O.C. 228/2012

July 11, 2012

A.R. 122/2012

July 12, 2012


            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 Solicitor 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 2.11 is amended by striking out “The following” and substituting “Unless otherwise ordered by the Court, the following”.

 

3   Rule 3.10 is repealed and the following is substituted:

Application of Part 4 and Part 5

3.10(1)  Subject to subrule (2), 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.

(2)  The rules in Divisions 2, 4, 5 and 6 of Part 4 and rules 4.1, 4.2(a) and (d) and 4.36 apply, with all necessary modifications, to actions started by originating application unless the Court otherwise orders.

 

4   Rule 3.35 is amended by adding the following after subrule (2):

(3)  If a lawyer files a statement of claim on behalf of a plaintiff, no judgment or order may be obtained by agreement of the parties unless the plaintiff’s lawyer of record is a party to the agreement or consents to the agreement.

(4)  If a plaintiff

                                          (a)    files a statement of claim in person or by a lawyer who has ceased to be the plaintiff’s lawyer of record, or

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

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

 

5   Rule 3.66 is repealed and the following is substituted:

Costs

3.66(1)  Subject to subrule (2), 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.

(2)  The costs of a contested application to amend a pleading are in the discretion of the Court, in accordance with rule 10.29.

 

6   Rule 5.6(1) is repealed and the following is substituted:

Form and content of affidavit of records

5.6(1)  An affidavit of records must

                                 (a)    be in Form 26, and

                                 (b)    disclose all records that

                                           (i)    are relevant and material to the issues in the action, and

                                          (ii)    are or have been under the party’s control.

 

7   Rule 9.2(2)(b)(ii) is amended by striking out “and apply to the Court to set the terms of the judgment or order” and substituting “, providing particulars of the objection”.

 

8   Rule 9.15 is amended

                                 (a)    in subrule (1)(a) by striking out “parties” and substituting “affected persons”;

                                 (b)    in subrule (1)(b) by striking out “a party” and substituting “an affected person”;

                                 (c)    by repealing subrule (3) and substituting the following:

(3)  The Court may, on any terms the Court considers just,

                                          (a)    permit a defence to be filed by a party who has been noted in default,

                                          (b)    set aside, vary or discharge a judgment granted upon application against a defendant who was noted in default, or whose statement of defence was struck out under rule 3.37, or

                                          (c)    set aside, vary or discharge a judgment entered in default of defence by the plaintiff for the recovery of property under rule 3.38, or for a debt or liquidated demand under rule 3.39.

 

9   Rule 11.25(2) is amended

                                 (a)    in clause (a) by adding “or affidavit” after “a document” and by striking out “or” at the end of the clause;

                                 (b)    by adding “, and” at the end of clause (b) and adding the following after clause (b):

                                          (c)    the person served with the commencement document is also served with a copy of the order permitting service outside Canada.

 

10   Rule 12.16 is amended by adding the following after subrule (3):

(4)  Despite subrules (1) to (3), an application under section 80.1 of the Family Law Act may be started by filing in accordance with rule 70.1(2) of the Surrogate Rules (AR 130/95), and in that case the procedure for the application is governed by the Surrogate Rules.

 

11   Rule 12.17 is amended by striking out “rule 12.16” and substituting “rule 12.16(1) and (2)”.

 

12   In the following provisions “2 years” is struck out and “3 years” is substituted:

rule 15.4(1)(a) and (2)(c);
rule 15.15(2).

 

13   Schedule A, Division 1 is amended in Form 44 by striking out “BILL OF COSTS PREPARED BY” and substituting “BILL OF COSTS OF”.

 

14   Schedule A, Division 2 is amended

                                 (a)    before Form FL‑1 by striking out “Claim        12.16   FL‑10” and substituting “Claim        12.16(1)   FL‑10”;

                                 (b)    in Form FL‑10 by striking out the words below “COURT LOCATION (Provincial Court)” and above NOTICE TO THE RESPONDENT(S): and substituting the following:

APPLICANT(S)

ADDRESS FOR SERVICE AND

CONTACT INFORMATION

FOR THE APPLICANT(S)

RESPONDENT(S)

LAST KNOWN ADDRESS AND

CONTACT INFORMATION

FOR THE RESPONDENT(S)

DOCUMENT                                              CLAIM ‑ Family Law Act

                                 (c)    in Form FL‑23 by repealing item 9 and substituting the following:

9.       There are ____ children of the marriage, as defined by the Divorce Act (Canada), namely:

           (List all dependent children involved in this proceeding, even if no claims are being made in relation to those children.)

           ________, born _____,  living with   (name, relationship to
           child)  , at   (city, province and country where child resides) ;

           ________, born _____,  living with   (name, relationship to
           child)  , at   (city, province and country where child resides) ;

                                 (d)    in Form FL‑24 by repealing item 6 and substituting the following:

6.       There are ____ children of the marriage, as defined by the Divorce Act (Canada), namely:

           (List all dependent children involved in this proceeding, even if no claims are being made in relation to those children.)

           ________, born _____,  living with   (name, relationship to
           child)  , at   (city, province and country where child resides) ;

           ________, born _____,  living with   (name, relationship to
           child)  , at   (city, province and country where child resides) ;

                                 (e)    in Form FL‑30 by repealing item 7 and substituting the following:

7.       This Order remains in effect up to and including the ______________ day of ______________, 20___.  This matter will be back before the Court on that day at 10:00 a.m. so that the Court may consider whether to renew the Order for a further period of time.  If the Respondent wishes to appear on that date, the Respondent shall file with this Honourable Court such affidavits as the Respondent intends to rely on.  The Respondent shall arrange for a process server or other neutral third party to serve the filed affidavits on the Applicant by leaving a copy with the Applicant or leaving a copy, addressed to the Applicant, at the Applicant’s address for service at least 24 hours prior to the hearing.  If the Respondent does not appear, an order may be granted in the Respondent’s absence.