Alberta Rules of Court

1 Alberta Rules OF Court Effective November 1, 2010 AR 124/2010 Includes changes from AR 72/2022 VOLUME ONE Published July 1, 2022 September, 2021 Alberta Rules of Court Volume 1 Part 1: Foundational Rules Part 2: The Parties to Litigation Part 3: Court Actions Part 4: Managing Litigation Part 5: Disclosure of Information Part 6: Resolving Issues and Preserving Rights Part 7: Resolving Claims Without Full Trial Part 8: Trial Part 9: Judgments and Orders Part 10: Lawyers Charges, Recoverable Costs of Litigation, and Sanctions Part 11: Service of Documents Part 12: Family Law Rules Part 13: Technical Rules Part 14: Appeals Part 15: Transitional Provisions and Coming Into Force Schedule A: Forms Division 1 civil Forms Division 2 Family Forms Schedule B: Court Fees and Witness and Other Allowances Schedule C: Tariff of Recoverable Fees Appendix.

2 Definitions Index September, 2021 Volume 2 Surrogate Court Surrogate Rules Surrogate Practice Notes Surrogate Rules Index Court of Queen s Bench Court of Queen s Bench Notices to the Profession and Public Court of Queen s Bench civil Practice Notes Court of Queen s Bench Family Practice Notes Court of Queen s Bench Commercial Practice Notes Court of Appeal Court of Appeal Notices to the Profession Court of Appeal Practice Directions Criminal Provincial Court Criminal Rules Court of Queen s Bench Criminal Procedure Rules Court of Queen s Bench Criminal Practice Notes Court of Appeal Criminal Appeals Rules Provincial Court civil Procedure Regulation civil Forms Regulation civil Division Mediation Rules Fees Regulation Provincial Court Practice Notes Provincial Court Procedures (Family Law) Regulation Intake and Caseflow Management Regulation Constitutional Notice Regulation Winding-up Rules Local Authorities Election Act Judgment Interest Regulation Alberta Rules of Court Information Notes Information Notes i Information Note About These Rules Definitions Words and phrases that have defined meanings in these Rules are collected in the Appendix [Definitions] to these Rules .

3 Organization There are 15 Parts, 3 Schedules, and one Appendix to the Alberta Rules of Court . These Rules govern the practice and procedure in civil proceedings in the Court of Queen s Bench and the Court of Appeal. Surrogate Rules can be found in Surrogate Rules (AR 130/95). Generally speaking, the Parts are organized in the same sequence as a legal action in Court proceedings, although Rules for service of documents are in Part 11 [Service of Documents], and some of the more technical Rules are collected in Part 13 [Technical Rules ]. Here is an overview of each Part of the Rules , the Schedules, and the Appendix: Part 1 [Foundational Rules ] contains the philosophy underlying the Rules through purpose and intention statements. This is followed by Rules about the general authority of the Court over practice and procedure and the remedies the Court may provide.

4 The Part also describes how the Rules are to be interpreted. The foundational Rules are critical to the interpretation of everything else in the Rules . Part 2 [The Parties to Litigation] includes Rules related to Court actions involving personal representatives, trustees, partnerships and other entities. There are also Rules for when a litigation representative must be appointed and the responsibilities of lawyers of record. Part 3 [ Court Actions] Division 1 describes the process for starting Court actions and where to start them. Court actions are typically started either by filing in Court a statement of claim or an originating application. Division 2 describes the process for actions started by originating application, including originating applications for judicial review. Division 3 describes the process for actions started by statement of claim, defending them, making counterclaims and third party claims.

5 Division 4 deals with obtaining more particulars about a claim and amendments to and close of pleadings, and Division 5 deals with significant deficiencies in claims and pleadings. Division 6 includes Rules for joining or separating claims and parties and changes to parties. Part 4 [Managing Litigation] puts the responsibility for managing litigation started by statement of claim on the parties to a legal action and creates a framework for doing that. Court assistance is available to move the case along, including management of an action by a case management judge. Alberta Rules of Court Information Notes Information Notes ii For most actions started by statement of claim, the parties must attempt to resolve the dispute through a dispute resolution process before obtaining a trial date. The Rules recognize judicial dispute resolution as one means of resolving litigation without a full trial.

