O.C.78/2020

A.R.36/2020

March 17, 2020


            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 2.23 is amended by adding the following after subrule (3):

(4)  This rule does not affect the discretion of the Court, subject to any limits imposed under the Legal Profession Act, to grant a right of audience to any agent, other than a lawyer, to speak on behalf of an individual or corporation.

 

3   Rule 3.36(1) is amended by adding “and Part 11, Division 8” after “subrule (2)”.

 

4   Rule 3.74(2)(b) is amended by adding “person or” after “made by a”.

 

5   Rule 4.16 is amended by adding the following after subrule (3):

(4)  A case management judge or a case conference judge may, on application or on the Court’s own motion, by order direct that the parties participate in a dispute resolution process.

(5)  In determining whether an order under subrule (4) should be made, the case management judge or case conference judge may consider all relevant circumstances, including

                                 (a)    the issues in the litigation,

                                 (b)    the nature of the cause of action and the relief claimed,

                                 (c)    the identity, relationship and means of the parties,

                                 (d)    whether the action has proceeded to a stage at which alternative dispute resolution is likely to be successful, including whether record production and questioning are sufficiently advanced to support the dispute resolution process, and

                                 (e)    whether any of the factors in subrule (2) justify delaying, modifying or dispensing with the need to participate in a dispute resolution process.

(6)  As part of an order made under subrule (4), the case management judge or case conference judge may give directions respecting any aspect of the dispute resolution process, including

                                 (a)    the identity of a neutral third party to be involved in the process,

                                 (b)    where an equal sharing of the expenses is not appropriate, directions apportioning the responsibility of each party for the expenses of the neutral third party and other disbursements relating to the process,

                                 (c)    the time, location, structure or conduct of the process, and

                                 (d)    the consequences of the failure of any party to comply with any directions, or to pay its share of the expenses.

 

6   Rule 5.8 is repealed and the following is substituted:

Producible records for which there is
an objection to produce

5.8(1)  Subject to subrules (3) to (5), for each producible record that a party objects to produce, the affidavit of records must

                                 (a)    number the record in a convenient order, and

                                 (b)    describe the grounds for the objection to produce the record.

(2)  For the purposes of this rule, the description in the affidavit of records of any record the party objects to produce and the grounds for the objection must be sufficient to enable a court reviewing the records to confirm that each record is disclosed in the affidavit without undermining or proving the privilege that is claimed in respect of the records.

(3)  Subject to subrule (4), if a party objects to produce a number of related records on the same grounds, the records may be bundled and numbered, and the records along with the grounds for the objection to produce the records may be collectively described in the affidavit of records.

(4)  For greater certainty,

                                 (a)    producible records that a party objects to produce that are in the files of a lawyer

                                           (i)    may be disclosed collectively in the affidavit of records without being numbered, if the records consist of the lawyer’s work product, including working notes and memoranda prepared by the lawyer or the law firm and communications with the client and opposing counsel,

                                          (ii)    may be numbered or bundled and may be disclosed collectively in the affidavit of records, if the records are described in a manner that distinguishes

                                                  (A)    records for which solicitor and client privilege is claimed,

                                                  (B)    records that were prepared for the dominant purpose of litigation, and

                                                  (C)    records for which production is objected to on a ground other than those referred to in paragraphs (A) and (B),

                                     and

                                 (b)    producible records that a party does not object to produce that are in the files of a lawyer must be separately disclosed in the affidavit of records.

 (5)  Expert reports prepared for the dominant purpose of litigation, and records related to those expert reports, must be disclosed in accordance with rule 5.35, and not in accordance with this Division.

 

7   Rule 5.18 is amended by adding “or partnership” after “corporation” wherever it occurs.

 

8   Rule 8.5(2) is repealed and the following is substituted:

(2)  Subject to rule 1.5(4), the Court may make any procedural order to expedite or facilitate activities necessary to meet or to obtain a trial date.

(3)  An order may be made under subrule (2) despite the fact that the parties

                                 (a)    have signed a Form 37 or Form 38, or

                                 (b)    have complied with rule 8.4(3).

