Alberta Record

· Order in Council / Alberta Rules of Court Amendment Regulation · in-force

Alberta rules of court amendment regulation streamlined trials

This Order in Council enacts the Alberta Rules of Court Amendment Regulation, introducing 'streamlined trials' as a new mode of trial for civil actions and making consequential amendments to court procedures and the scope of judicial autho…

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What changed

  • Repeals and substitutes Rule 4.15, clarifying that a case management judge generally cannot preside over a streamlined trial or trial for which they are appointed, unless all parties and the judge agree.
  • Amends Rule 4.24 to include 'streamlined trial' in references to scheduled hearings and trial starts, and Rule 4.29(4)(b) regarding formal offers to settle.
  • Repeals Division 3 of Part 7 and introduces a new Division 5 in Part 8, titled 'Streamlined Trial,' which includes new rules 8.25 to 8.31.
  • Substitutes Rule 8.1, establishing 'a judge alone at a streamlined trial' as a new mode of trial alongside jury trials and judge-alone trials.
  • Adds new rules 8.25 to 8.31, detailing the criteria for ordering a streamlined trial, application procedures, dispute resolution, record preparation, scheduling, and trial procedure, including a default for evidence by affidavit.
  • Amends various other rules (e.g., 6.10, 6.37, 10.31, 10.41, 12.49, 14.5, 14.36) to incorporate references to streamlined trials or make consequential adjustments to court processes.

Why it matters

  • Introduces a new procedural mechanism designed to resolve certain civil claims more efficiently, potentially reducing the time and resources required for litigation.
  • Alters the procedural landscape for litigants by providing a mechanism for the Court to direct a streamlined trial, even on its own motion, if deemed necessary and proportionate.
  • Shifts the default mode of evidence presentation in streamlined trials to affidavit, potentially reducing the need for extensive oral testimony and cross-examination, subject to judicial discretion.
  • Establishes a joint responsibility for parties to prepare the streamlined trial record, emphasizing efficiency and focusing on undisputed facts and relevant evidence.
  • Grants judges discretion to impose costs awards or penalties if an objection to a streamlined trial is deemed unjustified, potentially influencing parties' willingness to challenge this mode of trial.
  • Modifies the scope of judicial authority by empowering the Court to order or direct a streamlined trial and make procedural orders specific to this new process.

Other governance concerns

  • Changes to procedural rights in civil litigation
  • Impact on access to justice through new trial modes
  • Alteration of judicial discretion in trial management
  • Potential for increased costs or penalties for objecting to streamlined trials

Primary sources (1)

Secondary sources (4)