O.C. 256/2010

July 14, 2010

A.R. 124/2010

July 19, 2010

 


            The Lieutenant Governor in Council makes the Alberta Rules of Court Regulation set out in the attached Appendix.

For Information only

Recommended by:            Minister of Justice and Attorney General

Authority:                             Judicature Act
                                                (section 28.1)


APPENDIX

Judicature Act

ALBERTA RULES OF COURT

Table of Contents

Part 1
Foundational Rules

Division 1
Purpose and Intention of These Rules

             1.1       What these rules do

             1.2       Purpose and intention of these rules

Division 2
Authority of the Court

             1.3       General authority of the Court to provide remedies

             1.4       Procedural orders

             1.5       Rule contravention, non-compliance and irregularities

             1.6       Changes to these rules

Division 3
Interpreting These Rules

             1.7       Interpreting these rules

             1.8       Interpretation Act

             1.9       Conflicts and inconsistencies with enactments

           1.10       Where definitions are located

Part 2
The Parties To Litigation

Division 1
Facilitating Legal Actions

             2.1       Actions by or against personal representatives and trustees

             2.2       Actions by or against partners and partnerships

             2.3       Suing individual partners

             2.4       Disclosure of partners

             2.5       Actions by and against sole proprietors

             2.6       Representative actions

             2.7       Amendments to pleadings in class proceedings

             2.8       Questioning of class and subclass members

             2.9       Class proceedings practice and procedure

           2.10       Intervenor status

Division 2
Litigation Representatives

           2.11       Litigation representative required

           2.12       Types of litigation representatives and service of documents

           2.13       Automatic litigation representatives

           2.14       Self-appointed litigation representatives

           2.15       Court appointment in absence of self-appointment

           2.16       Court-appointed litigation representatives in limited cases

           2.17       Lawyer appointed as litigation representative

           2.18       Approval of settlement

           2.19       Court approval of settlement, discontinuance, and
abandonment of actions

           2.20       Money received by litigation representative

           2.21       Litigation representative:  termination, replacement,
terms and conditions

Division 3
Representation or Assistance Before the Court

           2.22       Self-represented litigants

           2.23       Assistance before the Court

Division 4
Lawyer of Record

           2.24       Lawyer of record

           2.25       Duties of lawyer of record

           2.26       Verifying lawyer of record

           2.27       Retaining lawyer for limited purposes

           2.28       Change in lawyer of record or self‑representation

           2.29       Withdrawal of lawyer of record

           2.30       Service after lawyer ceases to be lawyer of record

           2.31       Withdrawal after trial date scheduled

           2.32       Automatic termination of lawyer of record and resolving difficulties

Part 3
Court Actions

Division 1
Court Actions and Their Venue

             3.1       Rules govern Court actions

             3.2       How to start an action

             3.3       Determining the appropriate judicial centre

             3.4       Claim for possession of land

             3.5       Transfer of action

             3.6       Where an action is carried on

             3.7       Post-judgment transfer of action

Division 2
Actions Started by Originating Application

Subdivision 1
General Rules

             3.8       Originating applications and associated evidence

             3.9       Service of originating application and evidence

           3.10       Application of Part 4 and Part 5

           3.11       Service and filing of affidavits and other evidence in reply
and response

           3.12       Application of statement of claim rules to originating applications

           3.13       Questioning on affidavit and questioning witnesses

           3.14       Originating application evidence (other than judicial review)

Subdivision 2
Additional Rules Specific to Originating Applications for Judicial Review

           3.15       Originating application for judicial review

           3.16       Originating application for judicial review:  habeas corpus

           3.17       Attorney General’s right to be heard

           3.18       Notice to obtain record of proceedings

           3.19       Sending in certified record of proceedings

           3.20       Other circumstances when record of proceedings may be required

           3.21       Limit on questioning

           3.22       Evidence on judicial review

           3.23       Stay of decision

           3.24       Additional remedies on judicial review

Division 3
Actions Started by Statement of Claim

Subdivision 1
Statement of Claim

           3.25       Contents of statement of claim

Subdivision 2
Time Limit for Service of Statement of Claim

           3.26       Time for service of statement of claim

           3.27       Extension of time for service

           3.28       Effect of not serving statement of claim in time

           3.29       Notice of extension of time for service

Subdivision 3
Defence to Statement of Claim, Reply to Defence and Demand for Notice

           3.30       Defendant’s options

           3.31       Statement of defence

           3.32       Additional options for defendant who files defence

           3.33       Reply to defence

           3.34       Demand for notice by defendant

           3.35       Judgment or order by agreement

Subdivision 4
Failure to Defend

           3.36       Judgment in default of defence and noting in default

           3.37       Application for judgment against defendant noted in default

           3.38       Judgment for recovery of property

           3.39       Judgment for debt or liquidated demand

           3.40       Continuation of action following judgment

           3.41       When no defence is filed in foreclosure action

           3.42       Limitation on when judgment or noting in default may occur

Subdivision 5
Claims Against Co-defendants

           3.43       How to make claim against co-defendant

Subdivision 6
Third Party Claims

           3.44       When third party claim may be filed

           3.45       Form of third party claim

           3.46       Third party defendant becomes party

           3.47       Third party defendant’s options

           3.48       Plaintiff’s options

           3.49       Third party statement of defence

           3.50       Demand for notice by third party defendant

           3.51       Effect of demand for notice

           3.52       Consequences of not filing third party statement of defence

           3.53       Judgment against third party defendant

           3.54       Plaintiff’s reply to third party defence

           3.55       Application of rules to third party claims

Subdivision 7
Counterclaims

           3.56       Right to counterclaim

           3.57       Contents of counterclaim

           3.58       Status of counterclaim

           3.59       Claiming set-off

           3.60       Application of rules to counterclaims

Division 4
Request for Particulars, Amendments to Pleadings
and Close of Pleadings

           3.61       Request for particulars

           3.62       Amending pleading

           3.63       Identifying amendments to pleadings

           3.64       Time limit for application to disallow amendment to pleading

           3.65       Permission of Court to amendment before or after close of pleadings

           3.66       Costs

           3.67       Close of pleadings

Division 5
Significant Deficiencies in Claims

           3.68       Court options to deal with significant deficiencies

Division 6
Refining Claims and Changing Parties

Subdivision 1
Joining and Separating Claims and Parties

           3.69       Joining claims

           3.70       Parties joining to bring action

           3.71       Separating claims

           3.72       Consolidation or separation of claims and actions

           3.73       Incorrect parties not fatal to actions

Subdivision 2
Changes to Parties

           3.74       Adding, removing or substituting parties after close of pleadings

           3.75       Adding, removing or substituting parties to originating application

           3.76       Action to be taken when defendant or respondent added

           3.77       Subsequent encumbrancers not parties in foreclosure action

Part 4
Managing Litigation

Division 1
Responsibility of Parties

             4.1       Responsibility of parties to manage litigation

             4.2       What the responsibility includes

             4.3       Categories of court action

             4.4       Standard case obligations

             4.5       Complex case obligations

             4.6       Settling disputes about complex case litigation plans

             4.7       Monitoring and adjusting dates

             4.8       Court may categorize actions

Division 2
Court Assistance in Managing Litigation

             4.9       Orders to facilitate proceedings

           4.10       Assistance by the Court

           4.11       Ways the Court may manage action

           4.12       Request for case management

           4.13       Appointment of case management judge

           4.14       Authority of case management judge

           4.15       Case management judge presiding at summary trial and trial

Division 3
Dispute Resolution by Agreement

Subdivision 1
Dispute Resolution Processes

           4.16       Dispute resolution processes

Subdivision 2
Judicial Dispute Resolution

           4.17       Purpose of judicial dispute resolution

           4.18       Judicial dispute resolution process

           4.19       Documents resulting from judicial dispute resolution

           4.20       Confidentiality and use of information

           4.21       Involvement of judge after process concludes

Division 4
Security for Payment of Costs Award

           4.22       Considerations for security for costs order

           4.23       Contents of security for costs order

Division 5
Settlement Using Court Process

           4.24       Formal offers to settle

           4.25       Acceptance of formal offer to settle

           4.26       If costs are not dealt with in formal offer to settle

           4.27       Status of formal offer to settle and acceptance

           4.28       Confidentiality of formal offer to settle

           4.29       Costs consequences of formal offer to settle

           4.30       When this Division does not apply

Division 6
Delay in an Action

           4.31       Application to deal with delay

           4.32       Agreement about delay

           4.33       Dismissal for long delay

Division 7
Transfer and Transmission of Interest

           4.34       Stay of proceedings on transfer or transmission of interest

           4.35       Death has no effect on action after evidence heard

Division 8
Discontinuance

           4.36       Discontinuance of claim

           4.37       Discontinuance of defence

Part 5
Disclosure of Information

             5.1       Purpose of this Part

Division 1
How Information Is Disclosed

Subdivision 1
Introductory Matters

             5.2       When something is relevant and material

             5.3       Modification or waiver of this Part

             5.4       Appointment of corporate representatives

Subdivision 2
Disclosing and Identifying Relevant and Material Records

             5.5       When affidavit of records must be served

             5.6       Form and contents of affidavit of records

             5.7       Producible records

             5.8       Records for which there is an objection to produce

             5.9       Who makes affidavit of records

           5.10       Subsequent disclosure of records

           5.11       Order for record to be produced

           5.12       Penalty for not serving affidavit of records

           5.13       Obtaining records from others

           5.14       Inspection and copying of records

           5.15       Admissions of authenticity of records

           5.16       Undisclosed records not to be used without permission

Subdivision 3
Questions to Discover Relevant and Material Records and Relevant and Material Information

           5.17       People who may be questioned

           5.18       Persons providing services to corporation

           5.19       Limit or cancellation of questioning

           5.20       When questioning is to take place

           5.21       Appointment for questioning

           5.22       Questioning options

           5.23       Preparation for questioning

           5.24       Oral and written questioning limitations

           5.25       Appropriate questions and objections

           5.26       Transcript of oral questioning

           5.27       Continuing duty to disclose

           5.28       Written questions

           5.29       Acknowledgment of corporate witness’s evidence

           5.30       Undertakings

           5.31       Use of transcript and answers to written questions

           5.32       When information may be used

           5.33       Confidentiality and use of information

Division 2
Experts and Expert Reports

           5.34       Service of expert’s report

           5.35       Sequence of exchange of experts’ reports

           5.36       Objection to expert’s report

           5.37       Questioning experts before trial

           5.38       Continuing obligation on expert

           5.39       Use of expert’s report at trial without expert

           5.40       Expert’s attendance at trial

Division 3
Medical Examinations by Health Care Professionals

           5.41       Medical examinations

           5.42       Options during medical examination

           5.43       Payment of costs of medical examinations

           5.44       Conduct of examination

Part 6
Resolving Issues and Preserving Rights

Division 1
Applications to the Court

             6.1       What this Division applies to

             6.2       Application to the Court to exercise its authority

Subdivision 1
Application Process Generally

             6.3       Applications generally

             6.4       Applications without notice

Subdivision 2
Application in Foreclosure Action

             6.5       Notice of application in foreclosure action

Subdivision 3
Responses, Replies and Decisions on Applications

             6.6       Response and reply to application

             6.7       Questioning on affidavit in support, response and reply to application

             6.8       Questioning witness before hearing

             6.9       How the Court considers applications

           6.10       Electronic hearing

           6.11       Evidence at application hearings

           6.12       If person does not get notice of application

           6.13       Recording hearings when only one party present

Subdivision 4
Appeal from Master’s Judgment or Order

           6.14       Appeal from master’s judgment or order

Subdivision 5
Procedure for Questioning

           6.15       Appointment for questioning under this Part

           6.16       Contents of notice of appointment

           6.17       Payment of allowance

           6.18       Lawyer’s responsibilities

           6.19       Interpreter

           6.20       Form of questioning and transcript

Division 2
Preserving Evidence and Obtaining Evidence Outside Alberta

           6.21       Preserving evidence for future use

           6.22       Obtaining evidence outside Alberta

           6.23       Duties of person authorized to take evidence

           6.24       Assistance to judicial authorities outside Alberta

Division 3
Preserving and Protecting Property or its Value and Inspection of Property

           6.25       Preserving or protecting property or its value

           6.26       Inspection or examination of property

           6.27       Notice before disposing of anything held by the Court

Division 4
Restriction on Media Reporting and Public Access to Court Proceedings

           6.28       Application of this Division

           6.29       Restricted court access applications and orders

           6.30       When restricted court access application may be filed

           6.31       Timing of application and service

           6.32       Notice to media

           6.33       Judge assigned to application

           6.34       Application to seal or unseal court files

           6.35       Persons having standing at application

           6.36       Confidentiality of information

Division 5
Facilitating Proceedings

           6.37       Notice to admit

           6.38       Requiring attendance for questioning

           6.39       Order to produce prisoner

Division 6
Resources to Assist the Court

Subdivision 1
Court Experts

           6.40       Appointment of court expert

           6.41       Instructions or questions to court expert

           6.42       Application to question court expert

           6.43       Costs of court expert

Subdivision 2
Referees

           6.44       Persons who are referees

           6.45       References to referee

           6.46       Referee’s report

Division 7
Court-appointed Receiver

           6.47       Court-appointed receiver

Division 8
Replevin

           6.48       Application of this Division

           6.49       Application for replevin order

           6.50       Replevin order

           6.51       Enforcement of replevin order

           6.52       Respondent may apply for remedy

           6.53       Expiry of replevin order

Division 9
Interpleader

           6.54       Definitions

           6.55       Nature of application for interpleader order

           6.56       Application for interpleader order

           6.57       Interpleader applicant not disentitled

           6.58       Interpleader order

           6.59       Civil enforcement agency application

           6.60       Several claims combined

           6.61       Enforcement from different courts

           6.62       Claim by third person

           6.63       Notice by civil enforcement agency

           6.64       Security interest

           6.65       Expeditious sale

Part 7
Resolving Claims Without Full Trial

Division 1
Trial of Particular Questions or Issues

             7.1       Application to resolve particular questions or issues

Division 2
Summary Judgment

             7.2       Application for judgment

             7.3       Application and decision

             7.4       Proceedings after summary judgment against party

Division 3
Summary Trials

             7.5       Application for judgment by way of summary trial

             7.6       Response to application

             7.7       Application of other rules

             7.8       Objection to application for judgment by way of summary trial

             7.9       Decision after summary trial

           7.10       Judge remains seized of action

           7.11       Order for trial

Part 8
Trial

Division 1
Mode of Trial

             8.1       Trial without jury

             8.2       Request for jury trial

             8.3       Deposit for jury

Division 2
Scheduling of Trial Dates

             8.4       Trial date:  scheduled by court clerk

             8.5       Trial date:  scheduled by the Court

             8.6       Notice of trial date

             8.7       Confirmation of trial date

Division 3
Attendance of Witnesses at Trial

             8.8       Notice to attend as witness at trial

             8.9       Requiring attendance of witnesses

Division 4
Procedure at Trial

           8.10       Order of presentation

           8.11       Absence of witnesses at trial

           8.12       Exclusion of witnesses

           8.13       No communication with excluded witnesses

           8.14       Unavailable or unwilling witness

           8.15       Notice of persons not intended to be called as witnesses

           8.16       Number of experts

           8.17       Proving facts

           8.18       Trial conducted by electronic hearing

           8.19       Use of trial evidence in subsequent proceedings

           8.20       Application for dismissal at close of plaintiff’s case

           8.21       Retrials

           8.22       Continuing trial without jury

           8.23       Judgment after jury trial

           8.24       Accidents and mistakes

Part 9
Judgments and Orders

Division 1
Preparation and Entry of Judgments and Orders

             9.1       Form of judgments and orders

             9.2       Preparation of judgments and orders

             9.3       Dispute over contents of judgment or order

             9.4       Signing judgments and orders

             9.5       Entry of judgments and orders

             9.6       Effective date of judgments and orders

             9.7       Certified copies

             9.8       Service of judgments and orders

Division 2
Determination of Damages, Judgment in Counterclaims and Judgment Against Beneficiaries

             9.9       Determining damages

           9.10       Judgment for balance on counterclaim

           9.11       Judgment against beneficiaries

Division 3
Corrections, Further Orders, Setting Aside, Varying and Discharging Judgments and Orders

           9.12       Correcting mistakes or errors

           9.13       Re-opening case

           9.14       Further or other order after judgment or order entered

           9.15       Setting aside, varying and discharging judgments and orders

           9.16       By whom applications are to be decided

Division 4
Enforcement of Judgments and Orders

           9.17       Enforcement:  orders for payment and judgments for payment into Court

           9.18       Judgments and orders subject to conditions

           9.19       Persons who are not parties

           9.20       Time writ remains in force

           9.21       Application for new judgment or order

           9.22       Application that judgment or order has been satisfied

           9.23       Enforcement against partners’ and partnership property

           9.24       Fraudulent preferences and fraudulent conveyances

           9.25       Order of possession of land

           9.26       Authority to evict occupants

           9.27       Removal, storage and sale of personal property

           9.28       Abandoned goods

           9.29       Questioning person to assist in enforcement

Division 5
Foreclosure Actions

           9.30       When affidavit of value must be filed

           9.31       Other material to be filed

           9.32       Offer for sale of secured property

           9.33       Sale to plaintiff

           9.34       Order confirming sale

           9.35       Checking calculations:  assessment of costs and corrections

           9.36       Service of certified bill of costs

Division 6
Sale and Disposition of Land Other than by Foreclosure Action

           9.37       Application of this Division

           9.38       Sale and disposition of land

           9.39       Terms, conditions and limitations on orders

Division 7
Reciprocal Enforcement of United Kingdom Judgments

           9.40       Definitions

           9.41       Scope

           9.42       Application to Court

           9.43       Affidavit in support of application for order to register convention judgment

           9.44       When application may be filed without notice

           9.45       Order to register convention judgment

           9.46       Convention judgment debtor’s application to set aside

           9.47       Convention judgment creditor’s appeal

           9.48       Appeal when order is made on notice

           9.49       Factors to be considered

Division 8
Registration of Judgments under Reciprocal Enforcement of Judgments Act

           9.50       Originating application to register judgment from reciprocating jurisdiction

           9.51       Notice of registration

Part 10
Lawyers’ Charges, Recoverable Costs of Litigation, and Sanctions

Division 1
Lawyers’ Charges, Retainer Agreements and Right of Review

           10.1       Definitions

Subdivision 1
Lawyers’ Charges

           10.2       Payment for lawyer’s services and contents of lawyer’s account

           10.3       Lawyer acting in representative capacity

           10.4       Charging order for payment of lawyer’s charges

Subdivision 2
Retainer Agreements

           10.5       Retainer agreements

           10.6       Void provisions

Subdivision 3
Contingency Fee Agreements

           10.7       Contingency fee agreement requirements

           10.8       Lawyer’s non-compliance with contingency fee agreement

Subdivision 4
Right of Review

           10.9       Reasonableness of retainer agreements and charges subject to review

        10.10       Time limitation on reviewing retainer agreements and charges

        10.11       Who may request review of lawyer’s charges

        10.12       Location of review

        10.13       Appointment for review

        10.14       Client‑obtained appointment:  lawyer’s responsibility

        10.15       Retainer agreement confidentiality

        10.16       Absence of person at appointment for review

        10.17       Review officer’s authority

        10.18       Reference to Court

        10.19       Review officer’s decision

        10.20       Enforcement of review officer’s decision

        10.21       Repayment of charges

        10.22       Action for payment of lawyer’s charges

        10.23       Costs of review

        10.24       Reviewing lawyer’s charges:  incomplete services and particular events

        10.25       Order to return records

Subdivision 5
Appeal from Review Officer’s Decision

        10.26       Appeal to judge

        10.27       Decision of judge

Division 2
Recoverable Costs of Litigation

Subdivision 1
General Rule, Considerations and Court Authority

        10.28       Definition of “party”

        10.29       General rule for payment of litigation costs

        10.30       When costs award may be made

        10.31       Court-ordered costs award

        10.32       Costs in class proceeding

        10.33       Court considerations in making costs award

        10.34       Court-ordered assessment of costs

Subdivision 2
Assessment of Costs by Assessment Officer

        10.35       Preparation of bill of costs

        10.36       Assessment of bill of costs

        10.37       Appointment for assessment

        10.38       Assessment officer’s authority

        10.39       Reference to Court

        10.40       Absence of person served with notice of appointment for assessment

        10.41       Assessment officer’s decision

        10.42       Actions within Provincial Court jurisdiction

        10.43       Certification of costs payable

Subdivision 3
Appeal from Assessment Officer’s Decision

        10.44       Appeal to judge

        10.45       Decision of the judge

Division 3
Other Matters Related to Lawyers’ Charges and Litigation Costs

        10.46       Review and assessment under enactments

        10.47       Liability of litigation representative for costs

        10.48       Recovery of goods and services tax

Division 4
Sanctions

Subdivision 1
Penalty

        10.49       Penalty for contravening rules

        10.50       Costs imposed on lawyer

Subdivision 2
Civil Contempt of Court

        10.51       Order to appear

        10.52       Declaration of civil contempt

        10.53       Punishment for civil contempt of Court

Division 5
Medical Examination

        10.54       Mental disorder

Division 6
Inherent Jurisdiction

        10.55       Inherent jurisdiction

Part 11
Service of Documents

Division 1
General Provisions

           11.1       Service of original documents and copies

           11.2       Service not invalid

Division 2
Service of Commencement Documents in Alberta

           11.3       Agreement between parties

           11.4       Methods of service in Alberta

           11.5       Service on individuals

           11.6       Service on trustees and personal representatives

           11.7       Service on litigation representatives

           11.8       Missing persons

           11.9       Service on corporations

        11.10       Service on limited partnerships

        11.11       Service on partnerships other than limited partnerships

        11.12       Service on individuals using another name

        11.13       Service on a corporation using another name

        11.14       Service on statutory and other entities

        11.15       Service on person providing an address for service

        11.16       Service on lawyer

        11.17       Service on lawyer of record

        11.18       Service on self-represented litigants

        11.19       Service on business representatives of absent parties

Division 3
Service of Documents, Other than Commencement Documents, in Alberta

        11.20       Service of documents, other than commencement documents, in Alberta

        11.21       Service by electronic method

        11.22       Recorded mail service

Division 4
Service of Documents, Other than Commencement Documents, in Foreclosure Actions

        11.23       Additional service options in foreclosure actions

        11.24       Notice of address for service in foreclosure actions

Division 5
Service of Documents Outside Alberta

        11.25       Real and substantial connection

        11.26       Methods of service outside Alberta

Division 6
Validating, Substituting, Dispensing with and Setting Aside Service

        11.27       Validating service

        11.28       Substitutional service

        11.29       Dispensing with service

        11.30       Proving service of documents

        11.31       Setting aside service

Division 7
Service of Foreign Process

        11.32       Procedure for service

Part 12
Family Law Rules

Division 1
Foundational Rules

           12.1       Definitions

           12.2       What this Part applies to

           12.3       Application of other Parts

           12.4       Forms

Division 2
The Parties to Litigation

           12.5       Requirement that parties be spouses

           12.6       Exception to rule 2.11(a)

Division 3
Court Actions

Subdivision 1
Actions Relating to Proceedings Under the Divorce Act (Canada) and Proceedings Under the Matrimonial Property Act

           12.7       Starting proceeding under Divorce Act (Canada)

           12.8       Starting proceeding under Matrimonial Property Act

           12.9       Starting combined proceeding

        12.10       Action for unjust enrichment

        12.11       Statement of defence, counterclaim and demand for notice

        12.12       Time for service of documents filed under rule 12.11

        12.13       Joint proceeding under Divorce Act (Canada)

        12.14       Transfer of divorce proceedings under Divorce Act (Canada) from court outside Alberta

        12.15       Central Divorce Registry

Subdivision 2
Actions Relating to Proceedings Under the Family Law Act

        12.16       Starting proceeding under Family Law Act

        12.17       Service of documents filed under rule 12.16

        12.18       Response to proceeding under Family Law Act

        12.19       Service of documents filed under rule 12.18

        12.20       Response to respondent’s request for additional order

        12.21       Service of documents filed under rule 12.20

        12.22       New evidence

        12.23       Questioning on statement, reply statement or affidavit

        12.24       Certificate of lawyer

Subdivision 3
Actions Commenced by Originating Application

        12.25       Exception to rule 3.13(5)

        12.26       Application respecting order made by court outside Alberta under Divorce Act (Canada)

        12.27       Applications under Extra‑provincial Enforcement of Custody Orders Act

Subdivision 4
Actions Relating to Proceedings Under the Protection Against Family Violence Act

        12.28       Application of Part 3, Division 2

        12.29       Affidavit of evidence for review

        12.30       Application for Queen’s Bench protection order

        12.31       Alternative to affidavit

        12.32       Actual notice of protection order

Subdivision 5
Actions Relating to Restraining Orders

        12.33       Application for restraining order

Division 4
Managing Litigation

        12.34       Application of Part 4

        12.35       Operation of rule 4.34 under this Part

        12.36       Advance payment of costs

Division 5
Disclosure of Information

        12.37       Application of Part 5

        12.38       Affidavit of records

        12.39       Oral and written questioning

        12.40       Written interrogatories

        12.41       Notice to disclose documents

        12.42       Request for financial information

Division 6
Resolving Issues and Preserving Rights

        12.43       Application of Part 6, Division 1

        12.44       Application within course of proceeding

        12.45       Application after order or judgment under Divorce Act (Canada)

        12.46       Provisional order to vary a support order under Divorce Act (Canada)

        12.47       Confirmation hearing

Division 7
Resolving Claims Without Full Trial

        12.48       Availability of application for summary judgment

        12.49       Evidence in summary trials

        12.50       Divorce without appearance by parties or counsel

Division 8
Trial

        12.51       Appearance before the Court

Division 9
Judgments and Orders

        12.52       Enforcement of order made by court outside Alberta under Divorce Act (Canada)

        12.53       Form of orders

        12.54       Certificate of divorce

Division 10
Service of Documents

        12.55       Service of documents

        12.56       Address for service

        12.57       Proof of service

        12.58       Rules that do not apply

Division 11
Appeals

Subdivision 1
Appeal from Divorce Judgment

        12.59       Appeal from divorce judgment

Subdivision 2
Appeals Under the Family Law Act

        12.60       Appeal from decision of Court of Queen’s Bench sitting as original court

        12.61       Appeal from Provincial Court order to Court of Queen’s Bench

        12.62       Duty of court clerks

        12.63       Transcript

        12.64       Filing of affidavits of service

        12.65       Non‑compliance by appellant

        12.66       Speaking to list

        12.67       Scheduling appeal

        12.68       Evidence

        12.69       Appeal memoranda

        12.70       Powers of Court on appeal

        12.71       Appeal from decision of Court of Queen’s Bench sitting as appeal court

Part 13
Technical Rules

Division 1
Judge Unable to Continue

           13.1       When one judge may act in place of or replace another

Division 2
Calculating Time

           13.2       Application of these rules for calculating time

           13.3       Counting days

           13.4       Counting months and years

           13.5       Variation of time periods

Division 3
Pleadings

           13.6       Pleadings:  general requirements

           13.7       Pleadings:  other requirements

           13.8       Pleadings:  other contents

           13.9       Defence of tender

        13.10       Pleadings:  specific requirements for replies

        13.11       Pleadings:  specific requirements for class proceedings

        13.12       Pleadings:  denial of facts

Division 4
Filed Documents

Subdivision 1
Contents and Filing

        13.13       Requirements for all filed documents

        13.14       Endorsements on documents

        13.15       When document is filed

        13.16       Deviations from and changes to prescribed forms

        13.17       Amendments to records other than commencement documents, pleadings or affidavits

Subdivision 2
Form and Contents of Affidavits and Exhibits

        13.18       Types of affidavit

        13.19       Requirements for affidavits

        13.20       Changes in affidavits

        13.21       Requirements for exhibits to affidavit

        13.22       Affidavits by visually impaired or those unable to read

        13.23       Understanding affidavit

        13.24       More than one individual swearing affidavit

        13.25       Use of filed affidavits

        13.26       Exhibits:  filing and return

Subdivision 3
Lost and Concurrent Documents, Certified Copies, Authenticated Photographs and Video Recordings

        13.27       Lost documents

        13.28       Concurrent document

        13.29       Certified copies of original records

        13.30       Authenticated photographs of personal property

        13.31       Video recordings in place of transcripts

Division 5
Payment of Fees and Allowances, and Waivers of Fees

        13.32       Fees and allowances

        13.33       Uncertainty of amount of fees and allowances

        13.34       Fee accounts

        13.35       Fee exemption

        13.36       Fee waiver:  legal aid

        13.37       Fee waiver:  restraining orders

Division 6
Judge’s Fiat, Court Officers and Court Reporters

        13.38       Judge’s fiat

        13.39       Court officers

        13.40       Court officers may delegate authority

        13.41       Authority of court clerk

        13.42       Absence of court clerk

        13.43       Seal

        13.44       Duties of court clerk

        13.45       Notice to be given to court officers

        13.46       Official court reporters

        13.47       Proof of official court reporter’s signature not required

Division 7
Payment into Court and Payment out of Court

        13.48       When money may be paid into Court

        13.49       How money is paid into Court

        13.50       Tender on judicial sale

        13.51       Litigant’s account

        13.52       Payments into Court under Trustee Act

        13.53       Payments out of Court

        13.54       Investments and payment earnings

        13.55       Disposition of money in accounts

Part 14
Appeals

           14.1       Application

Part 15
Transitional Provisions and Coming Into Force

           15.1       Definitions

           15.2       New rules apply to existing proceedings

           15.3       Dispute resolution requirements

           15.4       Dismissal for long delay:  bridging provision

           15.5       Contingency fee agreements

           15.6       Resolution of difficulty or doubt

           15.7       Filing of orders or judgments

           15.8       Increased or decreased time limits

           15.9       Time limit under these rules

        15.10       Time runs from different event

        15.11       Formal offer to settle

        15.12       New test or criteria

        15.13       Place of existing proceeding

        15.14       Repeal

        15.15       Coming into force

Schedules
Appendix

Part 1
Foundational Rules

Division 1
Purpose and Intention of These Rules

What these rules do

1.1(1)  These rules govern the practice and procedure in

                                 (a)    the Court of Queen’s Bench of Alberta, and

                                 (b)    the Court of Appeal of Alberta.

(2)  These rules also govern all persons who come to the Court for resolution of a claim, whether the person is a self-represented litigant or is represented by a lawyer.

Purpose and intention of these rules

1.2(1)  The purpose of these rules is to provide a means by which claims can be fairly and justly resolved in or by a court process in a timely and cost‑effective way.

(2)  In particular, these rules are intended to be used

                                 (a)    to identify the real issues in dispute,

                                 (b)    to facilitate the quickest means of resolving a claim at the least expense,

                                 (c)    to encourage the parties to resolve the claim themselves, by agreement, with or without assistance, as early in the process as practicable,

                                 (d)    to oblige the parties to communicate honestly, openly and in a timely way, and

                                 (e)    to provide an effective, efficient and credible system of remedies and sanctions to enforce these rules and orders and judgments.

(3)  To achieve the purpose and intention of these rules the parties must, jointly and individually during an action,

                                 (a)    identify or make an application to identify the real issues in dispute and facilitate the quickest means of resolving the claim at the least expense,

                                 (b)    periodically evaluate dispute resolution process alternatives to a full trial, with or without assistance from the Court,

                                 (c)    refrain from filing applications or taking proceedings that do not further the purpose and intention of these rules, and

                                 (d)    when using publicly funded Court resources, use them effectively.

(4)  The intention of these rules is that the Court, when exercising a discretion to grant a remedy or impose a sanction, will grant or impose a remedy or sanction proportional to the reason for granting or imposing it.

Division 2
Authority of the Court

General authority of the Court to provide remedies

1.3(1)  The Court may do either or both of the following:

                                 (a)    give any relief or remedy described or referred to in the Judicature Act;

                                 (b)    give any relief or remedy described or referred to in or under these rules or any enactment.

(2)  A remedy may be granted by the Court whether or not it is claimed or sought in an action.

Procedural orders

1.4(1)  To implement and advance the purpose and intention of these rules described in rule 1.2 the Court may, subject to any specific provision of these rules, make any order with respect to practice or procedure, or both, in an action, application or proceeding before the Court.

(2)  Without limiting subrule (1), and in addition to any specific authority the Court has under these rules, the Court may, unless specifically limited by these rules, do one or more of the following:

                                 (a)    grant, refuse or dismiss an application or proceeding;

                                 (b)    set aside any process exercised or purportedly exercised under these rules that is

                                           (i)    contrary to law,

                                          (ii)    an abuse of process, or

                                         (iii)    for an improper purpose;

                                 (c)    give orders or directions or make a ruling with respect to an action, application or proceeding, or a related matter;

                                 (d)    make a ruling with respect to how or if these rules apply in particular circumstances or to the operation, practice or procedure under these rules;

                                 (e)    impose terms, conditions and time limits;

                                  (f)    give consent, permission or approval;

                                 (g)    give advice, including making proposals, providing guidance, making suggestions and making recommendations;

                                 (h)    adjourn or stay all or any part of an action, application or proceeding, extend the time for doing anything in the proceeding, or stay the effect of a judgment or order;

                                  (i)    determine whether a judge is or is not seized with an action, application or proceeding;

                                  (j)    include any information in a judgment or order that the Court considers necessary.

(3)  A decision of the Court affecting practice or procedure in an action, application or proceeding that is not a written order, direction or ruling must be

                                 (a)    recorded in the court file of the action by the court clerk, or

                                 (b)    endorsed by the court clerk on a commencement document, filed pleading or filed document or on a document to be filed.

Rule contravention, non-compliance and irregularities

1.5(1)  If a person contravenes or does not comply with these rules, or if there is an irregularity in a commencement document, pleading, document, affidavit or prescribed form, a party may apply to the Court

                                 (a)    to cure the contravention, non-compliance or irregularity, or

                                 (b)    to set aside an act, application, proceeding or other thing because of prejudice to that party arising from the contravention, non-compliance or irregularity.

(2)  An application under this rule must be filed within a reasonable time after the applicant becomes aware of the contravention, non‑compliance or irregularity.

(3)  An application under this rule may not be filed by a party who alleges prejudice as a result of the contravention, non-compliance or irregularity if that party has taken a further step in the action knowing of the prejudice.

(4)  The Court must not cure any contravention, non‑compliance or irregularity unless

                                 (a)    to do so will cause no irreparable harm to any party,

                                 (b)    in doing so the Court imposes terms or conditions that will

                                           (i)    eliminate or ameliorate any reparable harm, or

                                          (ii)    prevent the recurrence of the contravention, non‑compliance or irregularity,

                                 (c)    in doing so the Court imposes a suitable sanction, if any, for the contravention, non‑compliance or irregularity, and

                                 (d)    it is in the overall interests of justice to cure the contravention, non‑compliance or irregularity.

(5)  The Court must not cure any contravention, non‑compliance or irregularity if to do so would have the effect of extending a time period that the Court is prohibited from extending.

(6)  If an order is made under this rule, the Court may also impose a penalty under rule 10.49.

Changes to these rules

1.6(1)  The judges of the Court of Queen’s Bench and the Court of Appeal may alter and amend any of these rules or make additional rules.

(2)  The Rules of Court Committee under the Judicature Act is, for the assistance of readers of these rules, authorized to delete, amend or create new information notes or overview summaries, or both.

Division 3
Interpreting These Rules

Interpreting these rules

1.7(1)  The meaning of these rules is to be ascertained from their text, in light of the purpose and intention of these rules, and in the context in which a particular rule appears.

(2)  These rules may be applied by analogy to any matter arising that is not dealt with in these rules.

(3)  Headings in these rules may be considered in ascertaining the meaning of these rules.

Interpretation Act

1.8   The Interpretation Act applies to these rules except

                                 (a)    sections 10 and 12 of the Interpretation Act, which do not apply to these rules,

                                 (b)    section 22(3) to (8) of the Interpretation Act, which do not apply to these rules,

                                 (c)    section 23 of the Interpretation Act, which does not apply to service of documents under these rules, and

                                 (d)    section 26(1) of the Interpretation Act, which does not apply to these rules.

Conflicts and inconsistencies with enactments

1.9   Except as expressly provided, if there is a conflict or inconsistency between these rules and an enactment, the enactment prevails to the extent of the conflict or inconsistency.

Where definitions are located

1.10   Definitions of terms for the purposes of these rules are set out in the Appendix.

Part 2
The Parties to Litigation

Division 1
Facilitating Legal Actions

Actions by or against personal representatives and trustees

2.1   An action may be brought by or against a personal representative or trustee without naming any of the persons beneficially interested in the estate or trust.

Actions by or against partners and partnerships

2.2(1)  An action by or against 2 or more persons as partners may be brought using the name of the partnership.

(2)  Subrule (1) also applies to an action between partnerships having one or more partners in common.

Suing individual partners

2.3(1)  In an action against a partnership in the partnership name, if a party intends to enforce a judgment or order personally against a partner, the party must serve the partner with

                                 (a)    the commencement document, and

                                 (b)    a notice stating that the person was a partner at a time specified in the notice.

(2)  The person served is presumed to have been a partner at the time specified in the notice unless the person defends the claim separately by denying that the person was a partner at the specified time.

(3)  An individual partner whether or not served with a notice under this rule may defend the action separately from the partnership.

Disclosure of partners

2.4(1)  If an action is brought by or against a partnership in the partnership name, any other party may serve a notice to disclose requiring the partnership to disclose in writing the names of all the partners constituting the partnership at a time specified in the notice, and their current addresses.

(2)  The partnership must comply with or dispute the notice to disclose within 10 days after service of the notice on the partnership.

(3)  If the partnership disputes the relevance of the time specified in the notice to disclose, the partnership may apply to the Court to determine the matter, in which case the onus is on the partnership to show why the information should not be disclosed.

(4)  If the present address of a partner is unknown, the partnership must disclose the last known address of the partner.

Actions by and against sole proprietors

2.5(1)  If a person carries on business or operates as a sole proprietor under a name other than the person’s name, the person may bring or be the subject of an action in that name.

(2)  If an action is brought by or against a person in the person’s business or operating name, a party may serve a notice requiring the person to disclose, in writing, the legal name of the person carrying on the business or operation.

(3)  The person on whom the notice to disclose is served must comply with it within 10 days after the date the notice is served.

Representative actions

2.6(1)  If numerous persons have a common interest in the subject of an intended claim, one or more of those persons may make or be the subject of a claim or may be authorized by the Court to defend on behalf of or for the benefit of all.

(2)  If a certification order is obtained under the Class Proceedings Act, an action referred to in subrule (1) may be continued under that Act.

Amendments to pleadings in class proceedings

2.7   After a certification order is made under the Class Proceedings Act, a party may amend a pleading only with the Court’s permission.

Questioning of class and subclass members

2.8(1)  If under section 18(2) of the Class Proceedings Act the Court requires a class member or subclass member to file and serve an affidavit of records, the Court may do either or both of the following:

                                 (a)    limit the purpose and scope of the records to be produced and of questioning;

                                 (b)    determine how the evidence obtained may be used.

(2)  If a class member or subclass member is questioned under section 18(2) of the Class Proceedings Act, the Court may do either or both of the following:

                                 (a)    limit the purpose and scope of the questioning;

                                 (b)    determine how the evidence obtained may be used.

Class proceedings practice and procedure

2.9   Despite any other provision of these rules, the Court may order any practice and procedure it considers appropriate for a class proceeding under the Class Proceedings Act to achieve the objects of that Act.

Intervenor status

2.10   On application, a Court may grant status to a person to intervene in an action subject to any terms and conditions and with the rights and privileges specified by the Court.

Division 2
Litigation Representatives

Litigation representative required

2.11   The following individuals or estates must have a litigation representative to bring or defend an action or to continue or to participate in an action, or for an action to be brought or to be continued against them:

                                 (a)    an individual under 18 years of age;

                                 (b)    an individual declared to be a missing person under section 7 of the Public Trustee Act;

                                 (c)    an adult who, in respect of matters relating to a claim in an action, lacks capacity, as defined in the Adult Guardianship and Trusteeship Act, to make decisions;

                                 (d)    an individual who is a represented adult under the Adult Guardianship and Trusteeship Act in respect of whom no person is appointed to make a decision about a claim;

                                 (e)    an estate for which no personal representative has obtained a grant under the Surrogate Rules (AR 130/95) and that has an interest in a claim or intended claim.

Types of litigation representatives and service of documents

2.12(1)  There are 3 types of litigation representatives under these rules:

                                 (a)    an automatic litigation representative described in rule 2.13;

                                 (b)    a self-appointed litigation representative under rule 2.14;

                                 (c)    a Court-appointed litigation representative under rule 2.15, 2.16 or 2.21.

(2)  Despite any other provision of these rules, if an individual has a litigation representative in an action,

                                 (a)    service of a document that would otherwise be required to be effected on the individual must be effected on the litigation representative, and

                                 (b)    service of a document on the individual for whom the litigation representative is appointed is ineffective.

Automatic litigation representatives

2.13   A person is a litigation representative under these rules if the person has authority to commence, compromise, settle or defend a claim on behalf of an individual or an estate under any of the following:

                                 (a)    an enactment;

                                 (b)    an instrument authorized by an enactment;

                                 (c)    an order authorized under an enactment;

                                 (d)    a grant or an order under the Surrogate Rules (AR 130/95);

                                 (e)    an instrument, other than a will, made by a person, including, without limitation, a power of attorney or a trust.

Self-appointed litigation representatives

2.14(1)  If an individual or estate who is required to have a litigation representative under rule 2.11 does not have one, an interested person

                                 (a)    may file an affidavit in Form 1 containing the information described in subrule (2), and by doing so becomes the litigation representative for that individual or estate, and

                                 (b)    where an interested person has become the litigation representative under clause (a) for an estate, the interested person must serve notice of the appointment in Form 2 on the beneficiaries and heirs at law of the deceased.

(2)  The affidavit must include

                                 (a)    the interested person’s agreement in writing to be the litigation representative,

                                 (b)    the reason for the self-appointment,

                                 (c)    the relationship between the litigation representative and the individual or estate the litigation representative will represent,

                                 (d)    a statement that the litigation representative has no interest in the action adverse in interest to the party the litigation representative will represent,

                                 (e)    if the litigation representative is an individual, a statement that the litigation representative is a resident of Alberta,

                                  (f)    if the litigation representative is a corporation, the place of business or activity of the corporation in Alberta, and

                                 (g)    an acknowledgment of potential liability for payment of a costs award attributable to or liable to be paid by the litigation representative.

(3)  If a person proposes to become a self‑appointed litigation representative for the estate of a deceased person, the affidavit referred to in subrule (2) must, in addition to the matters set out in subrule (2), disclose any of the following matters that apply:

                                 (a)    whether the estate has a substantial interest in the action or proposed action;

                                 (b)    whether the litigation representative has or may have duties to perform in the administration of the estate of the deceased;

                                 (c)    whether an application has been or will be made for administration of the estate of the deceased;

                                 (d)    whether the litigation representative does or may represent interests adverse to any other party in the action or proposed action;

                                 (e)    that the beneficiaries and heirs at law have been served with notice of the appointment as required under subrule (1)(b).

(4)  A person proposing to become a self-appointed litigation representative has no authority to make or defend a claim or, without the Court’s permission, to make an application or take any proceeding in an action, until the affidavit referred to in subrule (1)(a) is filed.

Court appointment in absence of self-appointment

2.15(1)  If an individual or estate who is required to have a litigation representative under rule 2.11 does not have one, an interested person may, or if there is no interested person, a party adverse in interest must, apply to the Court for directions about the appointment of a litigation representative for that individual or estate.

(2)  On an application under subrule (1), the Court may appoint a person as litigation representative.

Court-appointed litigation representatives in limited cases

2.16(1)  This rule applies to an action concerning any of the following:

                                 (a)    the administration of the estate of a deceased person;

                                 (b)    property subject to a trust;

                                 (c)    the interpretation of a written instrument;

                                 (d)    the interpretation of an enactment.

(2)  In an action described in subrule (1), a person or class of persons who is or may be interested in or affected by a claim, whether presently or for a future, contingent or unascertained interest, must have a Court-appointed litigation representative to make a claim in or defend an action or to continue to participate in an action, or for a claim in an action to be made or an action to be continued against that person or class of persons, if the person or class of persons meets one or more of the following conditions:

                                 (a)    the person, the class or a member of the class cannot be readily ascertained, or is not yet born;

                                 (b)    the person, the class or a member of the class, though ascertained, cannot be found;

                                 (c)    the person, the class or the members of the class can be ascertained and found, but the Court considers it expedient to make an appointment to save expense, having regard to all the circumstances, including the amount at stake and the degree of difficulty of the issue to be determined.

(3)  On application by an interested person, the Court may appoint a person as litigation representative for a person or class of persons to whom this rule applies on being satisfied that both the proposed appointee and the appointment are appropriate.

Lawyer appointed as litigation representative

2.17(1)  If the Court appoints a lawyer as the litigation representative for an individual referred to in rule 2.11(a) to (d), the Court may direct that the costs incurred in performing the duties of the litigation representative be borne by

                                 (a)    the parties or by one or more of them, or

                                 (b)    any fund in Court in which the individual for whom the litigation representative is appointed has an interest.

(2)  The Court may give any other direction for repayment of costs or for an advance payment of costs as the circumstances require.

Approval of settlement

2.18(1)  If  a settlement is proposed in an action or claim described in rule 2.16 and some of the persons interested in the settlement are not parties to the action but are persons who have the same interest as those who are parties to the action, and who assent to the settlement, the Court may approve the settlement and order that it binds the persons who are not parties if the Court is satisfied that

                                 (a)    the settlement will be for the benefit of those interested persons, and

                                 (b)    to require service on those persons would cause unreasonable expense or delay.

(2)  The interested persons referred to in subrule (1) are bound by the Court’s order unless the order is obtained by fraud or by non‑disclosure of important facts.

Court approval of settlement, discontinuance, and abandonment of actions

2.19   Unless a litigation representative has express authority under an instrument, order or enactment to settle, discontinue or abandon an action, the litigation representative may do so only with the Court’s approval.

Money received by litigation representative

2.20(1)  If as a result of an action a litigation representative receives money, other than under a costs award, that money must be paid into Court unless the Court otherwise orders or an enactment or instrument otherwise provides.

(2)  A payment made to a litigation representative on account of money due to a party represented by the litigation representative, other than under a costs award, is not a valid discharge as against that party unless otherwise provided by an instrument, order or enactment.

Litigation representative:  termination, replacement, terms and conditions

2.21   The Court may do one or more of the following:

                                 (a)    terminate the authority or appointment of a litigation representative;

                                 (b)    appoint a person as or replace a litigation representative;

                                 (c)    impose terms and conditions on, or on the appointment of, a litigation representative or cancel or vary the terms or conditions.

