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Alberta Rules of Court Project

Alberta Rules of Court Project. Sandra Petersson, Counsel ALBERTA LAW REFORM INSTITUTE CBA Research Lawyers ’ Section Edmonton September 28, 2005. Consultation Memoranda. General Rules Rewrite Committee 12.1 Commencement of Proceedings 12.4 Parties 12.8 Pleadings

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Alberta Rules of Court Project

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  1. Alberta Rules of CourtProject Sandra Petersson, Counsel ALBERTA LAW REFORM INSTITUTE CBA Research Lawyers’ Section Edmonton September 28, 2005

  2. Consultation Memoranda • General Rules Rewrite Committee • 12.1 Commencement of Proceedings • 12.4 Parties • 12.8 Pleadings • 12.9 Joining Claims and Parties • 12.10 Motions and Orders • 12.12 Summary Disposition of Actions • 12.14 Miscellaneous Issues • 12.16 Trial and Evidence Rules • 12.17 Discovery and Evidence Issues

  3. Consultation Memoranda • Early Dispute Resolution Committee • 12.6 Promoting Early Resolution of Disputes • Discovery and Evidence Committee • 12.2 Document Discovery • 12.3 Expert Evidence • 12.7 Discovery and Evidence Issues • Management of Litigation Committee • 12.5 Management of Litigation

  4. Consultation Memoranda • Enforcement of Judgments Committee • 12.11 Enforcement of Judgments and Orders • Judicial Review Committee • 12.13 Judicial Review • Criminal Rules Committee • 12.15 Non-Disclosure Order Application Procedures • Project Steering Committee • 12.18 Self-represented Litigants • Appeals

  5. Process to Completion • 2005 • Drafting • CMs to come: Criminal Rules, Appeals • Tidy up loose end policy issues • Prepare concordance • Final Report • Present Final Report and draft rules to the legal community • 2006 • Project complete • LESA seminars; Staff training; Forms production

  6. Research Issues • Legislative background • ARC is a regulation • Consolidations 1914, 1923, 1954, 1962 • Revised rules 1944, (1968) • Changes to court structure • Maintained as looseleaf service since 1968

  7. Research Issues • Legislative background • Civil Procedure reform generally • Linked to access issues • Transitory nature of specialist reports • Woolf reforms (UK)

  8. Research Issues • Legislative background • Civil Procedure reform generally • Record of the Rules Project • Consultation memoranda • Final report • Table of concordance • Educational materials (LESA) • Searching the ALRI website

  9. Research Issues • Legislative background • Civil Procedure reform generally • Record of the Rules Project • Project objectives

  10. Objectives#1 - Maximize the Rules’ ClarityResults will include: • simplifying complex language • revising unclear language • consolidating repetitive provisions • removing obsolete or spent provisions • shortening Rules where possible

  11. Rule 27 A defendant before delivering a defence may apply to the Court to set aside the service of the statement of claim upon him, to discharge or set aside the order authorizing such service or to set aside the statement of claim, on the ground of irregularity or otherwise, and the application shall not be deemed to be a submission to the jurisdiction of the Court.

  12. Setting aside service (draft) (1) Before filing a statement of defence of demand of notice, a defendant may apply to the court for an order for either or both of the following: (a) set aside service of a commencement document; (b) set aside and order for substitutional service or an order dispensing with service of the commencement document (2) An application under (1) is not an acknowledgment that the court has jurisdiction with respect to a claim.

  13. Objectives#2 - Maximize the Rules’ UseabilityResults will include: • Reorganizing the Rules according to conceptual categories within a coherent whole • Restructuring the Rules so that it is easier to locate relevant provisions on any given topic

  14. Part A: Resolving matters without a full trial • Division B: Summary trials • Application for judgment in a summary trial • Objection to application • Criteria for summary trial • Practice and procedural direction for summary trial • Evidence at summary trial • Decision after summary trial • Limitation on judge hearing both summary trial and trial

  15. Objectives#3 - Maximize the Rules’ EffectivenessResults will include: • Updating the Rules to reflect modern practices • Pragmatic reforms to enhance the courts’ process of justice delivery • Designing the Rules so they facilitate the courts’ present and future responsiveness to ongoing technological change, foreseeable systems change and user needs

  16. Objectives#4 - Maximize the Rules’ Advance of Justice System ObjectivesResults will include: • Pragmatic reforms to advance justice system objectives for civil procedure such as fairness, accessibility, timeliness and cost effectiveness

  17. Purpose Clauses • For the Rules generally • For specific parts within the rules • Why? • To ensure that the rules are interpreted liberally to secure the just, most expeditious and least expensive determination of every proceeding on its merits

  18. Contact Us Alberta Law Reform Institute 402 Law Centre, University of Alberta Edmonton AB T6G 2H5 Phone: (780) 492-5291 Fax: (780) 492-1790 E-mail: reform@alri.ualberta.ca Website: www.law.ualberta.ca/alri

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