 

9   Rule 10.10(2) is amended by striking out “6 months” and substituting “one year”.

 

10   Rule 10.13 is amended

                         (a)    in subrules (2)(b) and (3)(b) by striking out “, in a sealed envelope,”;

                                 (b)    by adding the following after subrule (4):

(5)  A notice of appointment must be filed, endorsed and served in the same manner as a commencement document.

 

11   Rule 10.14(1)(c) is amended by striking out “, in a sealed envelope,”.

 

12   Rule 10.15 is amended

                                 (a)    by striking out “filed under rule 10.13 or 10.14” and substituting “, time records and other evidence filed for the purposes of a review of a retainer agreement or a lawyer’s charges”;

                                 (b)    in clause (a) by striking out “in the agreement” and substituting “filed for the purposes of a review”;

                                 (c)    in clause (b) by striking out “agreement or information that is filed” and substituting “information filed for the purposes of a review”.

 

13   Rule 10.17 is amended by adding the following after subrule (1)(g):

                                 (h)    determine the applicability of a time period specified in these rules in respect of a review conducted under this Division and extend or shorten an applicable time period.

 

14   Rule 10.20(1) is amended by adding “, on application by a party with notice to the other party,” after “Court”.

 

15   Rule 10.33 is amended by adding the following after subrule (2)(g):

                                 (h)    any offer of settlement made, regardless of whether or not the offer of settlement complies with Part 4, Division 5.

 

16   Rule 11.2 is renumbered as rule 11.2(2) and the following is added before subrule (2):

Service not invalid

11.2(1)  This rule applies to service of

                                 (a)    a document other than a commencement document, or

                                 (b)    a document at the registered office of any person required by an enactment to have a registered office.

 

17   Rule 11.26 is repealed and the following is substituted:

Method of service outside Alberta

11.26(1)  Subject to subrule (2), 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, or

                                 (b)    in accordance with the law of the jurisdiction in which the person to be served is located.

(2)  Where a document is to be served in a jurisdiction to which the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters applies, the document must be served in accordance with Division 8.

(3)  Service under subrule (1) is effected

                                 (a)    if the document is served under subrule (1)(a), on the date specified by these rules for when service is effected, or

                                 (b)    if the document is served under subrule (1)(b), in accordance with the law of the jurisdiction in which the person is served.

(4)  Service under subrule (2) is effected on the date service is effected under the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters.

 

18   Rule 11.27 is amended

                                 (a)    in subrule (1) by striking out “On application, the Court may” and substituting “Except in respect of a document that must be served in accordance with Division 8, the Court may, on application,”;

                                 (b)    by repealing subrule (4) and substituting the following:

(4)  Subrules (1) and (3) apply despite any previous order that permitted or directed service of the document by a particular method.

 

19   The following is added after Rule 11.32:

Division 8
Service in a Contracting State
under the Hague Convention

Definitions

11.33   In this Division,

                                 (a)    “Central Authority” means the central authority designated by a Contracting State under the Convention;

                                 (b)    “Contracting State” means a State party to the Convention, other than Canada;

                                 (c)    “Convention” means the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, concluded at The Hague on November 15, 1965.

Service in Contracting State

11.34(1)  A commencement document that is to be served in a Contracting State must be served

                                 (a)    through the Central Authority in the Contracting State using the Request for Service Abroad of Judicial or Extrajudicial Documents, Certificate, Warning and Summary of the Document to be Served in the Model Form annexed to the Convention, as amended or replaced from time to time,

                                 (b)    directly through Canadian diplomatic or consular agents, unless the document is being served on a national who is not Canadian and the Contracting State has declared that it is opposed to that method of service within its territory,

                                 (c)    through consular channels where the Contracting State has designated an authority to receive requests for service through these channels,

                                 (d)    through diplomatic channels,

                                 (e)    by another method that is provided in the Convention and is set out in rule 11.26(1), unless the Contracting State has objected to that method, or

                                 (f)    by a method that is set out in rule 11.26(1) and is not prohibited by the Convention.

(2)  Despite subrule (1), a commencement document that is to be served in a Contracting State must be served in accordance with rule 11.26(1) if

                                 (a)    the Contracting State has determined that the Convention does not apply, or

                                 (b)    the address of the person to be served is unknown.