Division 3
Representation or Assistance
Before the Court

Self-represented litigants

2.22  Individuals may represent themselves in an action unless these rules otherwise provide.

Assistance before the Court

2.23(1)  The Court may permit a person to assist a party before the Court in any manner and on any terms and conditions the Court considers appropriate.

(2)  Without limiting subrule (1), assistance may take the form of

                                 (a)    quiet suggestions,

                                 (b)    note-taking,

                                 (c)    support, or

                                 (d)    addressing the particular needs of a party.

(3)  Despite subrule (1), no assistance may be permitted

                                 (a)    that would contravene section 106(1) of the Legal Profession Act,

                                 (b)    if the assistance would or might be disruptive, or

                                 (c)    if the assistance would not meet the purpose and intention of these rules.

Division 4
Lawyer of Record

Lawyer of record

2.24(1)  The lawyer or firm of lawyers whose name appears on a commencement document, pleading, affidavit or other document filed or served in an action as acting for a party is a lawyer of record for that party.

(2)  When there is a lawyer of record, the party for whom the lawyer of record acts may not self‑represent unless the Court permits.

(3)  A lawyer of record remains a lawyer of record until the lawyer ceases to be a lawyer of record under these rules.

Duties of lawyer of record

2.25(1)  The duties of a lawyer of record include:

                                 (a)    to conduct the action in a manner that furthers the purpose and intention of these rules described in rule 1.2;

                                 (b)    to continue to act as lawyer of record while the lawyer is recorded in that capacity.

(2)  On application, the Court may direct a lawyer of record to disclose the address of the party for whom the lawyer acts.

Verifying lawyer of record

2.26(1)  If a person who is served with a commencement document, pleading or other document asks a lawyer or firm of lawyers if the lawyer or firm is a lawyer of record in an action, application or proceeding, the lawyer must respond to the question in writing as soon as practicable.

(2)  If a lawyer or firm of lawyers whose name appears as a lawyer of record in an action denies being the lawyer of record,

                                 (a)    every application and proceeding in the action is stayed, and

                                 (b)    no further application, proceeding or step may be taken in the action without the Court’s permission.

Retaining lawyer for limited purposes

2.27(1)  If a self-represented litigant or a lawyer of record retains a lawyer to appear before the Court for a particular purpose, the lawyer appearing must inform the Court of the nature of the appearance, either

                                 (a)    orally, or

                                 (b)    before the appearance, by filing the terms of the retainer.

(2)  If a self-represented litigant retains a lawyer for a particular purpose, the litigant must attend the application or proceeding for which the lawyer is retained unless the Court otherwise permits.

Change in lawyer of record or self‑representation

2.28(1)  A party may change the party’s lawyer of record or may self-represent by

                                 (a)    serving a notice of the change in Form 3 on every other party and on the lawyer or former lawyer of record, and

                                 (b)    filing an affidavit of service of the notice.

(2)  A self-represented litigant who retains a lawyer to act on the litigant’s behalf must serve on every other party a notice to that effect naming the lawyer of record.

(3)  The notice must include an address for service.

(4)  The notice is not required to be served on

                                 (a)    a party noted in default, or

                                 (b)    a party against whom default judgment has been entered.

Withdrawal of lawyer of record

2.29(1)  Subject to rule 2.31, a lawyer or firm of lawyers may withdraw as lawyer of record by

                                 (a)    serving on the client and each of the other parties a notice of withdrawal in Form 4 that states

                                           (i)    the client’s last known address, and

                                          (ii)    that on the expiry of 10 days after the date on which the affidavit of service of the notice is filed, the withdrawing lawyer will no longer be the lawyer of record,

                                     and

                                 (b)    filing an affidavit of service of the notice.

(2)  The withdrawal of the lawyer of record takes effect 10 days after the affidavit of service of the notice is filed.

(3)  The address of the party stated in the notice of withdrawal is the party’s address for service after the lawyer of record withdraws unless another address for service is provided or the Court otherwise orders.

(4)  The Court may on application order that a lawyer need not disclose the last known address of a client and instead may provide an alternative address for service for the client in a notice of withdrawal served under this rule where the Court considers it necessary to protect the safety and well-being of the client.

(5)  An application under subrule (4) may be made without notice.

Service after lawyer ceases to be lawyer of record

2.30   After a lawyer or firm of lawyers ceases to be a lawyer of record, no delivery of a pleading, affidavit, notice or document relating to the action is effective service on the former lawyer of record or at any address for service previously provided by the former lawyer of record.

Withdrawal after trial date scheduled

2.31   After a trial date is scheduled, a lawyer of record may not, without the Court’s permission, serve a notice of withdrawal as lawyer of record and any notice of withdrawal that is served without the Court’s permission has no effect.

Automatic termination of lawyer of record and resolving difficulties

2.32(1)  A lawyer or firm of lawyers ceases to be the lawyer of record if

                                 (a)    in the case of an individual lawyer,

                                           (i)    the lawyer dies,

                                          (ii)    the lawyer is suspended or disbarred from practice as a lawyer, or

                                         (iii)    the lawyer ceases to practise as a lawyer;

                                 (b)    in the case of a firm of lawyers, the firm dissolves.

(2)  If any of the circumstances described in subrule (1) occurs, any party may apply to the Court, without notice to any other party, for directions respecting service of documents.

(3)  The Court may

                                 (a)    direct the manner in which service is to be effected,

                                 (b)    dispense with service in accordance with rule 11.29, or

                                 (c)    make any other order respecting service that the circumstances require.

(4)  An order under this rule applies until a notice is given under rule 2.28 or 2.29 or the Court otherwise orders.

(5)  Nothing in this rule prevents a party from serving a notice of change of lawyer of record or notice that the party intends to self‑represent.

Part 3
Court Actions

Division 1
Court Actions and Their Venue

Rules govern Court actions

3.1   A court action for a claim may only be brought and carried on, applications may only be filed and proceedings may only be taken in accordance with these rules.

How to start an action

3.2(1)  An action may be started only by filing in the appropriate judicial centre determined under rule 3.3

                                 (a)    a statement of claim by a plaintiff against a defendant,

                                 (b)    an originating application by an originating applicant against a respondent, or

                                 (c)    a notice of appeal, reference or other procedure or method specifically authorized or permitted by an enactment.

(2)  A statement of claim must be used to start an action unless

                                 (a)    there is no substantial factual dispute,

                                 (b)    there is no person to serve as defendant,

                                 (c)    a decision, act or omission of a person or body is to be the subject of judicial review,

                                 (d)    an enactment authorizes or requires an application, an originating application, an originating notice, a notice of motion or a petition to be used,

                                 (e)    an enactment provides for a remedy, certificate, direction, opinion or order to be obtained from the Court without providing the procedure to obtain it, or

                                  (f)    an enactment provides for an appeal to the Court, or authorizes or permits a reference to the Court, or provides for a matter to be put before the Court, without providing the procedure to be used,

in which case an originating application may be used to start the action.

(3)  If an enactment authorizes, requires or permits an application to be made to the Court,

                                 (a)    if the application is made in an action in respect of which a commencement document has been filed, the application must be made under Part 6 unless the Court otherwise orders, or

                                 (b)    if the application is made in an action in respect of which a commencement document has not been filed and the enactment does not provide a procedure to be used, an originating application must be used unless the Court otherwise orders or these rules otherwise provide.

(4)  If an enactment authorizes, requires or permits an appeal or reference to be made to the Court and provides a procedure, the appeal or reference must be made by notice of appeal in the form prescribed by the enactment or, if no form is prescribed, then in a form consistent with the procedure.

(5)  If an enactment authorizes, requires or permits an appeal or reference to be made to the Court and does not provide a procedure, the appeal or reference must be made by originating application.

(6)  If an action that is started in one form should have been started or should continue in another, the Court may make any procedural order to correct and continue the proceeding and deal with any related matter.

Determining the appropriate judicial centre

3.3(1)   The appropriate judicial centre for the purpose of these rules is

                                 (a)    the closest judicial centre, by road, to the Alberta residences or Alberta places of business of all the parties, or

                                 (b)    if a single judicial centre cannot be determined under clause (a), the judicial centre that is, by road, the closest to the Alberta residence or Alberta place of business of one of the parties, that party being selected by the party starting the action.

(2)  If a party carries on business in more than one Alberta location, the place of business in Alberta of that party for the purpose of this rule is the place of business that is nearest to the location at which the matters in issue in the action arose or were transacted.

(3)  Despite subrules (1) and (2), the parties may agree on a judicial centre in which to start and carry on the action, in which case the judicial centre agreed on by the parties is the appropriate judicial centre unless the Court otherwise orders.

Claim for possession of land

3.4(1)  Despite rule 3.3, if possession of land is claimed in a statement of claim that was not filed in

                                 (a)    the judicial centre that is closest, by road, to the land, or

                                 (b)    the judicial centre that is closest, by road, to the Alberta residence of a defendant,

a defendant may, by making a request in Form 6, require the court clerk in the judicial centre in which the action is located to transfer the action to the judicial centre that is closest, by road, to the land or the Alberta residence of that defendant.

(2)  The request must

                                 (a)    name the judicial centre to which the action is to be transferred, and

                                 (b)    give the reason for the transfer.

(3)  The request must

                                 (a)    be filed before close of pleadings in the judicial centre in which the action is located, and

                                 (b)    be served on each of the other parties.

(4)  A person served under subrule (3) who wishes to object to the request for the transfer of the action must file an objection within 10 days and serve it on the defendant who made the request.

(5)  If no objection has been filed and served on the defendant who made the request by the end of the 10-day period referred to in subrule (4), the defendant may confirm the request with the court clerk and the court clerk must transfer the action.

(6)  This rule does not apply if

                                 (a)    the Court has issued an order directing that the action be started in or transferred to a particular judicial centre,

                                 (b)    the parties agree that an action start in or be transferred to a particular judicial centre, or

                                 (c)    the action has already been transferred to a judicial centre by a request under this rule.

Transfer of action

3.5   The Court may order that an action be transferred from one judicial centre to another

                                 (a)    if the Court is satisfied that it would be unreasonable for the action to be carried on in the judicial centre in which it is located, or

                                 (b)    at the request of the parties.

Where an action is carried on

3.6(1)  An action must be

                                 (a)    carried on in the judicial centre in which the statement of claim or originating application was filed, or

                                 (b)    if the action is transferred in accordance with rule 3.4 or rule 3.5, continued in the judicial centre to which the action is transferred, and all subsequent documents in the action must be titled accordingly.

(2)  Despite subrule (1), an application and an originating application may be heard or a trial may be held in any place specified by the Court other than the judicial centre.

Post‑judgment transfer of action

3.7(1)  After judgment or an order has been entered in a judicial centre, a judgment creditor, on notice to each of the other parties, may request a temporary transfer of the action to a different judicial centre for purposes of an application to enforce the judgment or order.

(2)  An order granting a temporary transfer of an action under subrule (1), and any order resulting from an application referred to in subrule (1), must be filed in the judicial centre from which the action has temporarily been transferred.

Division 2
Actions Started by Originating Application

Subdivision 1
General Rules

Originating applications and associated evidence

3.8(1)  An originating application must

                                 (a)    be in Form 7,

                                 (b)    state the claim and the basis for it,

                                 (c)    state the remedy sought, and

                                 (d)    identify the affidavit or other evidence to be used in support of the originating application.

(2)  If an affidavit is filed to support an originating application, the affidavit must be confined to

                                 (a)    a statement of facts within the personal knowledge of the person swearing the affidavit, and

                                 (b)    any other evidence that the person swearing the affidavit could give at trial.

Service of originating application and evidence

3.9   Except as otherwise provided in rule 3.15(5), an originating application and any affidavit and other evidence filed with the originating application must be served on each of the other parties 10 days or more before the date scheduled for hearing the application.

Application of Part 4 and Part 5

3.10   Part 4 and Part 5 do not apply to an action started by originating application unless the parties otherwise agree or the Court otherwise orders.

Service and filing of affidavits and other evidence in reply and response

3.11(1)  If the respondent to an originating application intends to rely on an affidavit or other evidence when the originating application is heard or considered, the respondent must reply by serving on the originating applicant, a reasonable time before the originating application is to be heard or considered, a copy of the affidavit or other evidence on which the respondent intends to rely.

(2)  The originating applicant may respond by affidavit or other evidence to the respondent’s affidavit or other evidence and must

                                 (a)    serve the response affidavit or other evidence on the respondent a reasonable time before the originating application is to be heard or considered, and

                                 (b)    limit the response to replying to the respondent’s affidavit or other evidence.

(3)  If either the respondent or originating applicant does not give the other reasonable notice under this rule, and an adjournment is not granted,

                                 (a)    the party who did not give reasonable notice may not rely on the affidavit or other evidence unless the Court otherwise permits, and

                                 (b)    the Court may make a costs award against the party who did not give reasonable notice.

Application of statement of claim rules to originating applications

3.12   At any time in an action started by originating application the Court may, on application, direct that all or any rules applying to an action started by statement of claim apply to the action started by originating application.

Questioning on affidavit and questioning witnesses

3.13(1)  The following persons may be questioned by a party adverse in interest:

                                 (a)    a person who makes an affidavit in support of an originating application;

                                 (b)    a person who makes an affidavit in response;

                                 (c)    a person who makes an affidavit in reply to a response.

(2)  Subject to rule 3.21, a person may be questioned under oath as a witness for the purpose of obtaining a transcript of the person’s evidence for use at the hearing of an originating application.

(3)  A party may question a person whom the party is entitled to question under this rule by serving on the person an appointment for questioning.

(4)  Rules 6.16 to 6.20 and 6.38 apply for the purposes of this rule.

(5)  The questioning party must file the transcript of the questioning.

Originating application evidence (other than judicial review)

3.14(1)  When making a decision about an originating application, other than an originating application for judicial review, the Court may consider the following evidence only:

                                 (a)    affidavit evidence, including an affidavit by an expert;

                                 (b)    a transcript referred to in rule 3.13;

                                 (c)    if Part 5 applies by agreement of the parties or order of the Court to the originating application, the transcript evidence or answers to written questions, or both, under that Part that may be used under rule 5.31;

                                 (d)    an admissible record disclosed in an affidavit;

                                 (e)    anything permitted by any other rule or by an enactment;

                                  (f)    evidence taken in any other action, but only if the party proposing to submit the evidence gives each of the other parties 5 days’ or more notice of that party’s intention and obtains the Court’s permission to submit the evidence;

                                 (g)    with the Court’s permission, oral evidence, which if permitted must be given in the same manner as at trial.

(2)  An affidavit or other evidence that is used or referred to at a hearing by the respondent, or by the originating applicant in response to the respondent, and that has not previously been filed in the action must be filed as soon as practicable after the hearing.

Subdivision 2
Additional Rules Specific to Originating
Applications for Judicial Review

Originating application for judicial review

3.15(1)  An originating application must be filed in the form of an originating application for judicial review if the originating applicant seeks from the Court any one or more of the following remedies against a person or body whose decision, act or omission is subject to judicial review:

                                 (a)    an order in the nature of mandamus, prohibition, certiorari, quo warranto or habeas corpus;

                                 (b)    a declaration or injunction.

(2)  Subject to rule 3.16, an originating application for judicial review to set aside a decision or act of a person or body must be filed and served within 6 months after the date of the decision or act, and rule 13.5 does not apply to this time period.

(3)  An originating application for judicial review must be served on

                                 (a)    the person or body in respect of whose act or omission a remedy is sought,

                                 (b)    the Minister of Justice and Attorney General or the Attorney General for Canada, or both, as the circumstances require, and

                                 (c)    every person or body directly affected by the application.

(4)  The Court may require an originating application for judicial review to be served on any person or body not otherwise required to be served.

(5)  An affidavit or other evidence to be used to support the originating application for judicial review, other than an originating application for an order in the nature of habeas corpus, must be filed and served on every other party one month or more before the date scheduled for hearing the application.

Originating application for judicial review:  habeas corpus

3.16(1)  An originating application for an order in the nature of habeas corpus may be filed at any time and must be served under rule 3.15(3) as soon as practicable after filing.

(2)  An affidavit or other evidence to be used to support the originating application must be filed and served on each of the other parties 10 days or more before the date scheduled for hearing the application.

Attorney General’s right to be heard

3.17   The Minister of Justice and Attorney General or the Attorney General for Canada, or both, as the case requires, is entitled as of right to be heard on an originating application for judicial review.

Notice to obtain record of proceedings

3.18(1)  An originating applicant for judicial review who seeks an order to set aside a decision or act must include with the originating application a notice in Form 8, addressed to the person or body who made or possesses the record of proceedings on which the decision or act sought to be set aside is based, to send the record of proceedings to the court clerk named in the notice.

(2)  The notice must require the following to be sent or an explanation to be provided of why an item cannot be sent:

                                 (a)    the written record, if any, of the decision or act that is the subject of the originating application for judicial review,

                                 (b)    the reasons given for the decision or act, if any,

                                 (c)    the document which started the proceeding,

                                 (d)    the evidence and exhibits filed with the person or body, if any, and

                                 (e)    anything else relevant to the decision or act in the possession of the person or body.

(3)  The Court may add to, dispense with or vary anything required to be sent to the court clerk under this rule.

Sending in certified record of proceedings

3.19(1)  On receipt of an originating application for judicial review and a notice in accordance with rule 3.18, the person or body named in the notice must, as soon as practicable,

                                 (a)    comply with the notice and send to the court clerk a certified record of proceedings in Form 9, or

                                 (b)    provide in Form 9 a written explanation why the notice cannot be complied with or fully complied with.

(2)  The certified record of proceedings sent to the court clerk under this rule constitutes part of the court file of the originating application.

(3)  If the Court is not satisfied with the explanation for not sending all or part of the record of proceedings, the Court may order any or all of the following:

                                 (a)    the person or body to provide a better explanation;

                                 (b)    the person or body to send a certified copy of a record to the court clerk;

                                 (c)    the person or body to take any other action the Court considers appropriate.

Other circumstances when record of proceedings may be required

3.20(1)  The Court may make an order for the production of the certified record of proceedings of a person or body if the conditions described in subrule (2) are met.

(2)  The conditions are:

                                 (a)    the originating application for judicial review is for an order other than an order to set aside a decision or act;

                                 (b)    the certified record of proceedings is required to establish the claim;

                                 (c)    the person or body that is the subject of the originating application has not sent to the court clerk the certified record of proceedings within a reasonable time after the originating applicant’s written request for the person or body to do so.

(3)  If the Court orders the certified record of proceedings to be sent to the court clerk, rules 3.18(3) and 3.19 apply, unless the Court otherwise orders.

Limit on questioning

3.21   On an originating application for judicial review, no person may be questioned as a witness for the purpose of obtaining a transcript for use at the hearing without the Court’s permission.

Evidence on judicial review

3.22   When making a decision about an originating application for judicial review, the Court may consider the following evidence only:

                                 (a)    the certified copy of the record of proceedings of the person or body that is the subject of the application, if any;

                                 (b)    if questioning was permitted under rule 3.21, a transcript of that questioning;

                                 (c)    anything permitted by any other rule or by an enactment;

                                 (d)    any other evidence permitted by the Court.

Stay of decision

3.23(1)  The Court may stay the operation of a decision or act sought to be set aside under an originating application for judicial review pending final determination of the originating application.

(2)  Despite subrule (1), no order to stay is to be made if, in the Court’s opinion, the stay would be detrimental either to the public interest or to public safety.

Additional remedies on judicial review

3.24(1)  If an originating applicant is entitled to a declaration that a decision or act of a person or body is unauthorized or invalid, the Court may, instead of making a declaration, set aside the decision or act.

(2)  The Court may

                                 (a)    direct a person or body to reconsider the whole or any part of a matter,

                                 (b)    direct a person or body to reconsider the whole or any part of a decision if the Court has set aside the decision under subrule (1), and

                                 (c)    give any other directions it considers necessary.

(3)  If the sole ground for a remedy is a defect in form or a technical irregularity, the Court may, if the Court finds that no substantial wrong or miscarriage of justice has occurred, despite the defect,

                                 (a)    refuse a remedy, or

                                 (b)    validate the decision made to have effect from a date and subject to any terms and conditions that the Court considers appropriate.

Division 3
Actions Started by Statement of Claim

Subdivision 1
Statement of Claim

Contents of statement of claim

3.25   A statement of claim must

                                 (a)    be in Form 10,

                                 (b)    state the claim and the basis for it,

                                 (c)    state any specific remedy sought, and

                                 (d)    comply with the rules about pleadings in Part 13, Division 3.

Subdivision 2
Time Limit for Service of Statement of Claim

Time for service of statement of claim

3.26(1)  A statement of claim must be served on the defendant within one year after the date that the statement of claim is filed unless the Court, on application filed before the one‑year time limit expires, grants an extension of time for service.

(2)  The extension of time for service under this rule must not exceed 3 months.

(3)  Rule 13.5 does not apply to this rule or to an extension of time ordered under this rule.

Extension of time for service

3.27(1)  The Court may, at any time, grant an extension of time for service of a statement of claim in any of the following circumstances:

                                 (a)    if a defendant, anyone purporting to be a defendant, or a lawyer or other person purporting to negotiate on behalf of a defendant, has caused the plaintiff or the plaintiff’s lawyer to reasonably believe and to rely on the belief that

                                           (i)    the defendant has been served,

                                          (ii)    liability is not or will not be contested, or

                                         (iii)    a time limit or any time period relating to the action will not be relied on or will be waived;

                                 (b)    if an order for substitutional service, an order dispensing with service or an order validating service is set aside;

                                 (c)    special or extraordinary circumstances exist resulting solely from the defendant’s conduct or from the conduct of a person who is not a party to the action.

(2)  If an extension of time is granted under subrule (1), no further extension of time may be granted under this rule and rule 13.5 does not apply unless different or new circumstances described in subrule (1) are established to the Court’s satisfaction.

Effect of not serving statement of claim in time

3.28   If a statement of claim is not served on a defendant within the time or extended time for service,

                                 (a)    no further proceeding may be taken in the action against a defendant who was not served in time, and

                                 (b)    a statement of claim served on any defendant in time is unaffected by the failure to serve any other defendant in time.

Notice of extension of time for service

3.29   If a statement of claim is served within an extension of time for service permitted by the Court under rule 3.26 or rule 3.27, when it is served the statement of claim must be accompanied with

                                 (a)    a copy of the order granting the extension, or

                                 (b)    written notice of the order.

Subdivision 3
Defence to Statement of Claim, Reply to
Defence and Demand for Notice

Defendant’s options

3.30   A defendant who is served with a statement of claim may do one or more of the following:

                                 (a)    apply to the Court to set aside service in accordance with rule 11.31;

                                 (b)    apply to the Court for an order under rule 3.68;

                                 (c)    file and serve a statement of defence or demand for notice.

Statement of defence

3.31(1)  If a defendant files a statement of defence, the statement of defence must

                                 (a)    be in Form 11, and

                                 (b)    comply with the rules about pleadings in Part 13, Division 3.

(2)  The defendant must file the statement of defence and serve it on the plaintiff within the applicable time after service of the statement of claim.

(3)  The applicable time is

                                 (a)    20 days if service is effected in Alberta,

                                 (b)    one month if service is effected outside Alberta but in Canada, and

                                 (c)    2 months if service is effected outside Canada.

Additional options for defendant who files defence

3.32   If a defendant files a statement of defence, the defendant may also do one or more of the following:

                                 (a)    file a claim against a co-defendant in accordance with rule 3.43;

                                 (b)    file a third party claim in accordance with rule 3.44;

                                 (c)    file a counterclaim in accordance with rule 3.56.

Reply to defence

3.33(1)  A plaintiff may file a reply to a statement of defence.

(2)  If the plaintiff files a reply, the reply must

                                 (a)    be in Form 12, and

                                 (b)    comply with the rules about pleadings in Part 13, Division 3.

(3)  The plaintiff must file the reply and serve it on the defendant within 10 days after service of the statement of defence on the plaintiff.

Demand for notice by defendant

3.34(1)  If the defendant files a demand for notice, the demand must be in Form 13.

(2)  The defendant must file the demand for notice and serve it on the plaintiff within the applicable time after service of the statement of claim on the defendant.

(3)  The applicable time is

                                 (a)    20 days if service is effected in Alberta,

                                 (b)    one month if service is effected outside Alberta but in Canada, and

                                 (c)    2 months if service is effected outside Canada.

(4)  If the defendant files a demand for notice and serves it on the plaintiff, the defendant must be served with notice of any application or proceeding in which the defendant is named as respondent, but filing and service of the notice does not give the defendant a right to contest liability.

(5)  If a defendant files a demand for notice and serves it on the plaintiff, the defendant may subsequently file a statement of defence only with the Court’s permission.

(6)  Judgment or an order may be given against a defendant who has filed and served a demand for notice only if

                                 (a)    the plaintiff applies to the Court for judgment or an order, and

                                 (b)    notice of the application is served on the defendant.

Judgment or order by agreement

3.35(1)  If a lawyer files a statement of defence or demand for notice on behalf of a defendant, no judgment or order may be obtained by agreement of the parties unless the defendant’s lawyer of record is a party to the agreement or consents to the agreement.

(2)  If a defendant

                                 (a)    does not file a statement of defence or a demand for notice,

                                 (b)    files a statement of defence or demand for notice in person or by a lawyer who has ceased to be the defendant’s lawyer of record, or

                                 (c)    is not represented by a lawyer of record,

no judgment or order may be obtained by agreement of the parties unless the defendant’s agreement, with an affidavit of execution, is filed with the application for the judgment or order.

Subdivision 4
Failure to Defend

Judgment in default of defence and noting in default

3.36(1)  Subject to subrule (2), if a defendant does not file a statement of defence or demand for notice, or if the defendant’s statement of defence is struck out, the plaintiff may, on filing an affidavit of service of the statement of claim,

                                 (a)    enter judgment against the defendant under rule 3.38 or 3.39, or

                                 (b)    require the court clerk to enter in the court file of the action, in Form 14, a note to the effect that the defendant has not filed a statement of defence and consequently is noted in default.

(2)  A judgment in default of filing a statement of defence must not, without the Court’s permission, be entered against a person who is represented by a litigation representative.

(3)  If the defendant has filed but has not served a statement of defence or demand for notice, the plaintiff may apply to the Court for a costs award against the defendant for anything arising from the defendant’s failure.

Application for judgment against defendant noted in default

3.37(1)  The plaintiff may, without notice to any other party, on proof of the plaintiff’s claim, apply to the Court for judgment in respect of a claim for which default judgment has not been entered if

                                 (a)    one or more defendants are noted in default, or

                                 (b)    the defendant’s statement of defence is struck out.

(2)  In the circumstances described in subrule (1) the plaintiff is entitled to a costs award.

(3)  The Court may do one or more of the following:

                                 (a)    pronounce judgment;

                                 (b)    make any necessary order;

                                 (c)    direct a determination of damages;

                                 (d)    adjourn the application and order additional evidence to be provided;

                                 (e)    dismiss the claim or a part of it;

                                  (f)    direct that the claim proceed to trial and that notice be served on every other defendant;

                                 (g)    make a costs award in favour of the plaintiff.

Judgment for recovery of property

3.38   Subject to rule 3.41, if a statement of claim includes a claim for the recovery of property and one or more defendants do not file a statement of defence or demand for notice, the plaintiff may enter judgment against that defendant or those defendants for the recovery of that property, and the plaintiff is entitled to a costs award.

Judgment for debt or liquidated demand

3.39(1)  If a statement of claim includes a claim for a debt or a liquidated demand, with or without interest, whether as debt or damages, and one or more defendants do not file a statement of defence or demand for notice in response to that claim or any part of it, the plaintiff

                                 (a)    may enter judgment for a sum not exceeding the amount in respect of which no defence is filed and the interest payable, if the interest calculation is based on a set rate, either under an agreement or an enactment, and

                                 (b)    is entitled to a costs award.

(2)  In this rule, “liquidated demand” means

                                 (a)    a claim for a specific sum payable under an express or implied contract for the payment of money, including interest, not being in the nature of a penalty or unliquidated damages, where the amount of money claimed can be determined by

                                           (i)    the terms of the contract,

                                          (ii)    calculation only, or

                                         (iii)    taking an account between the plaintiff and the defendant,

                                     or

                                 (b)    a claim for a specific sum of money, whether or not in the nature of a penalty or damages, recoverable under an enactment that contains an express provision that the sum that is the subject of the claim may be recovered as a liquidated demand or as liquidated damages.

Continuation of action following judgment

3.40   If judgment is entered against some but not all defendants under

                                 (a)    rule 3.36,

                                 (b)    rule 3.37,

                                 (c)    rule 3.38, or

                                 (d)    rule 3.39,

the plaintiff may continue the action in respect of any defendant against whom judgment is not entered.

When no defence is filed in foreclosure action

3.41(1)  If a defendant in a foreclosure action does not file a statement of defence or demand for notice, the plaintiff must note the defendant in default before filing an application for

                                 (a)    personal judgment, or

                                 (b)    a remedy referred to in rule 6.5(2).

(2)  A defendant may be noted in default even if the defendant has filed and served a notice of address for service.

Limitation on when judgment or noting in default may occur

3.42   Despite anything in this Division, judgment may not be entered against a defendant and a defendant may not be noted in default if the defendant has filed an application that has not been decided

                                 (a)    to set aside service of a statement of claim, or

                                 (b)    under rule 3.68 to set aside or amend a statement of claim, to strike out a claim, or to stay an action, application or proceeding.

Subdivision 5
Claims Against Co-defendants

How to make claim against co-defendant

3.43(1)  If a defendant claims a contribution or indemnity, or both, against a co-defendant under the Tort-feasors Act or the Contributory Negligence Act,

                                 (a)    the defendant may file and serve on a co-defendant a notice in Form 15 claiming a remedy under either or both of those Acts,

                                 (b)    neither the defendant nor the co-defendant need file a pleading in respect of a claim or defence under those Acts unless the Court otherwise orders, and

                                 (c)    a third party claim need not be filed and served on the co‑defendant.

(2)  The notice claiming contribution must be filed and served on the co-defendant within 20 days after the date on which the defendant files the statement of defence or demand for notice.

(3)  A claim under subrule (1) must be determined at the trial of the plaintiff’s claim against the defendant, or if there is no trial, as directed by the Court.

Subdivision 6
Third Party Claims

When third party claim may be filed

3.44   A defendant or third party defendant may file a third party claim against another person who

                                 (a)    is or might be liable to the party filing the third party claim for all or part of the claim against that party,

                                 (b)    is or might be liable to the party filing the third party claim for an independent claim arising out of

                                           (i)    a transaction or occurrence or series of transactions or occurrences involved in the action between the plaintiff and the defendant, or

                                          (ii)    a related transaction or occurrence or series of related transactions or occurrences,

                                     or

                                 (c)    should be bound by a decision about an issue between the plaintiff and the defendant.

Form of third party claim

3.45   A third party claim must

                                 (a)    be in Form 16,

                                 (b)    comply with the rules about pleadings in Part 13, Division 3,

                                 (c)    be filed and served on the plaintiff and the third party defendant, whether or not the third party defendant is already a party to the action,

                                           (i)    within 6 months after the date on which the defendant filed a statement of defence or demand for notice, and

                                          (ii)    before judgment is entered against the defendant or the defendant is noted in default,

                                     and

                                 (d)    be accompanied, when it is served on the third party defendant, with a copy of the statement of claim served on the defendant.

Third party defendant becomes party

3.46(1)  On service of a third party claim,

                                 (a)    the third party defendant becomes a party to the action between the plaintiff and the defendant, and

                                 (b)    all subsequent proceedings in the action must name the third party as a party in the action between the plaintiff and the defendant.

(2)  The pleadings between

                                 (a)    the defendant and the third party defendant, and

                                 (b)    a third party plaintiff and a third party defendant,

form part of the court file between the plaintiff and the defendant.

(3)  A third party claim must be tried with the other claims in the action unless the Court otherwise orders under rule 3.71.

Third party defendant’s options

3.47   A third party defendant may do one or more of the following:

                                 (a)    apply to the Court to set aside service in accordance with rule 11.31;

                                 (b)    apply to the Court for an order under rule 3.68 with respect to the third party claim;

                                 (c)    apply to the Court for an order under rule 3.68 with respect to the plaintiff’s statement of claim;

                                 (d)    file a statement of defence or demand for notice.

Plaintiff’s options

3.48   A plaintiff in an action in which a third party claim is filed may apply to the Court for an order under rule 3.68 with respect to the third party claim.

Third party statement of defence

3.49(1)  A statement of defence by a third party defendant

                                 (a)    must be in Form 17,

                                 (b)    must comply with the rules about pleadings in Part 13, Division 3, and

                                 (c)    may dispute either or both of the following:

                                           (i)    the defendant’s liability to the plaintiff, or

                                          (ii)    the third party defendant’s liability described in the third party claim.

(2)  If a third party defendant files a statement of defence, the third party defendant must file it and serve it on each of the other parties within the applicable time after service of the third party claim on the third party defendant.

(3)  The applicable time is

                                 (a)    20 days if service is effected in Alberta,

                                 (b)    one month if service is effected outside Alberta but in Canada, and

                                 (c)    2 months if service is effected outside Canada.

(4)  If a third party defendant files a statement of defence, the third party defendant may do either or both of the following:

                                 (a)    make a claim against a third party co-defendant in accordance with rule 3.43;

                                 (b)    make a counterclaim in accordance with rule 3.56(2).

Demand for notice by third party defendant

3.50(1)  A demand for notice by a third party defendant must be in Form 18.

(2)  If a third party defendant files a demand for notice, the third party defendant must file it and serve it on each of the other parties within the applicable time after service of the third party claim on the third party defendant.

(3)  The applicable time is

                                 (a)    20 days if service is effected in Alberta,

                                 (b)    one month if service is effected outside Alberta but in Canada, and

                                 (c)    2 months if service is effected outside Canada.

Effect of demand for notice

3.51(1)  If a third party defendant files and serves a demand for notice, the third party defendant must be served with notice of any application in which the third party defendant is named as respondent.

(2)  Judgment may be entered against a third party defendant who has filed and served a demand for notice only if

                                 (a)    the third party plaintiff applies to the Court for judgment, and

                                 (b)    notice of the application is served on the third party defendant.

(3)  If a third party defendant files and serves a demand for notice, the third party defendant may subsequently file a statement of defence only with the Court’s permission.

Consequences of not filing third party statement of defence

3.52(1)  If a third party defendant does not file a statement of defence disputing the liability of the defendant to the plaintiff, the third party defendant admits the validity of any judgment that the plaintiff obtains against the defendant, whether obtained by agreement or otherwise.

(2)  If a third party defendant does not file a statement of defence disputing the third party defendant’s liability to the third party plaintiff under the third party claim, the third party defendant admits liability to the extent claimed in the third party claim.

Judgment against third party defendant

3.53(1)  The Court may give judgment against a third party defendant if the third party defendant does not file a statement of defence.

(2)  Judgment against a defendant must be satisfied before judgment is enforced against a third party defendant unless the Court otherwise orders.

(3)  An application by a defendant to enforce a judgment against a third party defendant under subrule (2) must

                                 (a)    be in Form 19, and

                                 (b)    be served on the plaintiff and the third party defendant.

Plaintiff’s reply to third party defence

3.54(1)  A plaintiff or third party plaintiff may file a reply to a statement of defence filed by a third party defendant.

(2)  If a plaintiff or third party plaintiff files a reply, the reply must

                                 (a)    be in Form 20,

                                 (b)    comply with the rules about pleadings in Part 13, Division 3, and

                                 (c)    be filed and served on the third party defendant and each of the other parties within 10 days after service of the statement of defence by the third party defendant on the plaintiff.

Application of rules to third party claims

3.55   Except when the context or these rules otherwise provide, a rule that applies to or in respect of

                                 (a)    a plaintiff applies equally to or in respect of a third party plaintiff,

                                 (b)    a defendant applies equally to or in respect of a third party defendant, and

                                 (c)    a pleading related to a claim made by a statement of claim applies equally to or in respect of a pleading related to a third party claim.

Subdivision 7
Counterclaims

Right to counterclaim

3.56(1)  A defendant may, by counterclaim, file a claim against

                                 (a)    a plaintiff, or

                                 (b)    the plaintiff and another person whether the other person is a party to the action by the plaintiff or not.

(2)  A third party defendant may, by counterclaim, file a claim against the plaintiff, defendant or third party plaintiff, or any combination of them, with or without any other person, whether the other person is a party to the action or not.

Contents of counterclaim

3.57   A counterclaim must

                                 (a)    be in Form 21,

                                 (b)    comply with the rules about pleadings in Part 13, Division 3, and

                                 (c)    be filed and served on the defendant-by-counterclaim within the same time period that the plaintiff-by-counterclaim must file a statement of defence under rule 3.31(2).

Status of counterclaim

3.58   A counterclaim is an independent action.

Claiming set-off

3.59   A matter that might be claimed by set-off may be claimed by counterclaim or by pleading set‑off as a defence.

Application of rules to counterclaims

3.60(1)  Except when the context or these rules otherwise provide, a rule that applies to or in respect of

                                 (a)    a plaintiff applies equally to or in respect of a plaintiff-by-counterclaim and a third party plaintiff-by-counterclaim,

                                 (b)    a defendant applies equally to or in respect of a defendant-by-counterclaim and a third party defendant-by-counterclaim, and

                                 (c)    a pleading related to a claim made by statement of claim applies equally to or in respect of a pleading related to a counterclaim.

(2)  If the defendant-by-counterclaim does not file a statement of defence or demand for notice in respect of a counterclaim, a judgment on the counterclaim may be obtained only with the Court’s permission after notice of the application has been served on the defendant-by-counterclaim.

Division 4
Request for Particulars, Amendments to Pleadings and Close of Pleadings

Request for particulars

3.61(1)  A party on whom a pleading is served may serve on the party who served the pleading a request for particulars about anything in the pleading.

(2)  If the requesting party does not receive a sufficient response within 10 days after the date on which the request is served, the requesting party may apply to the Court for an order requiring the party who served the pleading to provide the particulars.

(3)  If the Court orders particulars to be provided, it must specify a time within which the order is to be complied with.

(4)  Subject to any order, despite a request for particulars, the obligation under these rules to file and serve pleadings continues even though a request for particulars has been made and whether or not it has been complied with.

Amending pleading

3.62(1)  A party may amend the party’s pleading, including an amendment to add, remove, substitute or correct the name of a party, as follows:

                                 (a)    before pleadings close, any number of times without the Court’s permission;

                                 (b)    after pleadings close, only by agreement of the parties filed with the Court,

                                           (i)    for the addition, removal, substitution or correction of the name of a party, with the Court’s prior permission in accordance with rule 3.74, or

                                          (ii)    for any other amendment, with the Court’s prior permission in accordance with rule 3.65.

(2)  An amended pleading must be

                                 (a)    filed, and

                                 (b)    served on each of the other parties within 10 days after the date on which it is filed.

(3)  A party may, without the Court’s permission, amend that party’s pleading before or after pleadings close if that amended pleading is

                                 (a)    a statement of defence in response to an amended statement of claim, an amended counterclaim or an amended third party claim, or

                                 (b)    a reply to an amended statement of defence, amended statement of defence to an amended counterclaim, or amended statement of defence to an amended third party claim.

(4)  A response pleading referred to in subrule (3) must be

                                 (a)    filed, and

                                 (b)    served on each of the other parties within 10 days after the date that the amended pleading referred to in subrule (3) is served.

(5)  If a party has pleaded in response to a pleading that is subsequently amended and served on that party and the party does not file and serve a further response to the amended pleading, the party is assumed to rely on the party’s unamended pleading in response to the amended pleading referred to in subrule (3).

(6)  This rule does not apply to amendments to a class proceeding under the Class Proceedings Act.

Identifying amendments to pleadings

3.63(1)  Unless the Court otherwise orders, if a party amends a pleading, a new pleading must be filed, being a copy of the original pleading but amended and bearing the date of the original.

(2)  The amendment must

                                 (a)    be dated and identified, and each amended version must be identified, and

                                 (b)    be endorsed by the court clerk in the following form:

                                                  Amended on [date] by [order] [party consent]
Dated . . .

Time limit for application to disallow amendment to pleading

3.64(1)  On application, the Court may disallow an amendment to a pleading or a part of it.

(2)  The application must be filed within 10 days after service on the applicant of the amended pleading.

Permission of Court to amendment before or after close of pleadings

3.65(1)  Subject to subrule (5), before or after close of pleadings, the Court may give permission to amend a pleading.

(2)  If the Court gives permission for a pleading to be amended, the Court must specify the time period within which the amended pleading must be filed and served.

(3)  An order giving permission to amend a pleading under this rule ceases to have effect unless the amended pleading is filed and served within the time specified by the Court.

(4)  If the Court directs or allows a pleading to be amended at trial,

                                 (a)    the amendment must be recorded in writing by the court clerk, and

                                 (b)    no order need be filed.

(5)  This rule does not apply to an amendment to a pleading to add, remove, substitute or correct the name of a party to which rule 3.74 applies.

Costs

3.66   The costs, if any, as a result of an amendment to a pleading are to be borne by the party filing the amendment unless

                                 (a)    the amendment is a response to an amended pleading, or

                                 (b)    the Court otherwise orders.

Close of pleadings

3.67(1)  This rule applies to pleadings between the following:

                                 (a)    a plaintiff and a defendant;

                                 (b)    a plaintiff-by-counterclaim and a defendant‑by‑counterclaim;

                                 (c)    a third party plaintiff and a third party defendant;

                                 (d)    a plaintiff and a third party defendant.

(2)  Pleadings close when

                                 (a)    a reply is filed and served by a plaintiff, plaintiff-by-counterclaim or third party plaintiff, as the case may be, or

                                 (b)    the time for filing and serving a reply expires,

whichever is earlier.

(3)  The close of pleadings against one party represents the close of pleadings against all parties to that pleading.

Division 5
Significant Deficiencies in Claims

Court options to deal with significant deficiencies

3.68(1)  If the circumstances warrant and a condition under subrule (2) applies, the Court may order one or more of the following:

                                 (a)    that all or any part of a claim or defence be struck out;

                                 (b)    that a commencement document or pleading be amended or set aside;

                                 (c)    that judgment or an order be entered;

                                 (d)    that an action, an application or a proceeding be stayed.

(2)  The conditions for the order are one or more of the following:

                                 (a)    the Court has no jurisdiction;

                                 (b)    a commencement document or pleading discloses no reasonable claim or defence to a claim;

                                 (c)    a commencement document or pleading is frivolous, irrelevant or improper;

                                 (d)    a commencement document or pleading constitutes an abuse of process;

                                 (e)    an irregularity in a commencement document or pleading is so prejudicial to the claim that it is sufficient to defeat the claim.

(3)  No evidence may be submitted on an application made on the basis of the condition set out in subrule (2)(b).

(4)  The Court may

                                 (a)    strike out all or part of an affidavit that contains frivolous, irrelevant or improper information;

                                 (b)    strike out all or any pleadings if a party without sufficient cause does not

                                           (i)    serve an affidavit of records in accordance with rule 5.5,

                                          (ii)    comply with rule 5.10, or

                                         (iii)    comply with an order under rule 5.11.

Division 6
Refining Claims and Changing Parties

Subdivision 1
Joining and Separating Claims and Parties

Joining claims

3.69(1)  A party may join 2 or more claims in an action unless the Court otherwise orders.

(2)  A party may sue or be sued in different capacities in the same action.

(3)  If there is more than one defendant or respondent, it is not necessary for each to have an interest

                                 (a)    in all the remedies claimed or sought, or

                                 (b)    in each claim included in the action.

Parties joining to bring action

3.70(1)  Two or more parties may join to bring an action, and a plaintiff or originating applicant may make a claim against 2 or more persons as defendants or respondents in an action, if

                                 (a)    the claim arises out of the same transaction or occurrence or series of transactions or occurrences,

                                 (b)    a question of law or fact common to the parties is likely to arise, or

                                 (c)    the Court permits.

(2)  This rule applies irrespective of the remedy claimed by the plaintiff or originating applicant and whether or not 2 or more plaintiffs or originating applicants seek the same remedy.

Separating claims

3.71(1)  When 2 or more claims are made in an action or when 2 or more parties join or are joined in an action, the Court may make an order under this rule if the Court is satisfied that the joined claims or parties, or both, may

                                 (a)    unduly complicate or delay the action, or

                                 (b)    cause undue prejudice to a party.

(2)  The Court may, by order, do one or more of the following:

                                 (a)    order separate trials, hearings, applications or other proceedings;

                                 (b)    order one or more of the claims to be asserted in another action;

                                 (c)    order a party to be compensated by a costs award for having to attend part of a trial, hearing, application or proceeding in which the party has no interest;

                                 (d)    excuse a party from having to attend all or part of a trial, hearing, application or proceeding in which the party has no interest.

Consolidation or separation of claims and actions

3.72(1)  The Court may order one or more of the following:

                                 (a)    that 2 or more claims or actions be consolidated;

                                 (b)    that 2 or more claims or actions be tried at the same time or one after the other;

                                 (c)    that one or more claims or actions be stayed until another claim or action is determined;

                                 (d)    that a claim be asserted as a counterclaim in another action.

(2)  An order under subrule (1) may be made for any reason the Court considers appropriate, including, without limitation, that 2 or more claims or actions

                                 (a)    have a common question of law or fact, or

                                 (b)    arise out of the same transaction or occurrence or series of transactions or occurrences.

Incorrect parties not fatal to actions

3.73(1)  No claim or action fails solely because

                                 (a)    2 or more parties join in an action that they should not have joined,

                                 (b)    2 or more parties do not join an action that they could or should have joined, or

                                 (c)    a party was incorrectly named as a party or was incorrectly omitted from being named as a party.

(2)  If subrule (1) applies, a judgment entered in respect of the action is without prejudice to the rights of persons who were not parties to the action.

Subdivision 2
Changes to Parties

Adding, removing or substituting parties after close of pleadings

3.74(1)  After close of pleadings, no person may be added, removed or substituted as a party to an action started by statement of claim except in accordance with this rule.

(2)  On application, the Court may order that a person be added, removed or substituted as a party to an action if

                                 (a)    in the case of a person to be added or substituted as plaintiff, plaintiff-by-counterclaim or third party plaintiff, the application is made by a person or party and the consent of the person proposed to be added or substituted as a party is filed with the application;

                                 (b)    in the case of an application to add or substitute any other party, or to remove or to correct the name of a party, the application is made by a party and the Court is satisfied the order should be made.

(3)  The Court may not make an order under this rule if prejudice would result for a party that could not be remedied by a costs award, an adjournment or the imposition of terms.

Adding, removing or substituting parties to originating application

3.75(1)  In an action started by originating application no party or person may be added or substituted as a party to the action except in accordance with this rule.

(2)  On application of a party or person, the Court may order that a person be added or substituted as a party to the action,

                                 (a)    in the case of a person to be added or substituted as an originating applicant, if consent of the person proposed to be added or substituted is filed with the application;

                                 (b)    in the case of an application to add or substitute a person as a respondent, or to remove or correct the name of a party, if the Court is satisfied the order should be made.

