O.C. 322/2011

July 13, 2011

A.R. 143/2011

July 14, 2011


            The Lieutenant Governor in Council makes the Alberta Rules of Court Amendment 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 AMENDMENT REGULATION

1   The Alberta Rules of Court (AR 124/2010) are amended by this Regulation.

 

2   Rule 2.14 is amended

                                 (a)    in subrule (1)(b) by adding “, or proposes to,” after “an interested person has”;

                                 (b)    by repealing subrule (3)(e).

 

3   Rule 3.2 is amended

                                 (a)    in subrule (4)

                                           (i)    by striking out “by notice of appeal”;

                                          (ii)    by adding “or in Form 5” after “consistent with the procedure”;

                                 (b)    in subrule (5) by adding “in Form 5” after “by originating application”.

 

4   Rule 3.32 is amended by striking out “If a defendant files a statement of defence, the defendant may also” and substituting “A defendant may”.

 

5   Rule 3.49(4) is amended by striking out “If a third party defendant files a statement of defence, the third party defendant may” and substituting “A third party defendant may”.

 

6   Rule 3.62(2) is repealed and the following is substituted:

(2)  An amended pleading must be

                                 (a)    filed, and

                                 (b)    served on each of the other parties

                                           (i)    within 10 days after the date on which it is filed, or

                                          (ii)    if the pleading is a statement of claim that has not already been served, in accordance with Division 3, Subdivision 2.

 

7   Rule 3.63(1) is amended by striking out “but amended and bearing the date of the original” and substituting “as amended”.

 

8   Rule 4.24(3) is repealed and the following is substituted:

(3)  Unless a valid formal offer to settle is withdrawn under subrule (4), the offer remains open for acceptance until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 service of the offer or any longer period specified in the offer, or

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

whichever occurs first.

 

9   Rule 6.14 is repealed and the following is substituted:

Appeal from master’s judgement 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 after the judgment or order is entered and served and returnable within a reasonable time, not exceeding 2 months, after the date the notice of appeal is filed.

(3)  An appeal from a master’s judgment or order is an appeal on the record of proceedings before the master and may also be based on additional evidence that is, in the opinion of the judge hearing the appeal, relevant and material. 

(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, which must be ordered and paid for by the appellant, unless the Court determines, or the parties agree, that transcripts are not needed, 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, within one month after service of the notice of appeal,

                                          (a)    any transcript of proceedings described in subrule (4)(c),

                                          (b)    any additional evidence referred to in subrule (3), and

                                          (c)    any further written argument.

(6)  The respondent to the appeal must file and serve on the appellant, within 20 days after service of the documents referred to in subrule (5),

                                          (a)    any further written argument the respondent wishes to make, and

                                          (b)    any additional evidence referred to in subrule (3).

(7)  The appellant may, within 10 days after service of the documents referred to in subrule (6), file a brief written argument responding to any unanticipated additional evidence or further argument raised by the respondent. 

(8)  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.

 

10   Rule 7.5(3)(b) is amended by striking out “Court’s permission” and substituting “judge’s permission”.

 

11   Rule 7.7(1) is amended by striking out “Court” and substituting “judge”.

 

12   Rule 7.8(3) is amended

                                 (a)    by striking out “Court” and substituting “judge”;

                                 (b)    by striking out “Court’s opinion” and substituting “judge’s opinion”.

 

13   Rule 8.5 is amended by striking out “Court” wherever it occurs and substituting “judge”.

 

14   Rule 8.6 is amended

                                 (a)    by striking out “Court” wherever it occurs and substituting “judge”;

                                 (b)    in subrule (3) by striking out “Court’s permission” and substituting “judge’s permission”.

 

15   Rule 8.7 is amended by striking out “Court” wherever it occurs and substituting “judge”.

 

16   Rule 9.1(2)(a) is amended by adding “and the location at which” after “the date on which”.

 

17   Rule 9.25(3) is amended by striking out “every person in possession of the land” and substituting “every person ordered to give up possession of the land and every occupant of the land”.

 

18   Rule 9.26 is amended

                                 (a)    in subrule (1)(b)(i) by striking out “person in occupation” and substituting “occupant”;

                                 (b)    in subrule (2) by striking out “every person in possession of the land” and substituting “every person ordered to give up possession of the land and every occupant of the land”.

 

19   Rule 11.22(1) is amended by striking out “in Alberta”.

 

20   Rule 11.30(1)(a)(iii) and (2)(a)(iv) are amended by striking out “, time”.

 

21   Rule 12.46(1) is amended

                                 (a)    in clause (a) by striking out “rule 12.44(1)” and substituting “rule 12.45”;

                                 (b)    in clause (b) by adding “or (2), as the circumstances require” after “rule 12.26(1)”.

