ALBERTA RULES OF COURT · 2(1) The Alberta Rules of Court (AR 124/2010) apply to an application to...

ALBERTA RULES OF COURT

Effective November 1, 2010

Current as of May 1, 2020

VOLUME TWO

Published May 1, 2020

January 1, 2019

Alberta Rules of Court

Volume 1 Part 1: Foundational Rules Part 2: The Parties to Litigation Part 3: Court Actions Part 4: Managing Litigation Part 5: Disclosure of Information Part 6: Resolving Issues and Preserving Rights Part 7: Resolving Claims Without Full Trial Part 8: Trial Part 9: Judgments and Orders Part 10: Lawyers’ Charges, Recoverable Costs of Litigation, and Sanctions Part 11: Service of Documents Part 12: Family Law Rules Part 13: Technical Rules Part 14: Appeals Part 15: Transitional Provisions and Coming Into Force Schedule A: Forms Division 1 — Civil Forms Division 2 — Family Forms Schedule B: Court Fees and Witness and Other Allowances Schedule C: Tariff of Recoverable Fees Appendix: Definitions Index

January 1, 2019

Volume 2 Surrogate Court

Surrogate Rules Surrogate Practice Notes Surrogate Rules Index

Court of Queen’s Bench Court of Queen’s Bench Notices to the Profession and Public Court of Queen’s Bench Civil Practice Notes Court of Queen’s Bench Family Practice Notes Court of Queen’s Bench Commercial Practice Notes

Court of Appeal Court of Appeal Notices to the Profession Court of Appeal Practice Directions

Criminal Court of Queen’s Bench Criminal Procedure Rules Court of Queen’s Bench Criminal Practice Notes Court of Appeal Criminal Appeals Rules

Provincial Court Civil Procedure Regulation Civil Forms Regulation Civil Division Mediation Rules Fees Regulation Provincial Court Practice Notes Provincial Court Procedures (Family Law) Regulation Intake and Caseflow Management Regulation Constitutional Notice Regulation

Winding-up Rules Local Authorities Election Act Judgment Interest Regulation

Alberta Rules of Court Surrogate Rules Volume 2 Table of Contents

1 May, 2020

(Consolidated up to 37/2020)

ALBERTA REGULATION 130/95

Court of Queen’s Bench Act

SURROGATE RULES

Table of Contents

1 Definitions 2 Rules of Court 4 Application for directions 5 Notice to attend or produce 6 Venue 8 Additional information 9 Forms

Part 1 Non-contentious Matters

9.1 Personal representative’s notice when acting without a grant Division 1 Application for Grant

10 Grants 12 Limited grant 13 Forms required

Will 14 Void gift 15 Wills and codicils 16 Identification by witness 17 Proving signing of will 18 Will not in English 19 Witnesses dead 20 Dated will 21 Minor testator 22 Other documents 23 Formal proof of will 24 Lost will 25 Alterations, etc.

Notice Required 26 Notice of application


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27 Unknown beneficiary

Bonds 28 Bonds 29 Dispensation from bond 30 Application re bond 31 Powers of court

Personal Representatives 32 Renunciation 33 Nominations 34 Grant of double probate 35 Grant of re-sealed probate or re-sealed administration 36 Ancillary grant 37 Unadministered property

Claimants 38 Notice to claimants 39 Notice by claimant 40 Verification of claims 41 Valuation of security 42 Contested claims 43 Claims not yet payable

Duties of the Clerk 44 Fees 44.1 Waiver of fees 45 Applications 46 Grants 47 Retention of documents 48 Copies of documents 49 Clerk’s certificate

Division 2 Administration of Minors’ Property

49.1 Definition of trusteeship order 50 Application for trusteeship order 51 Documents to be served 52 Security 53 Dispensing with security 54 Application of rules


3 May, 2020

Division 3 Making, Altering or Revoking of a Will by a Minor

54.1 Application under Wills and Succession Act

Part 2 Contentious Matters Division 1 General

55 Application 56 Parties 57 Persons interested in the estate 58 Commencement of action 58.1 Reply and demand for notice 59 Documents to be served 60 Service 61 Notice 62 Representation 63 Proceedings in chambers 64 Procedure at hearing 65 Standing 66 Trial of an issue 67 Time limit 68 Production of testamentary documents 69 Security for costs 70 Time for completion

Division 1.1 Applications under Various Acts

70.1 Applications under various Acts 70.2 Powers of the court 70.3 Parties, etc. 70.4 Service 70.5 Notice 70.6 Rules that apply to service of documents 70.7 Proceedings in chambers 70.8 Witness fees 70.9 Disclosure of financial information in family

maintenance and support applications

Division 2 Proceedings on Caveats

71 Caveat against issue of grant


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72 Warning to caveator 73 Objection to grant 74 Frivolous or vexatious caveat

Division 3 Formal Proof of a Will

75 Applications 76 Original will lost or destroyed 77 Required documents 78 Persons interested in the estate 79 Action commenced by a person interested in the estate 80 Special applications 81 Order requiring formal probate 82 Parties 83 Trial 84 Hearing in chambers 85 Evidence 86 Order of decisions 87 Order of proceedings 88 Other proceedings 89 Witness fees 90 Powers of the court 91 Order final 92 Appeal 93 Return and revocation of informal grant

Division 4 Proof of Death

94 Proof of death

Division 5 Claims on an Estate

95 Contested claim 96 Application to court

Part 3 Accounting Division 1 General

97 Requirement for an accounting 98 Contents of financial statements 99 Acceptable documentation

Alberta Rules of Court Surrogate Rules Volume 2 Rule 1

5 May, 2020

Division 2 Releases

100 Releases 101 Effect of release 102 Bond

Division 3 Dispensing with Formal Passing of Accounts

103 Dispensing with passing accounts 104 Proceeding without notice 105 Court order 106 Objection

Division 4 Passing Accounts

107 Required forms 108 Application by person interested in estate 109 Reply 110 Withdrawal 111 Objection 112 Consent to an accounting 113 Powers of court 114 Notice of objection 115 Examination of accounts by professional accounting firm 116 Access to records 117 Report

Part 5 Transitional, Repeal and Commencement

Schedule 1 - Legal and Personal Representative Compensation Schedule 2 - Court Fees Schedule 3 - Forms

Definitions

1 In these Rules, (a) repealed AR 44/2015 s2; (b) “beneficiaries” includes persons who receive gifts of any kind under a

will and heirs on intestacy; (c) “claimants” includes creditors; (d) “contentious matter” means (i) proceedings respecting caveats,


6 May, 2020

(ii) formal proof of a will, (iii) proceedings in which the right to obtain or retain a grant is in

dispute, or (iv) any other matter in dispute that arises in the administration of an

estate to which these Rules apply; (e) “file” means file with the clerk at the judicial centre at which an

application must be made; (f) “financial statement” means a formal financial report or statement

required to be prepared by a personal representative under Part 3; (g) “form” means a form in Schedule 3; (h) “formal proof of a will” means proof of a will in solemn form; (i) “minor”, except in rule 54.1, includes an unborn child; (j) “person” includes an organization or society; (k) “person interested in an estate” means a person referred to in rule 57; (l) “personal representative” means an executor of a will or an

administrator or trustee of an estate to which these Rules apply, and includes a person named as an executor or trustee in a will before a grant is issued;

(l.1) “recorded mail” means recorded mail as defined in the Alberta Rules of Court (AR 124/2010);

(m) “residuary beneficiary” means a person receiving a part or all of the residue of the estate;

(n) “sign” with reference to a document means the execution of the document whether by signing or by some other means;

(o) “will” includes any testamentary disposition. AR 130/95 s1;53/2001;165/2010;10/2012;44/2015

Rules of Court

2(1) The Alberta Rules of Court (AR 124/2010) apply to an application to the court if the matter is not otherwise dealt with under these Rules or the context indicates otherwise.

(2) The court may vary any rule in any case where the court decides it is appropriate to do so.

