Setting Civil Trial dates by Order—Pilot Project: Alberta Court of King’s Bench takes Big Step Towards Addressing Delay in Commercial Litigation

April 30, 2024

Written By Tyler McDonough and Graham Bowden

The Alberta Court of King's Bench has introduced a pilot project aimed at moving non-family civil actions through the court system more expeditiously.

The pilot project allows a party to get a trial date much earlier in the litigation process. Previously, most litigants secured trial dates under R. 8.4 of the Alberta Rules of Court, which required parties to complete all pre-trial steps before requesting a trial date. Because trials are still scheduled a year or several years in advance, parties in Alberta could face a years-long delay before they were assigned their day in court.

Under the pilot project, parties to an action can now secure a trial date before completing all required pre-trial steps, so long as they satisfy the Court that these steps will be completed before the scheduled trial date. While R. 8.5 of the Rules has always granted a Justice of the Court of King’s Bench the authority to set a trial date in this manner, the pilot project establishes a more certain and streamlined process.

Parties can now file an application to set a trial date after the close of pleadings and 90 days after the deadline for serving affidavits of records, using the following process:

1. The party seeking the trial date (the Applicant) must draft and serve a proposed litigation plan, which sets a court-ordered schedule for the action, and a proposed order for trial on all other parties to the action.
2. Within 10 days of service of the above, all other parties (the Respondents) must respond to the Applicant's proposed litigation plan and order, adding information as necessary pertaining to their case(s) and position(s).
3. The Applicant must then file its application, modifying its materials in good faith based on the information provided by the Respondents and other relevant information relating to when the action will be ready for trial and how many days will be needed. Though not included in the Notice to the Profession announcing the pilot project, presumably parties can address any disagreements with the Court during their scheduled application date.
4. Applications will be heard in Edmonton and Calgary on the last Friday of every month, starting May 31, 2024. For other judicial centres, applications are heard by case conference under R. 4.10 of the Rules.

Implications for Commercial Litigation in Alberta

Securing trial dates earlier in the litigation process will move actions to trial faster. The pilot project empowers the parties in the Court of Kings Bench of Alberta to transform pre-trial procedure from an open-ended process to a deadline driven one and increases parties' accountability to meet the deadlines they set. Paired with the Court’s introduction of streamlined trials earlier this year, the pilot project is a further indication that Alberta courts are keen to improve litigation efficiencies.

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