(3)  Service may be proved,

                                 (a)    for service under subrule (1)(a), with a certificate in the Model Form annexed to the Convention, as amended or replaced from time to time, issued by the Central Authority of the Contracting State, or any authority designated by the Contracting State for that purpose, which states that the document was served, or

                                 (b)    in any other case, by a method provided in rule 11.30 or by a method provided by the law of the jurisdiction where service was made.

Default judgment under the Convention

11.35(1)  If a commencement document was served on a defendant in accordance with any clause of rule 11.34(1)(a) to (e) and the defendant has not served and filed a statement of defence or demand of notice, judgment may be given under Part 3, Division 4.

(2)  Despite subrule (1), judgment may be given without establishing that the document was served on the defendant if

                                 (a)    the commencement document was transmitted for service in accordance with any clause of rule 11.34(1)(a) to (e),

                                 (b)    a period of not less than 6 months, or such longer period as the Court considers adequate in the circumstances, has elapsed since the day on which the commencement document was transmitted, and

                                 (c)    every reasonable effort was made to obtain proof of service through competent authorities from the Contracting State to which the commencement document was transmitted.

(3)  The court may extend the time to seek relief from a default judgment under rule 9.15(3) if

                                 (a)    the defendant, without any fault on the defendant’s part, did not have knowledge of the document in sufficient time to defend, or knowledge of the judgment in sufficient time to appeal, and

                                 (b)    the defendant has disclosed a prima facie defence to the action on the merits.

(4)  Subrule (3) does not apply to a judgment concerning the status or capacity of persons.

 

20   Rule 13.36(1)(b) is amended by adding “or 30 to 32.1” after “items 1 to 4”.

 

21   Rule 14.28(1) is amended by striking out “Appeal Record” and substituting “record before the Court of Appeal”.

 

22   Rule 14.47 is repealed and the following is substituted:

Application to restore an appeal

14.47   An application to restore an appeal that has been struck, dismissed or deemed abandoned

                                 (a)    must be filed and served as soon as reasonably possible, and

                                 (b)    must be returnable no later than

                                           (i)    for a standard appeal, 6 months after having been struck, dismissed or deemed abandoned, or

                                          (ii)    for a fast track appeal, 3 months after having been struck, dismissed or deemed abandoned.

 

23   Rule 14.54 is repealed and the following is substituted:

Format of memorandum

14.54   A memorandum filed on an application

                                 (a)    must be formatted in the same manner as a factum under rule 14.26(1),

                                 (b)    must not be longer than

                                           (i)    10 double-spaced pages for an application for permission to appeal, or

                                          (ii)    5 double-spaced pages for any other application,

                                 (c)    may in addition attach a chronology, where that is relevant to the application, and

                                 (d)    in an application for permission to appeal, must

                                           (i)    include a copy of the reasons for the decision proposed to be appealed, and

                                          (ii)    state the exact questions of law on which permission to appeal is requested.

 

24   Form 33 in Division 1 of Schedule A is amended by adding(Indicate name(s) and status of party or parties receiving the Notice to Admit)afterNOTICE TO PARTY RECEIVING NOTICE TO ADMIT”.

 

25   Form 42 in Division 1 of Schedule A is amended

                                 (a)    by striking out

CLIENT(S) (Indicate if Applicant)

LAWYER(S) (Indicate if Applicant)

                                          and substituting

APPLICANT(S) (Name of client, lawyer or law firm)

RESPONDENT(S) (Name of client, lawyer or law firm)

                                 (b)    by striking out “agreement(s) that is (are) required to be served with this notice of appointment” and substituting “agreement(s) dated (list all retainer agreements to be reviewed)”;

                                 (c)    by striking out “account(s) that is (are) required to be served with this notice of appointment” and substituting “account(s) dated (list all accounts to be reviewed)”;

                                 (d)    by striking out “what they want in your absence” and substituting “what is being requested, without you being there to object”;

                                 (e)    by striking out “signed account” and substituting “signed accounts”;

                                  (f)    by striking out “and any retainer agreement” and substituting “, any retainer agreement that was entered into for the services you provided and any time records kept by you for the services”;

                                 (g)    by striking out “specified by the review officer, and if” and substituting “specified by the review officer. If”.

 

26   Form 43 in Division 1 of Schedule A is amended by striking out

CLIENT(S) (APPELLANT(S))

LAWYER(S) (RESPONDENT(S))

and substituting

APPELLANT(S) (Name of client, lawyer or law firm)

RESPONDENT(S) (Name of client, lawyer or law firm)

 

27   Form 44 in Division 1 of Schedule A is repealed and the following is substituted:

Form 44
[Rule 10.35(1)]

                                                                                             Clerk’s stamp:

COURT FILE NUMBER                

COURT OF QUEEN’S BENCH
OF ALBERTA                                   

JUDICIAL CENTRE                        

PLAINTIFF(S)                                   

DEFENDANT(S)                               

DOCUMENT                                               BILL OF COSTS          

ADDRESS FOR SERVICE AND

CONTACT INFORMATION OF

PARTY FILING THIS DOCUMENT

BILL OF COSTS OF [NAME AND STATUS]

Fees claimed:

ITEM NO.

ITEM

AMOUNT

 

 

 

 

 

 

 

 

 

Taxable Disbursements (subject to GST):

DESCRIPTION

AMOUNT

 

 

 

 

 

 

Non‑taxable Disbursements (not subject to GST):

DESCRIPTION

AMOUNT

 

 

 

 

 

 

Other Charges:

DESCRIPTION

AMOUNT

 

 

 

 

 

 

GST:

                                 (a)    Amount claimed on fees:                        $______________

                                 (b)    Amount claimed on disbursements:      $______________

                                 (c)    Amount claimed on other charges:       $______________

TOTAL GST:                                                             $______________

By making the above claim for an additional amount on account of goods and services tax, the party entitled to the costs award warrants that it is not entitled under the Excise Tax Act (Canada) to a refund or rebate of any goods and services tax paid.

Total amount claimed:

Fees:                                                                 $___________________

Taxable Disbursements:                               $___________________

Non‑taxable Disbursements:                        $___________________

Other Charges:                                               $___________________

GST:                                                                 $___________________

TOTAL:                                                            $___________________

Amount allowed by assessment officer:

Fees:                                                                 $___________________

Taxable Disbursements:                               $___________________

Non‑taxable Disbursements:                        $___________________

Other Charges:                                               $___________________

GST:                                                                 $___________________

TOTAL:                                                            $___________________

Person responsible for preparation of this Bill of Costs:

________________________           ________________________

Signature                                             Print Name

CERTIFICATE OF ASSESSMENT OFFICER:

I, ___________________, certify the following amount(s) that is (are) to be paid

           By Plaintiff:                                 $_______________________

           By Defendant:                             $_______________________

to (name of party or parties to receive the costs awarded).

I also certify the following special circumstance(s) and the amount to be paid by each party with respect to the special circumstance(s):

Dated: _________________          __________________________
                                                       Signature of Assessment Officer

 

28   Form FL‑27 in Division 2 of Schedule A is amended

                                 (a)    in the heading before item 9 by striking outThe following clausesand substitutingThe following clause”;

                                 (b)    by repealing item 10 and substituting the following:

(Unless otherwise ordered by the Court, the following clause must be included in every child support order and should not be changed.  This clause applies in addition to any financial disclosure requirements of the Alberta Child Support Recalculation Program.)

10.   For as long as there is a “child of the marriage” as defined in the Divorce Act (Canada) [or a “child” as defined in Part 3 of the Family Law Act], the parties shall provide the following information on an annual basis:

                                 (a)    on or before June 30 of each year, each party must provide the other party with a complete copy of the party’s personal income tax return, any Notice of Assessment or Reassessment from the Canada Revenue Agency for the preceding tax year, and the party’s 2 most recent pay stubs.  If the party has not filed an income tax return for the preceding year, then the party must, by June 30, provide the other party with copies of the party’s T4 slips and all other tax slips and information disclosing any and all sources of income for the preceding tax year;

                                 (b)    a party that is a shareholder in a corporation, is self‑employed, is a partner in a partnership or is a beneficiary under a trust must also provide the information required by paragraphs 21(1)(d), (e), (f) and (g) of the Federal Child Support Guidelines (SOR/97‑175) [or the same provisions of the Alberta Child Support Guidelines (AR 147/2005), as applicable] for the preceding tax year.

