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


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
FILE cm0127.pdf

July 4, 2003

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


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 […]

AREA OF LAW Court Rules & Procedure Procedure
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FORMAT Publications
FILE cm0127.pdf

July 2, 2003

Rules: Promoting Early Resolution of Disputes by Settlement


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 Court Rules & Procedure Procedure
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FORMAT Publications
FILE cm0126.pdf

July 1, 2003

Rules: Parties


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
TAGS , , , , , , , ,
FORMAT Publications
FILE cm0124.pdf

March 4, 2003

Rules: Management of Litigation


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
TAGS , , , , , , , ,
FORMAT Publications
FILE cm0125.pdf

Rules: Management of Litigation


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 Court Rules & Procedure Procedure
TAGS , , , , , , , ,
FORMAT Publications
FILE cm0125.pdf

March 2, 2003

Rules: Parties


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 Court Rules & Procedure Procedure
TAGS , , , , , , , ,
FORMAT Publications
FILE cm0124.pdf

March 1, 2003

Rules: Expert Evidence and “Independent” Medical Examinations


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
FILE cm0123.pdf

February 4, 2003

Rules: Expert Evidence and “Independent” Medical Examinations


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 Court Rules & Procedure Procedure
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FORMAT Publications
FILE cm12-3.pdf

February 1, 2003

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 Administration of Justice Court Rules & Procedure Courts Procedure
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FORMAT Publications
FILE cm0121.pdf

October 4, 2002