Manitoba Expedited Actions (Rule 20A)
Streamlined procedure rule for all claims under $50,000 in Queen's Bench.
Court of Queen's Bench
Court of Queen's Bench Statutory Rules Committee
|2006||Review of rule commenced|
|May 2009||Proposed Draft of the Revised Rule 20A circulated for comment|
In 1996, the Court of Queen's Bench, at the prompting of the Manitoba Bar Association, introduced Rule 20A, intended to streamline the procedure for smaller claims brought in that court.
The purpose of Rule 20A is to resolve cases under $50,000 in a just, expeditious, and cost effective manner.
- Rule 20A applies to all claims of $50,000 or less. It can also apply to cases above $50,000 by consent or order.
- A case conference must be held under Rule 20A subject to some exceptions. The purpose of the case conference is to explore settlement possibilities and streamline proceedings
- Rule 20A(16) gives the case conference judge the power to make orders he or she "considers appropriate to ensure a just, expeditious and cost effective determination of the action". Examples of possible orders are: dispensing with or limiting discovery, exchanging expert reports at a fixed time, requiring the parties to file an agreed statement of facts, requiring trial dates be fixed within 180 days of the date of the first case conference, or that a further case conference be held at a fixed date.
- Rule 20A does not apply to family law proceedings
In 2006, Chief Justice Marc C. Monnin announced a review of the Rule 20A. The review was meant to determine whether the rule should be retained in its current form or be amended to resolve any problems that have arisen out of its application. A Review Committee was assigned consisting of Justices from the Court of Queen's Bench as well as members of the bar.
In May 2009, the Proposed Draft Rule 20A was circulated for comments by the profession to be received by June 30, 2009.
It is anticipated that such changes will enhance access to justice and diminish the negative impact on the legal system caused by the inability of parties to have their matters adjudicated in a financially equitable manner.