(3)  The Court may not make an order under this rule if prejudice would result for a party that could not be remedied by a costs award, an adjournment or the imposition of terms.

Action to be taken when defendant or respondent added

3.76(1)  If a defendant or respondent is added to or substituted in an action, the plaintiff, originating applicant, plaintiff-by-counterclaim or third party plaintiff must, unless the Court otherwise orders,

                                 (a)    amend the commencement document, as required, to name the new party, and

                                 (b)    serve the amended commencement document on each of the other parties.

(2)  Unless the Court otherwise orders,

                                 (a)    in the case of a new defendant, the new defendant has the same time period to serve a statement of defence as the defendant had under rule 3.31, and

                                 (b)    the action against the new defendant or new respondent, as the case may be, starts on the date on which the new party is added to or substituted in the action.

Subsequent encumbrancers not parties in foreclosure action

3.77   A plaintiff in a foreclosure action must not make any subsequent encumbrancer a party to the claim unless possession is claimed from the subsequent encumbrancer.

Part 4
Managing Litigation

Division 1
Responsibility of Parties

Responsibility of parties to manage litigation

4.1   The parties are responsible for managing their dispute and for planning its resolution in a timely and cost‑effective way.

What the responsibility includes

4.2   The responsibility of the parties to manage their dispute and to plan its resolution requires the parties

                                 (a)    to act in a manner that furthers the purpose and intention of these rules described in rule 1.2,

                                 (b)    in an action categorized as a standard case, to respond in a substantive way and within a reasonable time to any proposal for the conduct of an action,

                                 (c)    in an action categorized as a complex case, to meet or to adjust dates in a timely way in a complex case litigation plan,

                                 (d)    when the complexity or the nature of an action requires it, to apply to the Court for direction, or request case management under rule 4.12, and

                                 (e)    to consider and engage in one or more dispute resolution processes described in rule 4.16(1) unless the Court waives that requirement.

Categories of court action

4.3(1)  For the purpose of these rules, actions are categorized as

                                 (a)    standard cases, or

                                 (b)    complex cases.

(2)  In deciding whether an action should be categorized as a standard or complex case, the parties or the Court, as the case requires, must consider the following factors:

                                 (a)    the amount of the claim, the number and nature of the claims, and the complexity of the action;

                                 (b)    the number of parties;

                                 (c)    the number of documents involved;

                                 (d)    the number and complexity of issues and how important they are;

                                 (e)    how long questioning under Part 5 is likely to take;

                                  (f)    whether expert reports will be required and, if so, the time it will take to exchange reports and to question experts under Part 5;

                                 (g)    whether medical examinations and reports under Part 5, Division 3 will be required;

                                 (h)    any other matter that should be considered to meet the purpose and intention of the rules described in rule 1.2;

                                  (i)    whether a third party claim has been or is likely to be made.

(3)  If, within 4 months after the date a statement of defence is filed, the parties do not agree on whether the action is a standard or complex case, and the Court does not otherwise order, the action is to be categorized as a standard case.

Standard case obligations

4.4(1)  Unless the parties otherwise agree, or the Court otherwise orders, and subject to matters arising beyond the control of the parties, the parties to an action categorized as a standard case must, within a reasonable time considering the nature of the action, complete each of the following steps or stages in the action:

                                 (a)    close of pleadings;

                                 (b)    disclosure of information under Part 5;

                                 (c)    at least one of the dispute resolution processes described in rule 4.16(1), unless the requirement is waived by the Court;

                                 (d)    application for a trial date.

(2)  A party to an action categorized as a standard case may serve on the other party a proposed litigation plan or a proposal for the completion or timing of any stage or step in the action, and if no agreement is reached, any party may apply to the Court for a procedural or other order respecting the plan or proposal.

Complex case obligations

4.5(1)  The parties to an action categorized as a complex case must, within 4 months after the date that the parties agree to the categorization or the Court determines that the action is a complex case,

                                 (a)    agree on a complex case litigation plan, and

                                 (b)    unless reasons are given in the plan not to do so,

                                           (i)    establish a date by which the real issues in dispute will be identified,

                                          (ii)    agree on a protocol for the organization and production of records,

                                         (iii)    set a date by which disclosure of records will be completed under rule 5.5,

                                         (iv)    set a date by which questioning under Part 5 will be completed,

                                          (v)    set a date by which all experts’ reports and rebuttal and surrebuttal expert reports will be served,

                                         (vi)    set a date by which reports of any health care professionals will be obtained, and

                                        (vii)    agree on an estimated date to apply for a trial date.

(2)  When a complex case litigation plan or an amendment to the plan is agreed to, the plaintiff must file it and serve it on all parties.

Settling disputes about complex case litigation plans

4.6   If no agreement is reached on a complex case litigation plan within the period referred to in rule 4.5(1), or if the parties cannot agree on an adjustment to a date in the plan, the Court may

                                 (a)    establish or amend a complex case litigation plan for the action, or

                                 (b)    make a procedural order with respect to the action generally or to deal with particular issues or issues that may arise.

Monitoring and adjusting dates

4.7(1)  The parties must monitor progress in their action and adjust the dates by which a stage or step in the action is expected to be completed if a party is added to the action or as circumstances require.

(2)  On application, the Court may adjust or set dates by which a stage or a step in the action is expected to be completed.

Court may categorize actions

4.8(1)  On application, the Court may direct whether an action is to be categorized as a standard or complex case.

(2)  The Court may change the categorization of an action to complex or standard at any time.

Division 2
Court Assistance in Managing Litigation

Orders to facilitate proceedings

4.9   If a party or the Court is not satisfied that an action is being managed in accordance with rule 4.2,

                                 (a)    the party may apply for a procedural order, an order under rule 4.10 or any other appropriate order;

                                 (b)    the Court may make a procedural order, an order under rule 4.10 or any other appropriate order.

Assistance by the Court

4.10(1)  The Court may, at any time, direct the parties and any other person to attend a conference with the Court.

(2)  The participants in the conference may consider

                                 (a)    dispute resolution possibilities, the process for them, and how they can be facilitated;

                                 (b)    simplification or clarification of a claim, a pleading, a question, an issue, an application or a proceeding;

                                 (c)    a complex case litigation plan or a modification to the plan;

                                 (d)    case management by a judge;

                                 (e)    practice, procedural or other issues or questions and how to resolve them;

                                  (f)    any other matter that may aid in the resolution or facilitate the resolution of a claim, application or proceeding or otherwise meet the purpose and intention of these rules described in rule 1.2.

(3)  If a party files an application for a conference under this rule, that party must

                                 (a)    give a reason for the conference, and

                                 (b)    file and serve on every other party notice of the application and any material to be relied on in support of the application a reasonable time before the date the conference is scheduled to take place.

(4)  The Court may make a procedural order before, at or following the conference.

Ways the Court may manage action

4.11   The Court may manage an action in one or more of the following ways, in which case the responsibility of the parties to manage their dispute is modified accordingly:

                                 (a)    the Court may make a procedural order;

                                 (b)    the Court may direct a conference under rule 4.10;

                                 (c)    on request under rule 4.12, or on the initiative of the Chief Justice under rule 4.13, the Chief Justice may appoint a case management judge for the action;

                                 (d)    the Court may make an order under a rule providing for specific direction or a remedy.

Request for case management

4.12(1)  A request for a case management order must be made in writing to the Chief Justice and a copy of the request must be served on each of the other parties.

(2)  The request must state

                                 (a)    the reason for the request, and

                                 (b)    whether any of the other parties agrees with the request.

(3)  An action commenced or continued under the Class Proceedings Act must have a case management judge appointed for the action unless the Chief Justice decides otherwise, and the request for a case management judge must be made no later than the date on which the first application in respect of the class proceeding is made under section 2(2) of the Class Proceedings Act.

Appointment of case management judge

4.13   The Chief Justice may order that an action be subject to case management and appoint a judge as the case management judge for the action for one or more of the following reasons:

                                 (a)    to encourage the parties to participate in a dispute resolution process;

                                 (b)    to promote and ensure the fair and efficient conduct and resolution of the action;

                                 (c)    to keep the parties on schedule;

                                 (d)    to facilitate preparation for trial and the scheduling of a trial date.

Authority of case management judge

4.14(1)  A case management judge, or if the circumstances require, any other judge, may

                                 (a)    order that steps be taken by the parties to identify, simplify or clarify the real issues in dispute,

                                 (b)    establish, substitute or amend a complex case litigation plan and order the parties to comply with it,

                                 (c)    make an order to facilitate an application, proceeding, questioning or pre-trial proceeding,

                                 (d)    make an order to promote the fair and efficient resolution of the action by trial,

                                 (e)    facilitate efforts the parties may be willing to take towards the efficient resolution of the action or any issue in the action through negotiation or a dispute resolution process other than trial, or

                                  (f)    make any procedural order that the judge considers necessary.

(2)  Unless the Chief Justice or the case management judge otherwise directs, or these rules otherwise provide, the case management judge must hear every application filed with respect to the action for which the case management judge is appointed.

Case management judge presiding at summary trial and trial

4.15  Unless every party and the judge agree, a case management judge must not hear an application for judgment by way of a summary trial or preside at the trial of the action for which the case management judge is appointed.

Division 3
Dispute Resolution by Agreement

Subdivision 1
Dispute Resolution Processes

Dispute resolution processes

4.16(1)  The responsibility of the parties to manage their dispute includes good faith participation in one or more of the following dispute resolution processes with respect to all or any part of the action:

                                 (a)    a dispute resolution process in the private or government sectors involving an impartial third person;

                                 (b)    a Court annexed dispute resolution process;

                                 (c)    a judicial dispute resolution process described in rules 4.17 to 4.21;

                                 (d)    any program or process designated by the Court for the purpose of this rule.

(2)  On application, the Court may waive the responsibility of the parties under this rule, but only if

                                 (a)    before the action started the parties engaged in a dispute resolution process and the parties and the Court believe that a further dispute resolution process would not be beneficial,

                                 (b)    the nature of the claim is not one, in all the circumstances, that will or is likely to result in an agreement between the parties,

                                 (c)    there is a compelling reason why a dispute resolution process should not be attempted by the parties,

                                 (d)    the Court is satisfied that engaging in a dispute resolution process would be futile, or

                                 (e)    the claim is of such a nature that a decision by the Court is necessary or desirable.

(3)  The parties must attend the hearing of an application under subrule (2) unless the Court otherwise orders.

Subdivision 2
Judicial Dispute Resolution

Purpose of judicial dispute resolution

4.17   The purpose of this Subdivision is to provide a party-initiated framework for a judge to actively facilitate a process in which the parties resolve all or part of a claim by agreement.

Judicial dispute resolution process

4.18(1)  An arrangement for a judicial dispute resolution process may be made only with the agreement of the participating parties and, before engaging in a judicial dispute resolution process, and subject to the directions of the presiding judge, the participating parties must agree to the extent possible on at least the following:

                                 (a)    that every party necessary to participate in the process has agreed to do so, unless there is sufficient reason not to have complete agreement;

                                 (b)    rules to be followed in the process, including rules respecting

                                           (i)    the nature of the process,

                                          (ii)    the matters to be the subject of the process,

                                         (iii)    the manner in which the process will be conducted,

                                         (iv)    the date on which and the location and time at which the process will occur,

                                          (v)    the role of the judge and any outcome expected of that role,

                                         (vi)    any practice or procedure related to the process, including exchange of materials, before, at or after the process,

                                        (vii)    who will participate in the process, which must include persons who have authority to agree on a resolution of the dispute, unless otherwise agreed, and

                                       (viii)    any other matter appropriate to the process, the parties or the dispute.

(2)  The parties who agree on the proposed judicial dispute resolution process are entitled to participate in the process.

(3)  The parties to a proposed judicial dispute resolution process may request that a judge named by the parties participate in the process.

Documents resulting from judicial dispute resolution

4.19   The only documents, if any, that may result from a judicial dispute resolution process are

                                 (a)    an agreement prepared by the parties, and any other document necessary to implement the agreement, and

                                 (b)    a consent order or consent judgment resulting from the process.

Confidentiality and use of information

4.20(1)  A judicial dispute resolution process is a confidential process intended to facilitate the resolution of a dispute.

(2)  Unless the parties otherwise agree in writing, statements made or documents generated for or in the judicial dispute resolution process with a view to resolving the dispute

                                 (a)    are privileged and are made or generated without prejudice,

                                 (b)    must be treated by the parties and participants in the process as confidential and may only be used for the purpose of that dispute resolution process, and

                                 (c)    may not be referred to, presented as evidence or relied on, and are not admissible in a subsequent application or proceeding in the same action or in any other action, or in proceedings of a judicial or quasi-judicial nature.

(3)  Subrule (2) does not apply to the documents referred to in rule 4.19.

Involvement of judge after process concludes

4.21(1)  The judge facilitating a judicial dispute resolution process in an action must not hear or decide any subsequent application, proceeding or trial in the action without the written agreement of every party and the agreement of the judge.

(2)  The judge facilitating a judicial dispute resolution process must treat the judicial dispute resolution process as confidential, and all the records relating to the process in the possession of the judge or in the possession of the court clerk must be returned to the parties or destroyed except

                                 (a)    the agreement of the parties and any document necessary to implement the agreement, and

                                 (b)    a consent order or consent judgment resulting from the process.

(3)  The judge facilitating a judicial dispute resolution process is not competent to give evidence nor compellable to give evidence in any application or proceeding relating to the process in the same action, in any other action, or in any proceeding of a judicial or quasi‑judicial nature.

Division 4
Security for Payment of Costs Award

Considerations for security for costs order

4.22   The Court may order a party to provide security for payment of a costs award if the Court considers it just and reasonable to do so, taking into account all of the following:

                                 (a)    whether it is likely the applicant for the order will be able to enforce an order or judgment against assets in Alberta;

                                 (b)    the ability of the respondent to the application to pay the costs award;

                                 (c)    the merits of the action in which the application is filed;

                                 (d)    whether an order to give security for payment of a costs award would unduly prejudice the respondent’s ability to continue the action;

                                 (e)    any other matter the Court considers appropriate.

Contents of security for costs order

4.23(1)  An order to provide security for payment of a costs award must, unless the Court otherwise orders,

                                 (a)    specify the nature of the security to be provided, which may include payment into Court,

                                 (b)    require a party to whom the order is directed to provide the security no later than 2 months after the date of the order or any other time specified in the order,

                                 (c)    stay some or all applications and other proceedings in the action until the security is provided, and

                                 (d)    state that if the security is not provided in accordance with the order, as the case requires,

                                           (i)    all or part of an action is dismissed without further order, or

                                          (ii)    a claim or defence is struck out.

(2)  If the security is given by bond, the bond must be given to the party requiring security unless the Court otherwise orders.

(3)  If the security is given by money paid into Court, the money may, by agreement of the parties, be paid out and a bond substituted for it.

(4)  As circumstances require, the Court may

                                 (a)    increase or reduce the security required to be provided, and

                                 (b)    vary the nature of the security to be provided.

(5)  An order under this rule may amend a complex case litigation plan.

Division 5
Settlement Using Court Process

Formal offers to settle

4.24(1)  At any time after a statement of claim, a claim under the Family Law Act, an application to vary a custody order under the Extra‑provincial Enforcement of Custody Orders Act or an originating application to vary a corollary relief order granted by another court under the Divorce Act (Canada) is filed, but 10 days or more before

                                 (a)    an application for judgment by way of a summary trial is scheduled to be heard,

                                 (b)    a trial is scheduled to start, or

                                 (c)    an application is scheduled to be heard or considered,

one party may serve on the party to whom the offer is made a formal offer to settle the action or a claim in the action.

(2)  To be valid a formal offer to settle must be made within the period described in subrule (1), be in Form 22 and include the following information:

                                 (a)    the name of the party making the offer;

                                 (b)    the name of the party or parties to whom the offer is made;

                                 (c)    what the offer is and any conditions attached to it;

                                 (d)    whether or not the amount of the offer is inclusive of interest and, if not, to what date and at what rate interest is payable under the terms of the offer;

                                 (e)    whether or not the amount of the offer is inclusive of costs and, if not, the amount or scale of the costs and the date to which they are payable under the terms of the offer;

                                  (f)    the requirements that must be complied with to accept the offer;

                                 (g)    a form of acceptance of the offer;

                                 (h)    notice of the costs consequences specified in rule 4.29.

(3)  Unless a valid formal offer to settle is withdrawn under subrule (4), the offer remains open for acceptance until

                                 (a)    the expiry of 2 months after the date of the offer or any longer period specified in the offer, or

                                 (b)    the start of the hearing of an application for judgment by way of summary trial or the start of the trial, as the case may be,

whichever occurs first.

(4)  A valid formal offer to settle may not be withdrawn unless

                                 (a)    the Court first gives permission for the withdrawal, which may be given only if the Court is satisfied that there are special circumstances that justify withdrawal, and

                                 (b)    the party who made the offer serves written notice of withdrawal on every party who received the offer.

Acceptance of formal offer to settle

4.25(1)  For the purpose of this Division, a formal offer to settle an action or a claim in an action may only be accepted in accordance with this rule.

(2)  At any time a formal offer to settle remains open for acceptance or before a formal offer to settle is withdrawn, a party to whom the offer has been made may accept the offer by

                                 (a)    filing the offer and the acceptance of it, and

                                 (b)    serving on the party who made the offer notice that

                                           (i)    the offer has been accepted, and

                                          (ii)    the terms of any judgment or order in the offer have been agreed to.

(3)  After the filing and service, a party may

                                 (a)    apply to the Court for judgment or an order in accordance with the terms of the formal offer to settle,

                                 (b)    continue the action in respect of any matter not covered by the judgment or order, and

                                 (c)    continue the action against any party who is not a party to the settlement.

If costs are not dealt with in formal offer to settle

4.26   If a formal offer to settle and acceptance filed under rule 4.25 do not deal with costs, either party may apply to the Court for an order under rule 10.31.

Status of formal offer to settle and acceptance

4.27  Unless otherwise agreed by the parties, a formal offer to settle under this Division

                                 (a)    is to be considered as an offer to settle that is made without prejudice, and

                                 (b)    is not an admission of anything.

Confidentiality of formal offer to settle

4.28(1)  Subject to rule 4.24(4) and subrule (2), a formal offer to settle is to be kept confidential and not disclosed to the Court until

                                 (a)    it is accepted, or

                                 (b)    the remedy for the claim has been decided.

(2)  Subrule (1) does not apply to an offer of a written or printed apology made under section 4 of the Defamation Act.

Costs consequences of formal offer to settle

4.29(1)  Subject to subrule (4), if a plaintiff makes a formal offer to settle that is not accepted and subsequently obtains a judgment or order in the action that is equal to or more favourable to the plaintiff than the offer, the plaintiff is entitled to double the costs to which the plaintiff would otherwise have been entitled under rule 10.31(1)(a) or 10.32 for all steps taken in relation to the action or claim after service of the offer, excluding disbursements.

(2)  Subject to subrule (4), if a defendant makes a formal offer to settle that is not accepted and a judgment or order in the action is made that is equal to or more favourable to the defendant than the offer, the defendant is entitled to costs for all steps taken in the action in relation to the action or claim after service of the offer.

(3)  A defendant is entitled to double the costs provided for in subrule (2), excluding disbursements, if

                                 (a)    subrule (2) applies, and

                                 (b)    the action or claim that is the subject of the formal offer to settle is dismissed.

(4)  This rule does not apply

                                 (a)    if costs are awarded under rule 10.31(1)(b),

                                 (b)    in the case of a formal offer to settle made with respect to an application for judgment after a summary trial, if the offer is made less than 10 days before the date scheduled to hear the application for judgment,

                                 (c)    in the case of a formal offer to settle made with respect to any other matter, if the offer is made less than 10 days before the date scheduled for the trial to start,

                                 (d)    in the case of a formal offer to settle that is withdrawn in accordance with rule 4.24(4), or

                                 (e)    if in special circumstances the Court orders that this rule is not to apply.

When this Division does not apply

4.30   This Division does not apply to an action or a claim in an action in respect of which a defence of tender before the action started is pleaded unless that defence is first withdrawn.

Division 6
Delay in an Action

Application to deal with delay

4.31  If delay occurs in an action, on application the Court may

                                 (a)    dismiss all or any part of a claim if the Court is satisfied that the delay has resulted in significant prejudice to a party, or

                                 (b)    make a procedural order or any other order provided for by these rules.

Agreement about delay

4.32   If 2 or more parties agree to delay an application or proceeding in an action, each of the other parties must be served with notice of the agreement to delay and of the nature and extent of the delay.

Dismissal for long delay

4.33(1)  If 2 or more years has passed after the last thing done that significantly advanced an action, the Court, on application, must dismiss the action as against the applicant, unless

                                 (a)    the parties to the application expressly agreed to the delay,

                                 (b)    the action has been stayed or adjourned by order, an order has extended the time for doing the next thing in the action, or the delay is provided for in a litigation plan,

                                 (c)    the applicant did not respond to a written proposal by the respondent that the next thing in the action not occur until more than 2 years after the last thing done that significantly advanced the action, or

                                 (d)    an application has been filed or proceedings have been taken since the delay and the applicant has participated in them for a purpose and to the extent that, in the opinion of the Court, warrants the action continuing.

(2)  If the Court refuses an application to dismiss an action for delay, the Court may still make whatever procedural order it considers appropriate.

(3)  Rule 13.5 does not apply to this rule.

Division 7
Transfer and Transmission of Interest

Stay of proceedings on transfer or transmission of interest

4.34(1)  If at any time in an action prior to judgment the interest or liability of a party is transferred or transmitted to another person by assignment, bankruptcy, death or other means, the action is stayed until an order to continue the action by or against the other person has been obtained.

(2)  If a transfer or transmission of the interest or liability of a party takes place while an application or proceeding in an action is pending, an interested person may, on filing an affidavit verifying the transfer or transmission of the interest or liability and without notice to any other party, request the Court to order that the action continue.

(3)  An order to continue the action must be served on each of the other parties as soon as it is received by the party requesting the order.

(4)  If an order to continue an action is not made within a reasonable time after the date on which the action is stayed, the defendant or respondent may apply to the Court to have the action dismissed for delay under rule 4.31.

Death has no effect on action after evidence heard

4.35   If a party dies before judgment but after all the evidence has been heard,

                                 (a)    the death does not terminate the action, whether or not the claim survives death, and

                                 (b)    judgment may be pronounced and entered despite the death.

Division 8
Discontinuance

Discontinuance of claim

4.36(1)  Before a date is set for trial, a plaintiff may discontinue all or any part of an action against one or more defendants.

(2)  After a trial date has been set but before a trial starts, a plaintiff may discontinue all or part of an action against one or more defendants only

                                 (a)    with the written agreement of every party, or

                                 (b)    with the Court’s permission.

(3)  After the trial starts, a plaintiff may discontinue all or part of an action only with the Court’s permission.

(4)  A discontinuance under this rule must be in Form 23 and must be filed and served on each of the other parties and, after the plaintiff serves notice of discontinuance, the defendant is entitled to a costs award against the plaintiff for having defended against the discontinued claim.

(5)  The discontinuance of the action may not be raised as a defence to any subsequent action for the same or substantially the same claim.

Discontinuance of defence

4.37(1)  A defendant may discontinue the whole of a statement of defence by filing a notice of discontinuance in Form 24 and serving it on the plaintiff.

(2)  On filing the notice of discontinuance,

                                 (a)    the defendant is in default of defence, and

                                 (b)    the plaintiff is entitled to a costs award against the defendant for having responded to the discontinued defence.

Part 5
Disclosure of Information

Purpose of this Part

5.1(1)  Within the context of rule 1.2, the purpose of this Part is

                                 (a)    to obtain evidence that will be relied on in the action,

                                 (b)    to narrow and define the issues between parties,

                                 (c)    to encourage early disclosure of facts and records,

                                 (d)    to facilitate evaluation of the parties’ positions and, if possible, resolution of issues in dispute, and

                                 (e)    to discourage conduct that unnecessarily or improperly delays proceedings or unnecessarily increases the cost of them.

(2)  The Court may give directions or make any order necessary to achieve the purpose of this Part.

Division 1
How Information Is Disclosed

Subdivision 1
Introductory Matters

When something is relevant and material

5.2(1)  For the purposes of this Part, a question, record or information is relevant and material only if the answer to the question, or the record or information, could reasonably be expected

                                 (a)    to significantly help determine one or more of the issues raised in the pleadings, or

                                 (b)    to ascertain evidence that could reasonably be expected to significantly help determine one or more of the issues raised in the pleadings.

(2)  The disclosure or production of a record under this Division is not, by reason of that fact alone, to be considered as an agreement or acknowledgment that the record is admissible or relevant and material.

Modification or waiver of this Part

5.3(1)  The Court may modify or waive any right or power under a rule in this Part or make any order warranted in the circumstances if

                                 (a)    a person acts or threatens to act in a manner that is vexatious, evasive, abusive, oppressive, improper or tediously lengthy, or

                                 (b)    the expense, delay, danger or difficulty in complying with a rule would be grossly disproportionate to the likely benefit.

(2)  In addition to making a procedural order, the Court may do any one or more of the following:

                                 (a)    make a costs award under Part 10 or require an advance payment against costs payable, or both;

                                 (b)    increase or decrease the amount of interest to which a person is entitled;

                                 (c)    order future questioning to be conducted before a judge, master or person designated by the Court;

                                 (d)    make any other order respecting the action or an application or proceeding the Court considers necessary in the circumstances.

Appointment of corporate representatives

5.4(1)  Unless the Court otherwise orders, every corporation that is a party must appoint a corporate representative.

(2)  Corporate representatives must

                                 (a)    inform themselves of relevant and material records and relevant and material information before being questioned under this Division,

                                 (b)    if questioned under this Division, bring to the questioning any records likely to be required in respect of which there is no claim of privilege, and

                                 (c)    give appropriate evidence of the relevant and material records and relevant and material information.

(3)  The corporate representative’s evidence is evidence given by the corporation.

(4)  On application, the Court may order corporate representatives to inform themselves of relevant and material records or relevant and material information, or both.

(5)  The Court may appoint a corporate representative for a party that is a corporation if the party has not done so.

(6)  The Court may appoint an additional or a substitute corporate representative for a party that is a corporation if

                                 (a)    an appointed corporate representative is not suitable, or

                                 (b)    an appointed corporate representative failed to inform himself or herself of relevant and material records and relevant and material information before being questioned.

Subdivision 2
Disclosing and Identifying Relevant and Material Records

When affidavit of records must be served

5.5(1)  Every party must serve an affidavit of records on each of the other parties in accordance with the time period specified in subrule (2), (3) or (4).

(2)  The plaintiff must serve an affidavit of records on each of the other parties within 3 months after the date the plaintiff is served with a statement of defence, or the first statement of defence if more than one is served.

(3)  The defendant must serve an affidavit of records on each of the other parties within one month after the date the defendant is served with the plaintiff’s affidavit of records.

(4)  A third party defendant who has filed a statement of defence must, within 3 months after that filing, serve an affidavit of records on each of the other parties .

Form and contents of affidavit of records

5.6(1)  An affidavit of records must

                                 (a)    be in Form 26, and

                                 (b)    disclose all records relevant and material to the issues in the action.

(2)  The affidavit of records must also specify

                                 (a)    which of the records are under the control of the party on whose behalf the affidavit is made,

                                 (b)    which of those records, if any, the party objects to produce and the grounds for the objection,

                                 (c)    for those records for which there is no objection to produce, a notice stating

                                           (i)    the time when the record may be inspected, which must be within 10 days after the affidavit is served, and

                                          (ii)    the place where the record may be inspected, which must be

                                                 (A)    the address for service of the party serving the affidavit,

                                                  (B)    a place agreed on by the parties or ordered by the Court, or

                                                  (C)    if the record is in constant use, the place where it is usually kept,

                                 (d)    which relevant and material records the party previously had under the party’s control, and

                                           (i)    the time when, and the manner in which, those records ceased to be under that party’s control, and

                                          (ii)    the present location of the records, if known,

                                     and

                                 (e)    that the party does not have and has never had any other relevant and material record under the party’s control.

(3)  If a party does not have and has never had any relevant and material records under the party’s control, the affidavit must say so.

Producible records

5.7(1)  Each producible record in an affidavit of records must

                                 (a)    be numbered in a convenient order, and

                                 (b)    be briefly described.

(2)  A group of records may be bundled and treated as a single record if

                                 (a)    the records are all of the same nature, and

                                 (b)    the bundle is described in sufficient detail to enable another party to understand what it contains.

Records for which there is an objection to produce

5.8   Each record in an affidavit of records that a party objects to produce must be numbered in a convenient order, and the affidavit must identify the grounds for the objection in respect of each record.

Who makes affidavit of records

5.9(1)  Subject to subrule (2), an affidavit of records must be sworn by

                                 (a)    the party,

                                 (b)    if the party is a corporation, by the corporation’s corporate representative, or

                                 (c)    if a litigation representative is appointed for a party, by the party’s litigation representative.

(2)  A suitable person, other than the lawyer of record of the party, may swear the affidavit of records if

                                 (a)    it is inconvenient for the party, the corporate representative or the litigation representative to do so, and

                                 (b)    the parties agree or the Court so orders.

Subsequent disclosure of records

5.10   If, after a party has served an affidavit of records on other parties, the first party finds, creates or obtains control of a relevant and material record not previously disclosed, the first party must

                                 (a)    immediately give notice of it to each of the other parties,

                                 (b)    on written request and on payment of reasonable copying expenses, supply each of the other parties with a copy of it, and

                                 (c)    prior to scheduling a date for trial, serve a supplementary affidavit of records on each of the other parties.

Order for record to be produced

5.11(1)  On application, the Court may order a record to be produced if the Court is satisfied that

                                 (a)    a relevant and material record under the control of a party has been omitted from an affidavit of records, or

                                 (b)    a claim of privilege has been incorrectly or improperly made in respect of a record.

(2)  For the purpose of making a decision on the application, the Court may

                                 (a)    inspect a record, and

                                 (b)    permit cross-examination on the original and on any subsequent affidavit of records.

Penalty for not serving affidavit of records

5.12(1)  In addition to any other order or sanction that may be imposed, the Court may impose a penalty of 2 times the amount set out in item 3(1) of the tariff in Division 2 of Schedule C, or any larger or smaller amount the Court may determine, on a party who, without sufficient cause,

                                 (a)    does not serve an affidavit of records in accordance with rule 5.5 or within any modified period agreed on by the parties or set by the Court,

                                 (b)    does not comply with rule 5.10, or

                                 (c)    does not comply with an order under rule 5.11.

(2)  If there is more than one party adverse in interest to the party ordered to pay the penalty, the penalty must be paid to the parties in the proportions determined by the Court.

(3)  A penalty imposed under this rule applies irrespective of the final outcome of the action.

Obtaining records from others

5.13(1)  On application, and after notice of the application is served on the person affected by it, the Court may order a person who is not a party to produce a record at a specified date, time and place if

                                 (a)    the record is under the control of that person,

                                 (b)    there is reason to believe that the record is relevant and material, and

                                 (c)    the person who has control of the record might be required to produce it at trial.

(2)  The person requesting the record must pay the person producing the record an amount determined by the Court.

Inspection and copying of records

5.14(1)  Every party is entitled, with respect to a record that is relevant and material and that is under the control of another party, to all of the following:

                                 (a)    to inspect the record on one or more occasions on making a written request to do so;

                                 (b)    to receive a copy of the record on making a written request for the copy and paying reasonable copying expenses;

                                 (c)    to make copies of the record when it is produced.

(2)  This rule does not apply to a record for which a claim of privilege is made unless the Court orders the record to be produced for inspection.

(3)  The Court or a party to an action who receives a computer‑generated document that was filed with the court clerk may request the person filing that document or causing it to be issued to provide a copy of it in an electronic format.

Admissions of authenticity of records

5.15(1)  In this rule, “authentic” includes the fact that

                                 (a)    a document that is said to be an original was printed, written, signed or executed as it purports to have been, and

                                 (b)    a document that is said to be a copy is a true copy of the original.

(2)  Subject to subrules (3), (4) and (5), a party who makes an affidavit of records or on whose behalf an affidavit of records is filed and a party on whom an affidavit of records is served are both presumed to admit that

                                 (a)    a record specified or referred to in the affidavit is authentic, and

                                 (b)    if a record purports or appears to have been transmitted, the original was sent by the sender and was received by the addressee.

(3)  Subrule (2)

                                 (a)    does not apply if the maker or the recipient of the affidavit objects in accordance with subrule (4),

                                 (b)    does not prejudice the right of a party to object to the admission of a record in evidence, and

                                 (c)    does not constitute an agreement or acknowledgment that the record is relevant and material.

(4)  The maker or recipient of an affidavit of records is not presumed to make the admission referred to in subrule (2) if, within one month after the date on which the records are produced, the maker or recipient serves notice on the other party that the authenticity or transmittal of a record, as the case may be, is disputed and that it must be proved at trial.

(5)  This rule does not apply to a record whose authenticity, receipt or transmission has been denied by a party in the party’s pleadings.

Undisclosed records not to be used without permission

5.16   A party who

                                 (a)    does not disclose a relevant and material record in an affidavit of records referred to in rule 5.6,

                                 (b)    does not disclose as required by rule 5.10 a relevant and material record that is found, created or obtained, or

                                 (c)    does not produce a relevant and material record in accordance with a valid request to do so under rule 5.14

may not afterwards use the record in evidence in the action unless the parties otherwise agree or the Court otherwise orders on the basis that there was a sufficient reason for the failure to disclose.

Subdivision 3
Questions to Discover Relevant and Material
Records and Relevant and Material Information

People who may be questioned

5.17(1)  A party is entitled to ask the following persons questions under oath about relevant and material records and relevant and material information:

                                 (a)    each of the other parties who is adverse in interest;

                                 (b)    if the party adverse in interest is a corporation,

                                           (i)    one or more officers or former officers of the corporation who have or appear to have relevant and material information that was acquired because they are or were officers of the corporation, and

                                          (ii)    the corporate representative;

                                 (c)    if a litigation representative is appointed for a party,

                                           (i)    the litigation representative, and

                                          (ii)    with the Court’s permission, the person on whose behalf the litigation representative is appointed if that person is competent to give evidence;

                                 (d)    one or more other persons who are or were employees of the party adverse in interest who have or appear to have relevant and material information that was acquired because of the employment;

                                 (e)    an auditor or former auditor engaged by a party adverse in interest, but not an auditor or former auditor engaged solely for the purpose of the action;

                                  (f)    if a partnership is a party adverse in interest, a partner or former partner of the partnership;

                                 (g)    in an action with respect to a negotiable instrument or chose in action,

                                           (i)    an assignor of the negotiable instrument or chose in action,

                                          (ii)    a prior endorser, drawer, holder or maker of the negotiable instrument, and

                                         (iii)    an employee or former employee of an assignor of the negotiable instrument or chose in action, and if the assignor is a corporation, an officer or former officer of the corporation.

(2)  If a questioning party questions more than one person of a party adverse in interest under subrule (1) and the person questioned is

                                 (a)    an officer or former officer of a corporation described in subrule (1)(b)(i),

                                 (b)    an employee or former employee of the party adverse in interest described in subrule (1)(d),

                                 (c)    an auditor or former auditor described in subrule (1)(e),

                                 (d)    a partner or former partner of a partnership referred to in subrule (1)(f), or

                                 (e)    an employee, former employee, officer or former officer described in subrule (1)(g)(iii), other than a corporate representative,

the costs of questioning the second and subsequent persons are to be paid by the questioning party unless

                                  (f)    the parties otherwise agree, or

                                 (g)    the Court otherwise orders.

(3)  This rule applies whether the person to be questioned is within or outside the Court’s jurisdiction.

Persons providing services to corporation

5.18(1)  Subject to subrules (2) and (3), if

                                 (a)    a party cannot obtain relevant and material information from an officer or employee or a former officer or former employee of a corporation that is a party adverse in interest,

                                 (b)    it would be unfair to require the party seeking the information to proceed to trial without having the opportunity to ask questions about the information sought, and

                                 (c)    the questioning will not cause undue hardship, expense or delay to, or unfairness to, any other party or to the person to be questioned,

the party may question, under oath, a person who has provided services for the corporation and who can provide the best evidence on the issue.

(2)  A person described in subrule (1) may be questioned only

                                 (a)    by written agreement of the parties, or

                                 (b)    with the Court’s permission.

(3)  An expert engaged by a party for the purposes of the action may not be questioned under this rule.

(4)  Evidence from a person questioned under this rule is to be treated as if it were evidence of an employee of the corporation.

(5)  The costs related to questioning a person under this rule are to be borne by the questioning party unless

                                 (a)    the parties otherwise agree, or

                                 (b)    the Court otherwise orders.

Limit or cancellation of questioning

5.19   On application, the Court may do either or both of the following:

                                 (a)    limit the number of persons subject to questioning by a party;

                                 (b)    cancel an appointment for questioning that the Court considers unnecessary, improper or vexatious.

When questioning is to take place

5.20(1)  Unless the parties otherwise agree, or the Court in exceptional circumstances otherwise orders, a party may not question a party or person under this Division unless the questioning party has served an affidavit of records on the party adverse in interest.

(2)  Subject to subrule (1), the questioning of a person is to take place as follows:

                                 (a)    questioning by the plaintiff, at any time after

                                           (i)    a statement of defence has been served on the plaintiff, or

                                          (ii)    the time for serving the statement of defence has expired;

                                 (b)    questioning by the defendant and every other party, at any time after a statement of defence has been served.

Appointment for questioning

5.21(1)  A party may question a person whom the party is entitled to question under this Part by serving on the person a notice of appointment for questioning in Form 29.

(2)  Rules 6.16 to 6.19 and 6.38 apply for the purposes of subrule (1) with one modification, namely, unless the parties otherwise agree, the notice of appointment for questioning must be served 20 days or more before the appointment date.

Questioning options

5.22   Subject to rule 5.24, questioning may be conducted

                                 (a)    orally, under oath, or

                                 (b)    by written questions, answered under oath, subject to the limitations of rule 5.28.

Preparation for questioning

5.23   A person to be questioned under this Division, other than a corporate representative, must

                                 (a)    reasonably prepare for questioning, and

                                 (b)    bring to the questioning any records likely to be required in respect of which there is no claim of privilege.

Oral and written questioning limitations

5.24   Unless the parties otherwise agree or the Court otherwise orders,

                                 (a)    if more than one party is entitled to question a person, the questioning must be oral, and

                                 (b)    a party may not question a person both orally and by written questioning.

Appropriate questions and objections

5.25(1)  During questioning, a person is required to answer only

                                 (a)    relevant and material questions, and

                                 (b)    questions in respect of which an objection is not upheld under subrule (2).

(2)  A party or a witness being questioned may object to an oral or written question during questioning but only for one or more of the following reasons:

                                 (a)    privilege;

                                 (b)    the question is not relevant and material;

                                 (c)    the question is unreasonable or unnecessary;

                                 (d)    any other ground recognized at law.

(3)  A corporate representative may object to an oral or written question during questioning on the basis that it would be unduly onerous for the corporate representative to inform himself or herself in the circumstances.

(4)  If an objection to a question cannot be resolved the Court must decide its validity.

(5)  After the questioning party has finished questioning a person, that person may be questioned by the party for whom the person is or may be a witness to explain, elaborate or provide context for an answer initially given.

(6)  Following answers to the explanatory, elaborative or contextual questions, the person may be questioned again about the person’s answers.

Transcript of oral questioning

5.26(1)  Oral questioning under this Part must be recorded word for word by a person qualified to do so

                                 (a)    by a method that is capable of producing a written transcript, and

                                 (b)    in a manner agreed on by the parties or directed by the Court.

(2)  The questioning party must make necessary arrangements to record the questioning.

(3)  Exhibits produced at the questioning must, unless otherwise agreed by the parties or ordered by the Court,

                                 (a)    be incorporated in or attached to the transcript, or

                                 (b)    be produced at the trial of the action without a notice to produce.

(4)  The person recording the oral questioning must

                                 (a)    keep in safe custody the recorded questioning,

                                 (b)    if required to do so, honestly and accurately transcribe the recorded questioning and deliver a copy of the transcript, as required, and

                                 (c)    on or attached to any transcript

                                           (i)    state the person’s name,

                                          (ii)    specify the date and place where the questioning occurred, and

                                         (iii)    certify the transcript, or the portion of the questioning transcribed, as complete and accurate.

(5)  A person is qualified to record and transcribe oral questioning under this Part if the person is

                                 (a)    an official court reporter,

                                 (b)    a person appointed by the Court as an examiner under the Alberta Rules of Court (AR 390/68), or

                                 (c)    a shorthand writer, sworn to record the questioning word for word and to impartially fulfill the duties imposed by subrule (4), who

                                           (i)    is an agent or employee of an official court reporter or an examiner, or

                                          (ii)    has been approved by the parties.

Continuing duty to disclose

5.27(1)  A person who is or has been questioned must, by affidavit, correct an answer if

                                 (a)    the answer was incorrect or misleading, or

                                 (b)    the answer becomes incorrect or misleading as a result of new information.

(2)  The correcting affidavit must be made and served on each of the other parties as soon as practicable after the person realizes that the answer was or has become incorrect or misleading.

Written questions

5.28(1)  Unless the Court otherwise orders or the parties otherwise agree, the following rules apply with respect to written questions and the answers to them:

                                 (a)    the written questions must be numbered and succinct;

                                 (b)    the answers provided to the questions must be given by affidavit and must state the question being answered;

                                 (c)    the answers to the questions must be served by the questioning party on each of the other parties within a time agreed on by the parties or ordered by the Court.

(2)  A party is entitled to ask

                                 (a)    one set of follow-up written questions as a result of the answers to the initial written questions, or

                                 (b)    follow-up oral questions if agreed by the parties.

(3)  If the answers to the written questions or the answers to the follow-up written or follow-up oral questions are unsatisfactory, the questioning party may apply to the Court for an order for either or both of the following:

                                 (a)    oral or further oral questioning;

                                 (b)    further written questions to be answered.

Acknowledgment of corporate witness’s evidence

5.29(1)  The evidence given by a corporate witness during questioning may not be read in as evidence at trial unless a corporate representative of the corporation, under oath, acknowledges that the evidence forms some of the information of the corporation.

(2)  Subject to subrule (3), the corporate representative may refuse to acknowledge some or all of the evidence of the corporate witness and, if so, must state why, but is not entitled to refuse to acknowledge the corporate witness’s information just because the corporate representative disbelieves or disagrees with it.

(3)  If the corporate representative disbelieves or disagrees with some or all of the evidence of a corporate witness, the corporate representative

                                 (a)    must acknowledge the evidence as information of the corporation unless it is inadmissible under the laws of evidence, and

                                 (b)    may then qualify the acknowledgment with further evidence that is contrary to or inconsistent with the corporate witness’s evidence if the further evidence is based on either or both of the following:

                                           (i)    the corporate representative’s personal knowledge;

                                          (ii)    a record prepared by the corporate representative or provided to the corporate representative by a person having personal knowledge of the issue in question.

Undertakings

5.30(1)  If, during questioning, a person answering questions

                                 (a)    does not know the answer to a question but would have known the answer if the person had reasonably prepared for questioning, or if as a corporate representative the person had reasonably informed himself or herself, or

                                 (b)    has under the person’s control a relevant and material record that is not privileged,

the person must undertake to inform himself or herself and provide an answer, or produce the record, within a reasonable time.

(2)  After the undertaking has been discharged, the person who gave the undertaking may be questioned on the answer given or record provided.

Use of transcript and answers to written questions

5.31(1)  Subject to rule 5.29, a party may use in support of an application or proceeding or at trial as against a party adverse in interest any of the evidence of that other party in a transcript of questioning under rule 5.17 or 5.18 and any of the evidence in the answers of that other party to written questions under rule 5.28.

(2)  Evidence referred to in subrule (1) is evidence only of the questioning party who uses the transcript evidence or the answers to the written questions, and is evidence only against the party who was questioned.

(3)  If only a portion of a transcript or a portion of the answers to the written questions is used, the Court may, on application, direct that all or each other portion of the transcript or answers also be used if all or any other portion is so connected with the portion used that it would or might be misleading not to use all or any other portion of the transcript or other answers.

When information may be used

5.32   The transcript of questioning, including exhibits, made under this Division, an affidavit of records, affidavits and answers to written questions, and correcting affidavits under this Division

                                 (a)    must not be filed and must not be put before the Court except during an application, proceeding or at trial, and

                                 (b)    may be filed and put before the Court only as permitted by these rules,

in which case the person relying on the documents filed must provide the material in writing or in any other form permitted by the Court.

Confidentiality and use of information

5.33(1)  The information and records described in subrule (2) must be treated as confidential and may only be used by the recipient of the information or record for the purpose of carrying on the action in which the information or record was provided or disclosed unless

                                 (a)    the Court otherwise orders,

                                 (b)    the parties otherwise agree, or

                                 (c)    otherwise required or permitted by law.

(2)  For the purposes of subrule (1) the information and records are:

                                 (a)    information provided or disclosed by one party to another in an affidavit served under this Division;

                                 (b)    information provided or disclosed by one party to another in a record referred to in an affidavit served under this Division;

                                 (c)    information recorded in a transcript of questioning made or in answers to written questions given under this Division.

Division 2
Experts and Expert Reports

Service of expert’s report

5.34   An expert’s report must

                                 (a)    be in Form 25 and contain the information required by the form, or any modification agreed on by the parties, and

                                 (b)    be served in the sequence required by rule 5.35.

Sequence of exchange of experts’ reports

5.35(1)  If a party intends to use the evidence of an expert at trial, the expert’s report must be served in the sequence described in subrule (2).

(2)  Unless the parties otherwise agree or the Court otherwise orders, experts’ reports on which a party intends to rely must be served in the following sequence:

                                 (a)    the party who bears the primary onus of proof must serve on each of the other parties the report of that party’s expert;

                                 (b)    the other party or parties must serve their expert’s rebuttal report, if any, and may include in the report issues not raised in the initial expert’s report;

                                 (c)    the party who served the initial expert’s report may serve a surrebuttal expert’s report that responds only to the new issues raised in the rebuttal report.

Objection to expert’s report

5.36(1)  A party who receives an expert’s report must notify the party serving the report of

                                 (a)    any objection to the admissibility of the expert’s report that the party receiving the report intends to raise at trial, and

                                 (b)    the reasons for the objection.

(2)  No objection to the admissibility of an expert’s report is permitted at trial unless

                                 (a)    reasonable notice of the objection was given to the other party, or

                                 (b)    the Court permits the objection to be made.

Questioning experts before trial

5.37(1)  The parties may agree, or in exceptional circumstances the Court may direct, that an expert be questioned by any party adverse in interest to the party proposing to call the expert witness at trial.

(2)  The questioning must be limited to the expert’s report.

