Alberta
| Delay to file a statement of defence | A Statement of Defence is required 20 days after service of the Statement of Claim (1 month if service is outside Alberta) but this is ordinarily extended on agreement between counsel. Filing a Notice of Intent to Defend provides an additional 10 days to file a Defence. |
| Affidavit of documents: which documents? Under which circumstances? | Production of all relevant and material records is required in all cases and is done early to facilitate evaluation of the parties' positions. The plaintiff must serve an affidavit of records 3 months after the statement of defence is filed and the defendant must serve an affidavit 2 months after that. An application can be brought at any time by either party for a further and better affidavit. |
| Rules of discovery | Delay to examine before plea | Delay to examine after plea | Oral discovery is ordinarily held once affidavits of records are exchanged and are ordinarily set by agreement of counsel but can be done with a formal appointment, if necessary. |
| Delay to set the case ready for trial | Trial can be set on completion of a Form 37 which confirms the matter is ready for trial including disclosure and exchange of all experts' reports to be relied on at trial or by application of one of the parties. |
| Time to obtain trial dates once the certificate of readiness is issued | Trial dates are set once Form 37 is submitted on agreement between counsel. A case conference can be requested at any stage if necessary to assist counsel. |
| Court settlement Conference: a mandatory process or not? | There was a mandatory step added to the Rules of Court recently in Queen's Bench to attempt settlement either through private mediation or Judicial Dispute Resolution but this requirement has been lifted likely because the system was overloaded with requests for JDR's. There is always a required pre-trial conference in Provincial Court which is essentially a settlement conference. |
| Mediation | Mediations can be done anytime on agreement between the parties with a private mediator or a Judge. |
| Simplified procedures (fast track and Small claims Court) (monetary limits) | The Provincial Court limit is $25,000 and fast tracks cases through the system. In Queen's Bench cases are categorized as standard or complex cases initially and the steps to be taken vary depending on that categorization. There are also methods of resolving claims without full trials including trial of an issue, summary judgment or summary trial but the use of these is fairly limited. |
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Delay to file an appearance |
Not applicable. |
The RMC member in Alberta are:
Calgary & Edmonton