                                 (c)    by addingchildafterin everyin the heading before item 11.

 

29   Form FL‑42 in Division 2 of Schedule A is repealed and the following is substituted:

Form FL‑42

                                                                                             Clerk’s stamp:

COURT FILE NUMBER

COURT                                    PROVINCIAL COURT OF ALBERTA

                                                   COURT OF QUEEN’S BENCH            

JUDICIAL CENTRE (QUEEN’S BENCH)

COURT LOCATION (PROVINCIAL COURT)

APPLICANT(S)

RESPONDENT(S)

DOCUMENT                                          STATEMENT – CONTACT

ADDRESS FOR SERVICE AND

CONTACT INFORMATION OF

PARTY FILING THIS DOCUMENT

I,                                        , swear/affirm that:

(Choose one)

1.          I am a guardian of the child(ren). My relationship to the child(ren) is    (father, aunt, etc.)   .

             I am not a guardian of the child(ren). My relationship to the child(ren) is  (father, aunt, etc.) .

2.               I am applying for an order specifying contact between the child(ren) and    (name)     (“the person for whom contact is proposed”), who is not a guardian of the child(ren) and whose relationship to the child(ren) is    (grandmother, uncle, etc.)   .

(Choose one)

3.          I have obtained or am seeking permission from the Court to commence this application. (attach copy of court order granting permission to apply for contact, if an order has already been obtained)

             I do not require permission from the Court to commence this application because:

                  (Choose one)

                           I am a parent of the child(ren).

                           I am a guardian of the child(ren).

                           I am a person standing in the place of a parent to the child(ren). (describe in paragraph 9 below)

                           I am a grandparent whose contact with
the child(ren) has been interrupted by the separation of the parents, which occurred on
   (approximate date)   .

                           I am a grandparent whose contact with the child(ren) has been interrupted by the death of the    (father or mother)    , who died on    (approximate date)   .

4.       The child(ren) live(s) with                                                     .

(Choose any applicable statements)

5.       I am applying to the Court for an order specifying the following contact between the person for whom contact is proposed and the child(ren):

                 visits: (provide dates and times that would be most suitable)

                 oral communication.

                 written communication.

                 other method of communication: (provide specifics)

6.       The person for whom contact is proposed last had contact with the child(ren) on    (date)   .

7.       The proposed contact is in the best interests of the child(ren) because:    (specify — you may wish to refer to section 35 of
the Family Law Act regarding the best interests of the child)  
.

8.       The guardian(s)’s denial of contact between the child(ren) and the person for whom contact is proposed is unreasonable because:      (specify)    .

9.       I have the following other information in support of my application:                             (specify)                               .

Sworn/Affirmed before me                          )
on ____________________, 20____,         )
at                                                , Alberta    )                                       

                                                                     )    Applicant’s Signature

Justice of the Peace or

Commissioner for Oaths

in and for the Province of Alberta

 

30   Form FL‑44 in Division 2 of Schedule A is repealed and the following is substituted:

Form FL‑44

                                                                                             Clerk’s stamp:

COURT FILE NUMBER

COURT                                    PROVINCIAL COURT OF ALBERTA

                                                   COURT OF QUEEN’S BENCH            

JUDICIAL CENTRE (QUEEN’S BENCH)

COURT LOCATION (PROVINCIAL COURT)

APPLICANT(S)

RESPONDENT(S)

DOCUMENT          STATEMENT — PERMISSION FROM THE COURT (TO APPLY FOR CONTACT)

ADDRESS FOR SERVICE AND

CONTACT INFORMATION OF

PARTY FILING THIS DOCUMENT

I,                                        , swear/affirm that:

1.       I am not a parent or a guardian of the child(ren), a person standing in the place of a parent to the child(ren) or a grandparent whose contact with the child(ren) has been interrupted by the separation of the child(ren)’s parents or by the death of one of the parents of the child(ren).

