www.manitobacourts.mb.ca

Associate Judges

Senior Associate Judge Clearwater

Associate Judge F.A. (Rick) Lee

Associate Judge Shayne Berthaudin

Associate Judge Jennifer Goldenberg

Associate Judge Robert Patterson

Associate judges are judicial officers appointed pursuant to The Court of King’s Bench Act, with their jurisdiction set out in s. 11.15(1) thereof, being as provided by statutes, regulations or the King’s Bench Rules.  That jurisdiction covers all areas of practice in the Court of King’s Bench, save for criminal matters, as follows:

Motions

Pursuant to r. 37.02(2), an associate judge may hear any motion in a proceeding, except a motion:

a)       where the power to grant the relief sought is conferred expressly on a judge by a statute or rule;
b)      to set aside, vary or amend an order of a judge;
c)       to abridge or extend a time prescribed by an order that an associate judge could not have made;
d)      for judgment on consent in favour of or against a party under disability;
e)      relating to criminal proceedings or the liberty of the subject;
f)        in an appeal; or
g)       for interim relief in a family proceeding in respect of custody, access, support or property.

It should be noted that the definition of “court” in the King’s Bench Rules includes an associate judge, but the inclusion of an associate judge in the definition of “court” applies only for the purposes of the Rules.  A reference to “court” in any other legislation should not be taken to include an associate judge, unless so defined in that legislation.

In the General Division, associate judges will preside over all motions within the jurisdiction of the associate judge until such time that pre-trial management has been engaged.  Pursuant to r. 50.05(2), the pre-trial judge must hear all motions arising in the action after the first pre-trial conference has been held.  An appeal of an associate judge’s order in the General Division is governed by r. 62.  The hearing of the appeal is a fresh hearing and parties may not adduce further evidence without leave of the judge hearing the appeal.

In the Family Division, associate judges will preside over all motions within the jurisdiction of the associate judge until a triage conference is held.  All motions arising in the proceeding after the triage conference will be heard by the case conference judge pursuant to r. 70.24(15).  For those Family Division proceedings which pre-date the new Family Division case flow process, motions may only be brought before an associate judge if the matter has not yet proceeded to case conference.  An appeal of an associate judge’s order in a Family Division proceeding which is subject to the case management process is governed by r. 70.24(15.1 – 15.6).  The hearing of the appeal is a fresh hearing and parties may not adduce further evidence without leave of the judge hearing the appeal.

References

Associate judges hear matters which are referred to them by judges in the General Division pursuant to r. 54.02.  Most commonly, these references involve the taking of accounts or providing directions for the sale of real property.  The requirements for directing a reference and the procedure to be followed are contained in r. 54 and 55.  It should be noted that the reference cannot be for the trial of an action or for determination of a foundational legal issue.  A report is prepared by the associate judge at the conclusion of the reference, and becomes an order of the court if a motion to oppose confirmation is not filed within 35 days of its issuance.

Associate judges also preside over two specific types of reference in the Family Division.  The first is pursuant to r. 70.25(1.1) for a recommendation identifying the date of cohabitation, date of separation or both dates.  Either party may oppose confirmation of the resulting associate judge’s report in accordance with r. 70.25(11.1) by notifying the judge presiding at the triage conference.

The second type of Family Division reference is pursuant to r. 70.25(1) for an accounting of assets and liabilities pursuant to The Family Property Act.  The procedure for this reference is set out in r. 70.25.  The associate judge’s report on the accounting becomes an order of the court if neither party files a motion to oppose confirmation of the report within 35 days of its issuance. 

For both specific types of Family Division reference, r. 70.25(11.5) provides that except in exceptional circumstances, the judge’s determination of the opposition to confirmation is made based on the evidence that was before the associate judge.

Child Protection

Associate judges preside over child protection screening dockets in the Family Division in the Winnipeg, The Pas and Brandon.  They oversee the procedural steps required to move the child protection proceeding to the Child Protection Intake Court.  Associate judges also determine preliminary motions and grant guardianship orders on a consent or a deemed consent basis. 

Maintenance Enforcement

Associate judges preside over Family Division maintenance enforcement dockets in various court centres.  These dockets include maintenance debtors being summoned to show cause why the maintenance order should not be enforced, late payment hearings and drivers licence suspension appeals.

Bankruptcy

Associate judges are appointed as Registrars in Bankruptcy and preside over weekly dockets involving applications for discharge from bankruptcy, motions, taxation of accounts of bankruptcy trustees and insolvency lawyers, and other proceedings falling within the jurisdiction of the Registrar under s. 192(1) of the Bankruptcy and Insolvency Act.

Lawyers Fee Assessments

Pursuant to r. 71, applications by a client to assess a lawyer’s bills are heard by associate judges.  The associate judge will prepare a report upon hearing the matter, and the report becomes an order of the court if neither party files a motion to oppose confirmation within 35 days of its issuance.  If a motion to oppose confirmation is filed within 35 days, that motion will be heard by a judge.

Passing accounts

In addition to a reference from a judge to pass accounts, associate judges hear applications to pass estate accounts pursuant to r. 74.12, and motions to pass committee accounts pursuant to r. 72.04, with the procedures to be followed and resulting reports and orders made on completion, set out therein.

Information on this page last updated on November 17, 2023