On June 27, 2016, the Alberta Court of Queen’s Bench released a Notice to the Profession and Public regarding civil and family case management.
Under the Alberta Rules of Court, Alta Reg 124/2010 [Rules], parties to litigation are responsible for managing their dispute and planning its resolution in a timely and cost-effective manner. If the Court is not satisfied that parties are managing their litigation in accordance with the Rules, there are several measures available under r 4.11. These include conferences with the Court and case management by the Court [CM].
Conferences are meant to provide short-term assistance to litigants. CM is more involved. It is generally a longer process and may involve identifying issues, discussing resolution, making interim rulings, and creating a litigation plan. Neither conferences nor CM relieve parties of the responsibility to manage their dispute and plan its resolution in a timely and cost-effective way.
Appointment of Case Management Justice
The decision to appoint a Case Management Justice [CMJ] rests with the Chief Justice [CJ] or Associate Chief Justice [ACJ]. However, CM is mandatory in certain situations, such as: class proceedings, cases involving civil juries, and cases involving Family Law Practice Note 5. The CJ or ACJ may also appoint a CMJ for any of the following reasons: to encourage parties to participate in a dispute resolution process, to promote and ensure the fair and efficient conduct and resolution of the case, to keep the parties on schedule, or to facilitate preparation for trial.
The CJ and ACJ may consider a number of factors in determining whether or not to appoint a CMJ, including, but not limited to, whether the case involves numerous applications, complex issues, a great degree of conflict between the parties, or Family Law Practice Note 7 or 8.
To request a CMJ, parties must submit a request to the CJ or ACJ using a particular form.
Role of Case Management Justice
The role of a CMJ includes:
- Ordering parties to take steps to identify or simplify the pertinent issues;
- Establishing, substituting, or amending a complex case litigation plan and ordering parties to comply with the plan;
- Making Orders to facilitate steps in the case and to promote the fair and efficient resolution of the case;
- Facilitating an alternative dispute resolution process; and
- Making any procedural Order necessary.
Unless the CJ, ACJ, or CMJ directs otherwise, the CMJ must hear every application in a CM case. Parties require CMJ approval to schedule an appointment in Chambers or before another justice.
Removal of Cases from Case Management
Cases are automatically removed from CM at the conclusion of trial unless otherwise ordered. CMJs can also remove cases from CM if they determine it is no longer required. If parties settle, they should contact the CMJ and request removal from CM.
Referral of Cases to Case Management Counsel
There are 2 ways cases are referred to case management counsel [CMC]:
- When appointing a CMJ, the CJ or ACJ may direct parties to meet with CMC before meeting with the CMJ, and
- A CMJ may involve CMC in a case that is already in CM.
CMC may also occasionally become involved in cases that are not in CM.
Calgary CMC are primarily assigned to the Judicial Centres of Calgary, Medicine Hat, and Lethbridge. Edmonton CMC are primarily assigned to the Judicial Centres of Edmonton, Red Deer, and Grande Prairie. CMC may also occasionally become involved in cases in other Judicial Centres.
The process of booking hearings with CMC differs between Judicial Centres. To book a hearing in Edmonton, Red Deer, or Grande Prairie, parties can book online or contact the Edmonton CMC assistant. To book a hearing in Calgary, Medicine Hat, or Lethbridge, parties must send their request in writing to CMC by regular mail or facsimile copied to all parties.
Powers and Duties of Case Management Counsel
CMC are Deputy Clerks and Officers of the Court. They may perform all duties with respect to the CM of cases that are assigned to them by the CJ and by the Rules. The CJ has delegated the power to make certain directions and recommendations and carry out certain other functions. For a detailed list of CMC powers, please follow the link below.