2.       I ask for permission from the Court to make an application for an order specifying contact between the child(ren) and
   (name)     (“the person for whom contact is proposed”).

3.       The person for whom contact is proposed has the following relationship to the child(ren):     (aunt, uncle, etc.)   .

4.       The child(ren) live(s) with                                                             .

5.       The person for whom contact is proposed has been part of the child(ren)’s life (lives) in the following ways:    (specify)   .

6.       The person for whom contact is proposed last had contact with the child(ren) on     (date)    .

7.       It is in the child(ren)’s best interests for the Court to order contact between the child(ren) and the person for whom contact is proposed because:    (specify)   .

8.       I have the following other information in support of my application:    (specify)   .

Sworn/Affirmed before me                          )
on ____________________, 20____,         )
at                                                , Alberta    )                                       

                                                                     )    Applicant’s Signature

Justice of the Peace or

Commissioner for Oaths

in and for the Province of Alberta

 

31   Division 2 of Schedule C is repealed and the following is substituted:

Division 2
The Tariff

Effective May 1, 2020, this Schedule applies, subject to an agreement or Court Order to the contrary, to all assessable items, whether the activity described in the item happened before or after that date.  For the purpose of evaluating an offer under rule 4.29, costs must be calculated under this Schedule as it existed on the date when the offer was made.

Unless the Court orders otherwise, matters that have no monetary amounts, for example, injunctions, will be dealt with under Column 1.  Costs in relation to residential tenancies are not dealt with under any of these columns and are in the discretion of the Court.  For monetary amounts within the jurisdiction of the Provincial Court, see rule 10.42.

IITEM AND ITEM NUMBER

COLUMN 1

COLUMN 2

COLUMN 3

COLUMN 4

COLUMN 5

 

Up to and including $75 000

Over $75 000

up to and including $200 000

Over $200,000

up to and including $675 000

Over
$675 000
up to and including $2 million

Over $2 million

Commencement documents,
pleadings, related documents

1(1)  Commencement documents, affidavits, pleadings and related documents and amendments.

 

1350 

2025

2700

3375

4725

(2)  When the matter is uncontested (a default judgment is an example of an uncontested matter),
the limit of recovery is 50% of this amount.

Uncontested trial

2   Uncontested trial appearance.

270 

540

800

1080

1350

Disclosure under Part 5

3(1)  Disclosure of records under Part 5, including affidavit of records.

650 

1000

1350

1685

2025

(2)  Review of opposite party documents (once per action), including statement of property:
the equivalent of a ˝ day attendance fee under item 5(2); this amount may be increased if the circumstances warrant.

(3)  If there are only a few records requiring a limited amount of time to review, the fee may be reduced.

Expedition or better definition of the case

4   Notice to admit facts, opinion or non‑adverse inference or the admission of any of these if, in the opinion of the Court, the notice or admission resulted in expediting the case or better defining the matters in question.

 

270

540

1080

1620

2160

Oral questioning under Part 5

5(1)  Preparation for questioning under Part 5 (once per action): the equivalent of a ˝ day attendance fee under item 5(2).

(2)  First ˝ day or portion of it for attendance for questioning under Part 5 of parties or witnesses or cross‑examination on an affidavit.

675

1000

1350

1685

2025

(3)  Each additional ˝ day (if an attending counsel is acting for neither witness nor examining party, 50% of these amounts).

675

1000

1350

1685

2025

(4)  Preparation of and response to written questions — a fee equivalent to one full day’s attendance for oral questioning under this item.

Applications:  uncontested

6(1)  Uncontested applications.

400

540

800

945

1080

(2)  Applications without notice
to another party.

135

135

135

135

135

Applications:  contested

7(1)  Contested applications or assessments and reviews before a master, judge, assessment officer or review officer and appeal from Provincial Court, masters, review officers and assessment officers.

 

675

1000

1350

1685

2025

(2)  Contested adjournment applications.

200

200

200

200

200

(3)  Abandoned applications:  A fee equivalent to 50% of the fee that would be payable under
this item if the application had not been abandoned.