 

22   Rule 12.59(b) is amended by striking out “one month” and substituting “30 days”.

 

23   Rule 13.4(4) is repealed and the following is substituted:

(4)  If the count starts on February 29th and ends in a year that is not a leap year, the count ends on February 28th of that year.

 

24   Rule 13.13(1) is amended by striking out “, Division 1”.

 

25   Rule 13.32(2) is amended by striking out “or the Court otherwise orders”.

 

26   Rule 13.41(2) is amended

                                 (a)    in clause (a) by striking out “, or if that party or person is represented, by the party’s or person’s lawyer or the lawyer’s representative” and substituting “or a person on the party’s or person’s behalf”;

                                 (b)    in clause (b) by striking out “or the party’s or person’s lawyer” and substituting “or a person on the party’s or person’s behalf”.

 

27   Rule 13.46(2)(b) is amended by striking out “where the transcript was transcribed” and substituting “where the proceedings or questioning occurred”.

 

28   Rule 15.4(2) is repealed and the following is substituted:

(2)  The Court must not dismiss the action if

                                 (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 the 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.

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

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

 

29   Schedule A, Division 1 is amended

                                 (a)    in Form 5 by striking out “[Rule 3.2(2)]” and substituting “[Rule 3.2]”;

                                 (b)    in Form 22 under the headingInterest:in clause (b) by striking out “from” and substituting “to”;

                                 (c)    in Form 27 by adding(Indicate name(s) and status of Respondent(s))after NOTICE TO RESPONDENT(S);

                                 (d)    by repealing Form 28 and substituting the following:

Form 28
[Rule 6.14]

                                                                                             Clerk’s stamp:

COURT FILE NUMBER

COURT OF QUEEN’S BENCH OF ALBERTA

JUDICIAL CENTRE

PLAINTIFF(S) (Indicate if
Appellant(s)/Respondent(s))

DEFENDANT(S) (Indicate if
Appellant(s)/Respondent(s))

DOCUMENT                                             NOTICE OF APPEAL OF
                                                     MASTER’S JUDGMENT 
                                                   OR ORDER                      

ADDRESS FOR SERVICE AND

CONTACT INFORMATION OF

PARTY FILING THIS DOCUMENT

NOTICE TO RESPONDENT(S):  APPEAL HEARING

This appeal is made against a judgment or order of the master that was in your favour.  You are a respondent.

The appeal will be heard as shown below:

                   Date                       ___________________

                   Time                       ___________________

                   Where                    ___________________

                   Before Whom      __________  Judge in Motions Court

Go to the end of this document to see what else you can do and when you must do it.

The Appellant appeals to the Court of Queen’s Bench of Alberta the decision of Master                                  sitting at                                , who on    (yyyy/mm/dd)    made the judgment or order in your favour.

The record of proceedings is:

1.       The application before the master.

2.       The following affidavits and other evidence filed by the parties respecting the application before the master:

                                          (a)   

                                          (b)   

3.       Any transcript of the proceedings before the master, unless the Court determines, or the parties agree, that a transcript is not needed.

4.       The judgment or order of the master appealed.

5.       Written reasons of the master (if any).

Additional evidence will/will not be relied on by the appellant.

Further written argument will/will not be made by the appellant.

The appellant will/will not rely on its written argument that was before the master (if any).

WARNING

If you do not come to Court either in person or by your lawyer, the Court may give the appellant(s) what they want in your absence.  You will be bound by any order that the Court makes.  If you want to take part in this appeal, you or your lawyer must attend in Court on the date and at the time shown at the beginning of this form.  You may rely on your original written argument, if any, that was before the master. 

Within 20 days after service of any transcript, additional evidence, or further written argument from the appellant, you must file and serve on the appellant any further written argument you wish to make and any additional evidence you intend to rely on.  The appellant may, within 10 days after service of your further written argument or additional evidence, file and serve on you a brief reply to any unanticipated additional evidence or further argument you have raised.

                                 (e)    in Form 29

                                           (i)    by striking out “This notice requires you to attend for questioning. NOTICE TO PERSON REQUIRED TO ATTEND APPOINTMENT FOR QUESTIONINGand substitutingNOTICE TO: (Name of person required to attend for questioning) This notice requires you to attend for questioning.”;

                                          (ii)    by adding “You must notify the questioning party prior to the date of the appointment regarding any arrangements that are necessary to accommodate your reasonable needs. The questioning party must, to the extent reasonably possible, make arrangements to accommodate those reasonable needs that you identify.” after “PERIOD OF ATTENDANCE: ______”;

                                  (f)    in Form 31 by adding LOCATION OF HEARING OR TRIAL: ______after DATE ON WHICH ORDER WAS PRONOUNCED:________”;

                                 (g)    in Form 36

                                           (i)    by striking out “You have the right to state your side of this matter before the master/judge.” and substituting “You have the right to state your side of this matter before the judge.”;

                                          (ii)    by striking out the paragraph under the heading WARNING”, and substituting the following:

If you do not come to Court either in person or by your lawyer, the Court may give the applicant(s) what they want in your absence. You will be bound by any order the Court makes. If you want to take part in this application for judgment by way of summary trial, either you or your lawyer must

                                                  (a)    10 days or more before the date scheduled for the hearing of the application, file and serve on the applicant(s) any affidavit or other evidence on which you intend to rely when the application is heard or considered, and

                                                  (b)    attend in Court on the date and at the time shown at the beginning of this form.