(3) Subrule (2) does not apply if the rule imposes a duty on the court.

(4) If provision for a procedure or matter is not made in these Rules or is not included in and cannot be analogized to the Alberta Rules of Court (AR 124/2010), the court may make any order concerning it that is necessary or appropriate in the circumstances.

AR 130/95 s2;165/2010


7 May, 2020

3 Repealed AR 53/2001 s3.

Application for directions

4(1) A personal representative or a person interested in an estate may apply in Form C 1 to the court for directions at any time.

(2) On an application for directions, the court may consider (a) practice, procedural or other issues or questions and ways to resolve

them, and (b) any other matter that may aid in the resolution or facilitate the

resolution of a claim, application or proceeding or otherwise fairly or justly resolve the matter for which direction is sought.

AR 130/95 s4;10/2012

Notice to attend or produce

5(1) The court may issue (a) a notice to compel attendance or to compel the production of any

relevant documents, or (b) a notice of future applications.

(2) The court may (a) issue a notice to classes of persons interested in the estate generally

rather than to individuals by name, and (b) state the method of service to be used for the notice.

Venue

6(1) An application for a grant must be filed at the judicial centre that is closest by road to the location where the deceased resided on the date of death unless the court permits otherwise.

(2) If the deceased resided outside Alberta immediately before dying, an application for a grant may be filed at the judicial centre that is closest by road to a location in Alberta where the deceased had property on the date of death.

AR 130/95 s6;165/2010


Additional information

8 On any application to which these Rules apply, the court may require the applicant to give any additional information that the court decides is necessary.


8 May, 2020

Forms

9 The forms in Schedule 3 are the forms required to be filed under these Rules.

Part 1 Non-contentious Matters

Personal representative’s notice when acting without a grant

9.1(1) A personal representative’s notice under section 10(1)(a) of the Estate Administration Act to a beneficiary may be in Form NGA 1 and must include at least the following:

(a) the deceased’s name, place of residence and date of death; (b) the personal representative’s name and contact information; (c) the date of the deceased’s will; (d) a description of the gift left by the will to the beneficiary or, in the case

of a partial intestacy, a reference to the applicable provision of the Wills and Succession Act or the Intestate Succession Act, RSA 2000 cI-10;

(e) a statement that all gifts are subject to prior payment of all debts and other claims against the estate;

(f) if the beneficiary is a residuary beneficiary, a copy of the will.

(2) A personal representative’s notice under section 10(1)(b) of the Estate Administration Act to a family member or to an attorney, a trustee, the Public Trustee or a guardian on behalf of a family member may be in Form NGA 2 and must include at least the following:

(a) the deceased’s name, place of residence and date of death; (b) the personal representative’s name and contact information; (c) the date of the deceased’s will; (d) a statement that the family member may be entitled to make a claim for

maintenance and support under the Wills and Succession Act or the Dependants Relief Act, RSA 2000 cD-10.5, because the will does not give the family member all the property in the deceased’s estate, and that the court may change the distribution of the estate to provide the family member with maintenance and support if the court is satisfied that the circumstances warrant it;

(e) a copy of the will.

(3) A personal representative’s notice under section 10(1)(c) of the Estate Administration Act to a spouse or under section 10(1)(c.1) of that Act to an adult interdependent partner may be in Form NGA 3 and must include at least the following:


9 May, 2020

(a) the deceased’s name, place of residence and date of death; (b) the personal representative’s name and contact information; (c) the date of the deceased’s will; (d) a statement that the spouse or adult interdependent partner may be

entitled to make a claim under the Family Property Act because the will does not give the spouse or adult interdependent partner all the property in the deceased’s estate;

(e) a copy of the will.

(4) A personal representative’s notice under section 10(1)(d) of the Estate Administration Act to the Public Trustee or another person may be in Form NGA 4 and must include at least the following:

(a) the name of the person who is interested in the estate; (b) an identification of whether the notice is provided to the recipient as (i) an attorney under an enduring power of attorney for the person

who is interested in the estate, (ii) a trustee of a represented adult who is interested in the estate, (iii) the Public Trustee because the person who is interested in the

estate was a minor on the date of the deceased’s death or is a missing person as defined in the Public Trustee Act, or

(iv) a guardian of a minor who is interested in the estate; (c) the information that subrule (1)(a) to (e) requires for a notice to a

beneficiary, which may be included in the document that contains the information required by clauses (a) and (b) or set out in a separate document;

(d) a copy of the will.

(5) A notice referred to in this rule must be given in a manner that is likely to bring it to the attention of the intended recipient.

AR 44/2015 s3;156/2019

Division 1 Application for Grant

Grants

10(1) The following grants may be applied for under this Part: (a) grants that are unlimited and unrestricted, including (i) a grant of probate; (ii) a grant of administration with will annexed (cum testamento

annexo); (iii) a grant of administration; (iv) a supplemental grant (cessate);


10 May, 2020

(v) a grant of double probate; (b) grants that are limited to part of the deceased’s property, including (i) a grant of administration of unadministered property (de bonis non

administratis); (ii) a grant of re-sealed probate with respect to property in Alberta; (iii) a grant of re-sealed administration with respect to property in

Alberta; (iv) a grant of administration limited to specific property; (v) a grant of administration of property not included in another grant

(caeterorum bonorum); (vi) an ancillary grant; (c) grants that are for a limited time, including (i) a grant of administration until a will is found; (ii) a grant of administration during the minority, absence or mental

incompetence of the personal representative (durante minoritate, absentia, dementia);

(d) grants that are for a limited purpose only, including (i) a grant of administration when the validity of a will is in question

(pendente lite); (ii) a grant of administration for the purpose of litigation (ad litem); (iii) a grant of administration for the preservation of property (ad

colligendum bona defuncti); (iv) a grant of administration limited to a specified matter.

(2) The court may issue any grant that is not referred to in subsection (1) that the court considers proper in the circumstances.

(3) Unless the court, on application, orders otherwise, a grant of administration must not be given to more than 3 persons at the same time.

(4) A grant may be in any of forms NC 36 to NC 42, as appropriate, or in any other form that is appropriate to the nature of the grant.

AR 130/95 s10;132/2000;44/2015


Limited grant

12(1) If the grant applied for is limited in any manner, the limitation must appear clearly on the application.

(2) If the grant given is limited in any manner, the limitation must appear clearly on the grant.


11 May, 2020

Forms required

13(1) An applicant for a grant of probate or a grant of administration with will annexed

(a) must file the following forms: (i) Form NC 1; (ii) Form NC 2; (iii) Form NC 3 Schedule 1; (iv) Form NC 4 Schedule 2; (v) Form NC 8; (vi) Form NC 5 Schedule 3; (vii) Form NC 6 Schedule 4; (viii) Form NC 7 Schedule 5; (ix) Form NC 19; (x) Form NC 27; (b) if the circumstances require, must file the following forms: (i) Form NC 20; (ii) Form NC 17; (iii) Form NC 22; (iv) Form NC 23; (v) Form NC 24; (vi) Form NC 12; (vii) Form NC 14; (viii) Form NC 24.1; (ix) Form NC 25; (x) Form NC 20.1.

(2) An applicant for a grant of administration or a limited grant of administration (a) must file the following forms: (i) Form NC 1; (ii) Form NC 2; (iii) Form NC 3 Schedule 1; (iv) Form NC 5 Schedule 3; (v) Form NC 6 Schedule 4; (vi) Form NC 7 Schedule 5; (vii) repealed AR 132/2000; (viii) Form NC 27;


12 May, 2020

(b) if the circumstances require, must file the following forms: (i) Form NC 17; (ii) Form NC 22; (iii) Form NC 23; (iv) Form NC 24; (v) Form NC 15; (vi) Form NC 16; (vii) Form NC 24.1; (viii) Form NC 25; (ix) Form NC 21.