(3)  The Court may impose conditions about questioning with respect to all or any of the following:

                                 (a)    limiting the length of questioning;

                                 (b)    specifying the place where the questioning is to take place;

                                 (c)    directing payment of costs incurred;

                                 (d)    any other matter concerning the questioning.

(4)  Evidence of an expert under this Division is to be treated as if it were evidence of an employee of the party who intends to rely on the expert’s report.

Continuing obligation on expert

5.38   If, after an expert’s report has been provided by one party to another, the expert changes his or her opinion on a matter in the report, the change of opinion must be

                                 (a)    disclosed by the expert in writing, and

                                 (b)    immediately served on each of the other parties.

Use of expert’s report at trial without expert

5.39(1)  A party serving an expert’s report may, at the same time, also serve notice of intention to have the report entered as evidence without calling the expert as a witness.

(2)  If a party serves a notice of intention under subrule (1), no objection may be made at trial to entering the expert’s report as evidence unless, within 2 months after service of the notice under subrule (1), any other party serves a statement on the party serving the notice of intention

                                 (a)    setting out all or parts of the report that that other party objects to being entered as evidence under this rule, and giving reasons for the objection, or

                                 (b)    serving on the party a request that the expert attend the trial for cross-examination.

(3)  Agreeing to have the expert’s report entered as evidence without calling the expert as a witness, either explicitly or by allowing subrule (2) to operate without objection, is not an admission of the truth or correctness of the expert’s report.

Expert’s attendance at trial

5.40(1) A party who agrees to have all of an expert’s report entered in evidence at trial, either explicitly or by allowing rule 5.39(2) to operate without objection, may, at the same time as responding to the notice of intention, serve a request that the expert be in attendance at trial for cross-examination.

(2)  The expert whose entire report is to be entered at trial must not give oral evidence at trial unless

                                 (a)    a request that the expert attend for cross-examination has been served, or

                                 (b)    the Court permits.

(3)  The party who requests an expert’s attendance for cross-examination must pay the costs of the expert’s attendance, determined under Schedule B, unless the Court is satisfied that the cross-examination is of sufficient assistance to warrant a different order about who is to pay those costs.

(4)  If the party proposing to enter the expert’s report receives a request that the expert attend for cross-examination, the party proposing to enter the report may question the expert at trial.

Division 3
Medical Examinations by Health Care Professionals

Medical examinations

5.41(1)  The parties may agree that the mental or physical condition of a person is at issue in an action and agree on a health care professional to conduct a medical examination.

(2)  On application, the Court may in an action in which the mental or physical condition of a person is at issue do either or both of the following:

                                 (a)    order that a person submit to a mental or physical medical examination;

                                 (b)    appoint a health care professional to conduct a medical examination.

(3)  The Court may order a second or further medical examination by a health care professional.

(4)  If the plaintiff has been the subject of a medical examination by a health care professional of the plaintiff’s choice who will or may be proffered as an expert, the Court may order that the plaintiff be the subject of a medical examination by one or more health care professionals of the defendant’s choice.

Options during medical examination

5.42(1)  Unless otherwise ordered by the Court, a person who is to be the subject of a medical examination by a health care professional may elect to do one or more of the following:

                                 (a)    nominate a health care professional to be present during the medical examination;

                                 (b)    videotape the medical examination;

                                 (c)    make a word‑for‑word recording of the medical examination.

(2)  The Court may

                                 (a)    define or limit the presence or role of the nominated health care professional,

                                 (b)    direct that any part of the medical examination, including any standardized tests, not be recorded, and

                                 (c)    otherwise provide direction as to the conduct of the medical examination.

Payment of costs of medical examinations

5.43(1)  Unless the Court otherwise orders, the party who applies for the order for a medical examination must pay the cost of the medical examination.

(2)  Unless the Court otherwise orders, the cost of

                                 (a)    the attendance of a nominated health care professional at a medical examination, or

                                 (b)    videotaping or recording a medical examination,

is to be paid by the party appointing the nominated health care professional or electing to have the medical examination videotaped or recorded.

(3)  The party arranging for the videotaping or recording must provide a copy of the videotape or recording to the other party as soon as practicable after the medical examination is completed.

(4)  The videotape or recording

                                 (a)    may be shown or played at trial only with the Court’s permission, and

                                 (b)    may only be used to verify events at the medical examination.

Conduct of examination

5.44(1)  A health care professional conducting a medical examination may ask the person being examined questions relating to that person’s mental and physical condition and medical history, and the person being examined must answer the questions.

(2)  If the person to be examined agrees in writing, or if the Court so orders, the examining health care professional may

                                 (a)    take or obtain samples from the person being examined, and make an analysis of the samples, and

                                 (b)    perform any test recognized by medical science.

(3)  The party causing the medical examination to be conducted

                                 (a)    must, on request, deliver promptly to each of the other parties a copy of a detailed written report of the health care professional’s findings and conclusions, and

                                 (b)    is, on request, entitled to receive promptly from the person examined a report of every medical examination previously or subsequently made of the physical or mental condition of the person resulting from the injuries sustained or the mental or physical condition that is in issue.

(4)  If a party refuses to provide a report in the manner described in subrule (3), the Court may order the report to be provided, and if the health care professional refuses to make the report in writing, the Court may make any order it considers proper, one of the provisions of which may be the exclusion of the health care professional’s evidence if that person’s evidence is offered at trial.

(5)  On application, the Court may make any order it considers necessary to limit or curtail a medical examination.

Part 6
Resolving Issues and
Preserving Rights

Division 1
Applications to the Court

What this Division applies to

6.1   This Division

                                 (a)    applies to every application filed in the Court unless a rule or an enactment otherwise provides or the Court otherwise orders or permits;

                                 (b)    does not apply to originating applications unless the parties otherwise agree or the Court otherwise orders.

Application to the Court to exercise its authority

6.2   When the Court has authority under these rules, a person may make an application to the Court that the Court exercise its authority.

Subdivision 1
Application Process Generally

Applications generally

6.3(1)  Unless these rules or an enactment otherwise provides or the Court otherwise permits, an application may only be filed during an action or after judgment is entered.

(2)  Unless the Court otherwise permits, an application to the Court must

                                 (a)    be in the appropriate form set out in Schedule A, Division 1 to these rules,

                                 (b)    state briefly the grounds for filing the application,

                                 (c)    identify the material or evidence intended to be relied on,

                                 (d)    refer to any provision of an enactment or rule relied on,

                                 (e)    specify any irregularity complained of or objection relied on,

                                  (f)    state the remedy claimed or sought, and

                                 (g)    state how the application is proposed to be heard or considered under these rules.

(3)  Unless an enactment, the Court or these rules otherwise provide, the applicant must file and serve on all parties and every other person affected by the application, 5 days or more before the application is scheduled to be heard or considered,

                                 (a)    notice of the application, and

                                 (b)    any affidavit or other evidence in support of the application.

Applications without notice

6.4   Despite any other rule to the contrary, notice of an application is not required to be served on a party if an enactment so provides or permits or the Court is satisfied that

                                 (a)    no notice is necessary, or

                                 (b)    serving notice of the application might cause undue prejudice to the applicant.

Subdivision 2
Application in Foreclosure Action

Notice of application in foreclosure action

6.5(1)  In a foreclosure action, notice of every application made by the plaintiff must be served on each person who filed and served on the plaintiff a statement of defence, a demand for notice or a notice of address for service.

(2)  A defendant or subsequent encumbrancer who is not required to be served under subrule (1) must be served with notice of an application in a foreclosure action if the application is for one or more of the following:

                                 (a)    a redemption order;

                                 (b)    an order that secured property be offered for sale;

                                 (c)    an order confirming sale to the plaintiff or other person;

                                 (d)    an order for possession, but not a preservation order;

                                 (e)    an order appointing a receiver and manager;

                                  (f)    a foreclosure order.

(3)  A defendant who is not required to be served under subrule (1) must be served with notice of an application in a foreclosure action if the application is for personal judgment against that defendant.

(4)  A person who is not required to be served under subrule (1) must be served with notice of an application in a foreclosure action for an order for possession if the plaintiff seeks possession of secured property from that person.

(5)  An offeror or tenderer who is not required to be served under subrule (1) must be served with notice of an application in a foreclosure action if one or more offers or tenders have been made on secured property and the application is for one or more of the following:

                                 (a)    an order confirming sale to the plaintiff or another person;

                                 (b)    an order for possession, but not a preservation order;

                                 (c)    an order appointing a receiver and manager;

                                 (d)    a foreclosure order.

Subdivision 3
Responses, Replies and Decisions on Applications

Response and reply to application

6.6(1)  If the respondent to an application intends to rely on an affidavit or other evidence when the application is heard or considered, the respondent must reply by serving on the applicant a copy of the affidavit or other evidence a reasonable time before the application is to be heard or considered.

(2)  The applicant may respond by affidavit or other evidence to the respondent’s affidavit or other evidence but must

                                 (a)    serve the affidavit or other evidence on the respondent a reasonable time before the application is to be heard, and

                                 (b)    limit the response to replying to the respondent’s affidavit or other evidence.

(3)  If either the respondent or applicant does not give the other reasonable notice, the Court may impose costs on the party who did not give reasonable notice, and the party who did not give reasonable notice is not entitled to rely on that party’s affidavit or other evidence unless the Court otherwise permits.

Questioning on affidavit in support, response and reply to application

6.7   A person who makes an affidavit in support of an application or in response or reply to an application may be questioned, under oath, on the affidavit by a person adverse in interest on the application, and

                                 (a)    rules 6.16 to 6.20 apply for the purposes of this rule, and

                                 (b)    the transcript of the questioning must be filed by the questioning party.

Questioning witness before hearing

6.8   A person may be questioned under oath as a witness for the purpose of obtaining a transcript of that person’s evidence for use at the hearing of the application, and

                                 (a)    rules 6.16 to 6.20 apply for the purposes of this rule, and

                                 (b)    the transcript of the questioning must be filed by the questioning party.

How the Court considers applications

6.9(1)  The Court may consider a filed application in one or more of the following ways:

                                 (a)    in person, with one, some or all of the parties present;

                                 (b)    by means of an electronic hearing if an electronic hearing is permitted under rule 6.10;

                                 (c)    by a process involving documents only.

(2)  Applications may be decided by a judge or master.

Electronic hearing

6.10(1)  In this rule, “electronic hearing” means an application, proceeding, summary trial or trial conducted, in whole or in part, by electronic means in which all the participants in a hearing and the Court can hear each other, whether or not all or some of the participants and the Court can see each other or are in each other’s presence.

(2)  An electronic hearing may be held if

                                 (a)    the parties agree and the Court so permits, or

                                 (b)    on application, the Court orders an electronic hearing.

(3)  The Court may

                                 (a)    direct that an application for an electronic hearing be heard by electronic hearing,

                                 (b)    direct that an application, a summary trial or a trial be heard in whole or in part by electronic hearing,

                                 (c)    give directions about arrangements for the electronic hearing or delegate that responsibility to another person,

                                 (d)    give directions about the distribution of documents and the practice and procedure at the electronic hearing, or

                                 (e)    order that an electronic hearing be completed in person.

(4)  The court clerk must participate in an electronic hearing unless the Court otherwise directs.

Evidence at application hearings

6.11(1)  When making a decision about an application the Court may consider only the following evidence:

                                 (a)    affidavit evidence, including an affidavit by an expert;

                                 (b)    a transcript of questioning under this Part;

                                 (c)    the written or oral answers, or both, to questions under Part 5 that may be used under rule 5.31;

                                 (d)    an admissible record disclosed in an affidavit of records under rule 5.6;

                                 (e)    anything permitted by any other rule or by an enactment;

                                  (f)    evidence taken in any other action, but only if the party proposing to submit the evidence gives every other party written notice of that party’s intention 5 days or more before the application is scheduled to be heard or considered and obtains the Court’s permission to submit the evidence;

                                 (g)    with the Court’s permission, oral evidence, which, if permitted, must be given in the same manner as at trial.

(2)  An affidavit or other evidence that is used or referred to at a hearing and that has not previously been filed in the action must be filed as soon as practicable after the hearing.

If person does not get notice of application

6.12   If it appears to the Court at the time an application is heard that a person who should have been served with notice of the application was not served, the Court may

                                 (a)    dismiss the application,

                                 (b)    adjourn the hearing for notice to be served, or

                                 (c)    if the Court considers it appropriate to do so, hear and decide the application.

Recording hearings when only one party present

6.13   Unless the Court otherwise orders, a hearing of an application in which only one party makes a personal appearance must be recorded word for word by a method that is capable of providing a written transcript.

Subdivision 4
Appeal from Master’s Judgment or Order

Appeal from master’s judgment or order

6.14(1)  If a master makes a judgment or order, the applicant or respondent to the application may appeal the judgment or order to a judge.

(2)  A notice of appeal in Form 28 must be filed and served within 10 days and returnable within a reasonable time, not exceeding 2 months, after the judgment or order is entered and served.

(3)  An appeal from a master’s judgment or order is an appeal on the record of proceedings before the master and, if the judge permits, may also be based on new evidence that is significant enough that it could have affected the master’s decision.

(4)  The record of proceedings is

                                 (a)    the application before the master,

                                 (b)    affidavits and other evidence filed by the parties respecting the application before the master,

                                 (c)    any transcript of proceedings before the master, unless the Court dispenses with this requirement, and

                                 (d)    the master’s judgment or order and any written reasons given for the decision.

(5)  The appellant must file and serve on the respondent to the appeal, one month or more before the return date scheduled for hearing the appeal,

                                 (a)    the transcript of proceedings described in subrule (4)(c) or, if the transcript is not available at the time of filing, confirmation that the transcript has been ordered, unless the Court dispenses with the requirement for a transcript under subrule (4)(c),

                                 (b)    any new evidence sought to be relied on, subject to the limitation described in subrule (3), and

                                 (c)    any further written argument.

(6)  The respondent to the appeal must file and, within 10 days after service of the record of proceedings, serve on the appellant

                                 (a)    any further written argument the respondent wishes to make, and

                                 (b)    any new evidence sought to be relied on, subject to the limitation described in subrule (3).

(7)  A party may rely on its original written argument, if any, that was before the master or any further argument filed under subrule (5)(c) or (6)(a), or both the original argument and the further argument.

Subdivision 5
Procedure for Questioning

Appointment for questioning under this Part

6.15   If a party is entitled to question a person under this Part, that party may do so by serving on the person a notice of appointment for questioning in Form 29, and rules 6.16 to 6.20 apply.

Contents of notice of appointment

6.16(1)  A notice of appointment for questioning must

                                 (a)    specify a reasonable date, time and place for the appointment for questioning,

                                 (b)    describe any records the person is required to bring to the appointment for questioning, and

                                 (c)    request the person to be questioned to specify any arrangements necessary to accommodate the person’s reasonable needs which, to the extent reasonably possible, must be accommodated.

(2)  The notice of appointment for questioning must be served 5 days or more before the appointment date

                                 (a)    on the person to be questioned, or if a lawyer acts for that person, on the lawyer, and

                                 (b)    on each of the other parties.

(3)  On application, the Court may resolve a dispute over the date, time, place and person to be questioned and any related matters, and the records to be produced at the appointment for questioning.

(4)  The attendance of a person to be questioned and the records to be produced at the appointment for questioning may be required by an order under rule 6.38.

Payment of allowance

6.17(1)  When a notice of appointment for questioning is served, an allowance must be paid by the questioning party to or on behalf of the person to be questioned, unless the Court dispenses with an allowance.

(2)  If an allowance is not paid, the person who is the subject of the notice of appointment for questioning need not attend the appointment unless ordered to do so by the Court.

(3)  The allowance to be paid is

                                 (a)    the amount determined under Schedule B, or

                                 (b)    if there is a dispute over the amount to be paid, the amount ordered by the Court.

Lawyer’s responsibilities

6.18(1)  If a lawyer is served with a notice of appointment for questioning and an allowance is also paid, the lawyer must,

                                 (a)    as soon as practicable, inform the person to be questioned about the appointment, and

                                 (b)    use the allowance only for the purpose for which it is paid.

(2)  If a person to be questioned does not attend the appointment for questioning, the allowance must, unless the parties otherwise agree or the Court otherwise orders, be repaid to the person who paid it by

                                 (a)    the lawyer, or

                                 (b)    if the lawyer paid the allowance to another person, that other person.

Interpreter

6.19(1)  If a person to be questioned will not be able to understand the questions or be able to answer the questions without the aid of an interpreter, the person to be questioned must give reasonable notice of that fact to the party who served the notice of appointment for questioning, and the questioning party must then notify every other party that an interpreter will be present.

(2)  The questioning party must provide an interpreter

                                 (a)    who is impartial and competent, and

                                 (b)    who takes an oath to interpret the questions and answers correctly and honestly.

(3)  The cost of the interpreter must initially be borne by the questioning party.

Form of questioning and transcript

6.20(1)  A person questioned on an affidavit under this Part or a person questioned as a witness for the purpose of obtaining a transcript under this Part for use at a hearing may also be questioned by any other party, and the person questioned may then be questioned again by the questioning party on that person’s answers to the questions of other parties.

(2)  Questioning and questioning again under this rule by parties adverse in interest may take the form of cross-examination.

(3)  The questions and answers must be recorded word for word by a person qualified to do so

                                 (a)    by a method that is capable of producing a written transcript, and

                                 (b)    in a manner agreed on by the parties or directed by the Court.

(4)  The person recording the oral questioning must

                                 (a)    keep in safe custody the recorded questioning,

                                 (b)    if required to do so, honestly and accurately transcribe the recorded questioning and deliver a copy of the transcript, as required, and

                                 (c)    on or attached to any transcript

                                           (i)    state the person’s name,

                                          (ii)    specify the date and place where the questioning occurred, and

                                         (iii)    certify the transcript, or the portion of the questioning transcribed, as complete and accurate.

(5)  The questioning party must

                                 (a)    make necessary arrangements for the questioning to be recorded, and

                                 (b)    file the transcript unless the Court otherwise orders.

(6)  A person is qualified to record and transcribe oral questioning under this Part if the person is

                                 (a)    an official court reporter,

                                 (b)    a person appointed by the Court as an examiner under the Alberta Rules of Court (AR 390/68), or

                                 (c)    a shorthand writer, sworn to record the questioning word for word and to impartially fulfil the duties imposed by subrule (4), who

                                           (i)    is an agent or employee of an official court reporter, or

                                          (ii)    has been approved by the parties.

Division 2
Preserving Evidence and Obtaining Evidence Outside Alberta

Preserving evidence for future use

6.21(1)  The Court may order that a person be questioned, under oath,

                                 (a)    for the purpose of preserving evidence, or

                                 (b)    for any other purpose satisfactory to the Court.

(2)  An order may be made under subrule (1)(a)

                                 (a)    if the person to be questioned is or might be unable to give evidence before the Court because of accident, ill health or disability, or if there is the likelihood that the person might die before being required to give evidence,

                                 (b)    if the person to be questioned is within the Court’s jurisdiction when the application is filed, but will be or might be beyond the Court’s jurisdiction when the person is required to give evidence,

                                 (c)    if, considering the evidence to be given, the expense and inconvenience of bringing the person to give evidence is not warranted, or

                                 (d)    for any other purpose the Court considers appropriate.

Obtaining evidence outside Alberta

6.22(1)  On application, the Court may order the evidence of a person to be taken outside Alberta for the purpose of one or more of the following:

                                 (a)    questioning under rule 5.17;

                                 (b)    an application;

                                 (c)    an originating application;

                                 (d)    trial;

                                 (e)    any other purpose that the Court considers appropriate.

(2)  In making its decision on the application, the Court must consider

                                 (a)    the convenience of the person to be questioned,

                                 (b)    whether the person is or might be unable to give evidence before the Court because of accident, ill health or disability, or if there is the likelihood that the person might die before giving evidence,

                                 (c)    whether the person might be beyond the jurisdiction of the Court when the person is required to give evidence,

                                 (d)    regarding the evidence to be given, and the expense and inconvenience of bringing the person to give evidence,

                                 (e)    whether the witness should give evidence in person, and

                                  (f)    any other sufficient reason for granting or refusing the application.

(3)  The Court may determine

                                 (a)    the date, time and place of the questioning,

                                 (b)    the minimum notice to be given to the person to be questioned of the date, time and place of the questioning,

                                 (c)    the person before whom the questioning is to be conducted,

                                 (d)    the amount of the allowance to be paid to the person to be questioned, and

                                 (e)    any other matter that needs to be resolved about the questioning.

(4)  An order under this rule must be in Form 31, filed and served, and may

                                 (a)    authorize the taking of evidence before a named person,

                                 (b)    give instructions to the person named to take evidence and to have a transcript of the evidence prepared,

                                 (c)    order the production of records applicable to the questioning, and

                                 (d)    authorize a letter of request in Form 30 to be sent to the judicial authority of the jurisdiction in which the person to be questioned is located, requesting the necessary order or document to be issued to require the person to be questioned to attend before the person authorized to take evidence and, if necessary, to produce records.

Duties of person authorized to take evidence

6.23(1)  A person authorized to take evidence under rule 6.22 must, to the extent that it is possible to do so, conduct the questioning in accordance with these rules, the law of evidence of Alberta, and the terms of the authorization unless

                                 (a)    another form of questioning is required by the Court, or

                                 (b)    the law of the place where the questioning is conducted otherwise requires.

(2)  On or attached to the transcript, the person preparing the transcript must

                                 (a)    state the person’s name,

                                 (b)    specify the date and place where the transcript was prepared, and

                                 (c)    certify the transcript as complete and accurate.

(3)  As soon as the transcript of the questioning is prepared and certified as complete and accurate, the person authorized to take evidence must

                                 (a)    return the authorization, together with the original transcript and exhibits, to the court clerk of the judicial centre in which the action is located,

                                 (b)    keep a copy of the transcript and, where practicable, the exhibits, and

                                 (c)    notify the parties who appeared at the questioning that the transcript is complete and has been sent to the court clerk.

Assistance to judicial authorities outside Alberta

6.24   If a judicial authority in another jurisdiction requests or authorizes a request to be made to the Court for the Court’s assistance in obtaining evidence from a person in Alberta for use in a court or other proceeding outside Alberta, the Court may make any order that it considers appropriate, including any one or more of the following:

                                 (a)    requiring a person to attend for questioning, under oath, which may take the form of cross‑examination;

                                 (b)    requiring a person to produce records;

                                 (c)    requiring a transcript of the questioning to be prepared;

                                 (d)    specifying the manner in which questioning is to be conducted.

Division 3
Preserving and Protecting Property or its Value and Inspection of Property

Preserving or protecting property or its value

6.25(1)  On application, the Court may make one or more of the following orders:

                                 (a)    an order for the preservation or custody of property that is in dispute or that may be evidence in an action;

                                 (b)    an order that the amount in dispute or other amount be paid into Court or that security be given to the Court or to a person named by the Court, in a form and manner satisfactory to the Court, including an amount for interest, costs and other expenses;

                                 (c)    an order for the sale of property and payment of the proceeds into Court if the property is perishable, likely to deteriorate or likely to lose its value, or for any other reason should be sold;

                                 (d)    if property is sought to be retained or attached under a lien or otherwise as security for money, an order

                                           (i)    that the person otherwise entitled to possession of the property be given possession,

                                          (ii)    that possession of the property be given to a party pending the outcome of the action on payment of an amount into Court or on security being given to the Court, or

                                         (iii)    that possession be given to a person named by the Court in a form and manner satisfactory to the Court;

                                 (e)    an order to enter land or premises for the purpose of carrying out an order under this rule.

(2)  If the right of a party to a specific fund is in question, the Court may order that the fund be paid into Court or that security be given for it to the Court or to a person named by the Court in a form and manner and in an amount satisfactory to the Court.

Inspection or examination of property

6.26   On application, the Court may make one or more of the following orders:

                                 (a)    an order to inspect property, including an inspection by a judge or jury, or both, at trial, if the inspection is advisable to decide a question in dispute in an action, application or proceeding;

                                 (b)    an order to take samples, make observations or undertake experiments for the purpose of obtaining information or evidence, or both;

                                 (c)    an order to enter land or premises for the purpose of carrying out an order under this rule.

Notice before disposing of anything held by the Court

6.27(1)  On application, the Court may direct that money or other personal property held by the Court not be paid out or disposed of without notice being served on the applicant.

(2)  The applicant must be a person who

                                 (a)    is interested in the money or other personal property held by the Court, or

                                 (b)    is seeking to have the money or personal property applied to satisfy a judgment or order or a writ of enforcement against the person on whose behalf the money or personal property is held.

(3)  The applicant

                                 (a)    must file an affidavit verifying the facts relied on in the application, and

                                 (b)    may make the application without serving notice of the application on any other person.

Division 4
Restriction on Media Reporting and Public Access to Court Proceedings

Application of this Division

6.28   Unless an enactment otherwise provides or the Court otherwise orders, this Division applies to an application for an order

                                 (a)    to ban publication of court proceedings,

                                 (b)    to seal or partially seal a court file,

                                 (c)    permitting a person to give evidence in a way that prevents that person or another person from being identified,

                                 (d)    for a hearing from which the public is excluded, or

                                 (e)    for use of a pseudonym.

Restricted court access applications and orders

6.29   An application under this Division is to be known as a restricted court access application and an order made under this Division is to be known as a restricted court access order.

When restricted court access application may be filed

6.30   A person may file a restricted court access application only if a judge has authority to make a restricted court access order under an enactment or at common law.

Timing of application and service

6.31   An applicant for a restricted court access order must, 5 days or more before the date scheduled for the hearing, trial or proceeding in respect of which the order is sought,

                                 (a)    file the application in Form 32, and

                                 (b)    unless the Court otherwise orders, serve every party and any other person named or described by the Court.

Notice to media

6.32   When a restricted court access application is filed, notice of it, in Form 32, must be served on the court clerk, who must, in accordance with the direction of the Chief Justice, give notice of the application to

                                 (a)    the electronic and print media identified or described by the Chief Justice, and

                                 (b)    any other person named by the Court.

Judge assigned to application

6.33   A restricted court access application must be heard and decided by

                                 (a)    the judge assigned to hear the application, trial or other proceeding in respect of which the restricted court access order is sought,

                                 (b)    if the assigned judge is not available or no judge has been assigned, the case management judge for the action, or

                                 (c)    if there is no judge available to hear the application as set out in clause (a) or (b), the Chief Justice or a judge designated for the purpose by the Chief Justice.

Application to seal or unseal court files

6.34(1)  An application to seal an entire court file or an application to set aside all or any part of an order to seal a court file must be filed.

(2)  The application must be made to

                                 (a)    the Chief Justice, or

                                 (b)    a judge designated to hear applications under subrule (1) by the Chief Justice.

(3)  The Court may direct

                                 (a)    on whom the application must be served and when,

                                 (b)    how the application is to be served, and

                                 (c)    any other matter that the circumstances require.

Persons having standing at application

6.35   The following persons have standing to be heard when a restricted court access application is considered

                                 (a)    a person who was served or given notice of the application;

                                 (b)    any other person recognized by the Court who claims to have an interest in the application, trial or proceeding and whom the Court permits to be heard.

Confidentiality of information

6.36   Information that is the subject of the initial restricted court access application must not be published without the Court’s permission.

Division 5
Facilitating Proceedings

Notice to admit

6.37(1)  A party may, by notice in Form 33, call on any other party to admit for the purposes of an application, originating application, summary trial or trial, either or both of the following:

                                 (a)    any fact stated in the notice, including any fact in respect of a record;

                                 (b)    any written opinion included in or attached to the notice, which must state the facts on which the opinion is based.

(2)  A copy of the notice must be served on each of the other parties.

(3)  Each of the matters for which an admission is requested is presumed to be admitted unless, within 20 days after the date of service of the notice to admit, the party to whom the notice is addressed serves on the party requesting the admission a statement that

                                 (a)    denies the fact or the opinion, or both, for which an admission is requested and sets out in detail the reasons why the fact cannot be admitted or the opinion cannot be admitted, as the case requires, or

                                 (b)    sets out an objection on the ground that some or all of the matters for which admissions are requested are, in whole or in part,

                                           (i)    privileged, or

                                          (ii)    irrelevant, improper or unnecessary.

(4)  A copy of the statement must be served on each of the other parties.

(5)  A denial by a party must fairly meet the substance of the requested admission and, when only some of the facts or opinions for which an admission is requested are denied, the denial must specify the facts or opinions that are admitted and deny only the remainder.

(6)  A party may amend or withdraw an admission or denial made under this rule only

                                 (a)    with the Court’s permission, or

                                 (b)    by agreement of the parties.

(7)  An admission under this rule is made only for the specific purpose for which it is made and may not be used as an admission against the party making it on any other occasion, or in favour of a person other than the person requesting the admission, without the agreement of the party making the admission.

(8)  On application, the Court may set aside a notice to admit.

Requiring attendance for questioning

6.38(1)  On application, the Court may order a person to attend for questioning at a date, time and place specified by the Court, if the person

                                 (a)    is required to be questioned under these rules,

                                 (b)    was served with a notice of appointment for questioning in Form 29 under these rules,

                                 (c)    was provided with an allowance, determined in accordance with Schedule B, if so required by these rules, and

                                 (d)    did not attend the appointment, attended the appointment but refused to answer or fully answer proper questions or did not bring a record required to be brought to the questioning.

(2)  The Court may order the person to be questioned to bring records to the questioning that the person could be required to produce at trial.

Order to produce prisoner

6.39   On application, the Court may order the person having custody of a prisoner to produce that person, at a time and place specified by the Court, for a trial, for hearing, or for questioning authorized by these rules.

Division 6
Resources to Assist the Court

Subdivision 1
Court Experts

Appointment of court expert

6.40(1)  The Court may appoint a person as a court expert to give evidence on a matter.

(2)  The court expert must give independent evidence to the Court.

(3)  If possible, the parties must agree on the court expert to be appointed under subrule (1).

(4)  The appointment of a court expert does not affect the right of a party to call the party’s own expert as a witness.

(5)  If the court expert is a health care professional, the court expert has all the authority and responsibility conferred on a health care professional by these rules.

Instructions or questions to court expert

6.41(1)  If the parties do not agree on the directions or instructions to be given or questions to be put to a court expert, the Court may decide what directions or instructions are to be given or questions are to be put to the court expert.

(2)  The Court may give any direction or instruction or pose any question to the court expert that the Court considers necessary, whether the parties agree or not.

(3)  The court expert’s report

                                 (a)    must be in writing, verified by affidavit,

                                 (b)    must be served on the parties by the court clerk, and

                                 (c)    is admissible in evidence.

Application to question court expert

6.42(1)  Within 20 days after receipt of a copy of the court expert’s report, a party may apply to the Court to question the court expert on the report.

(2)  The Court may order the questioning of the court expert before or at a hearing of an application or originating application or before or at trial.

(3)  The questioning may take the form of cross-examination.

Costs of court expert

6.43   The costs of a court expert are to be paid by the parties in equal proportions unless the Court otherwise orders.

Subdivision 2
Referees

Persons who are referees

6.44   The following are referees for the purposes of these rules:

                                 (a)    a master;

                                 (b)    a court clerk;

                                 (c)    a person appointed as a referee by the Lieutenant Governor in Council;

                                 (d)    a person appointed as a referee by the Court with the agreement of all parties.

References to referee

6.45(1)  The Court may refer a question or matter to a referee or order an inquiry to be conducted or an account to be taken by a referee.

(2)  Subject to an order of the Court, the referee may do all or any of the following:

                                 (a)    hold an inquiry at, or adjourn the inquiry to, any convenient time and place;

                                 (b)    inspect and verify records;

                                 (c)    inspect, examine or take a view of property;

                                 (d)    conduct an accounting or verify accounts;

                                 (e)    make any determination required;

                                  (f)    do anything else required to answer a question or respond to a matter in accordance with the reference or order.

(3)  The Court may

                                 (a)    give any directions for the conduct of the matter it considers necessary, and

                                 (b)    prescribe the fees and expenses to be paid to the referee, if any, and who is to pay them.

(4)  Proceedings before a referee, as nearly as circumstances allow, are to be conducted in the same way proceedings are conducted before a Court.

Referee’s report

6.46(1)  The referee must make a report to the Court on the question or matter referred to the referee, and a copy of the report must be filed and served on the parties to the question or matter.

(2)  After the referee’s report has been served, a party may apply to the Court for an order

                                 (a)    adopting the referee’s report in whole or in part;

                                 (b)    varying the report;

                                 (c)    requiring an explanation from the referee;

                                 (d)    remitting the whole or part of the question or matter referred to the referee for further consideration by the referee or by any other referee;

                                 (e)    deciding the question or matter referred to the referee on the evidence taken before the referee either with or without additional evidence.

(3)  Notice of the application must be served on every party to the question or matter referred to the referee 10 days or more before the application is scheduled to be heard.

Division 7
Court-appointed Receiver

Court-appointed receiver

6.47   If a Court appoints a receiver other than under an enactment, the Court may, in addition to a procedural order,

                                 (a)    prescribe the compensation payable to the receiver and who is to pay it;

                                 (b)    require the receiver to provide security;

                                 (c)    require the receiver to file financial accounts and reports with the court clerk at the times and subject to the scrutiny ordered by the Court;

                                 (d)    order payment to or disallow all or part of a payment to the receiver;

                                 (e)    order a hearing to be held with respect to any matter for which the receiver was appointed or is responsible;

                                  (f)    make any other order or direction that the circumstances require.

Division 8
Replevin

Application of this Division

6.48   This Division applies to an application in an action

                                 (a)    for the recovery of personal property in which the applicant claims that the property was unlawfully taken or is unlawfully detained, and

                                 (b)    in which the applicant seeks to repossess the personal property in issue immediately, pending determination of the action described in clause (a).

Application for replevin order

6.49(1)  A party may apply to the Court for a replevin order without serving notice of the application on any other party unless the Court otherwise orders.

(2)  The application for a replevin order must include in the application an undertaking

                                 (a)    to conclude the action for recovery of the personal property without delay,

                                 (b)    to return the personal property to the respondent if ordered to do so, and

                                 (c)    to pay damages, costs and expenses sustained by the respondent as a result of the replevin order if the applicant is not successful in the action for recovery of the personal property and the Court so orders.

(3)  The application for a replevin order must be supported by an affidavit that

                                 (a)    sets out the facts respecting the wrongful taking or detention of the personal property,

                                 (b)    contains a clear and specific description of the personal property and its value, and

                                 (c)    describes the applicant’s ownership or entitlement to lawful possession of the personal property.

Replevin order

6.50(1)  A replevin order must

                                 (a)    include a clear and specific description of the personal property to be repossessed,

                                 (b)    impose on the applicant the following duties:

                                           (i)    to conclude the action for recovery of the personal property without delay, and

                                          (ii)    to return the personal property to the respondent if ordered to do so,

                                 (c)    include a requirement to pay damages, costs and expenses sustained by the respondent as a result of the replevin order if the applicant is not successful in the action for recovery of the personal property and if the Court so orders, and

                                 (d)    require the applicant to provide, to the person from whom the personal property is to be repossessed, security in a form satisfactory to the Court, which may include, without limitation, a bond, a letter of undertaking or payment into Court.

(2)  A replevin order may also include either or both of the following:

                                 (a)    an order to a civil enforcement agency to make a report on its enforcement or attempted enforcement of the replevin order;

                                 (b)    the value of the personal property.

(3)  If the replevin order is made without notice to the respondent, the Court must specify a date, not more than 20 days after the date the order is granted, on which the order will expire.

(4)  The applicant must file an affidavit or other evidence that the order requiring security has been complied with.

(5)  The replevin order is not effective until the affidavit or evidence of the security has been filed and the affidavit or evidence has been served on

                                 (a)    the respondent, and

                                 (b)    a civil enforcement agency.

Enforcement of replevin order

6.51(1)  Only a civil enforcement agency has authority to enforce a replevin order.

(2)  A civil enforcement agency must take possession of personal property that is the subject of the replevin order in accordance with the order and, as soon as practicable, must serve notice on the applicant.

(3)  Unless the Court otherwise orders, if an order for possession of the personal property to be given to the applicant is not made within one month after the civil enforcement agency serves notice of taking possession of it, the civil enforcement agency must return the personal property to the respondent.

Respondent may apply for remedy

6.52   If the respondent did not receive notice of the application for a replevin order, or in any other circumstance with the Court’s prior permission, the respondent may apply to the Court for an order

                                 (a)    to discharge or amend the replevin order,

                                 (b)    to stay the application for a replevin order,

                                 (c)    to return, keep safe or sell the personal property or any part of it, or

                                 (d)    for any other remedy relating to the personal property.

Expiry of replevin order

6.53   A replevin order

                                 (a)    obtained without notice to the respondent, expires in accordance with its terms unless it is extended by the Court, or

                                 (b)    obtained after notice of the application for the replevin order was served on the respondent, expires on the earlier of

                                           (i)    the dismissal of the action, and

                                          (ii)    2 months after the date on which judgment in favour of the applicant is entered.

Division 9
Interpleader

Definitions

6.54   In this Division,

                                 (a)    “applicant” means an originating applicant or applicant for an interpleader order, as the context requires;

                                 (b)    “application for an interpleader order” means an application filed under rule 6.56, whether an originating application or an application;

                                 (c)    “claimant” means a person who files or is expected to file an adverse claim against personal property;

                                 (d)    “instructing creditor” has the same meaning as it has in the Civil Enforcement Act;

                                 (e)    “personal property” includes a debt;

                                  (f)    “related writ” has the same meaning as it has in the Civil Enforcement Act;

                                 (g)    “writ proceedings” has the same meaning as it has in the Civil Enforcement Act.

Nature of application for interpleader order

6.55(1)  An application for an interpleader order must be filed

                                 (a)    as an originating application if the applicant is not a party to an action respecting the personal property that is the subject of the application, or

                                 (b)    as an application if the applicant is a party to an action respecting the personal property.

(2)  An application for an interpleader order or an application to determine the rights of the various claimants may be filed under rule 6.56 and an order may be made even if the respondent to the application has provided security or an indemnity to the applicant.

Application for interpleader order

6.56(1)  A person may apply to the Court for an interpleader order in respect of personal property if

                                 (a)    2 or more claimants have filed or are expected to file adverse claims in respect of the personal property, and

                                 (b)    the applicant

                                           (i)    claims no beneficial interest in the personal property, other than a lien for costs, fees or expenses, and

                                          (ii)    is willing to deposit the personal property with the Court or dispose of it as the Court orders.

(2)  An application for an interpleader order in Form 34 must be filed and served on all the claimants and must direct those claimants to

                                 (a)    appear before the Court, and

                                 (b)    state the nature and particulars of their claim.

(3)  The applicant must file an affidavit in support of the application.

Interpleader applicant not disentitled

6.57   An applicant for an interpleader order is not disentitled to a remedy solely because the titles of the claimants to personal property do not have a common origin but are adverse to and independent of one another.

Interpleader order

6.58(1)  On hearing an application for an interpleader order the Court may do any one or more of the following:

                                 (a)    determine, summarily or otherwise, any issue;

                                 (b)    direct a trial of an issue specifying

                                           (i)    which party will be plaintiff or applicant and which party will be defendant or respondent, and

                                          (ii)    the pleadings, affidavits or documents to be filed;

                                 (c)    declare any party to be owner of the personal property;

                                 (d)    direct or otherwise provide for the satisfaction or payment of a lien or charges of the applicant;

                                 (e)    make a procedural order or any other order that the Court considers appropriate in the circumstances, including

                                           (i)    giving directions to the applicant,

                                          (ii)    a declaration as to the liability of a person, and

                                         (iii)    a release or extinguishment of liability of a person.

(2)  If a claimant

                                 (a)    does not appear at the hearing of the application after having been served with a notice to attend, or

                                 (b)    having appeared, does not comply with an order,

the Court may make an order declaring the claimant and all persons claiming under the claimant to be barred from taking further interpleader proceedings as against the plaintiff or applicant and as against all persons claiming under the plaintiff or applicant.

(3)  An order under subrule (2) does not affect the rights of claimants as between themselves.

Civil enforcement agency application

6.59(1)  If a civil enforcement agency or other person charged with carrying out writ proceedings or acting under the Court’s authority receives from one or more persons a claim, other than an objection under the Civil Enforcement Act, with respect to personal property under seizure pursuant to the Civil Enforcement Act, the civil enforcement agency or that other interested person may apply to the Court for an interpleader order.

(2)  If a civil enforcement agency receives a claim for which the civil enforcement agency may apply for an interpleader order, instead of initially proceeding under subrule (1), the civil enforcement agency may do the following:

                                 (a)    the civil enforcement agency may by written notice in Form 35 served on the instructing creditor direct the instructing creditor to apply to the Court to determine the rights of the various claimants;

                                 (b)    if an instructing creditor on whom a written notice is served under clause (a) fails to apply to the Court in accordance with the notice, the civil enforcement agency may by written notice served on the holders of related writs direct the holders of the related writs to apply to the Court for an order determining the rights of the various claimants;

                                 (c)    if neither the instructing creditor nor the holder of a related writ on whom a notice is served under this subrule obtains an order determining the rights of the various claimants, the civil enforcement agency may

                                           (i)    apply under subrule (1) for an interpleader order, or

                                          (ii)    release the personal property from seizure.

(3)  If the civil enforcement agency gives a direction under subrule (2), an instructing creditor or a holder of a related writ, as the case may be, may apply to the Court for an interpleader order.

Several claims combined

6.60   If a civil enforcement agency or other person charged with carrying out writ proceedings or acting under the Court’s authority intends to make an application for an interpleader order in respect of personal property against which there is more than one claim, the civil enforcement agency or that other person must, unless the Court otherwise orders,

                                 (a)    make only one application for an interpleader order in respect of all the claims, and

                                 (b)    join all the judgment creditors as parties to the application for the interpleader order.

Enforcement from different courts

6.61   If there are writs arising out of judgments or orders from more than one court against the same personal property, whether on behalf of the same or different plaintiffs or applicants,

                                 (a)    any application for an interpleader order must be filed, and

                                 (b)    the Court, after the applications are made, must dispose of the whole matter as if all of the writs against the personal property had been issued from the Court.

Claim by third person

6.62   If a third person who is neither a judgment debtor nor a judgment creditor of a judgment debtor makes a claim to personal property that is seized by a civil enforcement agency under civil enforcement proceedings, the third person must serve on the civil enforcement agency a written notice setting out

                                 (a)    the claim made by the third person, and

                                 (b)    an address for service of the third person.

Notice by civil enforcement agency

6.63(1)  On being served with notice of a claim under rule 6.62, a civil enforcement agency must immediately serve written notice of the claim on the person who instructed that civil enforcement proceedings be taken and on all other holders of related writs.

(2)  If a person on whom notice of a claim is served under subrule (1) wishes to

                                 (a)    dispute the claim, or

                                 (b)    assert priority over the claim,

that person must, within 20 days after service of the notice of the claim, serve on the civil enforcement agency a written notice disputing the claim or asserting priority over it.

(3)  A person on whom notice of a claim is served under subrule (1) may serve on the civil enforcement agency a written notice stating that the person admits or does not dispute the claim.

(4)  Despite subrule (3), a person on whom notice of a claim is served under subrule (1) is presumed to admit the claim if that person does not, within 20 days after service of the notice, serve on the civil enforcement agency a written notice disputing the claim.

(5)  If a civil enforcement agency has served notice of a claim under subrule (1) and is satisfied that none of the persons on whom the notice is served is disputing the claim, the civil enforcement agency may release from seizure the personal property in respect of which the claim was made.

(6)  If the person who instructed that the proceedings be taken does not dispute the claim but another person on whom notice of a claim is served under subrule (1) does dispute the claim, that other person may instruct the civil enforcement agency to continue seizure of the personal property.

(7)  On receiving instructions from another person under subrule (6) to continue a seizure, the civil enforcement agency must continue the seizure if that other person pays the appropriate fees, if any, and meets any other conditions that a civil enforcement agency may impose on a person who is an instructing creditor.

Security interest

6.64   If a person claims to have a security interest in personal property that has been seized under civil enforcement proceedings, the Court may

                                 (a)    order that the personal property be sold and the proceeds of the sale be applied to discharge the amount due to the claimant if the sale and application of the proceeds of the sale are not disputed,

                                 (b)    order that sufficient money to answer the claim be paid into Court pending disposition of the claim, or

                                 (c)    make any other order that the Court considers appropriate.

Expeditious sale

6.65   At any time during an application for an interpleader order the Court, on application, may order that

                                 (a)    a civil enforcement agency expeditiously sell or dispose of personal property if the Court considers it appropriate to do so, and

                                 (b)    the proceeds of the sale or disposal of the personal property, less any reasonable costs of the sale or disposal, take the place of the personal property that was sold or disposed of.

Part 7
Resolving Claims Without Full Trial

Division 1
Trial of Particular Questions or Issues

Application to resolve particular questions or issues

7.1(1)  On application, the Court may

                                 (a)    order a question or an issue to be heard or tried before, at or after a trial for the purpose of

                                           (i)    disposing of all or part of a claim,

                                          (ii)    substantially shortening a trial, or

                                         (iii)    saving expense,

                                 (b)    in the order or in a subsequent order

                                           (i)    define the question or issue, or

                                          (ii)    in the case of a question of law, approve or modify the issue agreed by the parties,

                                 (c)    stay any other application or proceeding until the question or issue has been decided, or

                                 (d)    direct that different questions of fact in an action be tried by different modes.

(2)  If the question is a question of law, the parties may agree

                                 (a)    on the question of law for the Court to decide,

                                 (b)    on the remedy resulting from the Court’s opinion on the question of law, or

                                 (c)    on the facts or that the facts are not in issue.

(3)  If the Court is satisfied that its determination of a question or issue substantially disposes of a claim or makes the trial of the issue unnecessary, it may

                                 (a)    strike out a claim or order a commencement document or pleading to be amended,

                                 (b)    give judgment on all or part of a claim and make any order it considers necessary,

                                 (c)    make a determination on a question of law, or

                                 (d)    make a finding of fact.

(4)  Part 5, Division 2 applies to an application under this rule unless the parties otherwise agree or the Court otherwise orders.

Division 2
Summary Judgment

Application for judgment

7.2   On application, the Court may at any time in an action give judgment or an order to which an applicant is entitled when

                                 (a)    admissions of fact are made in a pleading or otherwise, or

                                 (b)    the only evidence consists of records and an affidavit is sufficient to prove the authenticity of the records in which the evidence is contained.

Application and decision

7.3(1)  A party may apply to the Court for summary judgment in respect of all or part of a claim on one or more of the following grounds:

                                 (a)    there is no defence to a claim or part of it;

                                 (b)    there is no merit to a claim or part of it;

                                 (c)    the only real issue is the amount to be awarded.

(2)  The application must be supported by an affidavit swearing positively that one or more of the grounds described in subrule (1) have been met or by other evidence to the effect that the grounds have been met.

