Does the Master have jurisdiction to hear a motion for expungement?
Manitoba, Canada
The following excerpt is from The Winnipeg School Division v. The Winnipeg Teachers' Association of The Manitoba Teachers' Society, 2006 MBQB 249 (CanLII):
Clearly from reading all of the Rules together, the Master has jurisdiction to hear a civil motion for expungement. However, I believe that that jurisdiction was restricted or taken away from the Master by Mr. Justice Carr in Kives v. Kives, [1988] M.J. No. 47. Mr. Justice Carr states: “It follows that no “advance rulings” on admissibility by others ought to be given.”
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
How have courts dealt with a husband's motion for summary judgment on a motion to invalidate a binding agreement? (Manitoba, Canada)
If an order is made without jurisdiction and rescinded by the Court of Appeal, is there a remedy for a motion to rescind it? (Manitoba, Canada)
What is the duty of the court on a motion where the Master's findings are challenged? (Manitoba, Canada)
What is the standard of review of a motion judge's decision not to interfere with the decision of the motion judge? (Manitoba, Canada)
Does the Master have any authority or jurisdiction to award compensation to the husband for his time, energy and effort in winding down the farm operation? (Manitoba, Canada)
What is the test for a motion for security for costs in a family proceeding where a Notice of Motion to Vary has been filed? (Manitoba, Canada)
What are the principles to apply in the context of a motion by a plaintiff to have his case considered on the merits of the motion? (Manitoba, Canada)
What is the current state of the law on a motion of motion for personal injury? (Manitoba, Canada)
What is the current state of the law on the duty of a master to warn young and inexperienced people of the dangers of dangerous work in the workplace? (Manitoba, Canada)
What is the current state of the law on a motion to review a previous support order? (Manitoba, Canada)