(3) An applicant for a grant who is an attorney entitled by law to make the application must file the following forms and any relevant forms referred to in subrule (1) or (2):

(a) Form NC 28; (b) Form NC 29.

(4) An applicant for a grant of double probate must file the following forms and any relevant forms referred to in subrule (1):

(a) Form NC 30; (b) Form NC 31.

(5) An applicant for an order to re-seal a foreign grant of probate or administration or an ancillary grant must file the following forms and any relevant forms referred to in subrule (1) or (2):

(a) Form NC 32 application; (b) Form NC 33 affidavit; (c) a copy, duplicate or exemplification of the foreign grant that complies

with section 18(3)(a) of the Estate Administration Act; (d) a certificate from the foreign court or some other proof satisfactory to

the court that the foreign grant is unrevoked and fully effective; (e) proof that the signing formalities of any will comply with the law of

Alberta if the deceased owned an interest in land in Alberta.

(6) An applicant must file any forms or documents not referred to in subrules (1) to (5) that the court or the circumstances of the estate require.

(7) If a will or a person authorized by a will appoints a person to hold property in trust, an acknowledgment of trustee(s) in Form NC 6.1 signed by the trustee(s) of each trust must be filed.


13 May, 2020

(8) If a person referred to in subrule (7) does not wish to or cannot act as trustee in respect of the property, the person must renounce in Form NC 12.1 or by a method approved by the court.

(9) The personal representative must not make a distribution to a trustee of any property that is subject to a trust under a will until after

(a) an acknowledgment of trustee(s) in Form NC 6.1 signed by the trustee(s) has been filed, and

(b) all persons who, under the will, have a right to trusteeship that is prior or equal to the right of the trustee(s) referred to in clause (a) have renounced their rights to act as trustee in Form NC 12.1 or by a method approved by the court.

(10) The court, at any time, may dispense with a renunciation required by subrule (8) or (9)(b). AR 130/95 s13;132/2000;251/2001;101/2010;10/2012;44/2015;37/2020

Will

Void gift

14 Subject to the reinstatement of a gift by the court under section 40 of the Wills and Succession Act, an application made with respect to a will must indicate that a gift is void if the will provides for a gift to a beneficiary who

(a) is a witness to the will, (b) is an individual who signed the will on behalf of the testator under

section 19(1) of the Wills and Succession Act, (c) is an interpreter who provided translation services in respect of the

making of the will, or (d) is, within the meaning of section 21(3) of the Wills and Succession Act,

the spouse or adult interdependent partner of an individual described in clause (a), (b) or (c).

AR 130/95 s14; 201/2003; 107/2004;10/2012

Wills and codicils

15 Subject to section 45 of the Alberta Evidence Act, the original will and any original codicils must be attached to an application for a grant of probate or a grant of administration with will annexed.

AR 130/95 s15;44/2015


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Identification by witness

16(1) If possible, the applicant, the person before whom the applicant’s affidavit is sworn and the justice must each mark the will, and any codicil, in such a way that the will is identified for the purposes of the application and of any affidavit respecting the application.

(2) Any marking on a will must be made below the signatures on either the front or back of the last page of the will and must not obliterate or damage the original will.

(3) A witness to a will must prove that the signing formalities were observed by providing an affidavit in Form NC 8 and the original will must be an exhibit to the affidavit.

(4) If a will is a holograph will, a person other than the applicant, unless otherwise ordered by the court, must prove the deceased’s handwriting by providing an affidavit in Form NC 9.

(5) An affidavit sworn by a witness to a will at the time that a will is signed is acceptable as proof that the formalities were observed, unless there is an apparent change in the will that the witness has not satisfactorily explained in the affidavit.

(6) An affidavit referred to in subrule (5) may be in a form other than Form NC 8 if it is sworn before these Rules come into force.

(7) The court may require any further identification of a will the court considers necessary if the will is written on more than one piece of paper and not all pieces are identified by the signature or initials of the deceased and the witnesses.

(8) The following may be used to mark a will for identification under this rule: (a) respecting Schedule 2 of the application:

This is the will referred to in Schedule 2 and is exhibit A to the affidavit of ______ ____, a witness to this will.

___________________________ (Applicant’s Signature) ___________________________ (A Commissioner for Oaths in and for Alberta) _________________________________________ (Justice of the Court of Queen’s Bench of Alberta)

(b) respecting an affidavit of a witness to the will: This is exhibit A referred to in the affidavit of (deponent’s name). Sworn before me on ___________


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_______________________ (A Commissioner for Oaths in and for Alberta)

AR 130/95 s16;135/96;53/2001;37/2020

Proving signing of will

17 If the deceased at the time a will was made (a) was blind, (b) was illiterate, (c) did not fully understand English, (d) indicated an intention to give effect to the will with a mark, or (e) indicated an intention to give effect to the will by having another

person sign at the deceased’s direction,

the applicant must satisfy the court that the deceased and the witnesses were present when the will was signed, that the will was fully explained to the deceased and that the deceased appeared to the witnesses to fully understand the will.

Will not in English

18 If a will is written in a language other than English, the applicant must give an affidavit in Form NC 10 verifying the will’s translation into English.

Witnesses dead

19 If both witnesses to a will are dead or neither witness can give an affidavit for any reason, the applicant may establish proof that the formalities required for a will to be valid were observed by an affidavit

(a) in Form NC 9 attesting to the authenticity of the signature of the deceased, or

(b) from any person (i) who did not sign as a witness, (ii) who was present during the signing of the will, and (iii) who can attest to the circumstances.

AR 130/95 s19;44/2015

Dated will

20(1) If there is no indication on a will of the date on which the will was signed or reference to the date is imperfect, one of the attesting witnesses must give evidence of the date on which the will was signed.


16 May, 2020

(2) If subrule (1) cannot be complied with, the court may require the applicant (a) to give evidence of the signing of the will between 2 stated dates, and (b) to give evidence that a search for a later will has been made and none

was found.

Minor testator

21 If the deceased was under 18 years of age at the time the will was made, the applicant must prove that the deceased at that time

(a) had a spouse or adult interdependent partner, (b) was a member of (i) a regular force as defined in the National Defence Act (Canada),

or (ii) another component of the Canadian Forces and was, at the time of

making the will, placed on active service under the National Defence Act (Canada),

(c) was authorized to make, alter or revoke a will by an order of the court under section 36 of the Wills and Succession Act, or

(d) in respect of a will made before the coming into force of the Wills and Succession Act, was a person described in section 9(1)(c) or (3) of the Wills Act.

AR 130/95 s21;10/2012

Other documents

22(1) If a will refers to a document or the applicant knows of a document that may form part of a will, the applicant must give the document to the court with the application.

(2) If a document referred to in subrule (1) is not given with an application, the applicant must explain to the satisfaction of the court why it is not.

Formal proof of will

23 The court may require formal proof of a will under Part 2 or any other proof satisfactory to the court, if

(a) no witness is available to swear the necessary affidavit, (b) the appearance of the will indicates an attempt to cancel it by burning,

tearing or any other act of destruction, (c) words in the will that might be important have been erased or

obliterated, or (d) in the opinion of the court, circumstances require formal proof of the

will.


17 May, 2020

Lost will

24 If an original will is lost or destroyed but a copy or other evidence of it exists, the court may admit the copy or other evidence to probate if

(a) the will is proved formally under Division 3 of Part 2, or (b) in the opinion of the court, the will can be adequately identified under

this Part.

Alterations, etc.

25 If the court directs that any alterations, interlineations, erasures or obliterations should be omitted from a will, the clerk must omit them from the copy of the will attached to the grant.

Notice Required

Notice of application

26(1) An applicant must serve notice of any application for a grant (a) in Form NC 19, Form NC 20 or Form NC 21 to the persons listed in

Form NC 6 as filed, (a.1) in Form NC 20.1 to the appropriate persons, if any, and (b) in Form NC 22, Form NC 23, Form NC 24 or Form NC 24.1 to the

appropriate persons, if any.

