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Rules: Document Discovery and Examination for Discovery


Regarding the timeline for filing and serving an affidavit of records and the penalties for failing to comply with the rules in this regard, the Committee proposes that there be a specific onus on the party who failed to file the affidavit of records within the prescribed time to show why they should not incur a prescribed penalty. Regarding the appropriate scope of discovery of records the Committee proposes to keep the present test for […]

AREA OF LAW Court Rules & Procedure Procedure
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FORMAT Publications
FILE cm0122.pdf

October 2, 2002

Rules: Commencement of Proceedings in Queen’s Bench


There are two basic types of court proceedings in the Court of Queen’s Bench: actions and applications. The General Rewrite Committee is of the view that the distinction between actions and applications should be retained. It favours having two ways to commence proceedings: one for actions and one for applications. It proposes to discard the archaic petition, and instead provide that in circumstances previously calling for the use of a petition, applications should be commenced […]

AREA OF LAW Court Rules & Procedure Procedure
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FORMAT Publications
FILE cm0121.pdf

October 1, 2002

Standardizing Limitation Periods for Actions on Insurance Contracts


When the new Limitations Act came into force on March 1, 1999, a number of changes were made to the limitation law in Alberta. The limitation periods for actions on insurance contracts is in a state of confusion, several of the limitation periods that the Insurance Act prescribes are inconsistent with the general limitation periods in the Limitations Act. The scope of this project addresses issues which relate to rationalizing limitation periods for actions against insurers. The issues addressed and […]

AREA OF LAW Administration of Justice Corporate and Commercial Courts Limitation of Actions Procedure
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FORMAT Publications
FILE cm10.pdf

December 4, 2001

Class Actions


This report makes recommendations to reform the existing procedure for handling a class action and proposes that Alberta enact a modern class actions statute based on the Canadian model that has been enacted in Quebec, Ontario, and British Columbia. Primary recommendations would add a procedure to the existing procedural framework for handling litigation involving multiple plaintiffs having the same or similar claims against the same defendant. Ancillary recommendations would add a procedure for handling litigation […]

AREA OF LAW Administration of Justice Administrative Law Constitutional and Public Law Corporate and Commercial Court Rules & Procedure Courts Limitation of Actions Procedure
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FORMAT Publications
FILE CM9.pdf

December 4, 2000

Class Actions, Final Report 85


This report makes recommendations to reform the existing procedure for handling a class action and proposes that Alberta enact a modern class actions statute based on the Canadian model that has been enacted in Quebec, Ontario, and British Columbia. Primary recommendations would add a procedure to the existing procedural framework for handling litigation involving multiple plaintiffs having the same or similar claims against the same defendant. Ancillary recommendations would add a procedure for handling litigation […]

AREA OF LAW Administration of Justice Corporate and Commercial Court Rules & Procedure Courts Procedure
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FORMAT Publications
FILE fr085.pdf

December 1, 2000

Class Actions


This report makes recommendations to reform the existing procedure for handling a class action and proposes that Alberta enact a modern class actions statute based on the Canadian model that has been enacted in Quebec, Ontario, and British Columbia. Primary recommendations would add a procedure to the existing procedural framework for handling litigation involving multiple plaintiffs having the same or similar claims against the same defendant. Ancillary recommendations would add a procedure for handling litigation […]

AREA OF LAW Procedure
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FORMAT Publications
FILE cm009.pdf

Powers and Procedures for Administrative Tribunals in Alberta, Final Report 79


Existing legislation that governs the procedures of adjudicative tribunals in Alberta – the Alberta Administrative Procedures Act – is seriously deficient. It has not kept up to date with new case law, nor does it even apply to a majority of Alberta’s adjudicative tribunals. The ALRI suggests replacing this legislation with the Administrative Powers and Procedures Act. It would apply to all tribunals and because of the diverse range of tribunal functions and resources, include “opt-in” legislation. This […]

AREA OF LAW Administration of Justice Procedure
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FORMAT Publications
FILE fr079.pdf

December 29, 1999

Powers & Procedures for Administrative Agencies: MODEL CODE


The final product that arises from this consultation will be a comprehensive Model Code of Powers and Procedures, and an accompanying Annotation that sets out important case law that supplements or clarifies the rules. The Code will clarify the powers that already exist under the common law, and provide for additional powers necessary to the efficient and effective functioning of agencies. The code will not be a rigid set of rules that apply to every […]

AREA OF LAW Administration of Justice Court Rules & Procedure Courts Procedure
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FORMAT Publications
FILE CM6.pdf

April 4, 1999

Should a Claim for Punitive Damages Survive Death?


The purpose of this Consultation Memorandum is to invite comment as to whether or not a claim for punitive damages should survive the claimant’s death. This memorandum addresses the nature of punitive damages, present Alberta law and its history, reasons for and against allowing punitive damages, and whether reasons for non-survivability of damages for non-pecuniary losses in general apply to punitive damages. Comment is invited on several issues including: should the Survival of Actions Act be amended […]

AREA OF LAW Administration of Justice Administrative Law Constitutional and Public Law Corporate and Commercial Court Rules & Procedure Courts Limitation of Actions Procedure
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FORMAT Publications
FILE cm5.pdf

December 4, 1998

Should a Claim for Loss of a Chance of Future Earnings Survive Death?


This memorandum solicits the reader’s views and comments on the following question: should a deceased person’s estate be entitled to claim damages from a wrongdoer for the loss of the deceased person’s chance at future earnings? It is desirable that the legislation make it clear either that the claim survives the wronged person’s death or that it does not. Three issues are open for comment. First, as a general rule, should a claim for damages […]

AREA OF LAW Administration of Justice Constitutional and Public Law Court Rules & Procedure Limitation of Actions Procedure
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FORMAT Publications
FILE cm4.pdf

August 4, 1997