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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

October 4, 2002

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 […]

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 […]

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 […]

October 1, 2002

Beneficiary Designations: RRSPs, RRIFs and Section 47 of the Trustee Act, Final Report 68

This report examines the issue whether section 47 of the Trustee Act ought to apply to RRSPs and RRIFs. It describes the scope and history of this project, looks at the existing law, and concludes that section 47 probably applies to RRSPs, even though its definition of “plan” does not mention them by name. The report also explores the fact that RRIFs as a type of “plan” within the meaning of section 47 is more doubtful. Arguments […]

September 29, 1993