(1.1) Where section 12(1)(a), (b) or (d) of the Estate Administration Act requires the applicant to serve notice on an attorney, trustee or guardian, the applicant must serve the attorney, trustee or guardian with the applicable forms referred to in subrule (1) and any other applicable documents referred to in those forms.

(1.2) Where section 12(1)(c) of the Estate Administration Act requires the applicant to serve notice on the Public Trustee, the applicant must serve the Public Trustee with a notice in Form NC 24.1 and any other applicable documents referred to in that form.

(2) A copy of the completed application must be served with a notice required under this rule on any person who is a residuary beneficiary or an heir on intestacy.

(3) A person may be served under this rule by (a) leaving the document with the person, (b) sending the document by recorded mail addressed to the person, or (c) giving the document to a lawyer who is authorized to accept and who,

in writing, accepts service on behalf of the person.


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(4) If a person is required to be served under this rule, proof of the service must be filed in Form NC 27.

(5) If the applicant does not file proof of service on a person as required by subrule (4), the court may issue a grant only if it is satisfied with the reason given by the applicant for not filing the proof of service as required.

(6) Service under this section is valid despite a later amendment to the application that is made at the direction of the court.

AR 130/95 s26;135/96;132/2000;165/2010;10/2012;37/2020

Unknown beneficiary

27 If an applicant knows of a particular beneficiary but does not know the identity or address of the beneficiary, the applicant must file an affidavit in Form NC 25 to that effect with the application.

Bonds

Bonds

28(1) Subject to subrule (2), a personal representative who is not a resident of Alberta must provide a bond or other security approved by the court.

(2) A personal representative is not required to provide a bond or other security if

(a) the personal representative is resident in Alberta, or

(b) there are 2 or more personal representatives and one of them is resident in Alberta.

(3) If a non-resident personal representative must provide a bond, the bond must be from an insurer licensed under the Insurance Act to undertake fidelity insurance as defined in section 1(1)(h) of the Classes of Insurance Regulation (AR 144/2011).

(4) A bond or other security must be for an amount equal to

(a) the gross value of the deceased’s property in Alberta,

less

(b) if the court so orders, any amount distributable to the personal representative as a beneficiary.

AR 130/95 s28;7/2005;44/2015

Dispensation from bond

29(1) A non-resident personal representative may apply


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(a) to dispense with a requirement under rule 28(1) to provide a bond or other security,

(b) for approval of security other than a bond, or (c) to reduce the amount of a bond or other security

by filing an affidavit in Form NC 17.

(2) An applicant under this rule may file a beneficiary’s consent to dispensing with a bond or other security in Form NC 18 in support of the application.

AR 130/95 s29;44/2015

Application re bond

30(1) Any person interested in an estate may apply to the court for an order that a bond or other security be required from a resident personal representative despite rule 28(2) if the personal representative is not named as executor in the will.

(2) Any person interested in an estate may apply to the court for an order requiring a non-resident personal representative to provide a bond or other security despite rule 28(2), whether or not an application is made under rule 29.

AR 130/95 s30;44/2015

Powers of court

31(1) The court, on an application under rule 29 or 30, may, before or after issuing a grant but only after considering the interests of the beneficiaries and claimants of the estate,

(a) require a bond or other security; (b) reduce the amount of a bond or other security; (c) dispense with the requirements for a bond or other security; (d) impose conditions on the applicant or any other person interested in the

estate; (e) require more information; (f) do any other thing that the circumstances require.

(2) The court must not require a lawyer representing an applicant to undertake to retain control of the property in the estate as a condition of dispensing with a bond or other security.

AR 130/95 s31;44/2015


20 May, 2020

Personal Representatives

Renunciation

32(1) If a personal representative named in a will does not wish to or cannot apply for a grant of probate, the personal representative must renounce in Form NC 12 or by a method approved by the court.

(2) Before a grant of administration may be issued to an applicant, all those who rank higher or equal to the applicant under section 13(1)(b) of the Estate Administration Act must renounce their rights to apply for a grant in form NC 14 or NC 15 or by a method approved by the court.

(3) The court, at any time, may dispense with a renunciation required by subrule (1) or (2).

(4) Renunciation under this rule does not by itself prevent a personal representative named in a will from applying for a grant of administration with will annexed.

AR 130/95 s32;44/2015

Nominations

33(1) A person entitled to a grant of administration or a grant of administration with will annexed may nominate, in Form NC 16, a person to be the personal representative for the purpose of applying for the grant.

(2) A person expressly authorized in a will to appoint a personal representative may nominate, in Form NC 16, a person to be the personal representative for the purpose of applying for a grant of administration or probate.

AR 130/95 s33;132/2000; 306/2009;44/2015

Grant of double probate

34(1) If all the personal representatives named in a will do not apply for a grant of probate at the same time, the personal representatives who do not apply

(a) must reserve their right to apply later by filing Form NC 13 at the time the initial grant of probate is applied for, and

(b) may apply by filing Forms NC 30 and NC 31 for a grant of double probate at any time after filing Form NC 13.

(2) A personal representative to whom subrule (1) applies who does not comply with subrule (1)(a) may not apply for a grant of double probate.

(3) An alternate personal representative named in a will may apply for a grant of double probate if it is necessary for the alternate personal representative to complete the administration of the estate.


21 May, 2020

(4) The original grant of probate must be surrendered with an application under this rule.

AR 107/2004

Grant of re-sealed probate or re-sealed administration

35(1) An applicant may apply in accordance with rule 13(5) and (6) for an order resealing a foreign grant, as defined in section 18(1)(a) of the Estate Administration Act.

(2) An application under subrule (1) must show only the property and debts of the deceased in Alberta.

(3) Repealed AR 44/2015 s15. AR 130/95 s35;251/2001;44/2015

Ancillary grant

36 An applicant may apply in accordance with rule 13(5) and (6) for an ancillary grant under section 19(1) of the Estate Administration Act.

AR 130/95 s36;251/2001;44/2015

Unadministered property

37(1) If a deceased was the personal representative of an intestate person, another person may apply for a grant of administration of the unadministered property of the intestate person.

(2) If a deceased was the personal representative of a testate person and the deceased did not appoint a personal representative for the deceased’s estate, another person may apply for a grant of administration with will annexed of the unadministered property of the testate person.

(3) If the personal representative of a testate person resigns and there is no alternate personal representative named in the will, another person may apply for a grant of administration with will annexed of the unadministered property of the testate person.

(4) An applicant under subrule (1), (2) or (3) (a) subject to subrule (5), must file the same documents as those filed in

the original application for a grant, and (b) must file an affidavit attesting to the details of the original grant and to

the death or resignation of the personal representative.

(5) An application under subrule (1), (2) or (3) must show only the description and value of the unadministered property on the date of the application.


22 May, 2020

(6) The original grant must be surrendered with an application under subrule (1), (2) or (3).

AR 107/2004

Claimants

Notice to claimants

38(1) If a personal representative publishes a notice to claimants, the personal representative

(a) must do so in accordance with this rule, (b) may use Form NC 34, and (c) may file proof of publication in form NC 34.1.

(2) A notice to claimants must be published in a newspaper (a) that is published or circulated in the area where the deceased usually

lived, or (b) if the deceased did not usually live in Alberta, that is published or

circulated in the area where a significant amount of the deceased’s property is situated.

(3) A notice to claimants must be published, (a) in the case of an estate with a gross value of $100 000 or less, at least

once, or (b) in the case of an estate with a gross value of more than $100 000, at

least twice with 5 days or more between the publications. AR 130/95 s38;135/96;165/2010;44/2015

Notice by claimant

39(1) A claimant must notify a personal representative of the claim not more than 1 month after the date on which the last notice is published under rule 38.

(2) A claimant who does not comply with subsection (1) may make a claim against an estate only with the prior consent of the court.

