The role of case management counsel at the Court of Queen’s Bench of Alberta was recently legislatively recognized at ss 16.1 and 16.2 of the Court of Queen’s Bench Act.
First rolled out as a pilot project in 2011, the position of case management counsel has now become a permanent fixture at the court house. There are currently two counsel in Edmonton (Brenda Kaminski QC and Michelle Pidhirney) and two in Calgary (Catherine Christopher QC and Susan Borsic-Drummond).
A Notice to the Profession (NP #2011-03) outlines the authority and duties of these counsel, which includes narrowing or resolving issues, assisting with scheduling, and vetting applications to be made by the parties. They are also empowered to conduct references under Rule 6.45 of the Alberta Rules of Court. The mandate of case management counsel applies only to case-managed files and is only available to cases formally assigned into case management. Currently, counsel in Edmonton gets involved with all types of civil cases, regardless of whether the parties are self-represented or have counsel; in Calgary, they take only high conflict family cases with at least one self-represented litigant.
A case is referred to case management counsel in one of two ways:
- By the Chief Justice (in Calgary) or Associate Chief Justice (in Edmonton), on the case being assigned into case management, but before going before a case management judge.
- By the assigned case management judge, once the case is already in case management.
According to Michelle Pidhirney, “The role of case management counsel has become an important element of the case management process. We complement the work of the judiciary in a way that makes efficient use of judicial resources and is of value to parties and to counsel. We assist with ensuring the effective administration of case managed actions to improve access to justice for all litigants, particularly those who are self-represented.”
Karen McDougall, LESA Counsel