If you wish to object to this application for judgment by way of summary trial, notice of your objection to this application and anything on which you intend to rely in relation to your objection must be filed and served on the applicant 5 days or more before the objection is scheduled to be heard.

                                 (h)    in Form 37

                                           (i)    by repealing item 1 and substituting the following:

1.       Estimated number of witnesses:  ________.

The names of the witnesses expected to be called are: (Provide each witness’s full name and indicate whether the witness will be giving expert evidence.)

                                                  (a)    for the Plaintiff(s):  ___________________

                                                  (b)    for the Defendant(s): __________________

                                                   (c)    others: ______________________________

                                          (ii)    by adding the following after item 5:

6.       The following judges have a potential conflict, which may disqualify them from hearing the trial of this matter:

                                  (i)    in Form 39 by adding the following after item 2:

(Complete only if applicable)

3. Change of trial date or length of trial:

     Attached is a copy of the filed order of _______________, dated ______, changing the (trial date, length of trial or both) pursuant to rule 8.6(3).

                                  (j)    in Form 47 by addingLOCATION OF HEARING OR TRIAL:afterDATE ON WHICH ORDER WAS PRONOUNCED:”.

 

30   Schedule A, Division 2 is amended

                                 (a)    in Forms FL‑5, FL‑6 and FL‑7 under the heading NOTICE TO PLAINTIFF

                                           (i)    by striking outmust be filed withand substitutingmay be filed in addition to”;

                                          (ii)    by striking outin response toand substitutingwhen”;

                                         (iii)    by addinghas been served on youafteror a Statement of Claim for Division of Matrimonial Property”;

                                 (b)    in Form FL‑17

                                           (i)    under the heading NOTICE TO PARTY SERVED WITH THIS DOCUMENT: by striking out “You must appear at the application referenced at the end of this document.” and substituting the following:

Unless you provide all of the financial information and documents requested below and receive confirmation that the Applicant has cancelled the hearing, you must be in Court when the application is heard as shown below:

  Date                                          ___________________

  Time                                          ___________________

  Where                                       ___________________

  Before Whom                         ___________________

                                          (ii)    by striking out the following:

 

NOTICE TO THE RESPONDENT

You are to appear in Court when the application is heard, as shown below:

                  Date   _____________________________

                  Time    ____________________________

                  Where  ____________________________

                  Before Whom  ______________________

If you want to present any evidence to the Judge hearing this application, or if you object to providing the financial information and documents requested, you must

        •    swear or affirm an affidavit stating your objection to providing the financial information and documents requested and setting out the reasons for the objection,

        •    file the affidavit with the court clerk, and

        •    serve the affidavit on the Applicant or the Applicant’s solicitor a reasonable time before the application is scheduled to be heard.

                                         (iii)    under the heading WARNING by adding the following after clause (e):

If you want to present any evidence to the Judge hearing this application, or if you object to providing the financial information and documents requested, you must

                                                  (a)    swear or affirm an affidavit stating the evidence you want to present or your objection to providing the financial information and documents requested and the reasons for your objection,

                                                  (b)    file the affidavit with the court clerk, and

                                                   (c)    serve the affidavit on the Applicant or the Applicant’s solicitor a reasonable period of time before the application is scheduled to be heard.

                                         (iv)    at the end of Schedule A by striking out “Signature of Applicant” and substituting “Signature of person completing document”;

                                 (c)    in Form FL‑21 in item 4 by striking out “endorsed below” and substituting “endorsed on the proposed Divorce Judgment (or Divorce Judgment and Corollary Relief Order)”;

                                 (d)    in Forms FL‑25 and FL‑26 by adding LOCATION OF HEARING OR TRIAL:afterDATE ON WHICH JUDGMENT WAS GRANTED:”;

                                 (e)    in Forms FL‑27 and FL‑28 by adding LOCATION OF HEARING OR TRIAL:afterDATE ON WHICH ORDER WAS PRONOUNCED:;

                                  (f)    in Form FL‑29 by adding “LOCATION OF HEARING OR TRIAL:” after “DATE ON WHICH ORDER WAS MADE:”;

                                 (g)    in Forms FL-30 and FL-31 by adding LOCATION OF HEARING OR TRIAL: after DATE ON WHICH ORDER WAS PRONOUNCED:.