Manitoba
| Delay to file an appearance | Depending on the type of injury there are limitation periods that range from 2 to 6 to10 years after discovery of the circumstances that make up the cause of action. |
| Delay File a statement of defence | Must be filed 10 days after receipt of Statement of Claim, unless a waiver is given. |
| Affidavit of documents: which documents? Under which circumstances? | Called a "List of Documents" in this jurisdiction. Must be filed 10 days after the close of pleadings or 7 days after service of originating document where there are no pleadings. Must serve on the opposing party true copies of "Documents of which the party has knowledge at that time relating to every matter in question in the proceeding." Excepted from production are documents over which a party is claiming privilege. |
| Rules of discovery | Delay to examine before plea | Delay to examine after plea | Examination for Discovery can occur any time after pleadings are closed without an order. An order is necessary before an action is commenced with an ex parte application, or before pleadings are closed with an inter partes application. |
| Delay to set the case ready for trial | A Certificate of Trial Readiness can be filed at any time after the pleadings have closed. For trials which are expected to take 5 days or fewer, the parties may make an application within 90 days of the close of pleadings for a trial date. By filing the certificate the parties have agreed that they are ready for trial and no applications may be brought or continued relating to circumstances which were apparent before the Certificate was filed without leave of the court, and there may be no further discovery. |
| Court settlement Conference: a mandatory process or not? | Called a "List of Documents" in this jurisdiction. Must be filed 10 days after the close of pleadings or 7 days after service of originating document where there are no pleadings. Must serve on the opposing party true copies of "Documents of which the party has knowledge at that time relating to every matter in question in the proceeding." Excepted from production are documents over which a party is claiming privilege. |
| Time to obtain trial dates once the certificate of readiness is issued | Once the Certificates are filed, the matter goes on the pre-trial conference list. It is at the pre-trial conference that the judge determines what the next step is. It could be a setting down a date for a settlement conference, mini-trial, summary or expedited trial, removing it from the Pre-Trial List, or setting it down for trial. This is based on the court's schedule. |
| Mediation | Mediation may be used by consent of both parties. One party may apply or the court may order of its own accord that the parties attend mediation. |
| Simplified procedures (fast track and Small claims Court) (monetary limits) | Small claims. $25,000.00 |
The RMC member firm in Manitoba is:
