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 that is tailored to local conditions and needs. The traditional system of litigation management should be maintained with the central element of lawyer responsibility for the progress of an action, but certain elements drawn from Caseflow Management systems should be added. It is also recommended that Alberta adopt time standards based on the time required for each step in the action and that a comprehensive timetable, which can be amended by agreement between the parties, apply to each action. The Committee recommends the Alberta court system have three litigation “tracks”: simple, standard and customized. The Committee made several remedial recommendations to ensure that the timetable is not a source of delay. The Committee would like to receive feedback from the legal profession as to whether “action protocols” to govern what happens in an action after the pleadings are filed, based on the best practices available, would be a useful addition to the Rules. As well, the Committee seeks input as to whether it seems necessary to retain a separate Streamlined Procedure, or, alternatively, whether the limits on discovery and appeal should be incorporated into the Simple Track.
Consultation Memoranda
Back to Publication SearchRules: Management of Litigation, Consultation Memorandum 12.5
Resource Details
Publication No: | 12.05 |
FORMAT: | Publications |
TAGS: | Appeal, Court, evidence, Limitation, Practice, Rule, Service, Substantive, Validity |
FILE: | cm0125.pdf |