Applications:  requiring written briefs

8(1)  Applications when a brief is required or allowed by the Court, including preparation of confirming letters required for Family Law Special Chambers:

            (a)  First ˝ day or portion of it

1350

1685

2025

2360

2700

           (b)  Each additional ˝ day (limited to ˝ day unless the Court otherwise orders)

675

845

1000

1180

1350

For complex chambers applications, the Court may direct that costs relating to an Appearance to argue before Appeal Court apply, instead of the costs in this item.

(2)  Abandoned applications:  A fee equivalent to 50% of the fee that would be payable under this item if the application had not been abandoned.

Trial readiness/case management

9(1)  Each pre‑trial application to schedule a trial date and each case management attendance (including an interlocutory application if it is heard during those applications or attendances, other than an application under rule 6.3).

 

340

540

800

1080

1350

(2)  If an interlocutory application is brought under rule 6.3 and heard during case management attendance, the fee awarded may include either a fee for the application or fees for both the application and case management attendance, depending on the duplication of work, if any.

Trial and summary trial

10(1)  Preparation for trial and summary trial.

2700

5400

8100

10 800

13 500

(2)  This item amount may be varied up or down depending on the length and complexity of the trial or summary trial.

(3)  If a matter is set down for trial or summary trial but is resolved less than 3 months before the scheduled starting date, a preparation fee based on the length of the scheduled trial or summary trial:

    (a)    3 days or less — 30% of item 10(1);

    (b)    more than 3 days, up to and including 10 days — 40% of item 10(1);

    (c)    more than 10 days — 50% of item 10(1).

Trial and summary trial

11(1)  For first ˝ day or portion of it.

1350

1685

2025

2360

2700

(2)  Second counsel fee (when allowed by trial judge).

675

845

1000

1180

1350

(3)  Each additional ˝ day.

675

945

1200

1620

2025

(4)  Second counsel fee (when allowed by trial judge).

340

470

600

800

1000

Written argument

12  Submission of written argument at the request of the trial judge or where allowed by the trial judge.

1350

2700

4050

5400

6750

Post‑judgment

13(1)  Issue of writ of enforcement, including the registration of the writ in the Personal Property Registry.

270

340

400

470

540

(2)  Registering a status report in the Personal Property Registry to renew the writ (allowed once every 2 years).

135

135

135

135

135

(3)  Registering a status report in the Personal Property Registry to amend the writ.

35

35

35

35

35

14(1)  Request and review of a financial report from enforcement debtor.

135

270

400

540

675

(2)  Examination in Aid of Enforcement under the Civil Enforcement Act.

135

270

400

540

675

15   Seizure and related matters.

135

270

400

540

675

16   Garnishee Summons, Notice of Continuing Attachment under the Maintenance Enforcement Act or Garnishee Summons Renewal Statement.

270

340

400

470

540

17   Sale of lands under order or judgment (including attendance at sale, whether aborted or not).

270

400

540

675

800

Appeals

18   All steps taken to file Notice of Appeal and speak to the list.

270

400

540

675

800

Preparation for appeal

19(1)  Preparation of factum.

1350

2700

5400

8100

10 800

(2)  All other preparation.

675

1350

2700

4050

5400

20   Appearance to argue before Appeal Court for first 1/2 day or part of it:

            (a)  First counsel

1350

2025

2700

3375

4050

           (b)  Second counsel (when allowed by the Court)

675

1000

1350

1685

2025

21   Appearance to argue before Appeal Court for each full ˝ day occupied after the first ˝ day:

            (a)  First counsel

675

1000

1485

1755

2160

           (b)  Second counsel (when allowed by the Court)

 

500

675

875

1080

22  Appearance on contested application before Appeal Court, including brief.

1000

1685

2360

2700

3375

 

32   The Appendix is amended in the definition of “corporate witness”

                                 (a)    by striking out “and” at the end of clause (b);

                                 (b)    in clause (c) by adding “, and” after “witness”;

                                 (c)    by adding the following after clause (c):

                                          (d)    an auditor or former auditor of a corporation, but not an auditor retained primarily for the litigation;

 

33   Part 58 of the Alberta Rules of Court (AR 390/68) is repealed.

 

34   Section 31 has effect on May 1, 2020.