AR 130/95 s39;165/2010

Verification of claims

40 If a personal representative has notice of a claim against the estate, the personal representative may require the claimant to verify the claim using a statutory declaration in Form NC 35.

AR 130/95 s40;251/2001;10/2012;44/2015


23 May, 2020

Valuation of security

41(1) If security is held by a claimant wholly or partly to secure a claim against the estate and

(a) the claimant does not give a value to the security, or (b) a dispute arises between the claimant and the personal representative

regarding the value of the security,

the personal representative may, by filing an application in Form C1 and an affidavit in Form C2, apply to the court for an order under this rule.

(2) A personal representative must give at least 5 days’ notice of an application under subrule (1) to the claimant.

(3) On an application by the personal representative, the court may (a) require the claimant to file a statutory declaration specifying the value

of the security with the personal representative within the time limited by the order, and

(b) declare that the rights of the claimant against the estate in respect of the claim or the part of it that is secured are barred if the claimant does not comply with the order under clause (a).

(4) If a claim is secured, the personal representative may (a) consent to the claimant’s ranking with other claimants for the amount

of the claim after the value of the security specified in the declaration is deducted, or

(b) require an assignment of the security to the estate at the value specified in the declaration of the claimant.

(5) If an assignment is required under subrule (4), the difference between the value at which the security is assigned to the estate and the amount of the gross claim of the claimant is the amount for which the claimant ranks with other claimants.

(6) If the personal representative requires an assignment of a security under subrule (4), the claimant must assign the security to the estate after the claimant has received

(a) payment of the value of the security as specified in the declaration, and (b) interest to the date of payment if the indebtedness bears interest.

(7) Nothing in this Part prejudices any of the rights or remedies of a secured claimant before the personal representative has given notice that an assignment of the security is required and payment is tendered in respect of that security.


24 May, 2020

(8) If the claim of a claimant is based on a negotiable instrument that is not mature or exigible and on which the deceased is indirectly or secondarily liable, the claim is secured for the purposes of this Part, and the claimant must give the value of the liability of the person primarily liable on the instrument as the claimant’s security for repayment of the claim.

(9) If, after the instrument referred to in subrule (8) matures, the liability is not paid by the person primarily liable, the claimant may amend and revalue the claim.

AR 130/95 s41;165/2010;44/2015

Contested claims

42 Part 2, Division 5 applies if a personal representative does not agree to all or part of a claim by a claimant against an estate.

Claims not yet payable

43(1) Rules 40, 41 and 42 apply to a claim that is not payable at the time a grant is issued in respect of the estate and for which, for that reason, an action for the recovery of the claim cannot be brought.

(2) If a claim to which subrule (1) applies is established, the claimant may take proceedings to enforce payment of it only with the consent of the court.

Duties of the Clerk

Fees

44 The clerk may charge fees in accordance with Schedule 2 for the performance of duties and services by the clerk under these Rules.

Waiver of fees

44.1 The clerk may waive the fee payable by an individual under Schedule 2, in whole or in part, in accordance with guidelines, if any, established or adopted by the Minister of Justice and Solicitor General for persons unable to pay fees.

AR 76/2015 s2

Applications

45(1) The clerk must (a) number and date every application for a grant when it is filed, (b) record the information in the appropriate court records, (c) present all applications to the court for its order and direction, and (d) send any rejection notice in Form NC 26 to the applicant.


25 May, 2020

(2) When application is made for a grant, the clerk shall promptly search the court records to determine whether

(a) any other application has been filed or a grant has issued in respect of the same estate or minor,

(b) a caveat has been filed in respect of the same estate or minor and has not expired or been withdrawn or discharged, or

(c) a will of the same deceased was, during the life of the deceased, deposited with a clerk of the surrogate court before June 19, 1995 or a clerk of the district court before July 12, 1967.

(3) Unless the court, on application, orders otherwise, no grant shall be issued until the clerk has completed a search under subrule (2) and confirmed that

(a) no other application referred to in subrule (2)(a) has been filed, (b) no grant referred to in subrule (2)(a) has issued, (c) no caveat referred to in subrule (2)(b) has been filed, and (d) no will referred to in subrule (2)(c) has been deposited.

AR 130/95 s45;44/2015

Grants

46 The clerk must (a) sign all grants and copies of any will forming part of or attached to a

grant; (b) issue all grants using the court seal on request; (c) record all grants and copies of wills in the appropriate court records.

AR 130/95 s46; 165/2010

Retention of documents

47 The clerk must retain a sealed duplicate of all grants issued.

Copies of documents

48 Unless the court requires otherwise, the clerk, on payment of the required fee, must give copies of all documents filed in the court to any person who asks for them.

Clerk’s certificate

49 The clerk may issue a certificate in Form NC 49 that a grant or other document is in force.

Alberta Rules of Court Surrogate Rules Volume 2 Rule 49.1

26 May, 2020

Division 2 Administration of Minors’ Property

Definition of trusteeship order

49.1 In this Division and Schedule 3, “trusteeship order” means an order under section 10 of the Minors’ Property Act appointing one or more persons as trustee of a minor’s property.

AR 37/2020 s6

Application for trusteeship order

50 An application for an order under section 10 of the Minors’ Property Act appointing one or more persons as trustee of a minor’s property may be commenced by filing the following documents with the court:

(a) an application in Form NC 43; (b) an affidavit in Form NC 44; (c) if the minor is 14 years of age or older, the minor’s consent in Form

NC 45, unless the court, under section 14(3) of the Minors’ Property Act, allows the application to be made without the minor’s consent;

(d) if the minor has a parent or guardian who is not an applicant, an affidavit of service in Form NC 27 regarding service of the documents required to be served under rule 51(1) on the parent or guardian, unless the court, under rule 51(2), dispenses with the requirement to serve the parent or guardian;

(e) an affidavit of service in Form NC 27 regarding service of the documents required to be served under rule 51(3) on the Public Trustee.

AR 130/95 s50;37/2020

Documents to be served

51(1) An applicant for a trusteeship order must serve each parent or guardian of the minor, other than an applicant, with the following documents:

(a) a notice to the parent or guardian in Form NC 46; (b) copies of the documents required to be filed under rule 50(a), (b) and

(c); (c) a draft order in Form NC 48 that is clearly marked as a draft.

(2) The court may dispense with the requirement to serve a parent or guardian with any or all of the documents and notice referred to in subrule (1) where the court is of the opinion that it is in the minor's best interest to do so.

(3) An applicant for a trusteeship order must serve the following documents on the Public Trustee:

(a) a notice to the Public Trustee in Form NC 46.1;


27 May, 2020

(b) copies of the documents required to be filed under rule 50(a), (b) and (c);

(c) a draft order in Form NC 48 that is clearly marked as a draft.

(4) The court must not determine an application for a trusteeship order until after (a) each parent and guardian required to be served under this rule has filed

a response to the application or a period of (i) 10 days, if the parent or guardian is a resident of Alberta, or (ii) one month, if the parent or guardian is not a resident of Alberta, has elapsed following service on the parent or guardian without the

parent or guardian having filed a response to the application, and (b) the Public Trustee has filed a response under subrule (6).

(5) A parent or guardian required to be served under this rule may respond by filing a notice in Form NC 46.2 stating whether the parent or guardian

(a) does not object to the application and is not requesting a hearing, or (b) objects to the application and is requesting a hearing.

(6) If a response filed by a parent or guardian or the Public Trustee requests a hearing, the applicant shall set the matter for a hearing and serve notice of the hearing on all persons required to be served under these rules.

(7) Where the court makes a trusteeship order, the applicant must serve a copy of the order on

(a) the minor, if the minor was 14 years of age or older on the day the trusteeship order was made, and

(b) each parent and guardian required to be served under this rule, and (c) the Public Trustee.

(8) Where this rule requires service of a document on the Public Trustee, the document must be served by recorded mail addressed to the Public Trustee.

