Alberta Pilot Project Aims To Set Trial Dates Earlier In The Litigation Process Insight

Friday May 31, 2024 was the first opportunity for parties to obtain trial dates under a new pilot project at the Alberta Court of King's Bench. The pilot project, announced on April 23, 2024, facilitates applications for a trial date —whether on consent or contested—after the deadline for the exchange of affidavits of records has passed.

While Rule 8.5 already contemplated that judges could schedule trial dates at any time on application, the procedure was little used. Instead, to date, the Court generally required that parties complete all pre-trial steps before they could obtain a trial date, which would then typically be a year or more farther down the road.

This new pilot project encourages parties to make use of Rule 8.5. Under the new practice, any party to an action can apply for a trial date after pleadings have closed and 90 days after the deadline for the exchange of affidavits of records.