(3)  If the application is successful the Court may, with respect to all or part of a claim, and whether or not the claim is for a single and undivided debt, do one or more of the following:

                                 (a)    dismiss one or more claims in the action or give judgment for or in respect of all or part of the claim or for a lesser amount;

                                 (b)    if the only real issue to be tried is the amount of the award, determine the amount or refer the amount for determination by a referee;

                                 (c)    if judgment is given for part of a claim, refer the balance of the claim to trial or for determination by a referee, as the circumstances require.

Proceedings after summary judgment against party

7.4   If summary judgment is given against one or more defendants or plaintiffs, the action may be continued by or with respect to any plaintiff or defendant not bound by the judgment.

Division 3
Summary Trials

Application for judgment by way of summary trial

7.5(1)  A party may apply to a judge for judgment by way of a summary trial on an issue, a question, or generally.

(2)  The application must

                                 (a)    be in Form 36,

                                 (b)    specify the issue or question to be determined, or that the claim as a whole is to be determined,

                                 (c)    include reasons why the matter is suitable for determination by way of summary trial,

                                 (d)    be accompanied with an affidavit or any other evidence to be relied on, and

                                 (e)    specify a date for the hearing of the summary trial scheduled by the court clerk, which must be one month or longer after service of notice of the application on the respondent.

(3)  The applicant may not file anything else for the purposes of the application except

                                 (a)    to adduce evidence that would, at trial, be admitted as rebuttal evidence, or

                                 (b)    with the Court’s permission.

Response to application

7.6   The respondent to an application for judgment by way of a summary trial must, 10 days or more before the date scheduled for the hearing of the application, file and serve on the applicant any affidavit or other evidence on which the respondent intends to rely at the hearing of the application.

Application of other rules

7.7(1)  Part 5, Division 2 applies to an application under this Division unless the parties otherwise agree or the Court otherwise orders.

(2)  Part 6 applies to an application under this Division except to the extent that it is modified by this Division.

Objection to application for judgment by way of summary trial

7.8(1)  The respondent to an application for judgment by way of a summary trial may object to the application at or before the hearing of the application on either or both of the following grounds:

                                 (a)    the issue or question raised in the claim, or the claim generally, is not suitable for a summary trial;

                                 (b)    a summary trial will not facilitate resolution of the claim or any part of it.

(2)  Notice of the objection and anything on which the objector intends to rely must be filed and served on the applicant 5 days or more before the objection is scheduled to be heard.

(3)  The Court must dismiss the objection if, in the Court’s opinion,

                                 (a)    the issue or question raised in the claim, or the claim generally, is suitable for a summary trial, and

                                 (b)    the summary trial will facilitate resolution of the claim or a part of it.

Decision after summary trial

7.9(1)  After a summary trial, the judge may

                                 (a)    dismiss the application for judgment, or

                                 (b)    grant the application and give judgment in favour of a party, either on an issue or generally.

(2)  Judgment must be granted after a summary trial unless

                                 (a)    the application is dismissed,

                                 (b)    on the evidence before the judge, the judge is unable to find the facts necessary to decide the issues of fact or law, or

                                 (c)    the judge is of the opinion that it would be unjust to decide the issues on the basis of the summary trial.

Judge remains seized of action

7.10   A judge who has heard an application for judgment by way of a summary trial may remain seized of the action.

Order for trial

7.11   A judge, at any stage of a summary trial application, may

                                 (a)    order the trial of the action generally or on a question or issue and give directions with respect to preparation for trial and a trial date, or

                                 (b)    give any procedural order that the circumstances require.

Part 8
Trial

Division 1
Mode of Trial

Trial without jury

8.1   Unless the Chief Justice directs that the mode of trial be by jury, or in part by jury and in part by judge alone, the trial must be by judge alone.

Request for jury trial

8.2(1)  An application for a jury trial under section 17 of the Jury Act must be made

                                 (a)    by written request to the Chief Justice, and

                                 (b)    before an application is made to the court clerk or a judge to set a trial date.

(2)  The request for a jury trial must be accompanied with an affidavit that addresses the following issues to the extent that they are applicable:

                                 (a)    whether expert evidence will be called, and if so, how many experts are expected to be called;

                                 (b)    the areas of knowledge or experience on which the experts will give evidence;

                                 (c)    whether interpreters will be required;

                                 (d)    the number of court days required for the trial if a jury trial is ordered.

(3)  The Chief Justice may fix a time for the hearing of an application for a jury trial and may make any directions as to the filing of materials as the Chief Justice considers appropriate.

(4)  If the Chief Justice grants an order directing that a trial be by jury, the order may be with or without conditions and must set the number of days to be initially reserved for the jury trial.

(5)  Within one month after an order is granted directing that a trial be by jury, the parties must apply to the Chief Justice for appointment of a case management judge.

Deposit for jury

8.3(1)  When the Chief Justice grants an order directing that a trial be by jury, the party who made the request must, unless otherwise ordered, within 10 days after the date the order was granted, deposit with the court clerk a sum of money that the court clerk considers sufficient to pay the jury’s expenses, and if that sum is later determined to be insufficient, on notice from the court clerk, pay any further sum that the court clerk determines in accordance with the Jury Act Regulation (AR 68/83).

(2)  Any money remaining after the court clerk pays the jury’s expenses must be returned to the person who paid it.

(3)  If the deposit for jury expenses is not paid, the trial must proceed without a jury unless the Chief Justice otherwise orders.

Division 2
Scheduling of Trial Dates

Trial date:  scheduled by court clerk

8.4(1)  The parties may, in Form 37, request the court clerk to schedule a date for trial.

(2)  The request must contain at least the following information unless otherwise directed by the Court:

                                 (a)    the anticipated number of witnesses, including the number of expert witnesses;

                                 (b)    the anticipated length of trial;

                                 (c)    a copy of the pleadings and particulars, if any, for the judge’s use at trial;

                                 (d)    if applicable, the order directing that the trial be by jury;

                                 (e)    the certifications required by subrule (3);

                                  (f)    any administrative requirements for the trial;

                                 (g)    any potential conflict of interest a judge may have and the reasons for it.

(3)  In addition to the requirements of subrule (2), the parties requesting a trial date must

                                 (a)    provide

                                           (i)    a certificate that the parties have participated in at least one of the dispute resolution processes described in rule 4.16(1), or

                                          (ii)    a copy of an order made under 4.16(2) waiving the dispute resolution process requirement,

                                 (b)    certify that questioning under Part 5 is complete,

                                 (c)    certify that any expert reports have been exchanged and the process described in Part 5, Division 2, including questioning of experts, is complete,

                                 (d)    certify that any medical examination and report under Part 5, Division 3 is complete,

                                 (e)    certify that any undertaking given by a person questioned under Part 5 has been discharged,

                                  (f)    certify that they will be ready for trial by a specified date,

                                 (g)    in the case of a jury trial, certify that the deposit required under rule 8.3 has been paid,

                                 (h)    certify that all amendments to pleadings have been filed and served, and

                                  (i)    certify that all applications related to the action have been disposed of and no other pre-trial steps are required.

(4)  If the court clerk is satisfied that subrules (2) and (3) have been complied with, the court clerk must schedule a trial date.

(5)  If the parties cannot certify as to the matters referred to in subrule (3) but are satisfied that the matter will be completed or undertaking discharged in a timely way, the parties must so disclose and may request the court clerk to schedule a trial date.

(6)  If the court clerk is satisfied that the parties will or are likely to be ready by the proposed trial date, the court clerk may schedule a trial date, but if the court clerk is in doubt about any matter, the court clerk must refer the matter to a judge for directions or decision.

Trial date:  scheduled by the Court

8.5(1)  On application by a party in Form 38, the Court may set a trial date or direct the court clerk to do so if

                                 (a)    the Court

                                           (i)    is satisfied that the parties have participated in at least one of the dispute resolution processes described in rule 4.16(1),

                                          (ii)    has granted an order under rule 4.16(2) waiving the dispute resolution process requirement, or

                                         (iii)    grants an order under rule 4.16(2) in the course of an application under this rule,

                                 (b)    the Court has all the information described in rule 8.4(2) except the certifications referred to in rule 8.4(2)(e),

                                 (c)    with respect to the certification of matters referred to in rule 8.4(3), the Court

                                           (i)    receives the necessary certifications,

                                          (ii)    has sufficient information to schedule a trial date without one or more certifications, or

                                         (iii)    gives directions as required and is satisfied that a trial date should be set,

                                     and

                                 (d)    the Court is satisfied that the parties will or are likely to be ready for trial by the proposed trial date.

(2)  The Court may make any procedural order to expedite or facilitate the activities necessary to meet or to obtain a trial date.

Notice of trial date

8.6(1)  When the court clerk or the Court sets a trial date, the court clerk must give notice to every party of the date, place and duration set for the trial.

(2)  A trial for which a trial date has been scheduled may not be adjourned or abandoned unless

                                 (a)    a notice of discontinuance of the action has been filed,

                                 (b)    a memorandum of settlement of the action, signed by the parties, has been filed, or

                                 (c)    the Court permits.

(3)  A trial date and the period of time scheduled for the trial may be changed only with the Court’s permission.

(4)  Subrules (2) and (3) apply whether or not the parties consent to an adjournment or to a change in the duration of the trial.

Confirmation of trial date

8.7(1)  Three months or more before the scheduled trial date, each party must

                                 (a)    confirm to the Court, in Form 39, that the party will be ready to proceed with the trial on the scheduled trial date, and

                                 (b)    verify or modify the estimated number of witnesses and the estimated duration of the trial.

(2)  If a party proposes an increase in the period of time for the trial, the court clerk may confirm the original trial dates or schedule a new date to accommodate the increased period of time required.

(3)  If only one party confirms trial readiness, the scheduled date for the trial remains unless the Court otherwise orders.

(4)  If no party confirms trial readiness, the trial date is cancelled.

Division 3
Attendance of Witnesses at Trial

Notice to attend as witness at trial

8.8(1)  A party may serve notice in Form 40 on any person, including a party, to attend and give evidence at trial.

(2)  If a person served with notice to attend is represented by a lawyer, the notice must also be served on the lawyer.

(3)  The notice to attend must be served 20 days or more before the trial date and

                                 (a)    must state the date, time and place and the period during which the person must attend, and

                                 (b)    may require the person to bring any records that the person could be required to produce at trial.

(4)  The notice to attend must be served in accordance with a method of service for commencement documents described in Part 11.

(5)  Unless these rules otherwise require or the Court otherwise orders, the notice to attend must be accompanied with an allowance determined in accordance with Schedule B or the allowance must be delivered to the person required to attend, or to a representative of the person, 10 days or more before the trial date.

Requiring attendance of witnesses

8.9(1)  The Court may order a person to attend trial as a witness, or direct a peace officer to apprehend a person anywhere in Alberta, if the Court is satisfied that

                                 (a)    proper service of the notice to attend and payment of an allowance, both of which may be proved by an affidavit, were effected in compliance with rule 8.8,

                                 (b)    the person did not attend or remain in attendance at the trial in accordance with the notice, and

                                 (c)    the presence of the person is necessary.

(2)  The Court may order one or more of the following:

                                 (a)    that the person be brought immediately, or at a time specified, before the Court or before a person named by the Court;

                                 (b)    that the person bring records described in the order that the person could be required to produce at trial;

                                 (c)    that the person be detained in custody in accordance with the order until the presence of the person is no longer required;

                                 (d)    that the person be released for a specified purpose on a recognizance, with or without sureties, on condition that the person appear as ordered;

                                 (e)    anything else necessary to ensure the attendance of the person and production of the records ordered to be produced.

Division 4
Procedure at Trial

Order of presentation

8.10(1)  Unless the Court directs otherwise, the order of presentation at a trial is as follows:

                                 (a)    the plaintiff may make one opening statement and, subject to clause (b), must then adduce evidence;

                                 (b)    the defendant may make one opening statement either immediately after the plaintiff’s opening statement and before the plaintiff adduces evidence or at the conclusion of the plaintiff’s evidence;

                                 (c)    when the plaintiff’s evidence is concluded, the defendant may make an opening statement if the defendant has not already done so immediately after the plaintiff’s opening statement, and the defendant must then adduce evidence, if any;

                                 (d)    when the defendant’s evidence is concluded, the plaintiff may adduce evidence, if any, to rebut the defendant’s evidence;

                                 (e)    when the defendant’s evidence and the plaintiff’s rebuttal evidence, if any, are concluded, the plaintiff may make a closing statement, followed by the defendant’s closing statement, after which the plaintiff may reply;

                                  (f)    if the defendant adduces no evidence after the conclusion of the plaintiff’s evidence, the plaintiff may make a closing statement, followed by the defendant’s closing statement, after which the plaintiff may reply.

(2)  If the burden of proof for all matters in issue in the action is on the defendant, the judge may direct a different order of presentation.

(3)  If there are 2 or more plaintiffs or 2 or more defendants separately represented, the judge must determine the order of presentation.

Absence of witnesses at trial

8.11   If a person who is served with a notice to attend at trial as a witness, with or without records, does not do so, the Court may

                                 (a)    give judgment or make an order against the party whose witness does not attend,

                                 (b)    continue the trial in the absence of the witness, or

                                 (c)    adjourn the trial.

Exclusion of witnesses

8.12(1)  Subject to subrule (2), the judge may exclude a witness from the courtroom, other than a party who may be called as a witness, until the witness is called to give evidence.

(2)  A witness whose presence is essential to instruct a lawyer in a trial may not be excluded from the courtroom, but the judge may require that witness to give evidence before any other witnesses are called.

(3)  Nothing in this rule prevents the judge from excluding from the courtroom any person who interferes with the trial.

No communication with excluded witnesses

8.13(1)  If a witness is excluded from the courtroom, no person may communicate with the witness about evidence given at trial during the time that the witness is excluded, except with permission of the judge.

(2)  If there is communication with a witness contrary to subrule (1), the judge may strike out or disregard all or part of the evidence of the witness or prohibit the witness from giving evidence.

Unavailable or unwilling witness

8.14(1)  Subject to subrules (2) and (3), a party may, with the judge’s permission, read into evidence all or part of the evidence given at questioning conducted under Part 5 as the evidence of the person questioned, to the extent that it would be admissible if the person were giving evidence in Court, if the person questioned

                                 (a)    is dead,

                                 (b)    is unable to give evidence before the Court because of accident, ill health or disability,

                                 (c)    refuses to take an oath or to answer proper questions, or

                                 (d)    for any other sufficient reason cannot be required to attend at the trial.

(2)  Before deciding whether to give permission, the judge must consider

                                 (a)    the general principle that evidence should be presented orally in court,

                                 (b)    how thoroughly the person was questioned under Part 5, and

                                 (c)    any other appropriate factor.

(3)  The judge may grant permission under this rule only if

                                 (a)    the fact or facts sought to be proved through the questioning under Part 5 are important aspects of the party’s case,

                                 (b)    the fact or facts cannot be proved in any other manner, and

                                 (c)    the permission is restricted to the portion or portions of the questioning that relate to the fact or facts.

Notice of persons not intended to be called as witnesses

8.15(1)  When an adverse inference might be drawn from the failure of a party to call a person as a witness, that party may serve on every other party a notice of the names of those persons that the party does not intend to call as witnesses.

(2)  The notice must be served one month or more before the date the trial is scheduled to start.

(3)  The party on whom the notice is served may serve on the party who served the notice, within 10 days after service of the notice, a statement setting out any objection to the intention not to call a person as a witness.

(4)  If the party on whom the notice is served does not respond to the notice of intention not to call a person as a witness, the failure to call that person as a witness is not to be considered to be adverse to the case of the party who served the notice.

(5)  When a party objects to the notice of intention not to call a person, the cost of calling that person as a witness must be paid by the party who objects, regardless of the result of the claim, issue or question, unless the Court decides that the objection is reasonable.

Number of experts

8.16(1)  Unless the Court otherwise permits, no more than one expert is permitted to give opinion evidence on any one subject on behalf of a party.

(2)  If 2 or more corporate parties are affiliates within the meaning of the term “affiliate” in the Business Corporations Act and the corporate parties cannot agree, the Court may direct which of the corporate parties may call an expert witness.

Proving facts

8.17(1)  A fact to be proved at trial by the evidence of a witness must be proved by questioning the witness in Court unless

                                 (a)    these rules or an enactment otherwise requires or permits,

                                 (b)    the parties agree to that fact, or

                                 (c)    the Court otherwise orders.

(2)  The Court may not order that a fact be proved by affidavit evidence of a witness if

                                 (a)    a party, for good reason, wishes to cross-examine the witness, and

                                 (b)    the witness may be required to attend the trial.

(3)  Evidence taken in any other action may be presented at trial but only if the party proposing to submit the evidence gives each of the other parties written notice of that party’s intention 5 days or more before the trial is scheduled to start and obtains the Court’s permission to submit the evidence.

Trial conducted by electronic hearing

8.18   On application under rule 6.10, the Court may permit an electronic hearing.

Use of trial evidence in subsequent proceedings

8.19   Evidence at trial may be used in a subsequent application or subsequent proceedings in that action.

Application for dismissal at close of plaintiff’s case

8.20   At the close of the plaintiff’s case, the defendant may request the Court to dismiss the action on the ground that no case has been made, without being asked to elect whether evidence will be called.

Retrials

8.21(1)  The Court may order that a claim be retried if the jury

                                 (a)    is unable to reach a verdict,

                                 (b)    does not answer any question put to it or answers only some of the questions, or

                                 (c)    gives conflicting answers to questions so that judgment cannot be pronounced.

(2)  If answers given by a jury entitle a party to judgment on some but not all claims, the Court may order judgment to be entered in respect of those claims for which answers are given.

Continuing trial without jury

8.22(1)  If for any reason other than the misconduct of a party or the party’s lawyer a jury trial would be retried, the Court, with the agreement of all parties, may continue the trial without a jury.

(2)  If the misconduct of a party or the party’s lawyer during a jury trial could cause a retrial, the Court, with the agreement of every party adverse in interest to the party whose conduct or whose lawyer’s conduct is complained of, may continue the trial without a jury.

Judgment after jury trial

8.23(1)  When considering an application for judgment following a jury trial, the Court may

                                 (a)    pronounce judgment, or

                                 (b)    make any order it considers necessary to obtain the information to pronounce judgment.

(2)  In pronouncing judgment, the Court may draw inferences of fact that are not inconsistent with the jury’s findings.

Accidents and mistakes

8.24(1)  If by an accident, mistake or other cause a party does not prove a fact or record important to the party’s case, the Court may

                                 (a)    proceed with the trial subject to the fact or record being proved as ordered by the Court, or

                                 (b)    if the action is being tried by a jury, make an order under subrule (2).

(2)  The Court may

                                 (a)    adjourn the jury sittings, or

                                 (b)    if the fact or record is one the formal proof of which could not seriously be challenged,

                                           (i)    the Court may direct the jury to find a verdict as if the fact or record had been proved, and

                                          (ii)    the jury’s verdict then takes effect when the fact or record is proved before the Court.

(3)  If a fact or record is not proved as referred to in subrule (2)(b)(ii), judgment must be entered for the opposite party unless the Court otherwise orders.

(4)  The Court may make a costs award with respect to any issue arising out of or as a result of the operation of this rule.

Part 9
Judgments and Orders

Division 1
Preparation and Entry of
Judgments and Orders

Form of judgments and orders

9.1(1)  Judgments and orders must be divided into consecutively numbered paragraphs.

(2)  Every judgment and order must include

                                 (a)    the date on which it was pronounced,

                                 (b)    the name of the master or judge who made it, and

                                 (c)    the date of entry.

Preparation of judgments and orders

9.2(1)  The Court may direct which party is to prepare a draft of the judgment or order pronounced by the Court, but if the Court does not do so, the successful party is responsible for preparing the draft.

(2)  The following rules apply, unless the Court otherwise orders:

                                 (a)    within 10 days after the judgment or order is pronounced, the responsible party must prepare a draft of the judgment or order in accordance with the Court’s pronouncement and serve it on every party in attendance at the hearing, but if the responsible party does not prepare and serve the draft then any other party may do so;

                                 (b)    within 10 days after the draft judgment or order is served, each party served may

                                           (i)    approve the draft, or

                                          (ii)    object to the draft and apply to the Court to set the terms of the judgment or order;

                                 (c)    if a party does not approve or object to the draft judgment or order within the 10 days described in clause (b) but all other requirements are met and service of the draft is proved, the judgment or order may be signed and entered.

Dispute over contents of judgment or order

9.3   If there is a dispute about the contents of a judgment or order, the disputants may apply to the Court to resolve the dispute.

Signing judgments and orders

9.4(1)  A judge or master may sign a judgment or order when it is pronounced.

(2)  If a judge or master does not sign a judgment or order when it is pronounced, the court clerk may sign the judgment or order in any of the following circumstances:

                                 (a)    in a proceeding which a party adverse in interest did not attend;

                                 (b)    if the party adverse in interest approves the form of the judgment or order or waives approval of its form;

                                 (c)    if the Court directs that approval of the form of the judgment or order by a party is not required;

                                 (d)    if the Court directs the court clerk to sign the judgment or order.

(3)  In any circumstance other than those described in subrule (2), a judgment or order must be signed by a judge or master.

Entry of judgments and orders

9.5(1)  Subject to subrule (2), every judgment and every order is entered by filing it with the court clerk, who must make a note in the court file of the entry and the date of entry.

(2)  A judgment or order is not to be entered more than 3 months after it is pronounced except with the Court’s permission, which may only be obtained on application and after notice is served on each of the other parties.

Effective date of judgments and orders

9.6   Every judgment and every order, whether or not it has been entered, comes into effect on

                                 (a)    the date of pronouncement, or

                                 (b)    if the Court orders the judgment or order to come into effect before or after the date of pronouncement, the date so ordered.

Certified copies

9.7(1)  On entry of a judgment or order, the court clerk must, without additional charge, certify a copy of it for the party who enters the judgment or order.

(2)  A certified copy of a judgment or order has the same effect as the original.

Service of judgments and orders

9.8   Unless these rules otherwise provide or the Court otherwise orders, the party who enters the judgment or order must serve a copy of the entered judgment or order on each of the other parties.

Division 2
Determination of Damages, Judgment in Counterclaims and Judgment Against Beneficiaries

Determining damages

9.9   The Court must determine damages for a continuing claim to the time the Court makes its determination of the amount.

Judgment for balance on counterclaim

9.10   The Court may give judgment for the balance of money to be paid by one party to the other when determining a counterclaim.

Judgment against beneficiaries

9.11   A personal representative or trustee entitled to a judgment or order for the administration of an estate or the execution of a trust may have the judgment or order made against any person beneficially interested in the estate or trust.

Division 3
Corrections, Further Orders, Setting Aside, Varying and Discharging Judgments and Orders

Correcting mistakes or errors

9.12   On application, the Court may correct a mistake or error in a judgment or order arising from an accident, slip or omission.

Re-opening case

9.13   At any time before a judgment or order is entered, the Court may

                                 (a)    vary the judgment or order, or

                                 (b)    on application, and if the Court is satisfied there is good reason to do so, hear more evidence and change or modify its judgment or order or reasons for it.

Further or other order after judgment or order entered

9.14   On application, the Court may, after a judgment or order has been entered, make any further or other order that is required, if

                                 (a)    doing so does not require the original judgment or order to be varied, and

                                 (b)    the further or other order is needed to provide a remedy to which a party is entitled in connection with the judgment or order.

Setting aside, varying and discharging judgments and orders

9.15(1)  On application, the Court may set aside, vary or discharge a judgment or an order, whether final or interlocutory, that was made

                                 (a)    without notice to one or more parties, or

                                 (b)    following a trial or hearing at which a party did not appear because of an accident or mistake or because of insufficient notice of the trial or hearing.

(2)  Unless the Court otherwise orders, the application must be made within 20 days after the earlier of

                                 (a)    the service of the judgment or order on the applicant, and

                                 (b)    the date the judgment or order first came to the applicant’s attention.

(3)  The Court may set aside, vary or discharge a judgment in default of defence on any terms the Court considers just.

(4)  The Court may set aside, vary or discharge an interlocutory order

                                 (a)    because information arose or was discovered after the order was made,

                                 (b)    with the agreement of every party, or

                                 (c)    on other grounds that the Court considers just.

By whom applications are to be decided

9.16   An application under rule 9.12, 9.13, 9.14 or 9.15 must be decided by the judge or master who granted the original judgment or order unless the Court otherwise orders.

Division 4
Enforcement of Judgments and Orders

Enforcement:  orders for payment and judgments for payment into Court

9.17(1)  An order for payment may be enforced in any manner in which a judgment for the payment of money may be enforced.

(2)  A judgment for the payment of money into Court may be enforced in any manner in which a judgment for the payment of money to a person may be enforced.

Judgments and orders subject to conditions

9.18(1)  If a judgment or order is made subject to conditions that a party must fulfil, a party to whom the conditions apply may not do anything further to enforce the judgment or order until

                                 (a)    the party has filed an affidavit confirming that the conditions have been met, or

                                 (b)    the Court so permits.

(2)  An application to do anything further may be filed without notice to any other party unless the Court otherwise orders.

Persons who are not parties

9.19   If a person is not a party to an action but

                                 (a)    the person obtains an order or an order is obtained in the person’s favour, the person may enforce the order in the same manner as if the person were a party to the action, or

                                 (b)    the person is subject to a judgment or order granted in respect of that action, the judgment or order may be enforced against the person in the same manner as if the person were a party to the action.

Time writ remains in force

9.20   Unless an enactment otherwise provides, and except for the purpose of the enactment, a writ remains in force as long as the judgment or order under which the writ was issued is in force.

Application for new judgment or order

9.21(1)  On application, the Court may grant a judgment creditor a new judgment or order on a former judgment or any part of it that has not been paid.

(2)  The application must require the judgment debtor to show cause why a new judgment or order should not be granted.

(3)  Notice of the application must

                                 (a)    be filed before the expiry of the limitation period under the Limitations Act for an action on the judgment, and

                                 (b)    be served on the judgment debtor by the same method by which a commencement document must be served.

(4)  An application under this rule is an application in the original action.

(5)  If the judgment debtor does not appear at the hearing of the application, the Court may grant the judgment creditor a new judgment or order for the amount due and a costs award if the Court is satisfied that

                                 (a)    notice of the application was served on the judgment debtor, and

                                 (b)    the amount has not been paid under the original judgment or order.

(6)  If the judgment debtor opposes the judgment creditor’s application in whole or in part, the Court may

                                 (a)    give directions for the trial of an issue, and

                                 (b)    make any procedural order the Court considers necessary.

Application that judgment or order has been satisfied

9.22(1)  On application, the Court may make an order that a judgment or order has been satisfied.

(2)  The application must

                                 (a)    be in Form 41,

                                 (b)    be filed, and

                                 (c)    be served on the affected parties by the same method by which a commencement document must be served.

(3)  The court clerk must include in the court file a memorandum that a judgment or order has been satisfied if

                                 (a)    the Court so orders, or

                                 (b)    the judgment creditor or the judgment creditor’s lawyer acknowledges in writing that the judgment or order has been satisfied.

Enforcement against partners’ and partnership property

9.23(1)  A judgment or order against a partnership in the partnership name may be enforced against the partnership’s property.

(2)  A judgment or order against a partnership in the partnership name may also be enforced, if the judgment or order or a subsequent judgment or order so provides, against a person who was served with a notice under rule 2.3 and who, at the time specified in the notice,

                                 (a)    is presumed to be a partner under rule 2.3,

                                 (b)    admits to being a partner, or

                                 (c)    is adjudged to be a partner.

(3)  If after a judgment or order has been made against a partnership in the partnership name the party obtaining it claims to be entitled to enforce it against a person alleged to be a partner who was not served in accordance with rule 2.3(1), the party may apply to the Court to enforce the order or judgment against the alleged partner, and even though no notice was served under rule 2.3(1), the Court may permit the party to enforce the judgment or order

                                 (a)    if liability of the person as a partner is not disputed, or

                                 (b)    if liability is disputed, after the liability has been determined in the manner directed by the Court.

Fraudulent preferences and fraudulent conveyances

9.24(1)  If a judgment creditor claims to be entitled to relief under the Fraudulent Preferences Act or under the Fraudulent Conveyances Statute, 13 Eliz. I, Chapter 5 (U.K.), on application by the judgment creditor, the Court may order property or part of property to be sold to pay the amount to be collected under a writ of enforcement.

(2)  Notice of the application must be served on

                                 (a)    the judgment debtor, and

                                 (b)    the person to whom it is alleged the property was conveyed.

(3)  If a transfer or conveyance is made to defeat, defraud or hinder the rights of a judgment creditor, the judgment creditor, for the purpose of obtaining an order under subrule (1), need not have obtained judgment at the time of the impugned transfer or conveyance.

Order of possession of land

9.25(1)  This rule applies when a judgment or order of possession orders a person to give up possession of land to another person.

(2)  A judgment or order of possession must include a statement to the effect that a civil enforcement agency has authority, after service of the order has been effected, to evict any occupant of the land.

(3)  Unless the Court otherwise orders, the judgment or order of possession must be served on every person in possession of the land.

Authority to evict occupants

9.26(1)  A civil enforcement agency has authority to evict a person from land the person occupies

                                 (a)    only in accordance with a judgment or order of possession, and

                                 (b)    unless the Court otherwise orders, only after the civil enforcement agency is satisfied that

                                           (i)    the judgment or order has been served on every person in occupation of the land, and

                                          (ii)    an affidavit of service has been filed by the person who has the judgment or order of possession.

(2)  If a judgment or order of possession is stayed while payments are being made in accordance with the judgment or order granting the stay, the judgment or order of possession may not, unless the Court otherwise orders, subsequently be enforced until notice of default is served on every person in possession of the land.

Removal, storage and sale of personal property

9.27(1)  A person who enforces a judgment or order of possession in respect of premises need not remove personal property from the premises.

(2)  If a civil enforcement agency removes and stores any personal property in connection with the enforcement of a judgment or order of possession, the owner of the personal property may, on the written authorization of the civil enforcement agency, obtain the personal property from storage by

                                 (a)    paying to the civil enforcement agency the costs, including transportation and storage costs, that were paid by the civil enforcement agency or by the person on whose behalf the judgment or order of possession was enforced, and

                                 (b)    paying to the person storing the personal property any further outstanding storage charges.

(3)  If personal property is sold in accordance with an order made under an enactment, the proceeds of sale must be applied as follows:

                                 (a)    first, to pay the costs of the sale;

                                 (b)    second, to pay storage, transportation and other costs incurred in removing and storing the personal property and filing the application for the order for sale;

                                 (c)    third, unless the Court otherwise orders or an enactment otherwise provides, to pay the balance to the owner of the personal property.

Abandoned goods

9.28(1)  In this rule,

                                 (a)    “abandoned goods” means personal property left on land or at premises by a person who has

                                           (i)    been evicted from the land or premises by a civil enforcement agency, or

                                          (ii)    vacated the land or premises as a result of a judgment or order of possession;

                                 (b)    “judgment holder” means a person who has a judgment or order of possession.

(2)  A judgment holder may dispose of abandoned goods if the judgment holder believes on reasonable grounds that the abandoned goods have a market value of less than $2000.

(3)  Even though abandoned goods have a market value of $2000 or more, a judgment holder may sell the goods by a means and for a price that the judgment holder believes is reasonable if the judgment holder believes on reasonable grounds that

                                 (a)    storing the abandoned goods would be unsanitary or unsafe or would rapidly result in total or substantial depreciation of the market value of the goods, or

                                 (b)    the cost of removing, storing and selling the goods would exceed the proceeds of their sale.

(4)  If subrules (2) and (3) do not apply, the judgment holder

                                 (a)    must store or arrange for storage of the abandoned goods on behalf of the owner or person entitled to possession for one month after the date of their abandonment, and

                                 (b)    after the one month has expired, may dispose of the goods by public auction or, with the approval of the Court, by private sale.

(5)  If no bid is received for the abandoned goods at a public auction held under subrule (4)(b), the judgment holder may dispose of the goods.

(6)  No liability attaches to a person for

                                 (a)    selling abandoned goods under subrule (3) or (4)(b), or

                                 (b)    disposing of abandoned goods under subrule (2) or (5).

(7)  If abandoned goods are disposed of or sold under this rule, the person acquiring the goods on the disposal or sale acquires the interest of the owner or person entitled to possess those goods, and the interest of any other person in those goods is extinguished.

(8)  A judgment holder must give up possession of abandoned goods to the person entitled to them on payment of the costs of removing and storing them.

(9)  A judgment holder

                                 (a)    may apply the proceeds of any sale of abandoned goods

                                           (i)    to the judgment holder’s costs of removing, storing and selling the goods, and

                                          (ii)    to satisfy the judgment debtor’s liability to the judgment holder,

                                     and

                                 (b)    must pay the surplus of the proceeds of sale after payment under clause (a), if any, to the Crown in right of Alberta.

(10)  The Minister of Finance and Enterprise must retain the surplus on behalf of the judgment debtor for one year and, if the judgment debtor has not claimed it within the one‑year period, must pay the surplus into the General Revenue Fund.

(11)  On payment of the surplus into the General Revenue Fund the judgment debtor’s claim to the surplus is extinguished.

(12)  A judgment holder must keep a record of the storage and disposition or sale of abandoned goods under this rule, including

                                 (a)    a description of the goods,

                                 (b)    the period for which the goods were stored and the location,

                                 (c)    when subrule (8) applies, the costs claimed by the judgment holder and the date on which the goods were returned to the person entitled to them,

                                 (d)    if the goods are sold, the particulars of the sale, the amount claimed by the judgment holder under subrule (9) and the amount of the surplus, if any, paid to the Crown under this rule, and

                                 (e)    if the goods are neither returned to the person entitled to them nor sold, the manner in which they were disposed of.

(13)  A judgment holder must keep a record referred to in subrule (12) as it relates to abandoned goods for at least 3 years after the goods were returned, sold or disposed of, as the case may be.

(14)  The Court may make an order contrary to or varying any provision of this rule.

Questioning person to assist in enforcement

9.29(1)  To enforce or assist in the enforcement of a judgment or order, the Court, on application, may order a person to attend before a person named by the Court to be questioned under oath about a matter in the judgment or order.

(2)  The rules related to questioning under Part 5 apply to questioning conducted in accordance with an order made under this rule.

Division 5
Foreclosure Actions

When affidavit of value must be filed

9.30   Unless the Court otherwise orders, an affidavit of value must be filed before an application is filed for

                                 (a)    a redemption order,

                                 (b)    an order that secured property be offered for sale,

                                 (c)    a foreclosure order,

                                 (d)    an order confirming sale to the plaintiff or another person, or

                                 (e)    an order of possession, but not a preservation order.

Other material to be filed

9.31   Before an application is filed for a redemption order, an order that secured property be offered for sale, a foreclosure order, an order confirming sale, an order for sale to the plaintiff or an order appointing a receiver, the plaintiff must file

                                 (a)    a certified copy of all the current titles to the secured land, and

                                 (b)    if the secured property includes chattels, the results of a current Personal Property Registry search of each of the names of the registered owners of the secured land, or the purchasers of the secured land in the case of an agreement for sale.

Offer for sale of secured property

9.32(1)  The Court may offer secured property for sale at a time and place, in a manner and at a price that the Court considers appropriate.

(2)  If the Court orders that secured property be listed with a realtor, a listing agreement approved by the Court must, unless the Court otherwise orders, be appended to, and forms part of, the order granted.

Sale to plaintiff

9.33(1)  If a plaintiff seeks an order for sale of secured property to the plaintiff and section 40(2) of the Law of Property Act does not apply, the Court must consider whether a public sale should be attempted before the plaintiff’s application is heard.

(2)  The Court must consider at least the following factors:

                                 (a)    the nature of the secured property;

                                 (b)    the value of the secured property;

                                 (c)    the existing market for the secured property;

                                 (d)    the amount owed on the plaintiff’s security against the secured property;

                                 (e)    the amount owed for prior charges against the secured property, including prior encumbrances, municipal taxes and condominium assessments.

(3)  In granting an order for sale of the secured property to a plaintiff who has made an offer or tender on the secured property, the Court must consider, in addition to the factors in subrule (2), all offers or tenders made with respect to the secured property.

(4)  In granting an order for sale of the secured property to a plaintiff who has not made an offer or tender on the secured property or whose tender has been rejected, the Court must determine the fair value at which the plaintiff may purchase the secured property.

Order confirming sale

9.34(1)  If the Court orders that secured property be offered for sale by tenders filed in Court and a tender is filed, the plaintiff must apply for either or both of the following:

                                 (a)    an order confirming sale;

                                 (b)    an order rejecting tenders and directing the return of the deposits paid in respect of the rejected tenders.

(2)  The application must be scheduled for hearing not more than one month after the date set for the receipt of tenders.

(3)  On granting an order confirming sale, the Court may provide any direction that the Court considers appropriate to facilitate closing the sale.

(4)  Unless the order states that this subrule does not apply, an order confirming sale must state that the Registrar of Land Titles must not register the order without accompanying evidence of payment of the amount, if any, which the Court orders to be paid, and that evidence may be

                                 (a)    a certificate of the court clerk that the payment ordered has been paid into Court, or

                                 (b)    written confirmation by the plaintiff’s lawyer that the plaintiff has received the payment ordered.

Checking calculations:  assessment of costs and corrections

9.35(1)  When in a foreclosure action the Court grants an order declaring the balance owing to the plaintiff, an order for sale to the plaintiff or an order confirming sale, or grants judgment against any party, then, before entry of the order,

                                 (a)    the plaintiff must, unless otherwise ordered by the Court, file and serve on every defendant and subsequent encumbrancer any of the following documents that are applicable:

                                           (i)    a statement of the secured indebtedness;

                                          (ii)    a statement of money received and disbursed in the sale;

                                         (iii)    a calculation of any deficiency, if a deficiency judgment or declaration of a deficiency is ordered;

                                         (iv)    a bill of costs under rule 10.35;

                                          (v)    the proposed form of order,

                                          together with a notice that any defendant and subsequent encumbrancer who considers that any of the applicable documents contains an error may file and serve on the plaintiff a written submission before a date specified in the notice,

                                 (b)    the assessment officer must assess the reasonable and proper costs under rule 10.41 unless otherwise ordered by the Court, and

                                 (c)    the assessment officer must

                                           (i)    check the plaintiff’s calculations,

                                          (ii)    review any submission by a defendant or subsequent encumbrancer,

                                         (iii)    correct the amounts in the order, if necessary,

                                         (iv)    sign the order as court clerk, and

                                          (v)    return to the plaintiff or the plaintiff’s lawyer the order and a certificate under rule 10.43.

(2)  When the order and the certificate have been returned to the plaintiff or the plaintiff’s lawyer, the plaintiff may enter the order and file the certified bill of costs.

(3)  If the defendant did not appear at the application for the order and the plaintiff disagrees with

                                 (a)    the assessment of the reasonable and proper costs, if done without appearance, or

                                 (b)    the corrections made by the assessment officer under subrule (1)(c)(iii),

the plaintiff may, before entry of the order under subrule (2), appear before or speak to the assessment officer to explain the plaintiff’s figures or costs, and the assessment officer may amend or refuse to amend the assessment or corrections.

(4)  If the plaintiff is not satisfied with the assessment officer’s assessment, whether amended or not, the plaintiff may, before the order is entered, re‑attend before the master or judge who granted the order for the purpose of settling the costs or for further directions, at which time the plaintiff must provide to the Court any corrections, bill of costs, notes or other materials from the assessment officer.

(5)  To the extent of any inconsistency with Part 10, this rule prevails.

Service of certified bill of costs

9.36   The plaintiff must serve the certified bill of costs under rule 10.43 on every defendant and subsequent encumbrancer when the order referred to in rule 9.35(1) is served.

Division 6
Sale and Disposition of Land Other than by Foreclosure Action

Application of this Division

9.37   This Division

                                 (a)    is subject to the Civil Enforcement Act, and

                                 (b)    does not apply to foreclosure actions.

Sale and disposition of land

9.38(1)  If land is to be sold, mortgaged, partitioned or exchanged as a result of an action, the Court may make that order and specify the time and place of, the manner of, and the price or sum associated with the transaction that the Court considers appropriate.

(2)  If the Court is satisfied that all interested parties are before the Court or bound by the order, the Court may order

                                 (a)    the sale, mortgage, partition or exchange of land, and

                                 (b)    the procedure to be carried out to give effect to the order.

(3)  Any money produced as a result of carrying out an order under this rule must

                                 (a)    be paid into Court,

                                 (b)    be paid to persons specified in the order, or

                                 (c)    otherwise be dealt with in accordance with the order.

(4)  If a judgment or order states that land is to be sold,

                                 (a)    the sale must be approved by the Court before the sale is completed, and

                                 (b)    the persons necessary to complete the sale must join the sale and conveyance in accordance with the Court’s order.

Terms, conditions and limitations on orders

9.39   In an order under this Division the Court may include one or more of the following terms, conditions or directions:

                                 (a)    that a person pay or account for rent or profit, or both, to another person;

                                 (b)    the manner in which the transaction is to be carried out;

                                 (c)    the person or persons who are to carry out or facilitate compliance with the order;

                                 (d)    that any proceeds of the transaction be paid into Court or otherwise paid to or disposed of by the Court.

Division 7
Reciprocal Enforcement of United Kingdom Judgments

Definitions

9.40   In this Division,

                                 (a)    “Act” means Part 3 of the International Conventions Implementation Act and includes the Convention;

                                 (b)    “ certified copy” means the original document or a copy of the document certified as being a true copy by the original or facsimile signature of a proper officer of the foreign court;

                                 (c)    Convention” means the Convention Between Canada and the United Kingdom of Great Britain and Northern Ireland Providing for the Reciprocal Recognition and Enforcement of Judgments in Civil and Commercial Matters in Schedule 3 to the Act;

                                 (d)    “convention judgment”, “convention judgment creditor”, “convention judgment debtor” and “original court” have the same meanings respectively as “judgment”, “judgment creditor”, “judgment debtor” and “original court” have in the Convention.

Scope

9.41(1)  This Division is subject to the Act.

(2)  Nothing in this Division affects any other rights, remedies or proceedings provided by law.

Application to Court

9.42(1)  A convention judgment creditor may apply to the Court by originating application for an order to register a convention judgment.

(2)  The application must be brought within the time specified in the Act.

(3)  The originating application and affidavit in support and notices and documents related to the originating application under this Division must be titled as follows:

In the matter of the International Conventions Implementation Act,

And in the matter of a convention judgment of (describe court) dated . . .

Affidavit in support of application for order to register convention judgment

9.43(1)  An originating application for an order to register a convention judgment must be supported by an affidavit

                                 (a)    stating that the applicant is entitled to enforce the convention judgment and, where applicable, providing full particulars of the entitlement, whether by assignment or otherwise,

                                 (b)    stating in the original currency of the convention judgment

                                           (i)    the unpaid balance and interest as of a fixed date that is within 2 months before the date of the originating application, and

                                          (ii)    the daily interest payable after that fixed date,

                                 (c)    if applicable, stating the provisions of the convention judgment that are sought to be registered,

                                 (d)    stating the manner in which the convention judgment debtor submitted to the jurisdiction of the original court, if the convention judgment debtor appeared, defended, attorned or otherwise submitted to the jurisdiction of the original court,

                                 (e)    listing the reasonable costs of and incidental to registration and certifying that the applicant has incurred, is liable to pay or is otherwise entitled to collect them, as the case may be, and

                                  (f)    containing or to which is attached any other information or document that the Court may require.

(2)  The affidavit referred to in subrule (1) must have attached to it

                                 (a)    a certified copy of the convention judgment and, where applicable, a translation into English authenticated by affidavit or any other method acceptable to the Court, and

                                 (b)    proof acceptable to the Court that the initiating documents were served on the convention judgment debtor in the original application, if the convention judgment debtor was served personally with the originating documents in the original action, unless this information appears in the convention judgment.

(3)  An affidavit may contain statements made on the information and belief of the person swearing the affidavit, but must state the source and grounds for the information and belief.

When application may be filed without notice

9.44(1)  An originating application for an order to register a convention judgment may be filed without notice to any other party if the convention judgment debtor

                                 (a)    was personally served with the initiating documents in the original action, or

                                 (b)    appeared, defended, attorned or otherwise submitted to the jurisdiction of the original court.

(2)  If subrule (1) does not apply, the originating application and affidavit must be served on the convention judgment debtor personally or as the Court may otherwise direct.

Order to register convention judgment

9.45(1)  On hearing an originating application for an order to register a convention judgment, the Court, after considering the Act, may order that the convention judgment be registered for an amount to be calculated under subrule (2).

(2)  On presentation of an order referred to in subrule (1) and a copy of the convention judgment, the court clerk must register the convention judgment by

                                 (a)    writing on the copy of the convention judgment

                                           (i)    the unpaid balance and interest to the date the court clerk registers the convention judgment,

                                          (ii)    the reasonable costs of and incidental to registration, and

                                         (iii)    the following notation:

                                                  Registered in the Court of Queen’s Bench of Alberta on [date]  pursuant to the Order of _______________ dated . . .

                                     and

                                 (b)    filing the order made under subrule (1) and the copy of the convention judgment marked in accordance with clause (a).

(3)  If necessary the court clerk must convert the amounts referred to in subrule (2) to Canadian currency at the exchange rate prevailing at any branch of any bank.

Convention judgment debtor’s application to set aside

9.46(1)  If the Court hears an originating application without notice under rule 9.44 and makes an order granting part or all of the relief claimed, the convention judgment debtor may, within 2 months after being served with the order and registered convention judgment, apply to the Court to set aside that order and the registration of the convention judgment.

(2)  The time period set out in subrule (1) may not be extended under rule 13.5.

(3)  After hearing an originating application under this rule, the Court may make any order it thinks fit that is consistent with this Division.

(4)  An order under this rule may be appealed to the Court of Appeal.

Convention judgment creditor’s appeal

9.47(1)  If the Court hears an originating application without notice under rule 9.44 and makes an order refusing to grant part or all of the relief claimed, the convention judgment creditor may appeal the order to the Court of Appeal.

(2)  The convention judgment debtor must be a party to an appeal under this rule.

Appeal when order is made on notice

9.48   When the Court hears an originating application of which notice was served on the convention judgment debtor, the convention judgment creditor or the convention judgment debtor may appeal to the Court of Appeal from any order made.

Factors to be considered

9.49   In any proceeding under this Division, the Court or the Court of Appeal, as the case may be, must apply all of the factors listed in Article IV of the Convention and may consider any other proper grounds.

Division 8
Registration of Judgments under
Reciprocal Enforcement of
Judgments Act

Originating application to register judgment from reciprocating jurisdiction

9.50(1)  An application for registration of a judgment under the Reciprocal Enforcement of Judgments Act must be made by originating application.

(2)  The originating application must be supported by an affidavit that includes, as an exhibit, an exemplification or certified copy of the judgment to be registered.