(9) Where this rule requires service of a document on any person other than the Public Trustee, the document may be served by

(a) leaving the document with the person, (b) sending the document by recorded mail addressed to the person, or (c) giving the document to a lawyer who is authorized to accept and who,

in writing, accepts service on behalf of the person.

(10) Service under subrule (9)(a) is effected on the day the document is left with the person.

(11) Service under subrule (9)(b) is effected on the day an acknowledgment of receipt is signed by the person to whom the document is addressed.


28 May, 2020

(12) Service under this section is valid despite a later amendment to the application that is made at the direction of the court.

AR 130/95 s51;37/2020

Security

52(1) An applicant under this Division must provide a bond or other security that is satisfactory to the court unless the trustee, or one of the trustees, is a trust corporation referred to in section 11(3) of the Minors’ Property Act or the court dispenses with this requirement under subrule (4).

(2) The bond or other security must be in an amount equal to the estimated value of the property to which the order relates unless the court orders otherwise.

(3) Where the court requires a bond under subrule (1), the bond must be from an insurer licensed under the Insurance Act to undertake fidelity insurance as defined in section 1(1)(h) of the Classes of Insurance Regulation (AR 144/2011).

(4) The court may dispense with the requirement for a bond or other security where the court is of the opinion that it is in the minor’s best interests to do so, having regard to other safeguards that are or will be in place.

AR 130/95 s52;7/2005;44/2015;37/2020

Dispensing with security

53 An applicant may apply to dispense with the requirement for a bond or other security by filing an affidavit respecting the matters referred to in rule 52(4).

AR 130/95 s53;7/2005;37/2020

Application of rules

54(1) Rules 55 to 74 and the forms referred to in those rules apply, with the necessary modifications, to an application for a trusteeship order and to the administration of the trust property.

(2) Part 3, except rule 97(2), applies to a trustee under a trusteeship order. AR 130/95 s54;37/2020

Division 3 Making, Altering or Revoking of a Will by a Minor

Application under Wills and Succession Act

54.1(1) In this section, “minor” means an individual referred to in section 36(1) of the Wills and Succession Act.

(2) An application for the purposes of section 36 of the Wills and Succession Act must be made by filing Form C 14, and an accompanying affidavit in Form C 2, with the court.


29 May, 2020

(3) The form and affidavit referred to in subrule (2) must be served at least 5 days before the hearing of the application, unless the court permits a shorter period for service, on the Public Trustee, the parents of the minor, the guardians of the minor and the trustee of the estate of the minor, if any, and anyone else as directed by the court.

(4) The court may dispense with service of the documents referred to in subrule (2) on any person.

AR 10/2012 s10

Part 2 Contentious Matters

Division 1 General

Application

55(1) An application to the court may be made under this Part respecting any contentious matter.

(2) If applying a rule in this Division would lead to a conflict respecting the application of a rule in any other Division in this Part, the rule in the other Division applies and the rule in this Division does not.

Parties

56(1) If a personal representative is not joined as an applicant in an application under this Part, that personal representative must be shown as a respondent in documents filed with the court.

(2) The respondents in an application under this Part must be grouped in accordance with the classes set out in rule 57 in any documents filed with the court.

Persons interested in the estate

57 Subject to rule 78, the classes of persons who may be interested in a particular estate are the following:

(a) personal representatives; (b) residuary beneficiaries; (c) life tenants; (d) specific beneficiaries who have not received their entitlement under the

will; (e) heirs on intestacy;


30 May, 2020

(f) trustees of represented adults under the Adult Guardianship and Trusteeship Act;

(g) attorneys appointed under the Powers of Attorney Act; (h) minors; (i) missing persons; (j) repealed AR 110/2001; (k) unpaid claimants; (l) bonding companies; (m) a group of persons with identical interests ordered to be a class by the

court. (n) family members as defined in section 72(b) of the Wills and Succession

Act; (o) any person who has filed a Form C 1 for a matter relating to the estate.

AR 130/95 s57;110/2001;10/2010;10/2012

Commencement of action

58 A person may commence an application under this Part by filing (a) an application in Form C1, and (b) an affidavit in Form C2.

AR 130/95 s58;10/2012

Reply and demand for notice

58.1(1) For the purposes of Divisions 1.1 and 3, where an application has been filed under rule 58 or 70.1, any person required under rule 57 to be served with the application may file a reply in Form C 2.1, accompanied with an affidavit in Form C 2, if evidence is submitted, or a demand for notice in Form C 2.2.

(2) A demand for notice may be filed and served at any time before the resolution of the matter.

(3) A reply and accompanying affidavit, if any, must be filed and served 5 days or more before the returnable date stated in the application or as directed by the court.

AR 10/2012 s13

Documents to be served

59(1) An applicant must serve copies of the documents required to be filed under these Rules or the Alberta Rules of Court (AR 124/2010) on the persons listed in rule 57 who are interested in the estate, if any.


31 May, 2020

(2) If a missing person as defined in the Public Trustee Act is a person interested in an estate, the applicant must serve the Public Trustee with notice of the application.

AR 130/95 s59;110/2001;165/2010;10/2012

Service

60(1) Service may be made on a person (a) personally or by recorded mail in the case of a commencement

document, (b) by ordinary mail delivery or electronic transmission in the case of

documents other than commencement documents, (c) if documents filed in the matter give an address for service, at that

address, or (d) by serving a lawyer who is authorized to accept service on behalf of a

person.

(2) Proof in Form NC 27 that a person has been served must be filed with the court.

AR 130/95 s60;110/2001;165/2010

Notice

61 Notice of an application must be given (a) to the personal representative one month or more before the hearing; (b) to the Public Trustee 10 days or more before the hearing; (c) to other persons interested in the estate, if they are residents of Alberta,

10 days or more before the hearing; (d) to other persons interested in the estate, if they are not residents of

Alberta, one month or more before the hearing. AR 130/95 s61;165/2010

Representation

62(1) At any time during the proceedings, the court may (a) decide that certain parties form a class with identical interests whether

or not they are also in a class referred to in rule 57, (b) require that all the parties in a class be represented by the same lawyer, (c) determine which parties may cross-examine witnesses and make

representations to the court, (d) require 2 or more persons to be represented by different lawyers if they

are represented by the same lawyer, or (e) appoint a lawyer to represent an unrepresented person.


32 May, 2020

(2) One or more of the persons in a class may appoint a particular lawyer to represent them if they do not accept the lawyer appointed by the others in the class to represent the class.

(3) The costs of a lawyer appointed under subrule (2) may be paid from the estate only if the court specifically orders that the costs are to be paid from the estate.

Proceedings in chambers

63 All proceedings to which this Part applies must be before a justice in chambers unless the court or these Rules require otherwise.

AR 130/95 s63;53/2001

Procedure at hearing

64(1) The court, on hearing an application, may (a) receive evidence by affidavit or orally; (b) dispose of the issues arising out of the application as it considers

appropriate; (b.1) direct a person to file a reply, accompanied with an affidavit, if

evidence is to be submitted, or a demand for notice; (c) direct a trial of issues arising out of the application; (d) grant any relief to which the applicant is entitled because of a breach of

trust, wilful default or other misconduct of a respondent; (e) direct that notice of the court’s judgment or order be given to a

particular person; (f) dispense with service of notice on any person if, in the opinion of the

court, service is impractical; (g) subject to subrule (2), dispense with service of an order and order that a

person is bound by the court’s order as if the person had received notice of it;

(h) order costs to be paid from the estate or by any person who is a party to the application;

(i) make any order that the court considers necessary in the circumstances.

(2) If service on a person is dispensed with under subrule (1) and an order is obtained by fraud or non-disclosure of material facts, that person is not bound by the order.

AR 130/95 s64;165/2010;10/2012

Standing

65 A person served with notice of an order may


33 May, 2020

(a) apply to vary, discharge or add to the order within 20 days after being served, and

(b) attend any proceedings in respect of the order. AR 130/95 s65;165/2010

Trial of an issue

66 If the court orders the trial of an issue, the court must order the procedure to be followed and the terms and conditions under which the trial is to take place.

