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

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 […]

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 […]

Revision of the Surrogate Rules, Final Report 73

This report aims to amend Alberta’s outdated Surrogate Rules, which govern the procedure for the administration of an estate. A complicated, detailed endeavour, it was completed in partnership with the Surrogate Rules Committee, and focused solely on the procedural statutory provisions involved. Substantive provisions are examined in another project now underway. Some recommendations are: That one court have carriage of all applications dealing with the administration of a given estate so that courtroom efficiency is […]

May 29, 1996

Revision of the Surrogate Rules, Report for Discussion 10

This report aims to amend Alberta’s outdated Surrogate Rules, which govern the procedure for the administration of an estate. A complicated, detailed endeavour, it was completed in partnership with the Surrogate Rules Committee, and focused solely on the procedural statutory provisions involved. Substantive provisions are examined in another project now underway. Some recommendations are: That one court have carriage of all applications dealing with the administration of a given estate so that courtroom efficiency is […]

October 2, 1991

Report on Referees, Research Paper 18

A referee is a person appointed to decide a specific, circumscribed question of fact. This person submits a report to the judge, who may decide to either accept or reject that report. In Alberta (at the time of publication), Masters in Chambers were official referees in all courts, and clerks and deputy clerks are official referees in the Provincial court, and could act as referees when required by the Court of Queen’s Bench. Outside of […]

February 3, 1990

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 […]

January 2, 1975

Rule Against Perpetuities: Powers of Maintenance and Advancement: Trustee Act ss. 32

January 1, 1971