6 Part 4 also includes processes to obtain an order to secure payment of a costs award and a formal process to settle legal actions designed to ensure careful consideration of offers of settlement. Divisions 6 and 7 deal with delay in Court proceedings, and transfer and transmission of interests respectively. Part 5 [Disclosure of Information] describes the information that must be disclosed by the parties to a Court action to each other, and when and how the parties may question each other about the case. Early disclosure of facts and admissions help parties to evaluate the case and can facilitate early resolution of the dispute. This Part also deals with expert reports and medical examinations by health care professionals. Part 6 [Resolving Issues and Preserving Rights] includes Rules for making applications to the Court (also known as interlocutory applications) to obtain Court directions or to resolve issues arising during the course of a Court action.

7 The Part also includes Rules for obtaining evidence outside Alberta , orders for the protection and inspection of property, and Rules respecting replevin orders and interpleader proceedings. Part 7 [Resolving Claims Without a Full Trial] includes Rules for applying for summary judgment and applying for judgment by way of a summary trial proceeding . The Part also includes a mechanism for the Court to resolve particular issues or questions that can help expedite or resolve a claim; for example, deciding a question of law. Part 8 [Trial] contains Rules for scheduling a trial date and the conduct of a trial. Part 9 [Judgments and Orders] includes Rules for preparing, entering and enforcing the Court s judgments and orders, and for registration of judgments and orders from reciprocating jurisdictions. Part 10 [Lawyer s Charges, Recoverable Costs of Litigation and Sanctions].

8 This Part includes Rules for the review of retainer agreements between a lawyer and client, a lawyer s charges, and contingency fee agreements by a review officer. The Part then deals with how the costs of litigation are assessed by the Court or by an assessment officer. Processes are included to appeal the decisions of review officers and assessment officers to a judge. The Part also deals with sanctions for contravention of these Rules and the circumstances that could cause the Court to declare a person in civil contempt of Court . Part 11 [Service of Documents] sets out the Rules for how documents starting an action, called commencement documents, and other documents must be served inside and outside Alberta , together with Rules for validating service, substitutional service, setting aside service and proof of service.

9 Alberta Rules of Court Information Notes Information Notes iii February, 2020 Part 12 [Family Law Rules ] sets out the Rules for family law matters. The Part applies to proceedings under the Divorce Act, the Family Law Act, the Family Property Act, the Matrimonial Property Act, the Protection Against Family Violence Act, the Extra-provincial Enforcement of Custody Orders Act, and to family law matters under the Change of Name Act and the Law of Property Act. The Part also applies to restraining orders and to actions for unjust enrichment in the family law context. Unless a different procedure is specified in Part 12, the other Parts of the Rules also apply to family law matters. The Part is divided into Divisions which correspond to the other Parts of the Rules , so that one can quickly identify any exceptions which apply to family law matters.

10 Part 13 [Technical Rules ] contains Rules about calculating time, pleadings and amendments to them, affidavits, exhibits, payments into and out of Court , certifying copies of documents, payment of fees and allowances and various administrative matters related to the Court clerk and other Court officers. Part 14 [Appeals] governs appeals to the Court of Appeal. Part 15 [Transitional Provisions and Coming Into Force] deals with issues to provide for a smooth transition to the new Rules . There are 3 Schedules to the Rules : Schedule A [Forms] includes forms prescribed by the Rules for use under the Rules , Schedule B [ Court Fees and Witness and Other Allowances] prescribes Court fees payable and allowances payable to witnesses, jurors and experts, and Schedule C [Tariff of Recoverable Fees] sets out a series of fees for services performed in a legal action to which reference may or will be made by the Court or an assessment officer.