Time limit

67(1) An applicant must not apply for an order requiring a personal representative to accept or refuse probate until at least 2 months after the date of the death of the testator.

(2) Despite subrule (1), an applicant may apply for an order requiring a personal representative to accept or refuse probate during the period referred to in subrule (1) if, in the opinion of the court, the circumstances warrant the granting of the order.

AR 130/95 s67;165/2010

Production of testamentary documents

68 If an applicant applies for an order requiring the production of a testamentary document or a document that is alleged to be a testamentary document, the court may require a person by affidavit or by an appearance before the court,

(a) to explain why the document should not be produced and deposited with the clerk,

(b) to explain why the document cannot be produced, (c) to give a statement that no testamentary document is or has been in the

person’s possession or control, or (d) to give any information the person has that is relevant to discovering

the document’s present location. AR 130/95 s68;10/2012

Security for costs

69 The court may order security for costs to be posted by any party at any stage of the proceedings under this Division.

Time for completion

70 The court may set a time or times within which matters or proceedings respecting an estate under this Part must be completed.


34 May, 2020

Division 1.1 Applications under Various Acts

Applications under various Acts

70.1(1) An application for the purposes of section 37, 38, 39(1), 40(1), any provision of Part 5 or section 109 of the Wills and Succession Act must be commenced by filing Form C 1 accompanied with an affidavit in Form C 2.

(2) An application for the purposes of section 80.1 of the Family Law Act may be commenced by filing Form C 1 accompanied with an affidavit in Form C 2.

(3) Rule 75(3) and (4) apply to applications referred to in subrule (1).

(4) For the purpose of establishing whether an application referred to in subrule (1) was made within 6 months after the grant, the relevant date is the date of filing of the Form C 1 under that subrule.

AR 10/2012 s17

Powers of the court

70.2 For greater certainty, on an application under this Division the powers of the court include those set out in rules 62, 64, 66, 68, 69, 70, 77(4) and 90.

AR 10/2012 s17

Parties, etc.

70.3 Rules 56, 83, 85, 88 and 91 apply to applications under this Division. AR 10/2012 s17

Service

70.4 Subject to section 91 of the Wills and Succession Act, service of an application under this Division must be made on the persons listed in rule 57 who are interested in the estate and the application, if any, or as otherwise directed by the court.

AR 10/2012 s17

Notice

70.5 Notice of an application under this Division must be given to the persons required to be served under rule 70.4 in accordance with rule 61.

AR 10/2012 s17

Rules that apply to service of documents

70.6 Rules 59 and 60 apply to the service of documents under this Division. AR 10/2012 s17


35 May, 2020

Proceedings in chambers

70.7 Rule 63 applies to an application under this Division. AR 10/2012 s17

Witness fees

70.8 Any person who appears as a witness at a hearing under this Division (a) is entitled to an allowance in accordance with Schedule B, Division 3

of the Alberta Rules of Court (AR 124/2010), and (b) may be given a preparation allowance and any additional allowances in

amounts specified by the court. AR 10/2012 s17

Disclosure of financial information in family maintenance and support applications

70.9(1) Subject to subrule (3), a family member who receives a request under section 95(2)(a) of the Wills and Succession Act must provide the family member, personal representative or other person making the request with the following financial information:

(a) an affidavit respecting the family member’s income, assets and liabilities, including

(i) assets held jointly, (ii) any property or benefit that the family member expects or claims

by reason of the deceased’s death to receive under the Family Property Act, the Dower Act, Part 5, Division 2 of the Wills and Succession Act or otherwise, and

(iii) any interest in an estate, whether vested or contingent; (b) a copy of every personal income tax return filed by the family member

for each of the 3 most recent taxation years or, if a tax return has not been filed for the previous year, a copy of the family member’s T4, T4A and all other relevant tax slips and statements disclosing any and all sources of income for the previous year;

(c) a copy of every notice of assessment or reassessment issued to the family member for each of the 3 most recent taxation years, or a copy of the Canada Revenue Agency printout of the last 3 years’ income tax returns;

(d) if the family member is an employee, a copy of each of the family member’s 3 most recent statements of earnings indicating total earnings paid in the year to date, including overtime or, where such a statement is not provided by the employer, a letter from the employer setting out that information and the rate of annual salary or remuneration;


36 May, 2020

(e) if the family member receives income from employment insurance, social assistance, a pension, workers’ compensation, disability payments, dividends or any other source, the most recent statement of income indicating the total amount of income from the applicable source during the current year or, if such a statement is not provided, a letter from the appropriate authority stating the required information;

(f) if the family member is a student, a statement indicating the total amount of student funding received during the current academic year, including loans, grants, bursaries, scholarships and living allowances;

(g) if the family member is self-employed in an unincorporated business, (i) particulars of every payment issued to the family member during

the 6 most recent weeks from any business or corporation in which the family member has an interest or to which the family member has rendered a service,

(ii) the financial statements of the family member’s businesses or professional practices for the 3 most recent taxation years, and

(iii) a statement showing a breakdown of all salaries, wages, management fees or other payments or benefits paid to the family member or to individuals or corporations with whom the family member does not deal at arm’s length for the 3 most recent taxation years;

(h) if the family member is a partner in a partnership, confirmation of the family member’s income and draw from, and capital in, the partnership for its 3 most recent taxation years;

(i) if the family member has an interest of 1% or more in a privately held corporation,

(i) the financial statements of the corporation and any subsidiaries of it for its 3 most recent taxation years,

(ii) a statement showing a breakdown of all salaries, wages, management fees and other payments or benefits paid to the family member, or to individuals or corporations with whom the corporation, and every related corporation, does not deal at arm’s length for the 3 most recent taxation years, and

(iii) a record showing the family member’s shareholder’s loan transactions for the past 12 months;

(j) if the family member is a beneficiary under a trust, a copy of the trust settlement agreement and copies of the trust’s 3 most recent financial statements;

(k) copies of all bank account statements solely or jointly in the family member’s name for the past 6 months;

(l) copies of credit card statements for all credit cards solely or jointly in the family member’s name for the past 3 months;


37 May, 2020

(m) copies of the most recent statements for all RRSPs, TFSAs, RRIFs, insurance policies, pensions, term deposit certificates, guaranteed investment certificates, stock accounts, stock options, including deferred compensation units, and other investments or holdings in the family member’s name or in which the family member has an interest;

(n) copies of any family property agreement, minutes of settlement, judgments or orders the family member had with the deceased relating to the division of property, spousal support or child support obligations;

(o) the family member’s monthly budget of expenses.

(2) Subject to subrule (3), a personal representative of a deceased’s estate who receives a request under section 95(2)(b) of the Wills and Succession Act must provide the family member or other person making the request with the following financial information if it is or may reasonably be expected to be in the possession of the personal representative:

(a) an inventory of property and debts in Form NC 7; (b) a description and appraisal or valuation of any property owned by the

deceased or in which the deceased had an interest at the time of death; (c) a list of all bank accounts or other property held jointly by the deceased

at the time of death; (d) a list, including a statement of value, of all RRSPs, TFSAs, RRIFs,

insurance policies, pensions, term deposit certificates, guaranteed investment certificates, stock accounts, stock options, including deferred compensation units, and other investments or holdings in the deceased’s name at the time of death, and the names of any designated beneficiaries in relation to them;

(e) if the deceased at the time of death was the beneficiary of a trust or held a power of appointment over property, a description of the property, its value and the disposition of the property;

(f) copies of any family property agreement and any minutes of settlement, judgments or orders the deceased had relating to the division of property or spousal support or child support obligations;

(g) a copy of all terminal tax returns for the deceased’s estate; (h) a description of any other property in which the deceased had an

interest at the time of death.

(3) No document is required to be disclosed under subrule (1) or (2) unless the document is relevant and material to the determination of maintenance and support in the application.

