Rules: Judicial Review, Consultation Memorandum 12.13

code of Rules for judicial review, and to strive for specialized Rules, where necessary, built on the existing foundation of the general rules. It concluded that the overall scheme under Part 56.1 is appropriate and that changes are needed only in a few areas. It is proposed that the Rules be reformed to clarify that they cover statutory rights of appeal, stated cases, and controverted elections. The time for delivery of judicial review materials in […]

August 4, 2004

Rules: Enforcement of Judgments and Orders, Consultation Memorandum 12.11

This memorandum addresses a group of Rules and forms concerned with enforcement of judgments or orders of court. The committee is primarily concerned with Parts 28 (Enforcement of Judgments and Orders), 36 (Extraordinary Remedies) and 57 (Rules and Orders Promulgated under the Winding-Up Act). The committee also comments on Rules 82-83, 151, 155, 331, 333, Part 37 and some general issues. This report discusses 160 rules and 7 forms, and makes proposals on 67 issues. The […]

Rules: Summary Disposition of Actions, Consultation Memorandum 12.12

This memorandum covers an important aspect of legal practice and procedure–, the ability to have a matter disposed of in a summary way where that is a reasonable way of dealing with the action. This increases access to justice, in that it frees up trial time for other matters requiring a full hearing. It is also likely to cost the litigants less money, and certainly uses up less of their time. As summary dispositions often […]

Rules: Motions and Orders, Consultation Memorandum 12.10

This memorandum addresses the procedural Rules governing motions and applications; the evidentiary Rules concerning motions and applications; the Rules governing variation, setting aside and correction of orders and judgments; and the Rules dealing with entry of orders and judgments. The Committee does not propose any changes to the materials to be filed for General Chambers or to the time limits that determine whether a motion is to be heard in General Chambers or Special Chambers. […]

July 4, 2004

Family Law Project – The Conclusion, Final Report 93

This report sets out the process by which ALRI has proposed rules for the revision of the Alberta Rules of Court. The Rules of Court Committee requested ALRI to review the Alberta Rules of Court. The ultimate goal of the project was to produce clear, more useable and more effective Rules. Other goals included increased fairness, timeliness, cost effectiveness and accessibility. Through extensive consultation, ALRI created a list of proposed Rules. They are arranged in […]

June 29, 2004

Exemption of Future Income Plans on Death, Final Report 92

This report deals with creditor protection upon death of the plan holder. The principle issue in this report is whether registered retirement savings plans (RRSPs), registered retirement income funds (RRIFs) and deferred profit sharing plans (DPSPs) should be wholly or partially exempt from the remedies of the creditors of the deceased plan holder. Recommendations apply to all RRSPs, RRIFs and DPSPs and recommendations differ somewhat from the creditor protection that now exists for insurance RRSPs, […]

May 30, 2004

Exemption of Future Income Plans, Final Report 91

This report considers whether registered retirement savings plans (RRSPs), deferred profit sharing plans (DPSPs), and registered retirement income funds (RRIFs) should be wholly or partly exempt from creditors’ remedies during the lifetime of the plan holder. This report also considers the exempt status of locked-in retirement accounts (LIRAs), life income funds (LIFs) and locked-in retirement income funds (LRIFs). Draft legislation is included. This report states that insurance and non-insurance RRSPs, DPSPs and RRIFs as defined […]

May 29, 2004

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