Notice of registration

9.51   The notice of registration of a judgment under section 6 of the Reciprocal Enforcement of Judgments Act must

                                 (a)    contain particulars of the judgment registered and the order for registration,

                                 (b)    state the name and address of the judgment creditor or the lawyer or agent for the judgment creditor on whom service of any notice given by the judgment debtor may be served, and

                                 (c)    state that the judgment debtor, within one month after receipt of notice of the registration, may apply to the registering Court to set aside the registration on any ground set out in section 2(6) of the Reciprocal Enforcement of Judgments Act.

Part 10
Lawyers’ Charges, Recoverable
Costs of Litigation, and Sanctions

Division 1
Lawyers’ Charges, Retainer Agreements and Right of Review

Definitions

10.1   In this Part,

                                 (a)    “assessment officer” means the court clerk for the judicial centre in which the action is located;

                                 (b)    “review officer” means an assessment officer who, in the opinion of the clerk of the Court, has for the purpose of reviewing contingency fee or retainer agreements and lawyers’ charges

                                           (i)    an acceptable degree in law, and

                                          (ii)    sufficient experience in the practice of law,

                                          and who is designated as a review officer by

                                         (iii)    the clerk of the Court for the judicial centre in which the action is located, or

                                         (iv)    if there is no clerk of the Court for the judicial centre in which the action is located, the Minister.

Subdivision 1
Lawyers’ Charges

Payment for lawyer’s services and contents of lawyer’s account

10.2(1)  Except to the extent that a retainer agreement otherwise provides, a lawyer is entitled to be paid a reasonable amount for the services the lawyer performs for a client considering

                                 (a)    the nature, importance and urgency of the matter,

                                 (b)    the client’s circumstances,

                                 (c)    the trust, estate or fund, if any, out of which the lawyer’s charges are to be paid,

                                 (d)    the manner in which the services are performed,

                                 (e)    the skill, work and responsibility involved, and

                                  (f)    any other factor that is appropriate to consider in the circumstances.

(2)  A lawyer may be paid in advance or take security for future lawyer’s charges.

(3)  Every lawyer’s account must

                                 (a)    contain a reasonable statement or description of the services performed,

                                 (b)    show the fee for the service, and

                                 (c)    set out separately the details of any disbursements paid or to be paid by the lawyer or any other charges of the lawyer in performing the lawyer’s services.

Lawyer acting in representative capacity

10.3(1)  A lawyer may charge lawyer’s fees for services performed as a lawyer whether or not the lawyer is also acting in the capacity of a guardian, mortgagee, personal representative or trustee.

(2)  Despite subrule (1), a lawyer acting as a guardian, mortgagee, personal representative or trustee is not entitled to be paid out of or to charge to a trust, an estate, a fund, mortgaged property or a mortgage loan for which the lawyer performs lawyer’s services unless

                                 (a)    the Court orders the amount paid or charged,

                                 (b)    every person interested in the trust, estate, fund, mortgaged property or mortgage loan is legally competent and agrees to the payment or the charge, or

                                 (c)    the lawyer’s charges have been reviewed and certified by a review officer.

(3)  This rule does not apply to client funds held by a lawyer in the lawyer’s trust account.

Charging order for payment of lawyer’s charges

10.4(1)  On application by a lawyer, the Court may declare property specified in its order, including property that may be subsequently recovered in an action, to be subject to a charge as security for payment of the lawyer’s charges.

(2)  The order referred to in subrule (1) may only be made if

                                 (a)    the lawyer establishes to the Court’s satisfaction that the lawyer’s charges will not be or are unlikely to be paid unless the order is made, and

                                 (b)    the property to be the subject of the charge is associated with

                                           (i)    the action conducted by the lawyer on the client’s behalf, and

                                          (ii)    the lawyer’s services result in the recovery or preservation of the client’s property.

(3)  An order may also be made under this rule if

                                 (a)    a lawyer who performed services for a client in the recovery or preservation of property under a contingency fee agreement ceases to be the client’s lawyer before the event or contingency occurs and those services are likely to, or might, result in the recovery or preservation of the client’s property, and

                                 (b)    the requirements of subrule (2)(a) and (b) are met.

(4)  On application, the Court may make any other order necessary to obtain the amount required to pay the lawyer’s charges from the property subject to the charge.

(5)  An order must not be made under this rule if in all the circumstances the Court considers that to make the order would be unfair.

(6)  Nothing defeats or affects a charge on property imposed under this rule unless the property is disposed of to a bona fide purchaser for value without notice of the charge.

Subdivision 2
Retainer Agreements

Retainer agreements

10.5(1)  A lawyer may make an agreement with a client about the amount and manner of payment of the whole or any part of past or future lawyer’s charges for services performed by the lawyer.

(2)  The amount a lawyer is to be paid may be determined in any appropriate way, including

                                 (a)    a gross sum,

                                 (b)    commission,

                                 (c)    percentage,

                                 (d)    salary, or

                                 (e)    an hourly rate.

(3)  The amount payable may be at the same or at a greater or lesser rate than the rate to which the lawyer would be entitled under rule 10.2 if no retainer agreement were entered into.

Void provisions

10.6(1)  In a retainer agreement or otherwise, a provision is void if the provision

                                 (a)    purports to relieve a lawyer from liability for negligence or any other liability to which the lawyer might be subject as a lawyer, or

                                 (b)    purports to provide that an action, application or proceeding cannot be abandoned, discontinued or settled without a lawyer’s consent.

(2)  Despite any agreement to the contrary, a client may change the client’s lawyer or act on the client’s own behalf before a retainer agreement ends.

Subdivision 3
Contingency Fee Agreements

Contingency fee agreement requirements

10.7(1)  A contingency fee agreement must

                                 (a)    be in writing, and

                                 (b)    be signed by the lawyer and the lawyer’s client or by their authorized agents.

(2)  To be enforceable, a contingency fee agreement must contain the following particulars in precise and understandable terms:

                                 (a)    the name and address of each client;

                                 (b)    the name and address of the lawyer;

                                 (c)    a statement of the nature of the claim;

                                 (d)    a statement of the event or contingency on which the lawyer’s fees are to be paid to the lawyer;

                                 (e)    a statement about

                                           (i)    the manner in which the contingency fee is to be calculated,

                                          (ii)    the maximum fee payable, or the maximum rate calculated, after deducting disbursements and other charges, and

                                         (iii)    whether the client is responsible to pay disbursements and other charges, and if so, a general description of the types of disbursements and other charges likely to be incurred, other than relatively minor disbursements;

                                  (f)    if the lawyer is to receive any amount from a costs award, a statement that

                                           (i)    the cost award is intended to be a complete or partial reimbursement of the lawyer’s charges to the client,

                                          (ii)    the cost award is owned by the client and that by signing the contingency fee agreement the client is waiving the right to any amount from the costs award that is payable to the lawyer in accordance with subclause (iv),

                                         (iii)    the amount from the costs award retained by the lawyer will be in addition to the lawyer’s percentage, fixed fees or other form of legal fees, and

                                         (iv)    the percentage of the costs award that the lawyer may receive may not exceed the percentage of the judgment or settlement that the lawyer is entitled to;

                                 (g)    a statement that, if the client gives notice in writing to the lawyer within 5 days after the client’s copy of the contingency fee agreement is served on the client, the client may terminate the contingency fee agreement without incurring any liability for the lawyer’s fees, but that the client is liable to reimburse the lawyer for reasonable disbursements;

                                 (h)    a statement that

                                           (i)    at the request of the client, a review officer may review either or both of the contingency fee agreement and any lawyer’s charges in an account rendered under the agreement, and

                                          (ii)    either or both of the contingency fee agreement or any lawyer’s charges may be further reviewed by way of an appeal from a review officer’s decision to a judge.

(3)  The contingency fee agreement must be witnessed by a person who sees the client sign the agreement, and that person must then swear an affidavit of execution.

(4)  The client must be served with a copy of the signed contingency fee agreement within 10 days after the date on which the agreement is signed, and an affidavit of service to that effect must be executed by the person who served the agreement.

(5)  A client may terminate a contingency fee agreement without incurring any liability for the lawyer’s fees under the agreement if the client, within 5 days after service on the client of the copy of the contingency fee agreement, gives written notice of the termination to the lawyer, but the client is liable to reimburse the lawyer for reasonable disbursements incurred by the lawyer.

(6)  If a contingency fee agreement provides that a lawyer is entitled to an amount from a costs award, the lawyer is not entitled to receive from the costs award any higher percentage of the judgment or settlement than the lawyer is entitled to receive under the contingency fee agreement.

(7)  Every account rendered under a contingency fee agreement must contain a statement that at the client’s request a review officer may determine both the reasonableness of the account and the reasonableness of the contingency fee agreement.

(8)  An account that does not contain the statement required by subrule (7) is of no effect unless the Court

                                 (a)    is satisfied

                                           (i)    that the omission of the statement was inadvertent, and

                                          (ii)    the client has not been misled or prejudiced,

                                     and

                                 (b)    the Court waives the requirement for the statement.

Lawyer’s non-compliance with contingency fee agreement

10.8   If a lawyer does not comply with rule 10.7(1) to (4), (6) and (7), the lawyer is, on successful accomplishment or disposition of the subject-matter of the contingency fee agreement, entitled only to lawyer’s charges determined in accordance with rule 10.2 as if no contingency fee agreement had been entered into.

Subdivision 4
Right of Review

Reasonableness of retainer agreements and charges subject to review

10.9   The reasonableness of a retainer agreement and the reasonableness of a lawyer’s charges are subject to review by a review officer in accordance with these rules, despite any agreement to the contrary.

Time limitation on reviewing retainer agreements and charges

10.10(1)  A retainer agreement may not be reviewed if 6 months has passed after the date on which the retainer agreement terminated.

(2)  A lawyer’s charges may not be reviewed if 6 months has passed after the date on which the account was sent to the client.

Who may request review of lawyer’s charges

10.11   A lawyer’s charges may be reviewed in Alberta

                                 (a)    at the request of a client if

                                           (i)    the lawyer resides in Alberta,

                                          (ii)    the lawyer’s principal office is in Alberta,

                                         (iii)    the lawyer’s charges specify an Alberta address for the lawyer or the law firm of the lawyer,

                                         (iv)    most of the services were performed in Alberta,

                                          (v)    the services were performed in connection with legal proceedings commenced in Alberta in which the lawyer was a lawyer of record, or

                                         (vi)    the retainer agreement between the lawyer and the client so provides,

                                     and

                                 (b)    at the request of the lawyer if

                                           (i)    the client resides in Alberta,

                                          (ii)    the principal office or place of business of the client is in Alberta,

                                         (iii)    most of the services were performed in Alberta and the lawyer has no office in the jurisdiction outside Alberta where the client resides or carries on business, or

                                         (iv)    the retainer agreement between the lawyer and the client so provides.

Location of review

10.12(1)  Where a lawyer carries on business in Alberta, the lawyer’s charges may be reviewed by a review officer at the judicial centre nearest to where the lawyer carries on business.

(2)  Where a lawyer does not carry on business in Alberta but the client resides in Alberta, the lawyer’s charges may be reviewed by a review officer at the judicial centre nearest to where the client resides.

(3)  Notwithstanding subrules (1) and (2), and in any other case, the Court may designate a location for the review of the lawyer’s charges.

Appointment for review

10.13(1)  A lawyer or a client may, by request, obtain from a review officer an appointment date for a review of a retainer agreement or a lawyer’s charges, or both.

(2)  If a lawyer obtains an appointment date, the lawyer must, on receipt of the date, file a copy of a notice of the appointment in Form 42 to be served on the client and any other interested party, and

                                 (a)    if the appointment is to review the lawyer’s charges, file a copy of a signed account of the lawyer’s charges that are to be reviewed and a copy of any retainer agreement between the lawyer and the client;

                                 (b)    if the appointment is to review a retainer agreement, file a copy of the retainer agreement between the lawyer and the client.

(3)  If a client obtains an appointment date, the client must on receipt of the date,

                                 (a)    if the appointment is for a review of a lawyer’s charges, file the lawyer’s account that is to be reviewed and a copy of any retainer agreement between the lawyer and the client, if they are available, and

                                 (b)    if the appointment is for the review of a retainer agreement, file a copy of the retainer agreement between the lawyer and the client, if it is available.

(4)  The client or the lawyer who obtains an appointment date for review must serve notice of the appointment date on the other party to the review and any other interested party 10 days or more before the appointment date, or within any other period specified by a review officer.

Client‑obtained appointment:  lawyer’s responsibility

10.14(1)  If a lawyer is served with notice of an appointment for a review of the lawyer’s charges or retainer agreement, or both, the lawyer must file a copy of the account, appropriately signed, in respect of which the client seeks a review, and any retainer agreement, whether or not the lawyer intends to rely on them.

(2)  The documents must be filed 5 days or more before the appointment date or within any other period specified by a review officer, and the review officer may vary the period before or after the time limit has passed.

(3)  If the lawyer does not comply with this rule, the lawyer forfeits the right to payment of the lawyer’s charges in any account that is the subject of a review unless the review officer otherwise directs.

Retainer agreement confidentiality

10.15   A retainer agreement filed under rule 10.13 or 10.14 is confidential and, unless otherwise ordered by the Court,

                                 (a)    the court clerk, a review officer and any person under their supervision must not disclose to any person the existence of the agreement or information in it, and

                                 (b)    the copy of the agreement or information that is filed is not available for inspection by any person other than

                                           (i)    a party to the agreement,

                                          (ii)    a review officer, or

                                         (iii)    the Court.

Absence of person at appointment for review

10.16   A review officer may, on proof of service of the notice of appointment for review, proceed with the review of a retainer agreement or a lawyer’s charges despite the absence of the person served.

Review officer’s authority

10.17(1)  For the purpose of conducting a review under this Division, a review officer may do all or any of the following:

                                 (a)    take evidence either by affidavit or orally under oath, or both;

                                 (b)    direct the production of records;

                                 (c)    require notice of the appointment for the review to be served on persons who may be affected by the review or who have an interest in the trust, estate, fund or property from which the lawyer’s charges are or may be paid or charged;

                                 (d)    give directions about how notice of the appointment for the review is to be served;

                                 (e)    allow a party to be represented by a lawyer;

                                  (f)    require details of a retainer agreement, or of the services provided, money collected and expended, disbursements or other charges claimed or any other matter necessary to understand the agreement or charges and decide whether the agreement or charges, or both, are reasonable;

                                 (g)    validate service of the notice of the appointment or, if service is impractical or impossible, dispense with service.

(2)  A review officer may not review either a retainer agreement or a lawyer’s charges that have previously been reviewed by a review officer unless the Court so orders or the parties agree.

Reference to Court

10.18(1)  A review officer

                                 (a)    must refer any question arising about the terms of a retainer agreement to the Court for a decision or direction, and

                                 (b)    may refer any question arising about a lawyer’s charges to the Court for a decision or direction.

(2)  The review officer may do all or any of the following:

                                 (a)    require one party to serve another party or other interested person with notice of the reference;

                                 (b)    specify how a reference to the Court is to be prepared and by whom;

                                 (c)    prescribe time limits;

                                 (d)    specify any other matter for the effective and efficient disposition of the reference.

(3)  On considering a question referred to it, the Court may make any order it considers appropriate in the circumstances, including

                                 (a)    an order to enforce a direction given under rule 10.17, or

                                 (b)    with respect to a review of the terms of a retainer agreement, an order approving the agreement or varying or disallowing the agreement in whole or in part.

(4)  If a contingency fee agreement is disallowed, the amount payable to the lawyer for the lawyer’s charges must be determined under rule 10.2.

Review officer’s decision

10.19(1)  A review of a lawyer’s charges must take into consideration the factors described in rule 10.2, except to the extent that a retainer agreement otherwise provides.

(2)  A review of a retainer agreement must be based on the circumstances that existed when the retainer agreement was entered into.

(3)  The review officer may, in a review of a lawyer’s charges, allow the charges, or vary, reduce or disallow all or any of the charges, and certify the amount payable for and against each party, and may issue an interim certificate.

(4)  A review officer’s decision must be given by an interim or final certificate, which may be endorsed on a copy of the lawyer’s account, and the certificate must

                                 (a)    certify the amount to be paid by each party or person,

                                 (b)    certify any special circumstance and the amount to be paid by each party or person with respect to the special circumstance, and

                                 (c)    be dated and signed by the review officer.

(5)   An interim or final certificate of a review officer that meets the requirements set out in subrule (4) is conclusive proof of the amount that a party or person who had notice of the review must pay.

Enforcement of review officer’s decision

10.20(1)  The Court may direct a decision of a review officer to be entered as a judgment or order.

(2)  No direction may be made under subrule (1) before the time for an appeal of the review officer’s decision has expired or, if the decision is being appealed, before a decision is made under rule 10.27.

Repayment of charges

10.21   On application by a client, the Court may order a lawyer whose charges are disallowed, reduced, varied or forfeited to repay to the client all or any part of the lawyer’s charges paid by the client.

Action for payment of lawyer’s charges

10.22   If an action is brought for payment of a lawyer’s charges,

                                 (a)    despite rule 3.36, no judgment may be entered in default of defence without the Court’s permission, and

                                 (b)    no costs award with respect to the action is to be made unless the Court specifically so orders.

Costs of review

10.23   A review officer may allow or disallow the reasonable and proper costs of a review and fix the amount but may not make a costs award

                                 (a)    against the client as a result of a client‑requested review unless the client’s request was unreasonable or the client acts improperly or unreasonably at the review, or

                                 (b)    against the client as a result of a lawyer‑requested review unless the client acts improperly or unreasonably at the review and the Court approves the costs award.

Reviewing lawyer’s charges:  incomplete services and particular events

10.24(1)  If any of the following events occurs, a lawyer, the lawyer’s personal representative or a client may make an appointment with a review officer for the purpose of determining the amount of the lawyer’s charges payable by the client:

                                 (a)    the lawyer dies;

                                 (b)    the lawyer is suspended, disbarred or incapacitated;

                                 (c)    the lawyer ceases to be the client’s lawyer or the client ceases to be the lawyer’s client;

                                 (d)    a dispute arises about the apportionment of contingency fees under a contingency fee agreement under which 2 or more lawyers are engaged, whether or not the contingency has occurred;

                                 (e)    the client retains a new lawyer in the action;

                                  (f)    the client unreasonably discontinues or abandons any matter to which a contingency fee agreement applies;

                                 (g)    any other event that creates uncertainty about a lawyer’s charges or who is to pay them or to whom they are to be paid.

(2)  When making a decision under this rule, the review officer must take into consideration the factors described in rule 10.2, except to the extent that a retainer agreement otherwise provides.

Order to return records

10.25   On application by a client, the Court may order a lawyer to deliver to a person named in the order any record of the client under the lawyer’s control.

Subdivision 5
Appeal from Review Officer’s Decision

Appeal to judge

10.26(1)  A party to a review officer’s decision under this Division may appeal the decision to a judge.

(2)  The appeal from a review officer’s decision is an appeal on the record of proceedings before the review officer.

(3)  The record of proceedings is

                                 (a)    Form 42 served under rule 10.13(2),

                                 (b)    the material the parties filed to support or oppose, or that was required for, the review,

                                 (c)    the transcript of the proceedings before the review officer, unless the judge waives this requirement, and

                                 (d)    the review officer’s certificate.

(4)  The appellant must file and serve on the respondent to the appeal, within one month after the date of the review officer’s decision,

                                 (a)    notice of the appeal in Form 43 including the date, time and place of the hearing,

                                 (b)    the record of proceedings described in subrule (3) or, if the transcript is not available at the time of filing, confirmation that the transcript of the proceedings has been ordered, and

                                 (c)    any further written argument.

(5)  The respondent to the appeal must, within 10 days after service of the notice of appeal, file and serve on the appellant any written argument the respondent wishes to make.

Decision of judge

10.27(1)  After hearing an appeal from a review officer’s decision, the judge may, by order, do one or more of the following:

                                 (a)    confirm, vary or revoke the decision;

                                 (b)    revoke the decision and substitute a decision;

                                 (c)    revoke all or part of the decision and refer the matter back to the review officer or to another review officer;

                                 (d)    make any other order the judge considers appropriate.

(2)  If the amount of costs payable as originally assessed by the assessment officer has been paid and, after payment, is reduced on appeal, the judge hearing the appeal may order the return of the excess by the party who has received it and the order may be enforced as an order of the Court.

Division 2
Recoverable Costs of Litigation

Subdivision 1
General Rule, Considerations and Court Authority

Definition of “party”

10.28   In this Division, “party” includes a person filing or participating in an application or proceeding who is or may be entitled to or subject to a costs award.

General rule for payment of litigation costs

10.29(1)  A successful party to an application, a proceeding or an action is entitled to a costs award against the unsuccessful party, and the unsuccessful party must pay the costs forthwith, notwithstanding the final determination of the application, proceeding or action, subject to

                                 (a)    the Court’s general discretion under rule 10.31,

                                 (b)    the assessment officer’s discretion under rule 10.41,

                                 (c)    particular rules governing who is to pay costs in particular circumstances,

                                 (d)    an enactment governing who is to pay costs in particular circumstances, and

                                 (e)    subrule (2).

(2)  If an application or proceeding is heard without notice to a party, the Court may

                                 (a)    make a costs award with respect to the application or proceeding, or

                                 (b)    defer making a decision on who is liable to pay the costs of the application or proceeding until every party is served with notice of the date, time and place at which the Court will consider who is liable to pay the costs.

When costs award may be made

10.30(1)  Unless the Court otherwise orders or these rules otherwise provide, a costs award may be made

                                 (a)    in respect of an application or proceeding of which a party had notice, after the application has been decided,

                                 (b)    in respect of a settlement of an action, application or proceeding, or any part of any of them, in which it is agreed that one party will pay costs without determining the amount, and

                                 (c)    in respect of trials and all other matters in an action, after judgment or a final order has been entered.

(2)  If the Court does not make a costs award or an order for an assessment officer to assess the costs payable when an application or proceeding is decided or when judgment is pronounced or a final order is made, either party may request from an assessment officer an appointment date for an assessment of costs under rule 10.37.

Court-ordered costs award

10.31(1)  After considering the matters described in rule 10.33, the Court may order one party to pay to another party, as a costs award, one or a combination of the following:

                                 (a)    the reasonable and proper costs that a party incurred to file an application, to take proceedings or to carry on an action, or that a party incurred to participate in an application, proceeding or action, or

                                 (b)    any amount that the Court considers to be appropriate in the circumstances, including, without limitation,

                                           (i)    an indemnity to a party for that party’s lawyer’s charges, or

                                          (ii)    a lump sum instead of or in addition to assessed costs.

(2)  Reasonable and proper costs under subrule (1)(a)

                                 (a)    include the reasonable and proper costs that a party incurred to bring an action;

                                 (b)    unless the Court otherwise orders, include costs incurred by a party

                                           (i)    in an assessment of costs before the Court, or

                                          (ii)    in an assessment of costs before an assessment officer;

                                 (c)    do not include costs related to a dispute resolution process described in rule 4.16 or a judicial dispute resolution process under an arrangement described in rule 4.18 unless a party engages in serious misconduct in the course of the dispute resolution process or judicial dispute resolution process;

                                 (d)    do not include, unless the Court otherwise orders, the fees and other charges of an expert for an investigation or inquiry or the fees and other charges of an expert for assisting in the conduct of a summary trial or a trial.

(3)  In making a costs award under subrule (1)(a), the Court may order any one or more of the following:

                                 (a)    one party to pay to another all or part of the reasonable and proper costs with or without reference to Schedule C;

                                 (b)    one party to pay to another an amount equal to a multiple, proportion or fraction of an amount set out in any column of the tariff in Division 2 of Schedule C or an amount based on one column of the tariff, and to pay to another party or parties an amount based on amounts set out in the same or another column;

                                 (c)    one party to pay to another party all or part of the reasonable and proper costs with respect to a particular issue, application or proceeding or part of an action;

                                 (d)    one party to pay to another a percentage of assessed costs, or assessed costs up to or from a particular point in an action.

(4)  The Court may adjust the amount payable by way of deduction or set‑off if the party that is liable to pay a costs award is also entitled to receive an amount under a costs award.

(5)  In appropriate circumstances, the Court may order, in a costs award, payment to a self-represented litigant of an amount or part of an amount equivalent to the fees specified in Schedule C.

(6)  The Court’s discretion under this rule is subject to any specific requirement of these rules about who is to pay costs and what costs are to be paid.

Costs in class proceeding

10.32   In a proceeding under the Class Proceedings Act or in a representative action, the Court, in determining whether a costs award should be made against the unsuccessful representative party, may take into account one or more of the following factors, in addition to any other factors the Court considers appropriate:

                                 (a)    the public interest;

                                 (b)    whether the action involved a novel point of law;

                                 (c)    whether the proceeding or action was a test case;

                                 (d)    access to justice considerations.

Court considerations in making costs award

10.33(1)  In making a costs award, the Court may consider all or any of the following:

                                 (a)    the result of the action and the degree of success of each party;

                                 (b)    the amount claimed and the amount recovered;

                                 (c)    the importance of the issues;

                                 (d)    the complexity of the action;

                                 (e)    the apportionment of liability;

                                  (f)    the conduct of a party that tended to shorten the action;

                                 (g)    any other matter related to the question of reasonable and proper costs that the Court considers appropriate.

(2)  In deciding whether to impose, deny or vary an amount in a costs award, the Court may consider all or any of the following:

                                 (a)    the conduct of a party that was unnecessary or that unnecessarily lengthened or delayed the action or any stage or step of the action;

                                 (b)    a party’s denial of or refusal to admit anything that should have been admitted;

                                 (c)    whether a party started separate actions for claims that should have been filed in one action or whether a party unnecessarily separated that party’s defence from that of another party;

                                 (d)    whether any application, proceeding or step in an action was unnecessary, improper or a mistake;

                                 (e)    an irregularity in a commencement document, pleading, affidavit, notice, prescribed form or document;

                                  (f)    a contravention of or non-compliance with these rules or an order;

                                 (g)    whether a party has engaged in misconduct.

Court-ordered assessment of costs

10.34(1)  The Court may order an assessment of costs by an assessment officer and may give directions to the assessment officer about the assessment.

(2)  The Court must keep a record on the court file of a direction

                                 (a)    given to an assessment officer,

                                 (b)    requested by a party and refused by the Court, or

                                 (c)    requested by a party that the Court declines to make but leaves to an assessment officer’s discretion.

Subdivision 2
Assessment of Costs by Assessment Officer

Preparation of bill of costs

10.35(1)  A party entitled to payment of costs must prepare a bill of costs in Form 44

                                 (a)    if that party wishes or is required to have the costs assessed by an assessment officer, or

                                 (b)    on request of a party who is required to pay the costs.

(2)  The bill of costs must

                                 (a)    itemize all the costs sought to be recovered, distinguishing between fees, disbursements and other charges, and

                                 (b)    be signed by the person responsible for its preparation.

Assessment of bill of costs

10.36(1)  After a judgment or order has been entered, an assessment officer, in accordance with any Court direction or order, may make an assessment of costs payable in accordance with rule 10.41 in any of the following circumstances:

                                 (a)    under rule 3.36(3);

                                 (b)    under rule 3.37;

                                 (c)    under rule 3.38;

                                 (d)    under rule 3.39.

(2)  In cases other than those referred to in subrule (1), the amount assessed under rule 10.41 as payable by one party to another must be determined by way of an appointment with an assessment officer unless the Court or the assessment officer otherwise permits.

(3)  Despite subrules (1) and (2), if one party approves a bill of costs prepared by another party adverse in interest, an assessment officer must certify the bill of costs under rule 10.43, without change.

Appointment for assessment

10.37(1)  A party entitled to payment of costs may obtain from an assessment officer an appointment date for an assessment of costs.

(2)  If a party entitled to payment of costs makes the appointment, that party must, 10 days or more before the appointment date,

                                 (a)    file a proposed bill of costs, and

                                 (b)    serve every party affected by the appointment with notice of the appointment date in Form 45 and the proposed bill of costs.

(3)  If any other party obtains an appointment date, that party must

                                 (a)    20 days or more before the appointment date, serve notice of the appointment date in Form 45 on every party affected, and

                                 (b)    serve on the party entitled to payment of costs a request that the entitled party prepare a proposed bill of costs.

(4)  The recipient of the request to prepare a proposed bill of costs must do so as soon as practicable and file it and serve it on every other party 10 days or more before the appointment date.

(5)  An assessment officer may vary a time period referred to in this rule whether or not the period has passed.

Assessment officer’s authority

10.38(1)  For the purpose of assessing costs payable, an assessment officer may do all or any of the following:

                                 (a)    take evidence either by affidavit or orally under oath, or both;

                                 (b)    direct the production of records;

                                 (c)    require notice of the appointment for the assessment to be served on persons who may be affected by the assessment or who have an interest in the trust, estate, fund or property from which the costs are or may be paid or charged;

                                 (d)    give directions about how a notice of the appointment for the assessment is to be served;

                                 (e)    allow a party to be independently represented by a lawyer;

                                  (f)    require details of the services provided and disbursements or other charges claimed or require information about any other matter necessary to understand the reason for an item in the bill of costs and to decide whether the item and charge is reasonable and proper;

                                 (g)    validate service of the notice of the appointment or, if service is impractical or impossible, dispense with service.

(2)  An assessment officer may not conduct an assessment of costs that have previously been assessed by an assessment officer unless the Court so orders or the parties agree.

Reference to Court

10.39(1)  An assessment officer may direct any question arising about the assessment of costs payable to be referred to the Court for a decision or direction.

(2)  The assessment officer may do all or any of the following:

                                 (a)    require one party to serve another party or other interested person with notice of the reference;

                                 (b)    specify how a reference to the Court is to be prepared and by whom;

                                 (c)    prescribe time limits;

                                 (d)    specify any other matter for the effective and efficient disposition of the reference.

(3)  On considering a question referred to it, the Court may make any order it considers appropriate in the circumstances, including an order to enforce a direction given under rule 10.38.

Absence of person served with notice of appointment for assessment

10.40   An assessment officer may, on proof of service of the notice of appointment and proposed bill of costs, proceed with the assessment of costs payable despite the absence of the person served.

Assessment officer’s decision

10.41(1)  Subject to an order, if any, an assessment officer may, with respect to an assessment of costs payable, determine whether the costs that a party incurred to

                                 (a)    file an application,

                                 (b)    take proceedings,

                                 (c)    carry on an action, or

                                 (d)    participate in an action, application or proceeding,

are reasonable and proper costs.

(2)  Reasonable and proper costs of a party under subrule (1)

                                 (a)    include the reasonable and proper costs that a party incurred to bring an action,

                                 (b)    unless the Court otherwise orders, include costs that a party incurred in an assessment of costs before the Court,

                                 (c)    unless the Court or an assessment officer otherwise directs, include costs that a party incurred in an assessment of costs before an assessment officer,

                                 (d)    do not include costs related to a dispute resolution process described in rule 4.16 or a judicial dispute resolution process under an arrangement described in rule 4.18 unless a party engages in serious misconduct in the course of the dispute resolution process or the judicial dispute resolution process, and

                                 (e)    do not include, unless the Court otherwise orders, the fees and other charges of an expert for an investigation or inquiry, or the fees and other charges of an expert for assisting in the conduct of a summary trial or a trial.

(3)  In making an assessment under subrule (1) and taking into account the conduct of the parties, the assessment officer

                                 (a)    may decide whether an item in the bill of costs is reasonably and properly incurred,

                                 (b)    may disallow an item in a bill of costs that is improper, unnecessary, excessive or a mistake,

                                 (c)    may fix the amount recoverable for services performed by a lawyer that are not specified or described in Schedule C,

                                 (d)    may not allow lawyer’s fees at more than the amounts specified in Schedule C except when these rules, including the Schedule, explicitly permit or a written agreement expressly provides for a different basis for recovery,

                                 (e)    may not reduce an amount provided for in Schedule C

                                           (i)    unless Schedule C so permits, or

                                          (ii)    except in exceptional circumstances,

                                     and

                                  (f)    may, in exceptional circumstances, reduce an amount, or allow a fraction of an amount, if the services were incomplete or limited.

(4)  If the assessment officer disallows or reduces a fee specified in Schedule C, the assessment officer must give reasons for doing so.

(5)  If a party that is liable to pay costs is also entitled to payment of costs, the assessment officer may

                                 (a)    adjust the amount payable by way of deduction or set-off, or

                                 (b)    delay ordering the payment of costs to a party until that party has paid any costs for which that party is liable.

Actions within Provincial Court jurisdiction

10.42(1)  This rule applies only to actions the subject-matter of which is within the jurisdiction of the Provincial Court.

(2)  Despite anything in this Division or Schedule C, unless the Court otherwise orders,

                                 (a)    in the case of an action brought in the Court of Queen’s Bench for which the amount sued for or the amount of the judgment or order does not exceed the amount for which the Provincial Court has jurisdiction under section 9.6 of the Provincial Court Act, the costs to and including judgment or order must be assessed, if at all, at not more than 75% of the amount specified in Column 1 of the tariff in Division 2 of Schedule C;

                                 (b)    in the case of an action described in clause (a), post‑judgment matters are to be assessed, if at all, at not more than 100% of the amount specified in Column 1 of the tariff in Division 2 of Schedule C.

Certification of costs payable

10.43(1)  An assessment officer’s decision must be given by an interim or final certificate, which may be endorsed on a bill of costs, and which must

                                 (a)    certify the amount to be paid by each party or person,

                                 (b)    certify any special circumstance and the amount to be paid by each party or person with respect to the special circumstance, and

                                 (c)    be dated and signed by the assessment officer.

(2)  A certificate that meets the requirements stated in subrule (1) is conclusive proof of the amount that a party or person who had notice of the assessment must pay.

Subdivision 3
Appeal from Assessment Officer’s Decision

Appeal to judge

10.44(1)  A party to an assessment officer’s decision under this Division or a party to an assessment officer’s decision under rule 9.35 may appeal the decision to a judge.

(2)  The appeal from an assessment officer’s decision is an appeal on the record of proceedings before the assessment officer.

(3)  The record of proceedings is

                                 (a)    Form 45 served under rule 10.37(2),

                                 (b)    the material the parties filed to support or oppose, or that was required for, the assessment,

                                 (c)    the transcript of the proceedings before the assessment officer, unless the judge waives this requirement, and

                                 (d)    the assessment officer’s certificate.

(4)  The appellant must file and serve on the respondent to the appeal, within one month after the date of the assessment officer’s decision,

                                 (a)    notice of the appeal in Form 46,

                                 (b)    the record of proceedings described in subrule (3) or, if the transcript is not available at the time of filing, confirmation that the transcript of the proceedings has been ordered, and

                                 (c)    any further written argument.

(5)  The respondent to the appeal must, within 10 days after service of the notice of appeal, file and serve on the appellant any written argument the respondent wishes to make.

Decision of the judge

10.45(1)  After hearing an appeal from an assessment officer’s decision, the judge may, by order, do one or more of the following:

                                 (a)    confirm, vary or revoke the decision;

                                 (b)    revoke the decision and substitute a decision;

                                 (c)    revoke all or part of the decision and refer the matter back to the same or another assessment officer;

                                 (d)    make any other order the judge considers appropriate.

(2)  If the amount of lawyer’s charges payable pursuant to the decision of the review officer has been paid and, after payment, is reduced on appeal, the lawyer may be ordered to return the excess and, if the lawyer fails to do so, the lawyer, in addition to being liable for that amount, may be found guilty of a civil contempt.

Division 3
Other Matters Related to
Lawyers’ Charges and Litigation Costs

Review and assessment under enactments

10.46(1)  If an enactment requires or authorizes an amount to be considered, taxed, assessed or reviewed under these rules, a review officer or an assessment officer, as the circumstances require, must consider, tax, assess or review the amount

                                 (a)    in accordance with the enactment, and

                                 (b)    in accordance with any of these rules that apply or that can be applied or should be applied by analogy.

(2)  If an enactment requires or authorizes both lawyers’ charges and other costs of proceedings to be considered, taxed, assessed or reviewed under these rules, a review officer must perform the function

                                 (a)    in accordance with the enactment, and

                                 (b)    in accordance with any of these rules that apply or that can be applied or should be applied by analogy.

(3)  A review officer or assessment officer acting under this rule has all the powers that the officer has in carrying out a review or an assessment of costs under this Part in addition to any powers that the officer has under the enactment.

(4)  A decision of a review officer or an assessment officer may be appealed under rule 10.26 or 10.44, as circumstances permit, and rule 10.27 or 10.45 applies as the case requires.

Liability of litigation representative for costs

10.47(1)  A litigation representative for a plaintiff is liable to pay a costs award against the plaintiff.

(2)  A litigation representative for a defendant is not liable to pay a costs award against the defendant unless

                                 (a)    the litigation representative has engaged in serious misconduct, and

                                 (b)    the Court so orders.

Recovery of goods and services tax

10.48(1)  Unless the Court otherwise orders, a party entitled to costs in a costs award is entitled to recover the goods and services tax on those costs by providing a certificate in accordance with subrule (2) that is satisfactory to the assessment officer.

(2)  The certificate must be in the form of an affidavit endorsed on, attached to or filed with the bill of costs stating that

                                 (a)    the person making the affidavit has personal knowledge of the facts stated,

                                 (b)    the party entitled to receive payment under the bill of costs, and not another party, will actually pay the goods and services tax on that party’s costs,

                                 (c)    the goods and services tax will not be passed on to, or be reimbursed by, any other person, and

                                 (d)    the party entitled to receive payment under the bill of costs is not eligible for the goods and services tax input tax credit.

Division 4
Sanctions

Subdivision 1
Penalty

Penalty for contravening rules

10.49(1)  The Court may order a party, lawyer or other person to pay to the court clerk a penalty in an amount determined by the Court if

                                 (a)    the party, lawyer or other person contravenes or fails to comply with these rules or a practice note or direction of the Court without adequate excuse, and

                                 (b)    the contravention or failure to comply, in the Court’s opinion, has interfered with or may interfere with the proper or efficient administration of justice.

(2)  The order applies despite

                                 (a)    a settlement of the action, or

                                 (b)    an agreement to the contrary by the parties.

Costs imposed on lawyer

10.50   If a lawyer for a party engages in serious misconduct, the Court may order the lawyer to pay a costs award with respect to a person named in the order.

Subdivision 2
Civil Contempt of Court

Order to appear

10.51   The Court may grant an order in Form 47 that requires a person to appear before it, or may order a peace officer to take a person into custody and to bring the person before the Court, to show cause why that person should not be declared to be in civil contempt of Court.

Declaration of civil contempt

10.52(1)  Except when a person is before the Court as described in subrule (3)(a)(ii) or (v), before an order declaring a person in civil contempt of Court is made, notice of the application in Form 27 for a declaration of civil contempt must be served on the person in the same manner as a commencement document.

(2)  If a lawyer accepts service of a notice of an application seeking an order declaring the lawyer’s client to be in civil contempt of Court, the lawyer must notify the client of the notice as soon as practicable after being served.

(3)  A judge may declare a person to be in civil contempt of Court if

                                 (a)    the person, without reasonable excuse,

                                           (i)    does not comply with an order, other than an order to pay money, that has been served in accordance with the rules for service of commencement documents or of which the person has actual knowledge,

                                          (ii)    is before the Court and engages in conduct that warrants a declaration of civil contempt of Court,

                                         (iii)    does not comply with an order served on the person, or an order of which the person has actual knowledge, to appear before the Court to show cause why the person should not be declared to be in civil contempt of Court,

                                         (iv)    does not comply with an order served on the person, or an order of which the person has actual knowledge, to attend for questioning under these rules or to answer questions the person is ordered by the Court to answer,

                                          (v)    is a witness in an application or at trial and refuses to be sworn or refuses to answer proper questions, or

                                         (vi)    does not perform or observe the terms of an undertaking given to the Court,

                                     or

                                 (b)    an enactment so provides.

Punishment for civil contempt of Court

10.53(1)  Every person declared to be in civil contempt of Court is liable to any one or more of the following penalties or sanctions in the discretion of a judge:

                                 (a)    imprisonment until the person has purged the person’s contempt;

                                 (b)    imprisonment for not more than 2 years;

                                 (c)    a fine and, in default of paying the fine, imprisonment for not more than 6 months;

                                 (d)    if the person is a party to an action, application or proceeding, an order that

                                           (i)    all or part of a commencement document, affidavit or pleading be struck out,

                                          (ii)    an action or an application be stayed,

                                         (iii)    a claim, action, defence, application or proceeding be dismissed, or judgment be entered or an order be made, or

                                         (iv)    a record or evidence be prohibited from being used or entered in an application, proceeding or at trial.

(2)  The Court may also make a costs award against a person declared to be in civil contempt of Court.

(3)  If a person declared to be in civil contempt of Court purges the person’s contempt, the Court may waive or suspend any penalty or sanction.

(4)  The judge who imposed a penalty or sanction for civil contempt may, on notice to the person concerned, increase, vary or remit the penalty or sanction.

Division 5
Medical Examination

Mental disorder

10.54(1)  In this rule,

                                 (a)    “examination” means a medical examination conducted for the purpose of determining a person’s mental state;

                                 (b)    “facility” means

                                           (i)    a facility as defined in the Mental Health Act, or

                                          (ii)    a correctional institution as defined in the Corrections Act.

(2)  If a person is declared to be in civil contempt of Court and the judge is satisfied that there are reasonable and probable grounds to believe that the person is

                                 (a)    suffering from a mental disorder, or

                                 (b)    likely to cause harm to himself or herself or others or to suffer substantial mental or physical deterioration or serious physical impairment,

and would otherwise be unwilling, on that person’s own initiative, to attend an examination, the judge may order that the person be taken into custody by a peace officer and taken to a facility for the purpose of examination and a report to the Court, as directed by the Court.

(3)  An order made under subrule (2) is sufficient authority to detain, control, transport, examine, care for, observe, assess and prepare a report for the Court about the person named in the order.

Division 6
Inherent Jurisdiction

Inherent jurisdiction

10.55   Nothing in these rules prevents or is to be interpreted as preventing the Court, as a superior court, from exercising its inherent power to cite in contempt and punish those who disobey the Court’s lawful orders or who otherwise display contempt for its process.

Part 11
Service of Documents

Division 1
General Provisions

Service of original documents and copies

11.1   When a document must or may be served under these rules, either the original document or a copy of the original document may be served unless the Court otherwise orders.

Service not invalid

11.2   Service by mail or recorded mail is not invalid by reason only that

                                 (a)    the addressee refuses to accept the mail,

                                 (b)    the addressee returns the mail,

                                 (c)    in the case of recorded mail, the addressee refuses to take delivery of the recorded mail, or

                                 (d)    the addressee no longer resides or is otherwise not present at the address and has not provided the postal service with a current mailing address.

Division 2
Service of Commencement
Documents in Alberta

Agreement between parties

11.3(1)  If, in a contract that is the subject of an action, the parties agree on

                                 (a)    a place for service,

                                 (b)    a mode of service, or

                                 (c)    a person on whom service may be effected,

service of a document may be made in accordance with the agreement, and service is effected when so made.

(2)  An agreed method of service described in subrule (1) that applies outside Alberta must comply with rule 11.25.

(3)  An agreement about service of documents under this rule does not invalidate the service of a document that otherwise complies with the rules in this Part.

Methods of service in Alberta

11.4   Unless the Court otherwise orders or these rules otherwise provide, a commencement document must be served in Alberta and in accordance with

                                 (a)    a method of service provided by an enactment, or

                                 (b)    this Division.

Service on individuals

11.5(1)  A commencement document may be served on an individual who is not required to be served by another method under this Division by

                                 (a)    being left with the individual, or

                                 (b)    being sent by recorded mail addressed to the individual.

(2)  Service is effected under this rule,

                                 (a)    if the document is left with the individual, on the date it is left, or

                                 (b)    if the document is sent by recorded mail, on the date acknowledgment of receipt is signed by the individual to whom it is addressed.

Service on trustees and personal representatives

11.6(1)  A commencement document may be served on a trustee or personal representative who is an individual

                                 (a)    by being left with the trustee or personal representative, or

                                 (b)    by being sent by recorded mail addressed to the trustee or personal representative.

(2)  Service is effected under subrule (1),

                                 (a)    if the document is left with the trustee or personal representative, on the date it is left, or

                                 (b)    if the document is sent by recorded mail, on the date acknowledgment of receipt is signed by the trustee or personal representative to whom it is addressed.

(3)  A commencement document may be served on a trustee or personal representative that is a corporation in accordance with rule 11.9(1), and service on the trustee or personal representative is effected in accordance with rule 11.9(2).

Service on litigation representatives

11.7(1)  A commencement document may be served on a litigation representative who is an individual

                                 (a)    by being left with the litigation representative, or

                                 (b)    by being sent by recorded mail addressed to the litigation representative.

(2)  Service is effected under subrule (1),

                                 (a)    if the document is left with the litigation representative, on the date it is left, or

                                 (b)    if the document is sent by recorded mail, on the date acknowledgment of receipt is signed by the litigation representative to whom it is addressed.

(3)  A commencement document may be served on a litigation representative that is a corporation in accordance with rule 11.9(1), and service on the litigation representative is effected in accordance with rule 11.9(2).

Missing persons

11.8(1)  A commencement document may be served on an individual who is declared to be a missing person under the Public Trustee Act

                                 (a)    by being left at the office of the Public Trustee with an individual who appears to have management or control responsibilities in that office, or

                                 (b)    by being sent by recorded mail to the Public Trustee.

(2)  Service is effected under this rule,

                                 (a)    if the document is left with an individual in accordance with subrule (1)(a), on the date it is left, or

                                 (b)    if the document is sent by recorded mail, on the date acknowledgment of receipt is signed.

Service on corporations

11.9(1)  A commencement document may be served on a corporation

                                 (a)    by being left

                                           (i)    with an officer of the corporation who appears to have management or control responsibilities with respect to the corporation, or

                                          (ii)    with an individual who appears to have management or control responsibilities with respect to the corporation at its principal place of business or activity in Alberta, or at the corporation’s place of business or activity in Alberta where the claim arose,

                                     or

                                 (b)    by being sent by recorded mail, addressed to the corporation, to the principal place of business or activity in Alberta of the corporation.

(2)  Service is effected under this rule,

                                 (a)    if the document is left with an individual in accordance with subrule (1)(a), on the date it is left, or

                                 (b)    if the document is sent by recorded mail, on the date acknowledgment of receipt is signed.

Service on limited partnerships

11.10(1)  A commencement document may be served on a limited partnership that is the subject of a claim in the name of the limited partnership

                                 (a)    by being left

                                           (i)    with an individual who is a general partner, or

                                          (ii)    with an individual who appears to have management or control responsibilities with respect to the limited partnership at its principal place of business or activity in Alberta, or at the limited partnership’s place of business or activity in Alberta where the claim arose,

                                     or

                                 (b)    by being sent by recorded mail, addressed to the limited partnership, to the principal place of business or activity in Alberta of the limited partnership.

(2)  Service is effected under subrule (1),

                                 (a)    if the document is left with an individual, on the date it is left, or

                                 (b)    if the document is sent by recorded mail, on the date acknowledgment of receipt is signed.

