Can Limited Arbitration Help Alleviate Institutional Delay In Alberta?

The expression "justice delay is justice denied" is ever so true for civil litigation in Alberta, and I expect many other provinces in Canada.

Delay affects the quality of justice. Memories fade with delay, and unlike fine wine, they do not improve with age. It is inefficient in that case preparation must be repeated where there are long delays. Costs increase as a result. Parties are subjected to more stress and uncertainty when the outcome is delayed. None of these things serve to engender confidence in the rule of law and the civil justice system.

The Scope of the Problem?

In Alberta, there have been approximately 200,000 active cases per year between 2016 and 2021. Of these 110,000 are civil actions, The Queen Bench Act authorizes 74 Justices, but only 68 are appointed. There are six vacancies. The wait time to secure trial dates for trials of 5 days or more is in excess of two years from the time the parties certify that they are ready to go to trial. The