Rules: Parties, Consultation 12.4

This memorandum addresses issues concerning parties whose legal ability to conduct litigation can be problematic, including deceased persons without a personal representative, unincorporated entities, interveners, and persons under disability. The Committee found that for a deceased person without a personal representative, Rule 50 has ongoing usefulness, but proposes that further clarification be made to the general notice provision of Rule 384(1). Partnerships, sole proprietorships operating under a trade name, and other unincorporated associations were examined [...]

By |2021-02-09T11:59:54-07:00March 4th, 2003|Uncategorized|0 Comments

Rules: Management of Litigation, Consultation Memorandum 12.5

This memorandum addresses issues concerning the management of litigation in Alberta, including whether changes in the litigation system are necessary; time standards for completion of actions; and methods to increase the efficiency and accessibility of the justice system. The Committee recommends that changes to the operation of the litigation system in Alberta be considered in order to respond to problems of delay and excessive cost, with a view to creating a "made in Alberta" solution [...]

By |2021-02-09T12:00:01-07:00March 4th, 2003|Uncategorized|0 Comments

Rules: Promoting Early Resolution of Disputes by Settlement, Consultation Memorandum 12.6

This memorandum addresses issues concerning the early resolution of disputes by settlement, including the use of court-annexed alternative dispute resolution programs and judicial dispute resolution. The Committee has developed five core premises, identified a number of issues, and framed preliminary proposals. The Committee recommends that the Rules should "impose on all litigants a positive, early and continuing obligation to canvass settlement possibilities and to consider opportunities available to them to participate in non-binding dispute resolution [...]

By |2021-02-09T12:00:09-07:00July 4th, 2003|Uncategorized|0 Comments

Rules: Discovery and Evidence Issues: Commission Evidence, Admissions, Pierringer Agreements and Innovative Procedures, Consultation Memorandum 12.7

This memorandum deals with a number of matters, including commission evidence and de bene esse evidence; admissions; discovery issues arising from the use of Pierringer agreements; and innovative discovery procedures. Issues addressed are: when should evidence be taken out of Court; how should the order for commission evidence be obtained; how should the Rules address the procedures for taking commission evidence; should the commission evidence procedure apply to discovery evidence; should discovery transcripts be used in the [...]

By |2021-02-09T12:00:34-07:00July 4th, 2003|Uncategorized|0 Comments

Rules: Pleadings, Consultation Memorandum 12.8

This consultation memorandum addresses five topics concerning pleadings: fundamental principles; contents of pleadings; Rules applicable to defences; reply, joinder of issue and close of pleadings; and formalities of pleadings. Regarding fact pleading the Committee found that problems arising from them were due to poor practice and that there was no need to change to a notice pleading system. The Committee decided against having either the client or the lawyer certify the pleadings, but recommends that [...]

By |2021-02-09T12:00:42-07:00October 4th, 2003|Uncategorized|0 Comments

Rules: Joining Claims and Parties, Including Third Party Claims, Counterclaims and Representative Actions, Consultation Memorandum 12.9

This memorandum covers a wide but inter-related range of subjects: amendment of pleadings; joinder of claims and consolidation of actions; joinder of parties; third party claims; counterclaims; and representative actions. It organizes discussion under 43 issues distilled from research, consultation and the experience and views of the General Rewrite Committee. With respect to amendments by one party, the Committee proposes: that, instead of the present limit of one, there be no limit on the number [...]

By |2021-02-09T12:00:50-07:00February 4th, 2004|Uncategorized|0 Comments

Rules: Motions and Orders, Consultation Memorandum 12.10

This memorandum addresses the procedural Rules governing motions and applications; the evidentiary Rules concerning motions and applications; the Rules governing variation, setting aside and correction of orders and judgments; and the Rules dealing with entry of orders and judgments. The Committee does not propose any changes to the materials to be filed for General Chambers or to the time limits that determine whether a motion is to be heard in General Chambers or Special Chambers. [...]

By |2021-02-09T12:00:57-07:00July 4th, 2004|Uncategorized|0 Comments

Rules: Enforcement of Judgments and Orders, Consultation Memorandum 12.11

This memorandum addresses a group of Rules and forms concerned with enforcement of judgments or orders of court. The committee is primarily concerned with Parts 28 (Enforcement of Judgments and Orders), 36 (Extraordinary Remedies) and 57 (Rules and Orders Promulgated under the Winding-Up Act). The committee also comments on Rules 82-83, 151, 155, 331, 333, Part 37 and some general issues. This report discusses 160 rules and 7 forms, and makes proposals on 67 issues. The [...]

By |2021-02-09T12:01:04-07:00August 4th, 2004|Uncategorized|0 Comments

Rules: Summary Disposition of Actions, Consultation Memorandum 12.12

This memorandum covers an important aspect of legal practice and procedure--, the ability to have a matter disposed of in a summary way where that is a reasonable way of dealing with the action. This increases access to justice, in that it frees up trial time for other matters requiring a full hearing. It is also likely to cost the litigants less money, and certainly uses up less of their time. As summary dispositions often [...]

By |2021-02-09T12:01:11-07:00August 4th, 2004|Uncategorized|0 Comments

Rules: Judicial Review, Consultation Memorandum 12.13

code of Rules for judicial review, and to strive for specialized Rules, where necessary, built on the existing foundation of the general rules. It concluded that the overall scheme under Part 56.1 is appropriate and that changes are needed only in a few areas. It is proposed that the Rules be reformed to clarify that they cover statutory rights of appeal, stated cases, and controverted elections. The time for delivery of judicial review materials in [...]

By |2021-02-09T12:01:18-07:00August 4th, 2004|Uncategorized|0 Comments
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