(3)  If a general partner is a corporation, the commencement document may be served on that general partner in accordance with rule 11.9(1), and service on the general partner is effected in accordance with rule 11.9(2).

Service on partnerships other than limited partnerships

11.11(1)  A commencement document may be served in the name of the partnership on every partnership other than a limited partnership that is the subject of a claim,

                                 (a)    by being left

                                           (i)    with an individual who is a partner, or

                                          (ii)    with an individual who appears to have management or control responsibilities with respect to the partnership at its principal place of business or activity in Alberta, or at the partnership’s place of business or activity in Alberta where the claim arose,

                                     or

                                 (b)    by being sent by recorded mail, addressed to the partnership, to the principal place of business or activity in Alberta of the partnership.

(2)  Service is effected under subrule (1),

                                 (a)    if the document is left with an individual in accordance with subrule (1)(a), on the date it is left, or

                                 (b)    if the document is sent by recorded mail, on the date acknowledgment of receipt is signed.

(3)  If a partner is a corporation, the commencement document may be served on that partner in accordance with rule 11.9(1), and service on the partner is effected in accordance with rule 11.9(2).

Service on individuals using another name

11.12(1)  If a claim is made against a single individual carrying on business, operating or engaged in an activity under another name, a commencement document may be served on the individual

                                 (a)    by being left

                                           (i)    with the individual, or

                                          (ii)    with an individual who appears to have management or control responsibilities with respect to the business, operation or activity at the principal place of business, operation or activity in Alberta, or at the place of business, operation or activity in Alberta where the claim arose,

                                     or

                                 (b)    by being sent by recorded mail, addressed to the business, operation or activity name, to the principal place of business or activity in Alberta of the business, operation or activity.

(2)  Service is effected under subrule (1),

                                 (a)    if the document is left with an individual in accordance with subrule (1)(a), on the date it is left, or

                                 (b)    if the document is sent by recorded mail, on the date acknowledgment of receipt is signed.

Service on a corporation using another name

11.13(1)  If a claim is made against a single corporation carrying on business or operating in a name other than its own, a commencement document may be served on that corporation

                                 (a)    by being left

                                           (i)    with an officer of the corporation who appears to have management or control responsibilities with respect to the corporation, or

                                          (ii)    with an individual who appears to have management or control responsibilities with respect to the corporation at the principal place of business or activity in Alberta of the corporation, or at the place of business or activity in Alberta of the corporation at which the claim arose,

                                     or

                                 (b)    by being sent by recorded mail, addressed to the business or operating name of the corporation, to the principal place of business or activity in Alberta of the corporation.

(2)  Service is effected under this rule,

                                 (a)    if the document is left with an individual in accordance with subrule (1)(a), on the date it is left, or

                                 (b)    if the document is sent by recorded mail, on the date acknowledgment of receipt is signed.

Service on statutory and other entities

11.14(1)  A commencement document may be served on an entity established by or under an enactment, or an entity not otherwise described in this Part, that is capable of being the subject of an action,

                                 (a)    by being left

                                           (i)    with an officer or administrator of the entity who appears to have management or control responsibilities with respect to the entity, or

                                          (ii)    with an individual who appears to have management or control responsibilities with respect to the entity at the entity’s principal place of business or activity in Alberta, or at the entity’s place of business or activity in Alberta where the claim arose,

                                     or

                                 (b)    by being sent by recorded mail, addressed to the entity, to the entity’s principal place of business or activity in Alberta.

(2)  Service is effected under this rule,

                                 (a)    if the document is left with an individual in accordance with subrule (1)(a), on the date it is left, or

                                 (b)    if the document is sent by recorded mail, on the date acknowledgment of receipt is signed.

Service on person providing an address for service

11.15(1)  In an action, a commencement document may be served on a person who has provided an address for service on a filed document

                                 (a)    by being left, addressed to the person, at that address, or

                                 (b)    by being sent by recorded mail, addressed to the person, at that address.

(2)  Service is effected under subrule (1),

                                 (a)    if the document is left at the address, on the date it is left, or

                                 (b)    if the document is sent by recorded mail, on the date acknowledgment of receipt is signed.

Service on lawyer

11.16(1)  If a lawyer acts for a person in an action and the person must be served with a commencement document, the lawyer may, in writing, accept service on behalf of the person.

(2)  Service is effected under this rule on the date service of the commencement document is accepted in writing by the lawyer.

Service on lawyer of record

11.17(1)  A commencement document may be served on a party by being served on the lawyer of record for the party

                                 (a)    by being left with the lawyer, being left at the lawyer’s office, or being left at another address specified by the lawyer, or

                                 (b)    by being sent by recorded mail, addressed to the lawyer, to the lawyer’s office.

(2)  Service is effected under this rule,

                                 (a)    if the document is left with the lawyer or at the lawyer’s office or at another address specified by the lawyer, on the date it is left, or

                                 (b)    if the document is sent by recorded mail, on the date acknowledgment of receipt is signed.

Service on self-represented litigants

11.18(1)  A self-represented litigant may accept, in writing, service of a commencement document.

(2)  Service is effected under this rule on the date that the self‑represented litigant accepts service of the document in writing.

Service on business representatives of absent parties

11.19(1)  A commencement document may be served on a party who is out of Alberta but who has a representative who resides and carries on the absent party’s business in Alberta, if the claim arose in respect of that business,

                                 (a)    by being left with the representative, or

                                 (b)    by being sent by recorded mail addressed to the representative.

(2)  Service is effected under subrule (1),

                                 (a)    if the document is left with the representative, on the date it is left, or

                                 (b)    if the document is sent by recorded mail, on the date acknowledgment of receipt is signed by the representative.

(3)  If the representative described in subrule (1) is a corporation, the corporation may be served in accordance with rule 11.9(1), and service is effected on the representative in accordance with rule 11.9(2).

Division 3
Service of Documents, Other than
Commencement Documents, in Alberta

Service of documents, other than commencement documents, in Alberta

11.20   Unless the Court otherwise orders or these rules or an enactment otherwise provides, every document, other than a commencement document, that is to be served in Alberta may only be served by

                                 (a)    a method of service described in Division 2 for service of a commencement document,

                                 (b)    a method of service described in rule 11.21,

                                 (c)    recorded mail under rule 11.22, or

                                 (d)    a method of service agreed to under rule 11.3.

Service by electronic method

11.21(1)  A document, other than a commencement document, may be served on a person who has specifically provided an address to which information or data in respect of an action may be transmitted, if the document is sent to the person at the specified address, and

                                 (a)    the electronic agent receiving the document at that address receives the document in a form that is usable for subsequent reference, and

                                 (b)    the sending electronic agent obtains or receives a confirmation that the transmission to the address of the person to be served was successfully completed.

(2)  Service is effected under subrule (1) when the sending electronic agent obtains or receives confirmation of the successfully completed transmission.

(3)  In this rule, “electronic” and “electronic agent” have the same meanings as they have in the Electronic Transactions Act.

Recorded mail service

11.22(1)  A document, other than a commencement document, may be served on a party in Alberta by being sent by recorded mail, addressed to the party at the address for service provided in the most recently filed document in the action.

(2)  Service is effected under this rule on the earlier of

                                 (a)    the date acknowledgment of receipt is signed, and

                                 (b)    7 days after the date on which the recorded mail is sent.

Division 4
Service of Documents, Other than Commencement Documents, in Foreclosure Actions

Additional service options in foreclosure actions

11.23(1)  In addition to the other methods of service described in this Part, service of every document in a foreclosure action, other than a commencement document, may be effected, unless the Court otherwise orders,

                                 (a)    by leaving the document, addressed to the person to be served, at an address described in subrule (2), or

                                 (b)    by sending the document by recorded mail, addressed to the person to be served, to an address described in subrule (2).

(2)  The addresses referred to in subrule (1) are

                                 (a)    the address of the place where the person to be served resides,

                                 (b)    if the person to be served carries on business at the address of secured land that is the subject of the action, that address,

                                 (c)    if the address of the place where the person to be served resides is not known to the person attempting service or if the person to be served does not carry on business at the address of the secured land that is the subject of the action, then

                                           (i)    the address of the person to be served shown on the current title to the secured land, or

                                          (ii)    if the person to be served is named as a secured party in a current registration of a security interest in the Personal Property Registry, the address of that person as shown in the registration,

                                     or

                                 (d)    in the case of an offeror or tenderer, the address of the offeror or tenderer shown in the offer or tender for secured property.

(3)  Service is effected under this rule,

                                 (a)    if the document is left at the address, on the date it is left, or

                                 (b)    if the document is sent by recorded mail, on the earlier of

                                           (i)    the date acknowledgment of receipt is signed, and

                                          (ii)    7 days after the date on which the recorded mail is sent.

Notice of address for service in foreclosure actions

11.24   In a foreclosure action, encumbrancers, tenants, offerors, tenderers, and defendants whether or not they have been noted in default may file and serve on any plaintiff, encumbrancer, tenant, offeror, tenderer or defendant in the action a notice in Form 48 giving an address for service in Alberta, including an address described in rule 11.21, at which any document that is required to be served on them in the action may be served.

Division 5
Service of Documents Outside Alberta

Real and substantial connection

11.25(1)  A commencement document may be served outside Alberta and in Canada only if

                                 (a)    a real and substantial connection exists between Alberta and the facts on which a claim in the action is based, and

                                 (b)    the commencement document discloses the facts in support and specifically refers to the grounds for service of the document outside Alberta and in Canada.

(2)  A commencement document may be served outside Canada only if

                                 (a)    a real and substantial connection exists between Alberta and the facts on which a claim in an action is based and the commencement document is accompanied with a document that sets out the grounds for service of the document outside Canada, or

                                 (b)    the Court, on application supported by an affidavit satisfactory to the Court, permits service outside Canada.

(3)  Without limiting the circumstances in which a real and substantial connection may exist between Alberta and the facts on which a claim in an action is based, in the following circumstances a real and substantial connection is presumed to exist:

                                 (a)    the claim relates to land in Alberta;

                                 (b)    the claim relates to a contract or alleged contract made, performed or breached in Alberta;

                                 (c)    the claim is governed by the law of Alberta;

                                 (d)    the claim relates to a tort committed in Alberta;

                                 (e)    the claim relates to the enforcement of a security against property other than land by the sale, possession or recovery of the property in Alberta;

                                  (f)    the claim relates to an injunction in which a person is to do or to refrain from doing something in Alberta;

                                 (g)    the defendant is resident in Alberta;

                                 (h)    the claim relates to the administration of an estate and the deceased died while ordinarily resident in Alberta;

                                  (i)    the defendant, although outside Alberta, is a necessary or proper party to the action brought against another person who was served in Alberta;

                                  (j)    the claim is brought against a trustee in relation to the carrying out of a trust in any of the following circumstances:

                                           (i)    the trust assets include immovable or movable property in Alberta and the relief claimed is only as to that property;

                                          (ii)    the trustee is ordinarily resident in Alberta;

                                         (iii)    the administration of the trust is principally carried on in Alberta;

                                         (iv)    by the express terms of a trust document, the trust is governed by the law of Alberta;

                                 (k)    the action relates to a breach of an equitable duty in Alberta.

Methods of service outside Alberta

11.26(1)  Unless the Court otherwise orders, if a document may be served outside Alberta under these rules, the document must be served

                                 (a)    by a method provided by these rules for service of the document in Alberta,

                                 (b)    in accordance with a method of service of documents under the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters that is allowed by the jurisdiction in which the document is to be served, if the Convention applies, or

                                 (c)    in accordance with the law of the jurisdiction in which the person to be served is located.

(2)  Service is effected under this rule,

                                 (a)    if the document is served by a method of service provided for service of documents in Alberta, on the date specified by these rules for when service is effected,

                                 (b)    if the document is served under the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, on the date service is effected under the Convention, or

                                 (c)    in accordance with the law of the jurisdiction in which the person is served.

Division 6
Validating, Substituting, Dispensing with and Setting Aside Service

Validating service

11.27(1)  On application, the Court may make an order validating the service of a document served inside or outside Alberta in a manner that is not specified by these rules if the Court is satisfied that the method of service used brought or was likely to have brought the document to the attention of the person to be served.

(2)  On application, the Court may make an order validating the service of a document served inside or outside Alberta if the Court is satisfied that the document would have been served on the person or would have come to the attention of the person if the person had not evaded service.

(3)  If service is validated by the Court under this rule, service is effected on the date specified in the order.

Substitutional service

11.28(1)  If service of a document, inside or outside Alberta,  is impractical, the Court may, on application, make an order for substitutional service.

(2)  The application must be supported by an affidavit

                                 (a)    setting out why service is impractical,

                                 (b)    proposing an alternative method of service, and

                                 (c)    stating why the alternative method of service is likely to bring the document to the attention of the person to be served.

(3)  Unless otherwise ordered, an order for substitutional service of a document must be served with the document except when substitutional service is by advertisement, in which case the advertisement must contain a reference to the order.

(4)  If a document is served in accordance with an order for substitutional service, service is effected on the date specified in the order.

Dispensing with service

11.29(1)  On application, the Court may make an order dispensing with service, inside or outside Alberta, if service of a document by a method prescribed by these rules is impractical or impossible.

(2)  The application must be supported by an affidavit

                                 (a)    setting out that all reasonable efforts to serve the document have been exhausted or are impractical or impossible,

                                 (b)    stating why there is no or little likelihood that the issue will be disputed, and

                                 (c)    stating that no other method of serving the document is or appears to be available.

Proving service of documents

11.30(1)  Service of a document in Alberta and service of documents other than commencement documents outside Alberta may be proved to have been effected

                                 (a)    by an affidavit

                                           (i)    stating that the person was served,

                                          (ii)    describing the method of service, and

                                         (iii)    stating the date, time and place of service,

                                 (b)    by an acknowledgment or acceptance of service in writing by the person served or by a lawyer on the person’s behalf, or

                                 (c)    by an order validating service under rule 11.27.

(2)  Service of a commencement document outside Alberta may be proved to have been effected

                                 (a)    by an affidavit

                                           (i)    stating the real and substantial connection between Alberta and the claim,

                                          (ii)    stating that the person was served,

                                         (iii)    describing the method of service, and

                                         (iv)    stating the date, time and place of service,

                                 (b)    by an acknowledgment or acceptance of service in writing by the person served or by a lawyer on the person’s behalf, or

                                 (c)    by an order validating service under rule 11.27.

Setting aside service

11.31(1)  A defendant may apply to the Court to set aside

                                 (a)    service of a commencement document,

                                 (b)    an order for substitutional service of a commencement document, or

                                 (c)    an order dispensing with service of a commencement document,

only before the defendant files a statement of defence or a demand for notice.

(2)  An application under this rule is not an acknowledgment by the defendant that the Court has jurisdiction with respect to a claim, counterclaim or third party claim in respect of which the application is filed.

(3)  If the Court is satisfied that

                                 (a)    the addressee did not receive a document, other than a commencement document, sent by recorded mail within 7 days after the date on which the recorded mail was sent,

                                 (b)    the failure of the addressee to receive the document is not attributable to the addressee’s own efforts to avoid receiving the document, and

                                 (c)    the addressee would be prejudiced by the application of rule 11.22(2),

the Court may make any order that the Court considers appropriate in respect of any matter relating to the document, including setting aside service.

Division 7
Service of Foreign Process

Procedure for service

11.32   If the court clerk receives a written request from a court or tribunal in a foreign country to serve on a person in Alberta a process or citation in respect of a civil or commercial matter, the following rules apply:

                                 (a)    2 copies of the process or citation to be served must be provided to the court clerk;

                                 (b)    if the request, process or citation is not in the English language, 2 copies of an English translation of any document that is not in the English language must be provided to the court clerk;

                                 (c)    service may be effected in accordance with the Alberta rules for service of the same or a similar document, or in a manner directed in the request of the foreign court or tribunal to the court clerk;

                                 (d)    after service has been effected, the person effecting service must return to the court clerk of the appropriate judicial centre one copy of the process or citation, together with an affidavit of service and particulars of the cost of service;

                                 (e)    the court clerk must return the request, together with the affidavit of service, to the foreign court or tribunal that made the request, and must certify

                                           (i)    the amount properly payable for service,

                                          (ii)    that the affidavit of service is sufficient proof of service as required by these rules, and

                                         (iii)    if it is the case, that the service is effective under these rules.

Part 12
Family Law Rules

Division 1
Foundational Rules

Definitions

12.1   In this Part,

                                 (a)    “action for unjust enrichment” means an action that is based on the equitable doctrine of unjust enrichment between 2 parties who have lived together in a relationship of interdependence;

                                 (b)    “party”, in respect of a proceeding under the Family Law Act, includes a public official, including the Director acting under Part 5 of the Income and Employment Supports Act, who, pursuant to any enactment, has the right to commence, defend, intervene in or take any step in respect of the application and exercises that right;

                                 (c)    “provisional order” means a provisional order under the Divorce Act (Canada).

What this Part applies to

12.2   Unless otherwise specified, this Part applies to the following:

                                 (a)    a proceeding under the Divorce Act (Canada);

                                 (b)    a proceeding under the Family Law Act;

                                 (c)    a proceeding under the Matrimonial Property Act;

                                 (d)    a proceeding under the Protection Against Family Violence Act;

                                 (e)    a proceeding under the Change of Name Act;

                                  (f)    a proceeding under the Extra‑provincial Enforcement of Custody Orders Act;

                                 (g)    an action for unjust enrichment between 2 parties who have lived together in a relationship of interdependence;

                                 (h)    an application for partition and sale pursuant to Part 3 of the Law of Property Act between 2 parties who have lived together in a relationship of interdependence;

                                  (i)    an application for a restraining order between 2 parties who have lived together in a relationship of interdependence;

                                  (j)    an application to vary, suspend or rescind a corollary relief order granted by another court under the Divorce Act (Canada).

Application of other Parts

12.3   Subject to this Part and any enactment, other Parts of these rules apply to proceedings and appeals under this Part.

Forms

12.4   In this Part, a reference to a form with the prefix “FL” is a reference to a form set out in Schedule A, Division 2.

Division 2
The Parties to Litigation

Requirement that parties be spouses

12.5(1)  Unless otherwise ordered, in a proceeding under the Divorce Act (Canada), including a counterclaim, the parties to the proceeding must be spouses or former spouses of one another.

(2)  In a proceeding, including a counterclaim or third party claim, that is

                                 (a)    both a proceeding under the Divorce Act (Canada) and a proceeding under the Matrimonial Property Act, or

                                 (b)    a proceeding that combines a proceeding under the Divorce Act (Canada), a proceeding under the Matrimonial Property Act and an action for unjust enrichment,

the only parties to the proceeding may be the spouses or former spouses of one another unless another person is a necessary party for the disposition of the property issues.

Exception to rule 2.11(a)

12.6(1)  Subject to the Minors’ Property Act, if an individual who is under 18 years of age is or has been a spouse or adult interdependent partner, as those terms are defined in the Adult Interdependent Relationships Act, that individual need not have a litigation representative as required under rule 2.11(a).

(2)  A child is not considered to be participating in a proceeding for the purposes of rule 2.11(a) merely by virtue of

                                 (a)    being the subject of a guardianship, custody, access, parenting or contact dispute, or

                                 (b)    being served with a notice of a proceeding pursuant to an enactment that requires a person under 18 years of age to be served with notice of a proceeding.

Division 3
Court Actions

Subdivision 1
Actions Relating to Proceedings Under the

Divorce Act (Canada) and Proceedings
Under the Matrimonial Property Act

Starting proceeding under Divorce Act (Canada)

12.7   Subject to rule 12.13, a proceeding under the Divorce Act (Canada) must be started by filing a statement of claim for divorce in Form FL‑1 and serving it in accordance with rule 12.55.

Starting proceeding under Matrimonial Property Act

12.8   A proceeding under the Matrimonial Property Act must be started by filing a statement of claim for division of matrimonial property in Form FL‑2 and serving it in accordance with rule 12.55.

Starting combined proceeding

12.9(1)  A proceeding that is both a proceeding under the Divorce Act (Canada) and a proceeding under the Matrimonial Property Act may be started by filing a statement of claim for divorce and division of matrimonial property in Form FL‑3 and serving it in accordance with rule 12.55.

(2)  The statement of claim for divorce and division of matrimonial property must set out separately

                                 (a)    the claim under the Divorce Act (Canada) proceeding, and

                                 (b)    the claim under the Matrimonial Property Act proceeding.

Action for unjust enrichment

12.10(1)  A claim for an action for unjust enrichment may be included in

                                 (a)    a statement of claim for divorce and division of matrimonial property referred to in rule 12.9, or

                                 (b)    a statement of claim for division of matrimonial property referred to in rule 12.8.

(2)  A statement of claim for divorce and division of matrimonial property that includes an action for unjust enrichment must set out separately

                                 (a)    the claim under the Divorce Act (Canada) proceeding,

                                 (b)    the claim under the Matrimonial Property Act proceeding, and

                                 (c)    the claim in the action for unjust enrichment.

Statement of defence, counterclaim and demand for notice

12.11(1)  Where a defendant wishes to oppose a statement of claim referred to in this Part, the defendant must file a statement of defence in Form FL‑4.

(2)  Where a defendant wishes to receive notice of any hearing but does not wish to oppose a statement of claim referred to in this Part, the defendant must file a demand for notice in Form 13.

(3)  Where a defendant wishes to file a claim against the plaintiff, the defendant must file

                                 (a)    a counterclaim for divorce in Form FL‑5,

                                 (b)    a counterclaim for division of matrimonial property in Form FL‑6,

                                 (c)    a counterclaim for divorce and division of matrimonial property in Form FL‑7, or

                                 (d)    a counterclaim in Form 21 for unjust enrichment.

Time for service of documents filed under rule 12.11

12.12(1)  A person who files a document in accordance with rule 12.11 must serve the filed document on the plaintiff within the applicable time after service of the statement of claim.

(2)  The applicable time is

                                 (a)    20 days if service is effected in Alberta,

                                 (b)    one month if service is effected outside Alberta but in Canada, and

                                 (c)    2 months if service is effected outside Canada.

Joint proceeding under Divorce Act (Canada)

12.13(1)  Spouses may jointly commence a proceeding under the Divorce Act (Canada) by filing a joint statement of claim for divorce in Form FL‑8.

(2)  A joint statement of claim for divorce need not be served.

(3)  A party may withdraw from a joint proceeding under the Divorce Act (Canada) by filing a notice of withdrawal in Form FL‑9.

(4)  If a party who withdraws from a joint proceeding under the Divorce Act (Canada) wishes to oppose a claim in the joint statement of claim for divorce, that party must, at the time of filing the notice of withdrawal, file a statement of defence as set out in rule 12.11(1).

(5)  If a party who withdraws from a joint proceeding under the Divorce Act (Canada) wishes to receive notice of any hearing but does not wish to oppose the joint statement of claim for divorce, that party must, at the time of filing the notice of withdrawal, file a demand of notice as set out in rule 12.11(2).

(6)  If a party who withdraws from a joint proceeding under the Divorce Act (Canada) wishes to file a claim against the other spouse, that party must, at the time of filing the notice of withdrawal, file a counterclaim as set out in rule 12.11(3).

(7)  A party who withdraws from a joint proceeding under the Divorce Act (Canada) must serve a copy of the filed notice of withdrawal, and any document filed in accordance with rule 12.11, within 20 days of the filing of the notice.

(8)  If a notice of withdrawal is filed under subrule (3), this Part applies to the proceeding under the Divorce Act (Canada) referred to in subrule (1) as if it were not a joint proceeding, except as set out in this rule.

Transfer of divorce proceedings under Divorce Act (Canada) from court outside Alberta

12.14   Where proceedings under the Divorce Act (Canada) are transferred from a court outside Alberta, the transfer must be effected by filing with the court clerk certified copies of all pleadings and orders made in the transferred proceedings, and the transferred proceedings must then be carried forward as if the proceedings had been commenced under these rules.

Central Divorce Registry

12.15   The court clerk must

                                 (a)    complete the forms required by the regulations under the Divorce Act (Canada), and

                                 (b)    forward the forms referred to in clause (a) to the Central Divorce Registry in Ottawa as required by the regulations under the Divorce Act (Canada).

Subdivision 2
Actions Relating to Proceedings
Under the Family Law Act

Starting proceeding under Family Law Act

12.16(1)  Despite rule 3.2(1), a proceeding under the Family Law Act must be started by filing a claim in Form FL‑10.

(2)  Evidence in support of the claim may be provided by filing one or more statements in Forms FL‑34 to FL‑56 or an affidavit, or both.

(3)  If a statement or affidavit is filed to support a claim, the statement or affidavit must be confined to

                                 (a)    a statement of facts within the personal knowledge of the person swearing the statement or affidavit, and

                                 (b)    any other evidence that the person swearing the statement or affidavit could give at trial.

Service of documents filed under rule 12.16

12.17   A claim and any statements or affidavits in support of the claim filed under rule 12.16 must be served on each person named as a respondent in the claim and any person who is required by the Family Law Act to be served in the manner set out in rule 12.55

                                 (a)    20 days or more before the date on which the application is scheduled to be heard or considered if service is effected in Alberta,

                                 (b)    one month or more before the date referred to in clause (a) if service is effected outside Alberta but within Canada, and

                                 (c)    2 months or more before the date referred to in clause (a) if service is effected outside Canada.

Response to proceeding under Family Law Act

12.18(1)  A person required to be served pursuant to rule 12.17 who wishes to respond to a claim must file a response in Form FL‑11.

(2)  Evidence in support of the response may be provided by filing one or more reply statements in Forms FL‑57 to FL‑78 or an affidavit, or both.

(3)  The response may include a request that the Court grant one or more additional orders and, in that event, evidence in support of the request may be provided by filing one or more statements in Forms FL‑34 to FL‑56 or an affidavit, or both.

(4)  If a reply statement or affidavit is filed to support a response, the reply statement or affidavit must be confined to

                                 (a)    a statement of facts within the personal knowledge of the person swearing the reply statement or affidavit, and

                                 (b)    any other evidence that the person swearing the reply statement or affidavit could give at trial.

Service of documents filed under rule 12.18

12.19(1)  A response and any statements, reply statements or affidavits in support of the response filed under rule 12.18 must be served on each person named as an applicant or respondent in the claim and any person required by the Family Law Act to be served.

(2)  The documents referred to in subrule (1) must be served within a reasonable time before the claim is scheduled to be heard or considered, but anything less than 10 days’ notice will be presumed to be prejudicial to any person entitled to be served.

Response to respondent’s request for additional order

12.20   A person required to be served pursuant to rule 12.19 who wishes to respond to the respondent’s request that the Court grant one or more additional orders may file one or more reply statements in Forms FL‑57 to FL‑78 or an affidavit, or both.

Service of documents filed under rule 12.20

12.21(1)  A reply statement or affidavit filed under rule 12.20 must be served on each person named as an applicant or respondent in the claim and any person required by the Family Law Act to be served.

(2)  The documents referred to in subrule (1) must be served within a reasonable time before the claim is scheduled to be heard or considered, but anything less than 5 days’ notice will be presumed to be prejudicial to the person entitled to be served.

New evidence

12.22(1)  In this rule, “new evidence” means evidence that was not available to a party at the time when the party filed and served the party’s statement or reply statement, as the case may be.

(2)  If, subsequent to filing and serving a statement or reply statement, a party wishes to rely on new evidence when the application is heard or considered, the party must file an update statement in Form FL-79, or an affidavit, containing the new evidence.

(3)  The party must serve the party’s update statement or affidavit, as the case may be, on each person named as an applicant or respondent in the claim and any other person required by the Family Law Act to be served, within a reasonable time before the claim is scheduled to be heard or considered.

Questioning on statement, reply statement or affidavit

12.23(1)  A person who makes a statement, reply statement or affidavit in support of a claim or response in a proceeding under the Family Law Act may be questioned by a party adverse in interest.

(2)  A person may be questioned under oath as a witness for the purpose of obtaining a transcript of the person’s evidence required for use at the hearing of a proceeding under the Family Law Act.

(3)  A party may question a person that that party is entitled to question under this rule by serving on the person a notice of appointment for questioning.

(4)  Rules 6.16 to 6.20 and 6.38 apply for the purposes of this rule.

(5)  The questioning party must file the transcript of the questioning unless the parties to the proceeding agree it is not necessary to do so.

Certificate of lawyer

12.24(1)  A lawyer who is required to provide a statement that the lawyer has complied with section 5(1) of the Family Law Act must do so by filing a certificate in Form FL‑12.

(2)  Subrule (1) does not apply where the lawyer is legal counsel for a director under an enactment.

Subdivision 3
Actions Commenced by Originating Application

Exception to rule 3.13(5)

12.25   In an action started by an originating application, where a person is questioned by a party adverse in interest, the questioning party need not file the transcript of the questioning pursuant to rule 3.13(5) if the parties to the proceeding agree it is not necessary to do so.

Application respecting order made by court outside Alberta under Divorce Act (Canada)

12.26(1)  An application to vary, rescind or suspend an order for corollary relief made by a court outside Alberta under the Divorce Act (Canada) must be commenced by filing

                                 (a)    subject to subrule (2), an originating application in accordance with rule 3.8(1),

                                 (b)    a supporting affidavit in accordance with rule 3.8(2), and

                                 (c)    copies of any orders that have been made relating to the corollary relief that is the subject of the application.

(2)  If the order for corollary relief referred to in subrule (1) has been previously filed for the purposes of enforcement in accordance with rule 12.52, the application to vary, rescind or suspend it must be commenced by filing a family application in Form FL‑18 in accordance with rule 12.44.

(3)  Despite rules 3.9 and 12.44(1)(b), the filed documents referred to in subrule (1) or (2) must be served on the respondent

                                 (a)    20 days or more before the date on which the application is scheduled to be heard or considered if service is effected in Alberta,

                                 (b)    one month or more before the date on which the application is scheduled to be heard or considered if service is effected outside Alberta but within Canada, and

                                 (c)    2 months or more before the date on which the application is scheduled to be heard or considered if service is effected outside Canada.

(4)  Despite rule 3.11(1) and 12.44(2), if the respondent to the application under this rule intends to rely on an affidavit or other evidence when the application is heard or considered, the respondent must reply by serving on the applicant a copy of the affidavit or other evidence within a reasonable time before the application is scheduled to be heard or considered, but anything less than 10 days’ notice will be presumed to be prejudicial to the applicant.

(5)  Where the Court grants a variation order under this rule, the court clerk must send a certified copy of the variation order to any court outside Alberta that granted the original order and any other court outside Alberta that has varied the original order.

Applications under Extra‑provincial Enforcement of Custody Orders Act

12.27(1)  An application to register, enforce or vary a custody order under the Extra‑provincial Enforcement of Custody Orders Act must be commenced by filing an originating application in accordance with rule 3.8(1).

(2)  An affidavit may be filed in support of the originating application in accordance with rule 3.8(2).

(3)  Despite rule 3.9, the originating application to vary a custody order referred to in subrule (1) and any affidavit filed in support of the originating application must be served

                                 (a)    20 days or more before the date on which the application is scheduled to be heard or considered if service is effected in Alberta,

                                 (b)    one month or more before the date on which the application is scheduled to be heard or considered if service is effected outside Alberta but within Canada, and

                                 (c)    2 months or more before the date on which the application is scheduled to be heard or considered if service is effected outside Canada.

(4)  Despite rule 3.11(1), if the respondent to an application to vary a custody order referred to in subrule (1) intends to rely on an affidavit or other evidence when the application is heard or considered, the respondent must reply by serving on the applicant a copy of the affidavit or other evidence within a reasonable time before the application is scheduled to be heard or considered, but anything less than 10 days’ notice will be presumed to be prejudicial to the applicant.

Subdivision 4
Actions Relating to Proceedings Under the
Protection Against Family Violence Act

Application of Part 3, Division 2

12.28   Part 3, Division 2 applies to a review of an emergency protection order under this Subdivision.

Affidavit of evidence for review

12.29  Unless the Court orders otherwise, when an emergency protection order is scheduled for review, the claimant and respondent must, if they intend to present affidavit evidence at the review,

                                 (a)    file the affidavit at the judicial centre where the emergency protection order is scheduled for review, and

                                 (b)    serve the affidavit on the other party

within a reasonable time before the review is scheduled to be heard or considered.

Application for Queen’s Bench protection order

12.30  An application for a Queen’s Bench protection order must be made

                                 (a)    by filing an originating application in accordance with rule 3.8(1), or

                                 (b)    where a proceeding has already been commenced, by filing a family application in accordance with rule 12.44(1),

accompanied with an affidavit in support of the application.

Alternative to affidavit

12.31   Despite rule 12.30, an applicant for a Queen’s Bench protection order may, instead of filing an affidavit in support of the application, file a Queen’s Bench protection order questionnaire in Form FL‑13.

Actual notice of protection order

12.32   A respondent is considered to have actual notice of the provisions of an order granted after the review of an emergency protection order or of a Queen’s Bench protection order if

                                 (a)    the respondent was served with a copy of the order,

                                 (b)    the respondent was in attendance in person or by conference telephone call when the order was granted, or

                                 (c)    there are any other circumstances that, in the opinion of the Court, would have provided the respondent with actual notice.

Subdivision 5
Actions Relating to Restraining Orders

Application for restraining order

12.33(1)  An application for a restraining order must be made

                                 (a)    by filing an originating application in accordance with rule 3.8(1), or

                                 (b)    where a proceeding has already been commenced, by filing a family application in accordance with rule 12.44(1),

accompanied with an affidavit in support of the application.

(2)  Despite subrule (1), where an application for a restraining order is made without notice to the respondent, the application may be made by filing either an affidavit in support of the application or Form FL‑14.

Division 4
Managing Litigation

Application of Part 4

12.34(1)  Despite Rule 3.10, Part 4 applies to

                                 (a)    a proceeding under the Family Law Act,

                                 (b)    an application to vary a custody order under the Extra‑provincial Enforcement of Custody Orders Act, and

                                 (c)    an application to vary, suspend or rescind a corollary relief order granted by another court under the Divorce Act (Canada),

except as modified by a rule in this Division.

(2)  Unless the context otherwise provides, a reference in an applicable rule in Part 4

                                 (a)    to a statement of claim must be read to include a reference to a claim under the Family Law Act or an originating application,

                                 (b)    to a statement of defence must be read to include a reference to a response under the Family Law Act or an affidavit made by a respondent in response to an originating application,

                                 (c)    to a plaintiff must be read to include a reference to an applicant, and

                                 (d)    to a defendant must be read to include a reference to a respondent.

Operation of rule 4.34 under this Part

12.35   Rule 4.34 does not operate to stay

                                 (a)    a proceeding under the Divorce Act (Canada), notwithstanding that that proceeding may be combined with a proceeding under the Matrimonial Property Act, or

                                 (b)    an application for exclusive possession of the home or residence under

                                           (i)    the Matrimonial Property Act,

                                          (ii)    the Family Law Act, or

                                         (iii)    the Protection Against Family Violence Act.

Advance payment of costs

12.36   The Court may, in addition to an order under rule 4.22, make any order that it thinks fit for the advance payment of the costs of either party.

Division 5
Disclosure of Information

Application of Part 5

12.37(1)  Despite rule 3.10, Part 5 applies to

                                 (a)    a proceeding under the Family Law Act,

                                 (b)    an application to vary a custody order under the Extra‑provincial Enforcement of Custody Orders Act, and

                                 (c)    an application to vary, suspend or rescind a corollary relief order granted by another court under the Divorce Act (Canada),

except as modified by a rule in this Division.

(2)  Unless the context otherwise provides, a reference in an applicable rule in Part 5

                                 (a)    to a statement of claim must be read to include a reference to a claim under the Family Law Act or an originating application,

                                 (b)    to a statement of defence must be read to include a reference to a response under the Family Law Act or an affidavit made by a respondent in response to an originating application,

                                 (c)    to a plaintiff must be read to include a reference to an applicant, and

                                 (d)    to a defendant must be read to include a reference to a respondent. 

Affidavit of records

12.38(1)  Despite rule 5.5, this rule applies in the following proceedings:

                                 (a)    a proceeding under the Divorce Act (Canada);

                                 (b)    a proceeding that is both a proceeding under the Divorce Act (Canada) and a proceeding under the Matrimonial Property Act;

                                 (c)    a proceeding under the Matrimonial Property Act;

                                 (d)    a proceeding under the Family Law Act;

                                 (e)    an application to vary a custody order under the Extra‑provincial Enforcement of Custody Orders Act;

                                  (f)    an application to vary, suspend or rescind a corollary relief order granted by another court under the Divorce Act (Canada);

                                 (g)    an action for unjust enrichment;

                                 (h)    any other proceeding under this Part where the Court orders that Part 5 applies.

(2)  In order to compel production of an affidavit of records, a party must file and serve a notice to produce an affidavit of records in Form FL‑15 on the party from whom the affidavit of records is required.

(3)  In the proceedings to which this rule applies, every party must serve an affidavit of records on every other party

                                 (a)    within 3 months after the notice referred to in subrule (2) is served,

                                 (b)    in the case of the party serving the notice, within 3 months after service of the first notice, or

                                 (c)    if no notice is served under subrule (2), before the later of

                                           (i)    the filing of Form 37 under rule 8.4 or the scheduling of a trial under rule 8.5, and

                                          (ii)    3 months before the trial date.

(4)  If a party fails to comply with subrule (3), the Court may impose a penalty on that party in accordance with rule 5.12.

(5)  Despite rule 5.20(1), questioning may proceed in accordance with these rules although the questioning party has not served an affidavit of records on the party adverse in interest.

Oral and written questioning

12.39(1)  Despite rule 5.24(b), in the proceedings listed in rule 12.38(1)(a) to (h), a party may question a person both orally and by written questioning in accordance with rule 12.40.

(2)  Where, in any of the proceedings referred to in subrule (1), a person provides an answer or produces a record under rule 5.30, the questioning party may ask questions of that person in respect of that answer or record both orally and by written questioning.

Written interrogatories

12.40(1)  The procedure set out in this rule applies in place of rule 5.28 in the proceedings listed in rule 12.38(1)(a) to (h).

(2)  A party may file a notice to reply to written interrogatories in Form FL‑16, and set out a maximum of 30 numbered and succinct questions to be answered.

(3)  The procedure may only be used once before a final determination has been made in the proceeding.

(4)  If a final determination has been made in the proceeding, the procedure may only be used once in an outstanding application to vary, rescind or suspend an order made in that proceeding.

(5)  A notice filed by a party under subrule (2) must be served on the respondent at least one month before the application is scheduled to be heard or considered as set out in the notice to reply to written interrogatories.

(6)  The answers to the questions must be in the form of an affidavit and must state the questions being answered.

(7)  The affidavit must be filed and served on the applicant within one month after the respondent is served with the notice to reply to written interrogatories.

(8)  If the respondent objects to answering any of the questions set out, the respondent must file and serve on the applicant an affidavit setting out the objection and the reasons for the objection within a reasonable time before the application is scheduled to be heard or considered, but anything less than 10 days’ notice will be presumed to be prejudicial to the applicant.

(9)  An applicant may, in addition to the applicant’s written questions filed under subrule (2), file and serve a further set of written questions arising from the answers provided by the respondent, and subrules (2) to (8) and (11) apply in respect of the written questions under this subrule.

(10)  If the answers to the further written questions referred to in subrule (9) are unsatisfactory, the applicant may apply to the Court for an order that the respondent answer further written questions.

(11)  If the respondent fails to comply with subrule (7) or (8), the Court may

                                 (a)    order the respondent to answer the questions before a specified date, or

                                 (b)    order the respondent to pay costs to the applicant,

and the Court may grant any other remedy the Court considers appropriate.

Notice to disclose documents

12.41(1)  The procedure set out in this rule is in addition to any other disclosure procedure or obligation under any Part of these rules or under any enactment.

(2)  The procedure set out in this rule applies to the proceedings listed in rule 12.38(1)(a) to (h).

(3)  A party may file a notice to disclose, in Form FL‑17, requesting only those documents that are relevant and material to the proceeding.

(4)  If a final determination has been made in a proceeding relating to

                                 (a)    child support,

                                 (b)    spousal support, or

                                 (c)    adult interdependent partner support,

the procedure may be used only once per year without the requirement for a variation application to be commenced.

(5)  Where the notice is filed under subrule (4), only the documents referred to in items 1 to 9 on the form may be requested, unless the Court orders otherwise.

(6)  The notice to disclose under subrule (3) and any documents required to be disclosed to the other party pursuant to subsection 21(1) or 25(4) of the Federal Child Support Guidelines (SOR/97‑175) or section 21(1) or 22(4) of the Alberta Child Support Guidelines (AR 147/2005) must be served on the respondent in the manner set out in rule 12.55 not later than one month before the application is scheduled to be heard or considered as set out in the notice to disclose.

(7)  If the respondent fails to provide the documents requested within one month of being served with the notice to disclose, the Court may

                                 (a)    order the respondent to provide the documents requested in the notice to disclose by a specified date,

                                 (b)    draw an adverse interest against and impute income to the respondent and order the respondent to pay support in an amount the Court considers appropriate, or

                                 (c)    order the respondent to pay costs to the applicant in an amount that fully compensates the applicant for all costs incurred in the proceeding,

and the Court may grant any other remedy the Court considers appropriate.

Request for financial information

12.42(1)  Where a written request for financial information has been made under section 65(1) or (4) of the Family Law Act, the information must be provided within one month after the request is received.

(2)  For the purposes of section 65(1) and (4) of the Family Law Act, the following documents may be requested under this rule:

                                 (a)    with respect to an application or order for child support, those documents listed in section 21(1) of the Alberta Child Support Guidelines (AR 147/2005);

                                 (b)    with respect to an application or order for spousal support or adult interdependent partner support, those documents listed in section 4(1) of the Family Law Act General Regulation (AR 148/2005).

Division 6
Resolving Issues and Preserving Rights

Application of Part 6, Division 1

12.43(1)  Despite rule 6.1(b), Part 6, Division 1 applies to

                                 (a)    a proceeding under the Family Law Act,

                                 (b)    an application to vary a custody order under the Extra‑provincial Enforcement of Custody Orders Act, and

                                 (c)    an application to vary, suspend or rescind a corollary relief order granted by another court under the Divorce Act (Canada),

except as modified by a rule in this Division.

(2)  Unless the context otherwise requires, a reference in a rule in Part 6, Division 1 to an affidavit must be read to include a reference to a statement or a reply statement.

(3)  Despite rule 6.20(5)(b), where under this Part a person is questioned on an affidavit, statement or reply statement in accordance with Part 6, Division 1, Subdivision 5, the questioning party need not file the transcript of the questioning if the parties agree it is not necessary to do so.

Application within course of proceeding

12.44(1)  Unless otherwise specified, an application in the course of a proceeding or action must be made in accordance with Part 6, Division 1, subject to the following requirements:

                                 (a)    the application must be made by filing a family application in Form FL‑18 and an affidavit in support of the application;

                                 (b)    the family application and the affidavit in support must be served on the respondent 5 days or more before the date the application is scheduled to be heard or considered.

(2)  If the respondent to an application referred to in subrule (1) intends to rely on an affidavit or other evidence when the application is heard or considered, the respondent must reply by filing and serving on the applicant a copy of the affidavit or other evidence within a reasonable time before the application is scheduled to be heard or considered.

Application after order or judgment under
Divorce Act (Canada)

12.45(1)  An application

                                 (a)    to vary, suspend or rescind an order of the Court in a proceeding under the Divorce Act (Canada), or

                                 (b)    for corollary relief after the Court has rendered a divorce judgment

must be made by filing a family application in Form FL‑18 accompanied with an affidavit in support of the application in accordance with rule 12.44(1)(a).

(2)  Despite rules 6.3(3) and 12.44(1)(b), the family application and affidavit and any other evidence in support of the application must be served on the respondent in the manner set out in rule 12.55 20 days or more before the date the application is scheduled to be heard or considered.

(3)  Despite rules 6.6(1) and 12.44(2), if the respondent to the application intends to rely on an affidavit or other evidence when the application is heard or considered, the respondent must reply by serving on the applicant a copy of the affidavit or other evidence within a reasonable time before the date the application is scheduled to be heard or considered, but anything less than 10 days’ notice will be presumed to be prejudicial to the applicant.

Provisional order to vary a support order under
Divorce Act (Canada)

12.46(1)  An application made pursuant to section 18 of the Divorce Act (Canada) for a provisional order to vary a support order must be started

                                 (a)    in accordance with rule 12.44(1), where the divorce judgment was granted in Alberta, or

                                 (b)    in accordance with rule 12.26(1), where the divorce judgment was granted by a court outside Alberta,

and must be accompanied with the required provisional order information in Form FL‑19.

(2)  Where the Court makes a provisional order under section 18 of the Divorce Act (Canada), the provisional order must be marked “Provisional” and must contain a clause indicating it is of no force or effect until confirmed.

(3)  Where a provisional order referred to in subrule (2) is filed, the court clerk must, on behalf of the Court, forward to the Attorney General for Canada

                                 (a)    the material required to be forwarded under subsection 18(3) of the Divorce Act (Canada), and

                                 (b)    a copy of any material in support of the application for the provisional order that is not included in the material referred to in clause (a).

(4)  Where a provisional order is remitted back to the Alberta Court under subsection 18(5) of the Divorce Act (Canada) for further evidence, the court clerk must send to the applicant by ordinary mail a notice of a court date for the applicant to provide that further evidence to the Court.

(5)  Where the Court receives a confirmation order in respect of the provisional order referred to in subrule (2), the court clerk must send a copy of the confirmation order to the applicant by regular mail.

Confirmation hearing

12.47(1)  Where the Court receives a provisional order for confirmation in a proceeding under the Divorce Act (Canada), the court clerk must serve the respondent with

                                 (a)    a notice of confirmation hearing in Form FL‑20, and

                                 (b)    the documents, including the provisional order for confirmation, received from the other jurisdiction,

and may also serve a notice to disclose in Form FL‑17 in accordance with rule 12.41.

(2)  Where the Court makes an order under subsection 19(6) or 19(8) of the Divorce Act (Canada) that further evidence from the applicant is required, the court clerk must provide a copy of the order to the court that made the provisional order and to the applicant by ordinary mail.

(3)  Where the Court receives the applicant’s further evidence, the court clerk must serve the respondent with the evidence and with

                                 (a)    a notice of confirmation hearing in Form FL‑20 if no adjournment date was set by the Court when the Court made the order referred to in subrule (2), or

                                 (b)    a reminder of the confirmation hearing date if an adjournment date was set by the Court when the Court made the order referred to in subrule (2).

(4)  Unless otherwise ordered, the court clerk must provide to the Attorney General for Canada and to the courts entitled under subsection 19(12) of the Divorce Act (Canada)

                                 (a)    a copy of any orders granted pursuant to subsection 19(7), (9) or (9.1) of the Divorce Act (Canada),

                                 (b)    a copy of any evidence given by the respondent, and

                                 (c)    the Court’s reasons, if required by paragraph 19(12)(c) of the Divorce Act (Canada).

