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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 […]

AREA OF LAW Administration of Justice Court Rules & Procedure Courts Procedure
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FORMAT Publications
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February 4, 2004

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 […]

AREA OF LAW Administration of Justice Court Rules & Procedure Courts Procedure
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FORMAT Publications
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October 4, 2003

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 […]

AREA OF LAW Administration of Justice Court Rules & Procedure Courts Procedure
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FORMAT Publications
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July 4, 2003

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 […]

AREA OF LAW Administration of Justice Court Rules & Procedure Courts Procedure
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FORMAT Publications
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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 […]

AREA OF LAW Administration of Justice Court Rules & Procedure Courts Procedure
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FORMAT Publications
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March 4, 2003

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 […]

AREA OF LAW Administration of Justice Court Rules & Procedure Courts Procedure
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FORMAT Publications
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Rules: Expert Evidence and “Independent” Medical Examinations, Consultation Memorandum 12.3


In matters calling for special or expert knowledge, the court may not have sufficient knowledge to draw proper inferences from the evidence such that it may adjudicate on the matters in issue. Regarding independent medical examinations, the Committee was of the view that the procedures under Rule 217 function quite well and should be retained subject to certain issues and proposals. The specific issues addressed by the Committee regarding expert evidence were the timelines for […]

AREA OF LAW Administration of Justice Court Rules & Procedure Courts Procedure
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FORMAT Publications
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February 4, 2003

Rules: Document Discovery and Examination for Discovery, Consultation Memorandum 12.2


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 Administration of Justice Court Rules & Procedure Courts Procedure
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October 4, 2002

Rules: Commencement of Proceedings in Queen’s Bench, Consultation Memorandum 12.1


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 Administration of Justice Court Rules & Procedure Courts Procedure
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FORMAT Publications
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Validity of the Alberta Rules of Court, Final Report 15


Important parts of the Alberta Rules of Court may be more than the Rules of practice and procedure which the lieutenant-governor-in-council is not empowered to make. The Rules relating to garnishees and service ex juris are in some jeopardy. So are some Rules relating to costs, Rules relating to the jurisdiction of the court, and Rules relating to rights of appeal, and Rules imposing time limitations on substantive rights. Rules relating to evidence, including those […]

AREA OF LAW Procedure
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ENACTMENT

The Attorney General Statutes Amendment Act, 1976 (No. 2), SA 1976, c 58, s 6(4) amending the Judicature Act (now RSA 2000, c J-2, s 63).

January 2, 1975

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