MANITOBA BAR ASSOCIATION
FAMILY LAW SECTION
NOTICE OF MEETING/WEBINAR
NOTE - THE IN-PERSON PORTION OF THIS MEETING IS NOW FULL. PLEASE REGISTER VIA WEBINAR. THANK YOU.
DATE: Thursday, August 23, 2018
TIME: 12:00 Noon – 2:00pm
LOCATION: 2nd Floor Conference Room, 444 St. Mary Avenue, Winnipeg
TOPIC: New Model for Scheduling and Case Flow Management
SPEAKERS: Chief Justice Joyal and various members of the Implementation Committee
The Court of Queen's Bench Family Division will be introducing a New Model for Scheduling and Case Flow Management in respect of Non-Child Protection matters.
Subject to what may be ongoing modifications and refinements arising from the Court's internal discussions and outreach and interaction with the Bar, it is hoped that scheduling pursuant to this new scheduling model in the Family Division will commence in September 2018 to then be implemented and published in the circulated 2019 rotas.
These sessions are meant to be cumulative and build on one from the other. However, in addition to a general review of the model, any additional features, supplemented or tweaked, since the July 18th session will be reviewed. The August 23rd session will emphasize some of the practical aspects of what the model identifies as its five meaningful events. Additionally, the presentation and discussion will turn to what will be new and relevant forms and an initial discussion of connected rule changes.
The new model flows from recommendations coming from within the Court of Queen's Bench Family Division which recommendations follow from earlier conducted consultations with Family Division judges.
There are two objectives to the model:
1. The proposed New Case Flow and Scheduling Model is designed and will be implemented to ensure that all reasonable efforts are made to resolve and/or dispose of those family disputes that can be resolved and disposed of, as soon as possible, without the delays, complexity and costs associated with the current model of scheduling. It is believed that this objective can be realized with a greater emphasis and investment in judicial resources at the "front end" or "intake stage" where, under the New Model, following the much more consistent and closely-monitored screening process (where pre-conditions to triage must be met), a triage judge (and/or eventually, a case management judge) will be even better-positioned to take a more informed, active and interventionist approach with both counsel and the parties themselves.
2. Where matters cannot be resolved either earlier or at all, the New Model is designed to nonetheless ensure that those family proceedings flow through the system and receive the required adjudications within a reasonable, predictable and finite period of time. This objective will be realized by the setting of trial dates within 12-15 months of the first case conference, which case conference will normally be set within 30 days of the appearance at triage.
It should be understood that some of the approaches and practices contemplated in this model will require changes or adjustments in respect to some existing Queen's Bench Rules, practice directions, court forms and allocation of court resources. More specifically, some of those modifications and adjustments may involve Legal Aid Manitoba, Family Conciliation Services and the Master, to name but a few. Simply put, whatever must be updated and/or adjusted to make this model operational and successful will be attempted.
It would seem that both the Provincial and Federal Governments are, or will be, initiating fundamental changes to family law through legislation that has been, or will be, introduced. As explained in the attached document, the changes contemplated in this new case flow/scheduling model, are designed to provide a judicial service that can co-exist with any new set of practices or approaches introduced by either the Federal or Provincial Governments through new legislation.
The new model will require a new emphasis, vigilance and rigour on the part of both the Bench and the Bar. Accordingly, prior to the implementation of the model and indeed, prior to the commencement of the scheduling pursuant to the model (in the fall of 2018), purposeful efforts must be made to ensure an understanding of the nature of the model and how its “meaningful events” are designed to ensure that identifiable and predictable reference points occur at different stages during a finite period of time.
With the above in mind, three separate sessions have been scheduled for the purposes of both providing information to the profession about the new model and as well, receiving whatever feedback the profession wishes to provide. The final session with be provided with the specific purpose of discussing what will be new rules, practice directions and any corresponding and accompanying new court forms.
All of the sessions will accommodate some or limited in-person attendance in addition to participation by webinar.
One session has already taken place on July 18, 2018. In addition to the August 23, 2018 session, a third session has been scheduled for September 13, 2018. Notice for the September session will be sent out separately at a later date.
While it is anticipated and expected that members of the Bar from rural and northern Manitoba will participate in the above three dates, either in-person or by webinar, one or two additional sessions will also be specifically planned for those regions.
Please RSVP to the Manitoba Bar Association online (link above). Please indicate whether you will be attending in person or via webinar. Please note there is limited space for the in-person meeting, once the in-person spots have been filled, attendees will be prompted to attend via webinar.
If participating in person, lunch will be available. The MBA accepts VISA and MasterCard payments for lunch ($10.00), however you may pay by cash or cheque at the meeting by selecting the “cheque” option on the registration form.
If participating via webinar, you will need a laptop, PC, smartphone or tablet with an internet connection and sound to participate. Please RSVP (PRE-REGISTRATION IS REQUIRED) on-line (link above). You will receive log-in information after you have registered on Wednesday, August 22, 2018.
Manitoba Bar Association
204-927-1215
sections@cba-mb.ca