Division 7
Resolving Claims Without Full Trial

Availability of application for summary judgment

12.48   Despite rule 7.3, an application for summary judgment

                                 (a)    is not available in

                                           (i)    a proceeding under the Divorce Act (Canada), notwithstanding that the corollary relief has been severed,

                                          (ii)    a proceeding that is both a proceeding under the Divorce Act (Canada) and a proceeding under the Matrimonial Property Act, or

                                         (iii)    a proceeding under the Family Law Act,

                                     but

                                 (b)    is available in proceedings under the Matrimonial Property Act, including a proceeding under the Matrimonial Property Act that was combined with a proceeding under the Divorce Act (Canada) and then separated from the proceeding under the Divorce Act (Canada) under rule 3.71.

Evidence in summary trials

12.49   An application for leave of the Court to adduce oral evidence in a summary trial must be made before the date of the summary trial and on notice to the other party.

Divorce without appearance by parties or counsel

12.50(1)  A party may apply for a judgment of divorce pursuant to this rule with such corollary relief as is claimed in the statement of claim or counterclaim where

                                 (a)    both parties have consented to the matter proceeding under this rule,

                                 (b)    the defendant has not filed and served a statement of defence or a demand for notice pursuant to rules 12.11 and 12.12 and has been noted in default,

                                 (c)    the Court, on application by either party, orders that the matter proceed under this rule, or

                                 (d)    a joint statement of claim for divorce has been filed under rule 12.13(1) and no party has subsequently filed a notice of withdrawal.

(2)  The consent of a self‑represented litigant to proceed under this rule must be accompanied with an affidavit of execution.

(3)  A party may apply for a judgment of divorce and corollary relief by filing the following:

                                 (a)    a request for divorce in Form FL‑21 or, where a joint statement of claim for divorce has been filed under rule 12.13(1), a joint request for divorce in Form FL‑22, requesting the rendering of a judgment without an oral hearing being held;

                                 (b)    an affidavit of the applicant in Form FL‑23 or, where a joint statement of claim for divorce has been filed under rule 12.13(1), a joint affidavit of the applicants in Form FL‑24;

                                 (c)    the proposed divorce judgment in Form FL‑25 or divorce judgment and corollary relief order in Form FL‑26;

                                 (d)    in the case where a party does not have a solicitor, a stamped envelope addressed to that party at the address shown in the affidavit of the applicant.

(4)  Where the court clerk

                                 (a)    has received documents referred to in subrule (3), and

                                 (b)    is satisfied that those documents meet the requirements of these rules and the practice of the Court,

the court clerk must place those documents before the Court.

(5)  On considering the documents referred to in subrule (3), the Court may do one or more of the following:

                                 (a)    render any judgment to which the parties are entitled;

                                 (b)    direct an appearance before the Court;

                                 (c)    direct that further evidence be presented;

                                 (d)    direct the applicant to enter the case for trial on oral evidence;

                                 (e)    grant any other order or give any other direction that the Court considers appropriate.

(6)  The Court may grant any corollary relief that has been agreed on or consented to, whether or not a request for that relief was made in the statement of claim or counterclaim.

(7)  On hearing an application under subrule (1)(c), the Court may

                                 (a)    refuse to allow the matter to proceed under this rule, and in doing so the Court may make any further order or give any other direction that the Court considers appropriate,

                                 (b)    authorize the applicant to proceed under this rule without any further notice to the other party, or

                                 (c)    in a case where corollary relief has been claimed but not resolved, authorize the applicant to sever the corollary relief and then proceed under this rule with regard to the application for a divorce judgment, and in doing so the Court may make any further order or give any other direction that the Court considers appropriate.

(8)  On a divorce judgment being rendered and entered, the court clerk must mail a copy of the divorce judgment to each person in respect of whom an envelope is supplied by the applicant under subrule (3)(d).

(9)  A judge is not seized with any proceeding merely by exercising the powers set out in subrule (5) or (7).

Division 8
Trial

Appearance before the Court

12.51   In a proceeding under the Family Law Act , the Court may, whether or not the respondent has complied with rules 12.18 and 12.19,

                                 (a)    decide all or part of the matter on an interim or final basis,

                                 (b)    adjourn all or part of the matter to a later date, or

                                 (c)    set all or part of the matter down for a short oral hearing or trial,

and the Court may give any direction and grant any interim or procedural order that the Court considers appropriate.

Division 9
Judgments and Orders

Enforcement of order made by court outside Alberta under Divorce Act (Canada)

12.52   Where an order has been made by a court outside Alberta under sections 15.1, 15.2, 16 or 17 or subsections 19(7), 19(9) or 19(9.1) of the Divorce Act (Canada), the registration of that order must be effected by filing with a clerk of the Court of Queen’s Bench a certified copy of that order, and on that being done the order must be entered as an order of the Court of Queen’s Bench.

Form of orders

12.53   Where the Court grants

                                 (a)    a divorce judgment, the order must be in Form FL‑25,

                                 (b)    a divorce judgment and corollary relief order, the order must be in Form FL‑26 and include the relevant provisions respecting corollary relief from Form FL‑27,

                                 (c)    an order for corollary relief, the order must be in Form FL‑27,

                                 (d)    a variation order, the order must be in Form FL‑28, and include the relevant provisions respecting corollary relief from Form FL‑27,

                                 (e)    an order for exclusive possession of the home or residence under the Matrimonial Property Act or the Family Law Act, the order must be in Form FL‑29,

                                  (f)    a restraining order without notice, the order must be in Form FL‑30, and

                                 (g)    a restraining order with notice, the order must be in Form FL‑31.

Certificate of divorce

12.54(1)  After a divorce judgment takes effect, any person may request a certificate of divorce.

(2)  Where a request for a certificate of divorce is received by the court clerk and the court clerk is satisfied that no appeal from the divorce judgment is pending, the court clerk must issue a certificate of divorce in Form FL‑32.

Division 10
Service of Documents

Service of documents

12.55(1)  Despite Part 11, Division 2, unless the Court otherwise orders, the following documents must be served by leaving a copy with the individual being served and not on the individual’s lawyer of record, if any:

                                 (a)    a statement of claim for divorce and a statement of claim for divorce and division of matrimonial property;

                                 (b)    a notice of withdrawal under rule 12.13(3) and any document filed under rule 12.13(4), (5) or (6);

                                 (c)    a statement of claim for division of matrimonial property;

                                 (d)    a family application to vary, rescind or suspend an order for corollary relief after a divorce judgment has been rendered and any affidavit in support of the application;

                                 (e)    a family application for corollary relief after a divorce judgment has been rendered and any affidavit in support of the application;

                                  (f)    a claim under the Family Law Act, including an application to vary, rescind or suspend an order made under the Family Law Act, and any statement or affidavit in support of the application;

                                 (g)    a notice to disclose where a final determination has been made in a proceeding relating to

                                           (i)    child support,

                                          (ii)    spousal support, or

                                         (iii)    support for an adult interdependent partner.

(2)  Service of the documents referred to in subrule (1)(a) must be made by a person other than the plaintiff.

Address for service

12.56   The address for service of an individual who is not represented by a lawyer of record and is not required to be served in accordance with rule 12.55 is the most recent of

                                 (a)    an address provided to the Court and all other parties by the individual in writing,

                                 (b)    an address provided on the record during a Court appearance, and

                                 (c)    the address provided in the most recently filed document in the proceeding.

Proof of service

12.57   Proof of the service of a statement of claim for divorce or a statement of claim for divorce and division of matrimonial property must include a picture of the individual served, unless the Court otherwise orders.

Rules that do not apply

12.58   Rule 11.25(1) does not apply to service of

                                 (a)    a statement of claim for divorce, or

                                 (b)    a statement of claim for divorce and division of matrimonial property.

Division 11
Appeals

Subdivision 1
Appeal from Divorce Judgment

Appeal from divorce judgment

12.59   Notwithstanding Part 14 and rule 13.5,

                                 (a)    no appeal lies from a judgment granting a divorce on or after the day on which the divorce takes effect, and

                                 (b)    subject to the Court of Appeal or a judge of the Court of Appeal extending the time, no appeal lies from an order made in a divorce proceeding more than one month after the day on which the order was made.

Subdivision 2
Appeals Under the Family Law Act

Appeal from decision of Court of Queen’s Bench sitting as original court

12.60(1)  Subject to subrule (2), a decision of the Court sitting as an original court under the Family Law Act may be appealed to the Court of Appeal in accordance with Part 14.

(2)  Notwithstanding Rule 506 of the Alberta Rules of Court (AR 390/68), the notice of appeal must be filed and served

                                 (a)    within one month following the date on which the order being appealed was pronounced, or

                                 (b)    if the appellant is able to establish to the Court’s satisfaction the date on which the appellant received notice of the order, within one month following that date.

Appeal from Provincial Court order to Court of Queen’s Bench

12.61(1)  To appeal an order of the Provincial Court to the Court of Queen’s Bench pursuant to section 9 of the Provincial Court Procedures (Family Law) Regulation (AR 149/2005), a party must

                                 (a)    file a notice of appeal in Form FL‑33 with the Court of Queen’s Bench court clerk at the judicial centre where the appeal is to be heard, and

                                 (b)    serve a copy of the filed notice of appeal on the respondent in accordance with rule 11.5 or as directed by the Court of Queen’s Bench.

(2)  The notice of appeal must be filed and served

                                 (a)    within one month following the date on which the order being appealed was pronounced, or

                                 (b)    if the appellant is able to establish to the Court’s satisfaction the date on which the appellant received notice of the order, within one month following that date.

Duty of court clerks

12.62(1)  The Court of Queen’s Bench court clerk must promptly give a copy of the notice of appeal filed under rule 12.61 to the clerk of the Provincial Court that made the order.

(2)  Immediately on receipt of the notice of appeal filed under rule 12.61, the clerk of the Provincial Court must forward the order, together with the filed documents relating to the order, including exhibits, to the Court of Queen’s Bench court clerk.

Transcript

12.63(1)  The appellant must

                                 (a)    order and pay for a transcript of the hearing before the Provincial Court, and

                                 (b)    at the time of filing of the notice of appeal pursuant to rule 12.61, provide to the Court of Queen’s Bench court clerk a receipt evidencing the ordering of the transcript.

(2)  The appellant must file a copy of the transcript with the Court of Queen’s Bench court clerk and serve a copy on the respondent not later than 3 months following the filing of the notice of appeal unless an order has been made by a judge of the Court of Queen’s Bench prior to the expiration of the 3‑month period extending the time for filing the transcript.

Filing of affidavits of service

12.64   The appellant must file a copy of the affidavit of service of the notice of appeal filed under rule 12.61 and the transcript of the hearing before the Provincial Court.

Non‑compliance by appellant

12.65(1)  If the appellant does not comply with rule 12.63(2), the Court must order that the appeal be dismissed, with or without costs, without further notice to the appellant.

(2)  The Court may, on application, reinstate an appeal that has been dismissed under this rule.

Speaking to list

12.66   Unless otherwise directed by the Court, before the hearing of the appeal pursuant to rule 12.61 is scheduled the parties must appear before the Court

                                 (a)    to agree on a date and time for the hearing of the appeal,

                                 (b)    to receive direction from the Court regarding the manner in which the appeal will be heard, and

                                 (c)    to address any other preliminary matters that may need to be decided before the hearing of the appeal, including the evidence that the Court may allow the parties to present at the hearing.

Scheduling appeal

12.67   On receiving all necessary documents, transcripts and affidavits of service, and on being satisfied that the appellant has complied with rule 12.63, the Court of Queen’s Bench court clerk must

                                 (a)    schedule the hearing of the appeal, and

                                 (b)    if directed by the Court, send notice of the date, time and place to all parties by recorded mail at least one month before the date fixed for the hearing of the appeal.

Evidence

12.68   The documents provided by the clerk of the Provincial Court pursuant to rule 12.62(2) and the transcript of the hearing before the Provincial Court form the record for the hearing of the appeal, and no other evidence may be considered by the Court unless otherwise ordered by the Court.

Appeal memoranda

12.69(1)  The appellant must, not later than noon on the 20th day before the date scheduled for the hearing of the appeal, file and serve on the respondent an appeal memorandum setting out

                                 (a)    the facts in brief,

                                 (b)    the relief sought by the appellant,

                                 (c)    the argument and authorities on which the appellant intends to rely in support of the grounds set out in the notice of appeal, and

                                 (d)    particular references to the evidence to be discussed in relation to the grounds or arguments.

(2)  The respondent must, not later than noon on the 10th day before the date scheduled for the hearing of the appeal, file and serve on the appellant an appeal memorandum setting out

                                 (a)    the respondent’s position on the relief sought by the appellant,

                                 (b)    the relief, if any, sought by the respondent by way of cross appeal,

                                 (c)    the argument and authorities on which the respondent intends to rely, and

                                 (d)    particular references to the evidence to be discussed in relation to the grounds or arguments.

Powers of Court on appeal

12.70   After hearing the appeal, the Court may do one or more of the following:

                                 (a)    confirm the order of the Provincial Court;

                                 (b)    set aside the order of the Provincial Court;

                                 (c)    make any order that the Provincial Court could have made;

                                 (d)    direct the Provincial Court to conduct a new hearing.

Appeal from decision of Court of Queen’s Bench
sitting as appeal court

12.71(1)  No appeal lies to the Court of Appeal from a decision of the Court of Queen’s Bench sitting as an appeal court for decisions made under the Family Law Act except on a question of law or jurisdiction, or both, with leave of a judge of the Court of Appeal.

(2)  Part 14 and subrule (3) apply in respect of an appeal under subrule (1).

(3)  Notwithstanding Rule 506 of the Alberta Rules of Court (AR 390/68), the notice of appeal must be filed and served

                                 (a)    within one month following the date on which the order being appealed was pronounced, or

                                 (b)    if the appellant is able to establish to the Court’s satisfaction the date on which the appellant received notice of the order, within one month following that date.

Part 13
Technical Rules

Division 1
Judge Unable to Continue

When one judge may act in place of or replace another

13.1   One judge may act in place of or replace another judge if

                                 (a)    that other judge dies,

                                 (b)    that other judge ceases to be a judge, or

                                 (c)    it is inconvenient, improper, inappropriate or impossible for that other judge to act.

Division 2
Calculating Time

Application of these rules for calculating time

13.2   This Division describes how to calculate periods of time and applies to

                                 (a)    these rules, and

                                 (b)    judgments and orders.

Counting days

13.3   When counting to or from an event or activity in days, the date on which the event or activity occurs is not counted.

Counting months and years

13.4(1)  When counting to or from a date in months, time is calculated from the date on which the event or activity occurs in the month to the same-numbered day in a subsequent or previous month, as the case requires.

(2)  If the count ends on the 29th, 30th or 31st and there is no same-numbered date in the subsequent or previous month, the count ends on the last day of the subsequent or previous month, as the case requires.

(3)  When counting to or from an event or activity in years, time is calculated from the date on which the activity or event occurs in a year to the same-numbered date in a subsequent or previous year, as the case requires.

(4)  If the count starts on February 29 and there is no February 29 in the subsequent or previous year, then the count ends on February 28 of the subsequent or previous year, as the case requires.

Variation of time periods

13.5(1)  Unless the Court otherwise orders or a rule otherwise provides, the parties may agree to extend any time period specified in these rules.

(2)  The Court may, unless a rule otherwise provides, stay, extend or shorten a time period that is

                                 (a)    specified in these rules,

                                 (b)    specified in an order or judgment, or

                                 (c)    agreed on by the parties.

(3)  The order to extend or shorten a time period may be made whether or not the period has expired.

Division 3
Pleadings

Pleadings:  general requirements

13.6(1)  A pleading must be

                                 (a)    succinct, and

                                 (b)    divided into consecutively numbered paragraphs, with dates and numbers expressed in numerals unless words or a combination of words and numerals makes the meaning clearer.

(2)  A pleading must state any of the following matters that are relevant:

                                 (a)    the facts on which a party relies, but not the evidence by which the facts are to be proved;

                                 (b)    a matter that defeats, or raises a defence to, a claim of another party;

                                 (c)    the remedy claimed, including

                                           (i)    the type of damages claimed,

                                          (ii)    to the extent known, the amount of general and special damages claimed, or if either or both are not known, an estimate of the amount or the total amount that will be claimed,

                                         (iii)    a statement of any interest claimed, including the basis for the interest, and the method of calculating the interest, and

                                         (iv)    costs, including any known special costs.

(3)  A pleading must also include a statement of any matter on which a party intends to rely that may take another party by surprise, including, without limitation, any of the following matters:

                                 (a)    breach of trust;

                                 (b)    duress;

                                 (c)    estoppel;

                                 (d)    fraud;

                                 (e)    illegality or invalidity of a contract, including the grounds;

                                  (f)    malice or ill will;

                                 (g)    misrepresentation;

                                 (h)    payment;

                                  (i)    performance;

                                  (j)    release;

                                 (k)    undue influence;

                                  (l)    voluntary assumption of risk;

                                (m)    waiver;

                                 (n)    lack of capacity or authority;

                                 (o)    wilful default;

                                 (p)    tender of payment;

                                 (q)    a limitation period;

                                  (r)    a provision of an enactment.

(4)  If the defendant proposes to produce evidence about the plaintiff’s reputation in mitigation of damages, the defendant must include in a pleading the facts on which the defendant intends to rely.

Pleadings:  other requirements

13.7   A pleading must give particulars of any of the following matters that are included in the pleading:

                                 (a)    breach of trust;

                                 (b)    fraud;

                                 (c)    misrepresentation;

                                 (d)    wilful default;

                                 (e)    undue influence;

                                  (f)    defamation.

Pleadings:  other contents

13.8(1)  A pleading may include all or any of the following:

                                 (a)    alternative claims or defences;

                                 (b)    a statement of a point of law, and if so, the facts that make the point of law applicable;

                                 (c)    a matter that arose after the commencement document was filed.

(2)  A general or other remedy claimed by a party need not be claimed in a pleading.

Defence of tender

13.9   Tender before action may not be pleaded as a defence in an action unless, before the defence is filed, the defendant pays into Court the amount alleged to have been tendered.

Pleadings:  specific requirements for replies

13.10   In addition to the other requirements of these rules, in a reply to

                                 (a)    a statement of defence,

                                 (b)    a statement of defence to a counterclaim, or

                                 (c)    a statement of defence to a third party claim,

the reply may only make admissions or respond to matters raised for the first time in the statement of defence.

Pleadings:  specific requirements for class proceedings

13.11(1)  The title of a proceeding under the Class Proceedings Act must include the words “Brought under the Class Proceedings Act” immediately below the listed parties

                                 (a)    if it is intended, when the proceeding starts, that a certification order will be sought under the Act, or

                                 (b)    if a certification order is subsequently made in respect of the proceeding under the Act.

(2)  If a certification order is refused in respect of the proceeding or the proceeding is decertified, the words “Brought under the Class Proceedings Act” must not be included in the title in any subsequent pleadings and documents filed in the proceeding.

Pleadings:  denial of facts

13.12(1)  Every fact in a pleading is denied if the fact is not admitted in another pleading filed by a party opposite in interest.

(2)  A denial of a fact in a pleading must meet the point of substance.

Division 4
Filed Documents

Subdivision 1
Contents and Filing

Requirements for all filed documents

13.13(1)  Every document filed in an action must be in the appropriate form set out in Schedule A, Division 1 to these rules, if any, which may be modified as circumstances require.

(2)  Whether or not a form is prescribed, each document must begin with the following:

                                 (a)    the name of the Court;

                                 (b)    the name of the judicial centre;

                                 (c)    the names of the parties as determined by subrules (3) and (4);

                                 (d)    the action number;

                                 (e)    the nature of the document;

                                  (f)    an address for service of documents;

                                 (g)    the name, address and contact information of the party or lawyer of record who prepared the document;

                                 (h)    once filed, the date the document was filed;

                                  (i)    anything required by these rules to be included.

(3)  The names of all the parties must be used in

                                 (a)    a commencement document,

                                 (b)    a document that changes any party,

                                 (c)    an order, judgment or pronouncement of the Court that grants relief, or

                                 (d)    a document that in the opinion of the person filing the document should contain the names of all the parties.

(4)  In any document other than those specified in subrule (3), the names of the first 4 parties of any group that contains more than 4 parties may be used, with the remainder being omitted and replaced by the words “and others”.

(5)  Every document filed and every exhibit to an affidavit must be legible.

(6)  When a document is filed, the court clerk must retain the original of the document.

Endorsements on documents

13.14(1)  When the court clerk is presented with a commencement document for filing, the court clerk must

                                 (a)    endorse on the document an action number assigned to the action by the court clerk, and the date that the document is filed,

                                 (b)    ensure that the document to be filed has endorsed on it the name of the judicial centre where the document is filed, and

                                 (c)    stamp the document as filed.

(2)  If a lawyer is acting for a person on whose behalf the action is started, when the court clerk is presented with a commencement document for filing, the court clerk must ensure that the lawyer has endorsed on the document

                                 (a)    the name and address of the law firm,

                                 (b)    the name of the lawyer in the law firm in charge of the action, and

                                 (c)    the lawyer’s telephone number.

(3)  When the court clerk is presented with a statement of defence or a demand for notice for filing, the court clerk must ensure that the document has endorsed on it

                                 (a)    the name of the person filing the document and, if the person filing the document is a lawyer, the same information as is required under subrule (2)(a) to (c), and

                                 (b)    the defendant’s address for service.

(4)  When the court clerk is presented with a document that is to be filed in an action after the action has started, the court clerk must

                                 (a)    endorse on the document the date that the document is filed, and

                                 (b)    ensure that the document to be filed has endorsed on it

                                           (i)    the name of the judicial centre at which the document is filed, and

                                          (ii)    the appropriate action number.

(5)  If the court clerk is presented with a document that is to be filed after an action has started, the court clerk must also, if a lawyer is acting in respect of the person on whose behalf the document is filed, ensure that the lawyer has endorsed on the document the same information as is required under subrule (2)(a) to (c).

(6)  When a document is filed, the court clerk must note in the Court file, under the action number assigned to the action by the court clerk, the fact that the document was filed.

When document is filed

13.15   A document is filed when the court clerk of the judicial centre acknowledges on the document that the document is filed in the action.

Deviations from and changes to prescribed forms

13.16   A prescribed form or a document prepared in place of a prescribed form is not invalidated nor is there any contravention of these rules if there is a deviation from or an addition to or omission from the form or document that

                                 (a)    does not adversely affect the substance of the information required to be provided or that the Court requires to be provided, and

                                 (b)    is not intended to mislead.

Amendments to records other than commencement documents, pleadings or affidavits

13.17   If the Court orders that an amendment be made to a document or other record filed with the Court, other than a commencement document, pleading, or affidavit,

                                 (a)    a note of the amendment must be attached to, made on, or made in the document or record,

                                 (b)    the amendment must

                                           (i)    be dated and identified, and each amended version must be identified, and

                                          (ii)    be endorsed by the court clerk in the following form:

                                                           Amended on [date] by [order]

                                                           Dated . . .

                                     and

                                 (c)    except as required by this rule, the document or other record must not be otherwise physically altered.

Subdivision 2
Form and Contents of Affidavits and Exhibits

Types of affidavit

13.18(1)  An affidavit may be sworn

                                 (a)    on the basis of personal knowledge, or

                                 (b)    on the basis of information known to the person swearing the affidavit and that person’s belief.

(2)  If an affidavit is sworn on the basis of information and belief, the source of the information must be disclosed in the affidavit.

(3)  If an affidavit is used in support of an application that may dispose of all or part of a claim, the affidavit must be sworn on the basis of the personal knowledge of the person swearing the affidavit.

Requirements for affidavits

13.19(1)  In addition to complying with rule 13.13, an affidavit under these rules must comply with all of the following:

                                 (a)    be in Form 49,

                                 (b)    state, on the front page, the full name of the people swearing the affidavit and the date the affidavit was sworn,

                                 (c)    state the place of residence of the person swearing the affidavit,

                                 (d)    be written in the first person,

                                 (e)    be divided into consecutively numbered paragraphs, with dates and numbers expressed in numerals unless words or a combination of words and numerals makes the meaning clearer,

                                  (f)    be signed or acknowledged and sworn before a person empowered to administer oaths, whether that person prepared the affidavit or not,

                                 (g)    contain a statement of when, where and before whom the affidavit was sworn, and

                                 (h)    be signed by the person administering the oath.

(2)  An affidavit is not invalid or otherwise improper just because it was sworn before a commencement document was filed.

Changes in affidavits

13.20   An affidavit with an insertion, alteration or erasure must not be used without the Court’s permission unless the insertion, alteration or erasure is authenticated by the initials of the person administering the oath.

Requirements for exhibits to affidavit

13.21(1)  A record to be used with an affidavit must be

                                 (a)    an exhibit to the affidavit, and

                                 (b)    identified by a certificate of the person administering the oath.

(2)  If the total number of pages of an affidavit and attached exhibits is 25 or more,

                                 (a)    the exhibits must be separated by tabs, and the pages within each tab must be numbered consecutively, or

                                 (b)    the pages of the affidavit and all exhibits must be consecutively numbered using a single series of numbers.

(3)  An exhibit to an affidavit must be attached or appended to the affidavit when the affidavit is filed unless

                                 (a)    the exhibit is unduly large or bulky and can be adequately identified,

                                 (b)    the exhibit has already been filed and is identified, or

                                 (c)    the Court otherwise orders.

Affidavits by visually impaired or those unable to read

13.22(1)  If it seems to the person administering the oath that the person swearing the affidavit is visually impaired or unable to read, the person administering the oath must read the affidavit to the person swearing the affidavit and certify that

                                 (a)    the affidavit was read to the person,

                                 (b)    the person seemed to understand it, and

                                 (c)    the person signed the affidavit or made the person’s mark in the presence of the person administering the oath.

(2)  The affidavit must not be used in evidence without the certification referred to in subrule (1) unless the Court is satisfied that the affidavit was read to, and appeared to be understood by, the person swearing it.

Understanding affidavit

13.23(1)  If it seems to the person administering the oath that the person swearing a written affidavit does not understand the language in which the affidavit is written, before the affidavit is sworn the contents of the affidavit must be translated for the person swearing the affidavit by a person competent to do so.

(2)  Before the affidavit is translated, the translator must be sworn to accurately translate the affidavit and oath.

(3)  The person administering the oath must certify as to the person’s belief that the affidavit was translated for the person swearing the affidavit by the sworn translator.

(4)  Unless otherwise permitted by the Court, a sworn affidavit that is not in the English language must be translated into English by a translator competent to do so and, when the affidavit is filed, be accompanied with a certificate of the translator that the translation is accurate and complete.

More than one individual swearing affidavit

13.24   An affidavit may be made by 2 or more individuals and that fact must be stated in the statement of when, where and before whom the affidavit was sworn.

Use of filed affidavits

13.25   In an application or proceeding in an action, a party may use and refer to any affidavit filed in the action.

Exhibits:  filing and return

13.26(1)  Exhibits filed with the court clerk must

                                 (a)    be dated and numbered,

                                 (b)    indicate the parties involved in the action, application or proceeding for which the exhibit is filed, and

                                 (c)    state who owns the exhibit and by whom the exhibit is filed.

(2)  A list of exhibits filed in an action, application or proceeding, briefly describing the exhibits and who filed them, must be noted in the Court file.

(3)  After the time for an appeal has expired, the court clerk may, subject to any order, return a record or exhibit to the owner or person who filed it.

(4)  The court clerk may destroy or dispose of a record or exhibit if the court clerk

                                 (a)    gives at least 3 months’ written notice by ordinary mail to the owner or person who filed it of the court clerk’s intention to destroy or dispose of the record or exhibit, and

                                 (b)    receives no response to the notice by the end of the notice period given under clause (a).

Subdivision 3
Lost and Concurrent Documents, Certified Copies,
Authenticated Photographs and Video Recordings

Lost documents

13.27   If a commencement or other document has been lost, the court clerk, if satisfied of the loss and of the correctness of a copy of the document, may certify the copy, which may be used in place of the original.

Concurrent document

13.28(1)  During the validity of a commencement document, the court clerk may issue a concurrent document, which is in force during the validity of the original document.

(2)  The concurrent document must have the same date as the original document and must be marked “concurrent” with the date of issue of the concurrent document.

Certified copies of original records

13.29(1)  The Court may give directions

                                 (a)    respecting the preparation of a certified copy of an original record that has been filed, and

                                 (b)    if necessary, the use of the certified copy in place of the original record in an action, application or proceeding.

(2)  The court clerk may certify or authenticate any document in the court file.

(3)  The certified copy of an original record is admissible in evidence to the same extent as the original.

Authenticated photographs of personal property

13.30(1)  If a party wishes to put personal property in evidence, the party may, in addition to or in substitution for the property, file one or more photographs

                                 (a)    if permitted or directed by the Court, or

                                 (b)    with the agreement of every other party.

(2)  The party filing the photographs must provide an accompanying certificate by the photographer certifying its authenticity and, with respect to each photograph,

                                 (a)    the date, time and place where the photograph was taken;

                                 (b)    the photographer’s name;

                                 (c)    whether the photograph has been modified, enhanced or altered in any way, or otherwise tampered with;

                                 (d)    any other matter directed by the Court.

(3)  An authenticated photograph filed under this rule must be treated by the Court in the same manner as if the personal property had been received in evidence, but if in the Court’s opinion the quality or content of a photograph is not adequate, the Court may

                                 (a)    direct that the photograph not be used, or

                                 (b)    give any other direction the Court considers appropriate in the circumstances.

Video recordings in place of transcripts

13.31   If the parties agree or the Court orders that a video recording be made instead of a transcript, the person operating the video recording device that records the questioning must give a certificate containing the following:

                                 (a)    the name and address of the person giving the certificate,

                                 (b)    the date, time and place of the video recording,

                                 (c)    the names of the persons questioned and the persons doing the questioning,

                                 (d)    whether the video recording is of the entire questioning or only a portion of it, and

                                 (e)    any other information required by the Court.

Division 5
Payment of Fees and Allowances,
and Waivers of Fees

Fees and allowances

13.32(1)  In every action, application or proceeding in Court, there must be paid to the appropriate court officer or other appropriate person the fee specified, referred to or determined in accordance with Schedule B unless the court clerk waives the fee, in whole or in part, in accordance with guidelines, if any, established or adopted by the Minister of Justice and Attorney General for persons unable to pay fees.

(2)  Except for fees for transcripts, the fees referred to in subrule (1) are payable in advance unless the court clerk otherwise permits or the Court otherwise orders.

Uncertainty of amount of fees and allowances

13.33(1)  If the amount of a fee, allowance or other amount is uncertain or impossible to determine, the fee or amount may be estimated by the court clerk and adjusted when the fee or amount is fixed by a judge.

(2)  When a person is paid or given an allowance before actual attendance at an application or proceeding conducted under these rules, the person is entitled to receive any additional sum that is determined to be payable after completion of the attendance.

(3)  When a party is permitted or required to pay an allowance, that party may have the amount fixed by an assessment officer without notice to any other person, subject to adjustment after completion of the actual attendance.

Fee accounts

13.34   The court clerk may establish and operate accounts for the purpose of allowing lawyers to charge fees or other amounts to the account and for the court clerk to send an invoice for fees and other amounts as required.

Fee exemption

13.35(1)  A peace officer is exempt from the payment of fees or other amounts under Schedule B for the search of a name, the inspection of a file or a copy or the certification of a document when the court service is required in the execution or discharge of the peace officer’s duties.

(2)  In this rule, “peace officer” means a peace officer as defined in the Provincial Offences Procedures Act.

Fee waiver:  legal aid

13.36(1)  In this rule,

                                 (a)    “certificate” means a Legal Aid Certificate issued by the Legal Aid Society of Alberta;

                                 (b)    “document” means any document that may be filed for which a fee is payable under item 1 of Schedule B.

(2)  A court clerk who is requested to file a document must waive the filing fee otherwise payable if presented with a subsisting certificate issued in respect of the person for whom the document is to be filed.

(3)  If a document was filed in an action before a certificate is issued in respect of the person for whom the document was filed, the fee paid for filing the document may not be waived under this rule.

Fee waiver:  restraining orders

13.37(1)  In this rule, “restraining order” means a restraining order  in respect of an interpersonal matter between individuals or a protection order under the Protection Against Family Violence Act and includes the costs associated with respect to that restraining order or protection order.

(2)  If a court clerk files a commencement document in which the remedy claimed is a restraining order, the court clerk must waive the fee payable under item 1 of Schedule B.

(3)  Despite subrule (2), the fee referred to in subrule (2) must not be waived if any remedy, other than or in addition to a restraining order, is being sought in respect of the matter for which the document is being filed.

(4)  A fee that was waived becomes immediately payable if the party in respect of whom the fee was waived claims or seeks a remedy in respect of the matter other than or in addition to the restraining order.

Division 6
Judge’s Fiat, Court Officers and
Court Reporters

Judge’s fiat

13.38(1)  A judge or a master may authorize, direct or give permission to a court officer to do an act, and a note signed by the judge or master is sufficient authority to carry out the act.

(2)  The authorization, direction or permission must be filed unless the judge or master otherwise directs.

Court officers

13.39   The persons holding the following positions are court officers:

                                 (a)    the court clerk and every person delegated authority by the court clerk or authorized by the court clerk to perform any court clerk functions;

                                 (b)    the sheriff;

                                 (c)    a person appointed as a deputy of a person described in clause (a) or (b).

Court officers may delegate authority

13.40(1)  A court officer may, in writing, appoint a person to act on the court officer’s behalf if the court officer is absent or unable to act.

(2)  A court officer may appoint a person to sign, on the court officer’s behalf, anything required to be signed by the court officer.

Authority of court clerk

13.41(1)  Subject to subrules (2) and (3), the court clerk must file, issue, certify or do anything with respect to an action, application or proceeding that complies with these rules.

(2)  The court clerk must not file, issue, certify or do anything with respect to an action, application or proceeding except

                                 (a)    on the personal attendance at the court office by the party or person concerned, or if that party or person is represented, by the party’s or person’s lawyer or the lawyer’s representative,

                                 (b)    at the written request of the party or person concerned or the party’s or person’s lawyer who completes the prescribed form or other required document and provides it to the court clerk with a prepaid and addressed envelope when return of a document is required, or

                                 (c)    by a means authorized by the Court, which may include filing by fax or electronic mail, or both.

(3)  A court clerk may refuse to file, issue, certify or do any other thing with respect to an action, application or proceeding if

                                 (a)    the instructions to the court clerk are not clear,

                                 (b)    a document or prescribed form is not satisfactory or not satisfactorily completed, or

                                 (c)    a requirement of these rules has not been complied with.

(4)  Notwithstanding subrule (2)(c), where the Court has authorized the filing of an affidavit with a court clerk by fax or electronic means, the original of that affidavit must be filed with that court clerk within 15 days after the faxed or electronic copy is filed.

Absence of court clerk

13.42   In the absence or inability of the court clerk or other officer of the Court to act or to do a thing, the duty may be performed by a person designated for that purpose by the Chief Justice.

Seal

13.43   Each court clerk may use the court seal as occasion requires.

Duties of court clerk

13.44   In addition to any other duties that a court clerk is required by law to perform, a court clerk has the following duties and responsibilities:

                                 (a)    to establish and maintain a court file for each action started in the Court and to keep the court file up to date;

                                 (b)    to receive, file and have custody of all commencement documents, pleadings, affidavits and records filed in every action, application or proceeding;

                                 (c)    to have custody of all documents required or ordered to be deposited for safekeeping or otherwise under an order or an enactment;

                                 (d)    to take any action or do anything required or permitted under these rules, an enactment or an order or judgment;

                                 (e)    in accordance with the Court’s directions, to keep a detailed log of court proceedings, including any record that is capable of being represented or reproduced visually or by sound or both and ensure that the recording and log are properly and securely stored;

                                  (f)    to keep proper accounts and records of money or property received, paid out or disposed of;

                                 (g)    to perform any other functions required by the Minister or the Chief Justice.

Notice to be given to court officers

13.45(1)  Every party or person

                                 (a)    who receives an order or judgment, or

                                 (b)    in whose favour an order or judgment is made

that imposes duties on a court officer must give to the court officer written notice of the order or judgment and of the duty imposed under the order or judgment unless the Court otherwise orders.

(2)  Filing the order or judgment is not notice to the court officer.

Official court reporters

13.46(1)  An official court reporter must perform the duties required under these rules or assigned by the Minister or the Court and must

                                 (a)    keep in safe custody the record of any proceedings or questioning taken by the official court reporter,

                                 (b)    honestly and accurately transcribe the record of those proceedings or that questioning, and

                                 (c)    deliver a copy of the transcript as required by these rules.

(2)  On or attached to a transcript, the official court reporter must

                                 (a)    state the official court reporter’s name,

                                 (b)    specify the date and place where the transcript was transcribed, and

                                 (c)    certify the transcript, or the portion of the transcript transcribed, as complete and accurate.

Proof of official court reporter’s signature not required

13.47   Proof of the signature of an official court reporter or a person transcribing questioning under these rules is not required unless the Court orders otherwise.

Division 7
Payment into Court and Payment
out of Court

When money may be paid into Court

13.48   Money may be paid into Court in accordance with

                                 (a)    these rules;

                                 (b)    an enactment;

                                 (c)    a judgment or order.

How money is paid into Court

13.49(1)  Money paid into Court must be paid to the court clerk and accompanied with Form 50.

(2)  The court clerk must

                                 (a)    give a receipt for money paid into Court, and

                                 (b)    deposit the money in an account in a bank, treasury branch or trust corporation, unless otherwise ordered.

Tender on judicial sale

13.50(1)  Certified cheques received by the court clerk as a tender on a judicial sale must be held by the court clerk on behalf of the person making the tender.

(2)  If the court clerk expects the tender to be considered by the Court or otherwise dealt with within one month after receipt of the certified cheque, the court clerk may hold the cheque without depositing it.

(3)  If the court clerk expects that a tender will not be considered or otherwise dealt with within one month after receipt of the certified cheque, or if the person making the tender so requests within one month after making the tender, the court clerk must invest the money in securities described in rule 13.54.

Litigant’s account

13.51(1)  Money paid into Court must be credited to a litigant’s account for the action, application or proceeding for which the payment is made.

(2)  The court clerk is in charge of every litigant’s account and must record all transactions related to the account and the authority for the transaction.

Payments into Court under Trustee Act

13.52(1)  An application for permission to pay money or securities into Court under the Trustee Act or a payment into Court under that Act must be accompanied with an affidavit of one or more trustees setting out

                                 (a)    a brief description of the trust, the instrument or enactment creating it or the circumstances under which it arose,

                                 (b)    the name of every person interested in or entitled to the money or securities, together with their addresses, if known, and

                                 (c)    an address for service of documents.

(2)  Notice of the application or payment into Court must be given to every person that the Court orders be notified.

Payments out of Court

13.53  Money paid into Court may be paid out of Court only

                                 (a)    if the court clerk certifies that the money is in Court,

                                 (b)    in accordance with an order, unless otherwise permitted by the Court,

                                 (c)    by cheque signed and countersigned by a person designated by the Minister, and

                                 (d)    if the payment is to

                                           (i)    the person entitled to the money or the person’s lawyer, or

                                          (ii)    another person specified by the Court or named by the person entitled to the money.

Investments and payment earnings

13.54(1)  Money paid into Court or money subject to an order may be invested on the court clerk’s initiative or on the written request of a person having an interest in the money, and if the money is invested, the money may only be invested in

                                 (a)    public funds of Alberta or Canada,

                                 (b)    deposit certificates of a bank, treasury branch or trust corporation, or

                                 (c)    securities or a class of securities authorized by the Court.

(2)  Money earned on investments made under subrule (1) must be paid to the person entitled to the money paid into Court when the principal amount is paid out, unless the Court otherwise orders.

Disposition of money in accounts

13.55(1)  If the balance remaining to the credit of a court account is less than $100 and 2 years has passed after the amount was deposited in the account without the balance being claimed, the account must be closed by transferring the balance to the suspense account maintained by the court clerk.

(2)  Subject to subrule (1), 10 years after the last payment into a court account, the balance must be transferred to the suspense account.

(3)  Money in the suspense account, including interest or any return on money in that account, is subject to the control of, and may be paid out only in accordance with a direction of, the Lieutenant Governor in Council.

(4)  This rule does not affect the right of a person entitled to the money in the suspense account, including the right to recover the money.

Part 14
Appeals

Application

14.1(1)  The Alberta Rules of Court (AR 390/68) continue to apply to appeals to the Court of Appeal.

(2)  The Court of Appeal Practice Directions in effect on the coming into force of these rules remain in effect with respect to appeals to the Court of Appeal.

Part 15
Transitional Provisions And Coming Into Force

Definitions

15.1   In this Part,

                                 (a)    “existing proceeding” means a court proceeding commenced but not concluded under the former rules;

                                 (b)    “former rules” means the Alberta Rules of Court (AR 390/68) in effect immediately before these rules come into force.

New rules apply to existing proceedings

15.2(1)  Except as otherwise provided in an enactment, by this Part or by an order under rule 15.6, these rules apply to every existing proceeding.

(2)  Every order or judgment made under the former rules and everything done in the course of an existing proceeding is to be considered to have been done under these rules and has the same effect under these rules as it had under the former rules.

Dispute resolution requirements

15.3   Rule 4.16 applies to an existing proceeding unless, before this rule comes into effect, discoveries under the former rules in the existing proceeding have been completed.

Dismissal for long delay:  bridging provision

15.4(1)  Unless subrule (2) applies, the Court, on application, must dismiss the action as against the applicant if

                                 (a)    after the coming into force of this rule, 2 years has elapsed since the last thing done to significantly advance the action, or

                                 (b)    5 years has elapsed since the last thing done to significantly advance the action,

whichever comes first.

(2)  The Court must not dismiss the action if

                                 (a)    the parties to the application agreed to the delay,

                                 (b)    the action has been stayed or adjourned by order or an order has extended the time for doing the next thing in the action, or

                                 (c)    an application has been filed or proceedings have been taken since the delay and the applicant has participated in them for a purpose and to an extent that, in the opinion of the Court, warrants the action continuing.

Contingency fee agreements

15.5(1)  Rule 10.7(2) does not apply to a contingency fee agreement entered into before this rule comes into effect if the agreement complied with the former rules.

(2)  Rule 10.7(2)(e), (f), (g) and (h) and (3), (4), (5) and (6) do not apply to a contingency fee agreement entered into before May 1, 2000, if

                                 (a)    the agreement complies with rule 616 of the former rules as it existed before May 1, 2000, and

                                 (b)    a copy of the agreement was filed with the Court in accordance with rule 617 of the former rules as that rule existed before May 1, 2000.

Resolution of difficulty or doubt

15.6   If there is doubt about the application or operation of these rules to an existing proceeding or if any difficulty, injustice or impossibility arises as a result of this Part, a party may apply to the Court for directions or an order, or the Court may make an order, with respect to any matter it considers appropriate in the circumstances, including:

                                 (a)    suspending the operation of any rule and substituting one or more former rules, with or without modification, for particular purposes or proceedings or any aspect of them;

                                 (b)    modifying the application or operation of these rules in particular circumstances or for particular purposes.

Filing of orders or judgments

15.7   Where on the coming into force of these rules a person has not filed an order or judgment that the person was required to file under the former rules, the person must file the order or judgment within

                                 (a)    one year from the date on which the order or judgment was pronounced, or

                                 (b)    3 months from the coming into force of these rules,

whichever occurs first.

Increased or decreased time limits

15.8(1)  Where under these rules a time limit is provided for doing anything, other than the serving of a notice or other document in advance of some event, that is longer than the time limit provided under the former rules, the time limit provided in these rules prevails, despite that the action or proceeding to which the time limit applies was commenced under the former rules.

(2)  Where under these rules a time limit is provided for doing anything, other than the serving of a notice or other document in advance of some event, that is shorter than the time limit that was provided under the former rules, a person who commenced the action or proceeding to which the time limit applied under the former rules must comply with

                                 (a)    the time limit under the former rules, or

                                 (b)    the time limit under these rules, calculated from the date on which these rules come into force,

whichever occurs first.

(3)  Service of a document or notice that was effected under the former rules prior to the coming into force of these rules remains valid despite any change to the relevant time limit imposed as a result of the coming into force of these rules.

Time limit under these rules

15.9(1)  Subject to subrule (2), where these rules impose a time limit for doing anything for which no time limit was provided for under the former rules, and on the coming into force of these rules the thing has not yet been done, the time limit under these rules applies to the doing of that thing and is calculated from the date on which these rules come into force.

(2)  Rule 8.7 applies only to matters that are set down for trial after the coming into force of these rules.

Time runs from different event

15.10   Where the time limit provided by these rules for doing anything runs from a different event than the equivalent time limit under the former rules, and on the coming into force of these rules the thing has not yet been done, the time limit provided by these rules applies, calculated either

                                 (a)    from the event specified in these rules, or

                                 (b)    from the coming into force of these rules,

whichever occurs later.

Formal offer to settle

15.11   A formal offer to settle an existing proceeding that was made and neither withdrawn nor accepted prior to the coming into force of these rules remains open for acceptance in accordance with the former rules.

New test or criteria

15.12   Where these rules impose a new test, provide new criteria or provide an additional ground for making an application in an existing proceeding, these rules apply in respect of the application if the application was made but has not been heard prior to the coming into force of these rules.

Place of existing proceeding

15.13   The coming into force of rules 3.3 and 3.4 does not operate to require an existing proceeding to be carried on in a different judicial centre from the judicial centre in which it was commenced.

Repeal

15.14(1)  The Alberta Rules of Court (AR 390/68), except Parts 57, 58 and 60, are repealed.

(2)  In accordance with section 36(1)(f) of the Interpretation Act, references within Parts 57, 58 and 60 of the former rules are deemed to be references to the corresponding provisions of these rules.

(3)  Despite the repeal of the Alberta Rules of Court (AR 390/68), the Alberta Rules of Court (AR 390/68) continue to apply to appeals to the Court of Appeal.

Coming into force

15.15(1)  Subject to subrule (2), these rules come into force on November 1, 2010.

(2)  Rule 4.33 comes into force 2 years after rule 15.4 comes into force.

(3)  Rule 15.4 is repealed when rule 4.33 comes into force.

Schedule A

Forms

Division 1
Forms for Parts 2 to 11, 13 and 14

 

Rule #

Form #

Affidavit of Self‑appointed Litigation Representative

2.14

 1

Notice of Self-appointment of Litigation Representative

2.14(1)(b)

 2

Notice of Change of Representation

2.28

 3

Notice of Withdrawal of Lawyer of Record

2.29

 4

Originating Application – Notice of Appeal/Reference

3.2(2)

 5

Notice of Request for Transfer of Action

3.4

 6

Originating Application

3.8

 7

Notice to Obtain Record of Proceedings

3.18

 8

Certified Record of Proceedings

3.19

 9

Statement of Claim

3.25

10