2000; 50/2001; 32/2002; 121/2002; 151/2002; 204/2002; 205/2002; 43/2003; 167/2003; 104/2004; 106/2004; 120/2004; 188/2004; 207/2004; 11/2005; 12/2005; 48/2005; 92/2005; 93/2005; 120/2006; 199/2006; 67/2007; 76/2007; 13/2008; 14/2008; 87/2008; 88/2008; 148/2009; 149/2009; 18/2010; 27/2010; 28/2010; 69/2010; 139/2010; 140/2010; 162/2011; 177/2011; 215/2011; 60/2012; 128/2012; 134/2012; 54/2014; 258/2014; 271/2014; 17/2015; 98/2015; 164/2015; 165/2015; 23/2016; 160/2016; 161/2016; 162/2016; 163/2016; 130/2017; 143/2017; 11/2018; 12/2018; 13/2018; 14/2018. Alternative method of referring to rules 1.01(3) In a proceeding in a court, it is sufficient to refer to a rule or subdivision of a rule as "rule" followed by the number of the rule, subrule, clause or subclause (for example, rule 1.01, rule 1.01(2), rule 1.01(2)(c) or rule 1.01(2)(c)(iii)). 150/89 DEFINITIONS 1.03 In these rules, unless the context requires otherwise, "Act" means The Court of Queen's Bench Act; (« Loi ») "action" means a civil proceeding, other than an application, that is commenced in the court by, (a) a statement of claim, (b) a counterclaim, (c) a crossclaim, (d) a third or subsequent party claim, or (e) a petition; (« action ») "appellant" means a person who brings an appeal; (« appelant ») "applicant" means a person who makes an application; (« requérant ») "application" means a civil proceeding, other than an action, that is commenced in the court by a notice of application; (« requête ») "court" means the Court of Queen's Bench of Manitoba or any division thereof and includes a judge and a master; (« tribunal ») "defendant" means a person against whom an action is commenced; (« défendeur ») "disability", where used in respect to a person or party, means that the person or party is, (a) a minor, or (b) mentally incompetent or incapable of managing his or her affairs, whether or not so declared by a court; (« incapable ») "discovery" means discovery of documents, examination for discovery, inspection of property and medical examination of a party as provided under Rules 30 to 33; (« enquête préalable ») "Hague Service Convention" means the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters; (« Convention Notification de La Haye ») "hearing" means the hearing of an application, motion, reference, appeal or assessment of costs, or the trial of an action; (« audience ») "holiday" means, (a) any Saturday or Sunday, (b) any special holiday proclaimed by the Governor General or the Lieutenant Governor, (c) New Year's Day, (c.1) Louis Riel Day (the third Monday in February), (d) Good Friday, (e) Easter Monday, (f) Victoria Day, (g) Canada Day, (h) Civic Holiday, (i) Labour Day, (j) Thanksgiving Day, (k) Remembrance Day, (l) Christmas Day, (m) Boxing Day, and where a holiday falls on a Saturday, the first preceding day which is not a holiday shall be deemed to be a holiday and where a holiday falls on a Sunday the first day following which is not a holiday shall be deemed to be a holiday; (« jour férié ») "judge" means a judge of the court or any division thereof, and includes the Chief Justice of the Court of Queen's Bench, the Associate Chief Justice of the Court of Queen's Bench and the Associate Chief Justice of the Court of Queen's Bench (Family Division); (« juge ») "judgment" means a decision that finally disposes of all or part of an application or action on its merits or by consent of the parties, and includes a judgment in consequence of the default of a party; (« jugement ») "lawyer" means a person who is entitled by law to practice as a barrister or solicitor in Manitoba or to appear before the court; (« avocat ») "master" means a master of the court appointed under section 11 of the Act and includes the senior master; (« conseiller-maître ») "motion" means a motion in a proceeding or an intended proceeding; (« motion ») "moving party" means a person who makes a motion; (« auteur de la motion ») "order" means an order of the court and includes a judgment; (« ordonnance ») "originating process" means a document by which a proceeding is commenced under these rules and includes, (a) a statement of claim, (b) a notice of application, (c) a petition, (d) a counterclaim against a person who is not already a party to the main action, (e) a third or subsequent party claim, but does not include a counterclaim that is only against persons who are already parties to the main action, a crossclaim or a notice of motion; (« acte introductif d'instance ») "personal representative" means the executor, executrix, administrator or administratrix of the estate of a deceased person; (« représentant personnel ») "plaintiff" means a person who commences an action; (« demandeur ») "preliminary motion" means a motion made before a proceeding is commenced; (« motion préliminaire ») "proceeding" means an action or application; (« instance ») "registrar" means a registrar of the court appointed under section 12 of the Act and includes a deputy registrar; (« registraire ») "respondent" means a person against whom an application is made or an appeal or petition is brought, as the circumstances require; (« intimé ») "responding party" means a person against whom a motion is made; (« partie intimée ») "statute" includes a statute passed by the Parliament of Canada; (« loi ») "substitute decision maker" means a vulnerable person's substitute decision maker for personal care or a substitute decision maker for property appointed under The Vulnerable Persons Living with a Mental Disability Act who has the power under clause 57(2)(f) or 92(2)(m) of that Act to commence, continue, settle or defend a claim or proceeding that relates to the vulnerable person. Proportionality 1.04(1.1) In applying these rules in a proceeding, the court is to make orders and give directions that are proportionate to the following: (a) the nature of the proceeding; (b) the amount that is probably at issue in the proceeding; (c) the complexity of the issues involved in the proceeding; (d) the likely expense of the proceeding to the parties. Party acting in person 1.04(3) Where a party to a proceeding is not represented by a lawyer but acts in person in accordance with subrule 15.01(2) or (3), anything these rules require or permit a lawyer to do shall or may be done by the party. 127/94 ORDERS ON TERMS 1.05 When making an order under these rules the court may impose such terms and give such directions as are just.Recent amendments not yet consolidated: none THE COURT OF QUEEN'S BENCH ACT (C. APPLICATION OF RULES Civil proceedings in the court 1.02(1) These rules apply to all civil proceedings in the Court of Queen's Bench of Manitoba, except where a statute provides for some other procedure. Rules 1.02(3) Subject to subrule 1.02(2), the Queen's Bench Rules, Manitoba Regulation 115/86, are repealed. DATES OF ORDERS Interpretation 1.04.1 In these rules, (a) a reference to the date an order or judgment is "made", "given" or "granted" is deemed to be a reference to the date the order or judgment is pronounced; and (b) a reference to the date an order or judgment is "entered" is deemed to be a reference to the date the order or judgment is signed. FORMS 1.06 The forms prescribed by these Rules shall be used where applicable and with such variations as the circumstances require.