Share on LinkedInShare on LinkedIn

ARTICLE · 02 JANUARY 2024

Summary Trials Are Out, Streamlined Trials Are In

The Court of King's Bench (the "Court") is launching a new streamlined trial process beginning January 1, 2024, which entirely replaces the seldom-used summary trial process.

CanadaLitigation, Mediation & Arbitration

The Court of King's Bench (the "Court") is launching a new streamlined trial process beginning January 1, 2024, which entirely replaces the seldom-used summary trial process. Streamlined trials will hopefully provide a faster, cheaper path to resolve civil actions not requiring a full trial. Borrowing from the arbitration world, the procedure emphasizes reliance on written rather than oral evidence, with significant flexibility to customize the procedure to the specific dispute.

Background

The new streamlined trial process reflects considerable work by the Alberta Rules of Court Committee to find a workable model to replace the existing summary trial process. Two aspects of the summary trial process were particularly unattractive to litigants: (1) the respondent could wait until the eve of the summary trial before objecting to the process, after the applicant had incurred the expense to prepare for the trial, and (2) the judge could decline to make a ruling at the

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

See more popular content from