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 […]

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 […]

October 4, 2003

Limitations Act – Standardizing Limitation Periods for Actions on Insurance Contracts, Final Report 90

Presently limitation periods for bringing actions against insurers for failing to honour insurance policies depends on the type of insurance. The Insurance Act contains statutory provisions that specifically set out limitation periods for certain types of insurance and requires other specific types of insurance policies to contain “Statutory Conditions” that prescribe their own limitation periods. Inconsistent limitation periods have caused confusion for both insured and for lawyers, and have resulted in a considerable amount of litigation over […]

August 29, 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 […]

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 […]

Limitations Act – Adverse Possession and Lasting Improvements, Final Report 89

This report considers the effect of the Limitations Act on the areas of adverse possession and lasting improvements under the Law of Property Act. In considering how best to resolve disputes regarding the ownership and use of land, this report looks to the objectives of protecting future ownership of land, ensuring land’s transferability, and preventing the revival of stale claims. Recommendations to avoid the effect of claims being postponed by a continuing course of conduct include to subject […]

May 29, 2003

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 […]

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 […]

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 […]

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, […]

February 1, 2003