“(D)etermination of a limitation defence should be on a motion for summary judgment or upon trial of an issue, but not on a motion to strike under r 25.11(d) unless the pleadings themselves, on their face, contain an admission or facts sufficient to conclude that the cause of action arose after the expiry of the limitation period,” according to the Court of Appeal in Abas Auto Inc v Superior General, 2015 MBCA 104. In this case, the defendant’s motion to strike was ill-conceived, said the court, because, even if successful on striking the affidavit in its entirety, the defendant would be unable to succeed on the substantive motion given that the statement of claim, on its face, raised a valid cause of action.

A parishioner who defamed a priest by alleging (in a private letter to officials of the Ukrainian Orthodox Church of Canada) that the priest had kissed and touched her inappropriately on several occasions in 2006 and 2007, was ordered to pay $10,000 general damages in Melnyk v. O.D., 2015 MBQB 169. The parishioner’s accusations were not true, said the court, and were made with the intention of harming the plaintiff and his reputation. As a result, the court rejected the parishioner’s two-pronged defence of truth/justification and qualified privilege.

The court dismissed a self-represented litigant’s suit against MPI in Wong v. MPIC, 2015 MBQB 173, finding that it had no jurisdiction over the subject matter of the claim and that the statement of claim did not disclose a cause of action. The plaintiff was unsatisfied with the Personal Injury Protection Plan benefits she had received following her motor vehicle accident, but had exhausted MPI’s internal review and appeal processes.

Bill 9, The Court of Queen's Bench Small Claims Practices Amendment Act, was introduced and given first reading November 26, 2015. As the explanatory note indicates, the legislation proposes allowing the Small Claims Court maximum limit to be increased by regulation. The province is seeking input from the public on claim limits via an online survey, to be completed by January 1, 2016.

The Court of Queen’s Bench issued a notice concerning amendments to Rule 73 (Payment Out) on October 19, 2015. The existing rule will be repealed and replaced with a new rule effective January 1, 2016. Included in the amendments are rules which prescribe the requirements for registry to pay monies pursuant to a judge’s order for payment out (consistent with current administrative practice); provide for payment out in the context of The Garage Keepers Act; and generally update and clarify the rule.

Litigation for Small and Solo Firm Practitioners – A View from the Bench/Law Society – small or solo litigators who feel they are treated differently by the court or the Law Society will have an opportunity to address this issue at the upcoming General Practitioners’ section meeting on December 9, 2015. The program takes place from noon to 1:30 pm in the Law Society classroom. Access to Justice / Legal Services for Manitoba Children and Youth – At this December 10, 2015 lunch program four speakers will reflect on the barriers and challenges faced by Manitoba’s aboriginal youth in accessing justice/legal services, and highlight examples of innovation and opportunity in this area.

The MBA’s 2016 Mid-Winter Conference will take place January 21-23, 2016 at the Fairmont Hotel. Continuing professional development sessions of interest to civil litigators include: Collection and Enforcement in Civil Litigation, Update on Workplace Dismissals, Legal Service Delivery – A Makeover, Agencies, Boards and Commissions Outside of Court, and Update on Practice Before the Federal Court and Manitoba Court of Queen’s Bench.