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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
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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
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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

Enduring Powers of Attorney: Safeguards Against Abuse, Final Report 88


The Powers of Attorney Act allows a donor of a power of attorney to provide either that the power of attorney will come into effect on the donor’s mental incapacity or infirmity or that the power of attorney will continue in force despite the donors supervening mental incapacity or infirmity. It classifies both springing and continuing powers of attorney as “enduring” powers of attorney (EPA). The great majority of attorneys exercise their control for the donor’s benefit, […]

AREA OF LAW Wills and Succession
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FORMAT Publications
FILE fr088.pdf

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

Report on a Succession Consolidation Statute, Final Report 87


This report advocates the consolidation of Alberta’s core succession statutes into one Act. A single piece of consolidated legislation covering all the essentials of statutory succession law would be a convenient reference tool for use by both practitioners and the public. The consolidated legislation will promote accessibility and ease of use of our statutory succession law. This report contains detailed research that identifies all succession-related statutes and statutory provisions and identifies Alberta legislation that is […]

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FORMAT Publications
FILE fr087.pdf

December 29, 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 Administration of Justice Court Rules & Procedure Courts Procedure
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FORMAT Publications
FILE cm0121.pdf

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 […]

AREA OF LAW Administration of Justice Court Rules & Procedure Courts Procedure
TAGS , , , , , , , ,
FORMAT Publications
FILE cm0122.pdf