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ARTICLE · 13 JUNE 2024

New Pilot Project Can Assist Litigants To Push Slow-Moving Matters To Trial In Alberta

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On April 23, 2024, the Alberta Court of King's Bench announced a new pilot project which allows civil litigants to apply to the Court for leave to set a matter down for trial earlier...

CanadaLitigation, Mediation & Arbitration
Steven T. Robertson
Steven T. Robertson
Kira Lagadin
Kira Lagadin
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On April 23, 2024, the Alberta Court of King's Bench announced a new pilot project which allows civil litigants to apply to the Court for leave to set a matter down for trial earlier then might otherwise be allowed pursuant to the Alberta Rules of Court, Alta Reg 128/2010 [Rules], specifically Rule 8.4, which requires a number of pre-conditions to have been met.

HISTORICAL APPROACH

Rule 1.2 of the Rules states that the Rules should be used to "facilitate the quickest means of resolving a claim at the least expense." Tension arises between this foundational rule and the related object of the Rules, being to ensure that judicial resources are not wasted, in circumstances where civil actions that have been set down for trial are adjourned late because they are not ready to proceed.

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