(4) A person who has been requested to provide financial information under section 95 of the Wills and Succession Act must do so within

(a) one month if the person resides in Canada, or


38 May, 2020

(b) 2 months if the person resides in a country other than Canada.

(5) An application under section 95(4) or (5) of the Wills and Succession Act may be made by filing and serving Forms C 1 and C 2 in accordance with rules 60 and 61 on the person who was requested to provide the financial information.

AR 10/2012 s17;156/2019;37/2020

Division 2 Proceedings on Caveats

Caveat against issue of grant

71(1) A person may file a caveat under section 46 of the Estate Administration Act in Form C3 against the issue or resealing of a grant.

(2) The clerk must send a copy of any caveat filed with respect to an estate to the applicant for a grant in respect of that estate.

(3) If a caveat expires or is withdrawn or discharged, an application for a grant becomes a non-contentious matter and must be continued under Part 1.

AR 130/95 s71;44/2015

Warning to caveator

72 An applicant for a grant may file and serve on a caveator a warning in Form C4.

Objection to grant

73(1) A caveator may file a notice of objection in Form C9 to a grant being issued under Part 1 and serve it on the applicant within 10 days after the caveator is served with the warning.

(2) Despite subsection (1), a caveator may apply to the court for an order extending the time within which the caveator must file and serve a notice of objection.

(3) If a caveator files and serves a notice of objection within the time allowed, the application must be continued under Division 3.

(4) If a caveator does not file and serve a notice of objection within the time allowed, the clerk must discharge the caveat and the application for a grant must be continued under Part 1.

AR 130/95 s73;165/2010;44/2015


39 May, 2020

Frivolous or vexatious caveat

74(1) Despite rule 73, if a caveator files and serves a notice of objection to an informal grant, the applicant may apply for an order that the caveat is frivolous or vexatious and that the caveat be discharged.

(2) If the court determines that a caveat is frivolous or vexatious, the court may order that the caveat be discharged and award costs against the caveator.

(3) If the court determines that a caveat is not frivolous or vexatious, the application for a grant must be continued under Division 3.

(4) If the court determines that a caveat is not frivolous or vexatious but that it should be discharged in the circumstances of the estate, the court may order that the caveat be discharged.

AR 130/95 s74;44/2015

Division 3 Formal Proof of a Will

Applications

75(1) A personal representative or a person interested in the estate may apply to the court

(a) to obtain formal proof of a will, whether or not an application for a grant has been made under Part 1;

(b) to set aside a grant issued under Part 1 and require formal proof of the will;

(c) to prevent the issue of a grant under Part 1 and require formal proof of a will;

(d) to obtain an order that the deceased died intestate; (e) to request the appointment of a personal representative; (f) to request the appointment of a personal representative other than the

one appointed by a grant issued under Part 1; (g) to restrain a personal representative from exercising any powers during

an application under this subrule; (h) to appoint a special personal representative to conduct an application

under this subrule.

(2) The court may order a person to apply for an order under subrule (1).

(3) An application under subrule (1) operates to stay proceedings under an application under Part 1.

(4) If an application under subrule (1) is filed, a personal representative appointed by a grant issued under Part 1 must not distribute any of the property of the estate unless


40 May, 2020

(a) the court approves the distribution, or

(b) all persons interested in the estate consent to the distribution.

(5) Subject to subrule (4), if an application is filed to appoint a personal representative under this Part and to restrain a personal representative appointed by a grant issued under Part 1 from acting, the personal representative appointed by the grant issued under Part 1 must not exercise any of the powers of a personal representative during the application for formal proof of the will without the consent of the court.

Original will lost or destroyed

76 If an original will is lost or destroyed, a person interested in the estate must apply for an order under rule 75 unless

(a) the applicant shows to the satisfaction of the court that section 40 of the Alberta Evidence Act applies, or

(b) the court orders otherwise. AR 251/2001

Required documents

77(1) A person may commence an application under this Division by filing the following and serving them on the persons interested in the estate:

(a) if the application is made by a personal representative,

(i) Form C5;

(ii) Form C6;

(iii) Form C8;

(b) if the application is made by a person interested in the estate, a notice of objection in Form C9;

(c) if the application is ordered by the court, direction by the court that the will be formally proved.

(2) If a court file has already been opened for the estate, the clerk must record all of the documents under subrule (1) in the existing file.

(3) If there is no court file, the documents under subrule (1)(a) and (b) are commencement documents and the clerk must open a court file.

(4) If an application under this Division is not contested or opposed, the court may make an order under this Division based on the documents filed without requiring more.

AR 130/95 s77;165/2010


41 May, 2020

Persons interested in the estate

78 Despite rule 57, the classes of persons interested in an estate who may apply for an order under rule 75 are the following:

(a) surviving spouse or surviving adult interdependent partner; (b) adult children; (c) Public Trustee or any other person representing minors; (d) trustees of represented adults under the Adult Guardianship and

Trusteeship Act; (e) attorneys appointed under the Powers of Attorney Act; (f) Public Trustee when representing missing persons; (g) heirs on intestacy; (h) personal representatives and beneficiaries in any will in respect of

which an application is made under these Rules; (i) personal representatives appointed under a prior grant issued in respect

of the will; (j) the alleged deceased if the fact of death is an issue.

AR 130/95 s78;110/2001;201/2003;10/2010

Action commenced by a person interested in the estate

79(1) If a person interested in an estate files an application under this Division, a personal representative named in the will may

(a) file the documents referred to in rule 77(1)(a); (b) renounce all right to be the personal representative of the estate if the

personal representative has not intermeddled in the estate; (c) apply to be discharged; (d) apply for an order that the application is frivolous or vexatious.

(2) An application under this Division or under Part 1 is not by itself intermeddling in the estate.

Special applications

80(1) If a personal representative renounces all rights or does not respond to a notice of objection in Form C9, a person interested in the estate may apply to the court for directions on how to proceed.

(2) The court may appoint a personal representative to administer the estate and conduct proceedings under this Division until a grant is issued.


42 May, 2020

Order requiring formal probate

81(1) The court may require formal proof of a will with respect to which an application is made under Part 1 whether before or after a grant is issued.

(2) An order referred to in subrule (1) must give the reasons for requiring formal proof of the will.

(3) If an order is made under subrule (1), the personal representative or applicant, as the case may be, must file the documents required under rule 77(1)(a).

Parties

82 If a personal representative renounces or fails to respond to a notice of objection in Form C9, the person filing the notice of objection is the applicant in any application to the court for further directions.

Trial

83(1) The hearing in an application for formal proof of a will under this Division must be in the form of a trial before the court and must not be held in chambers,

(a) if several witnesses are necessary in the opinion of the court, or (b) if the court orders a trial.

(2) If the hearing is a trial, the applicant must apply to the court in chambers for directions on the procedure to be followed at the trial.

(3) The court on application under subrule (2) may (a) set the procedure to be followed at the trial, including (i) giving directions on pre-trial disclosure of documents and

questioning, (ii) ordering the production of documents, (iii) stating the parties and their roles, (iv) ordering the representation of parties, or (v) dispensing with pre-trial procedures and sending the matter

straight to trial, or (b) despite subrule (1), order a hearing in chambers on affidavit or oral

evidence or both respecting certain issues. AR 130/95 s85;107/2004;165/2010


43 May, 2020

Hearing in chambers

84(1) Despite rule 83, the hearing of an application for formal proof of a will under this Division must be in chambers if the only issue is proof of the death of the testator or proving the signing of the will or both.

(2) In subrule (1), “proving the signing of the will” means (a) proving the fact of the testator’s signature and handwriting, (b) proving the fact of the witnesses’ signatures, presence and

qualifications, or (c) proving that the signing of the will complied with the Wills and

Succession Act. AR 130/95 s83;107/2004;10/2012

Evidence

85(1) Evidence at a hearing in chambers referred to in rule 84 may be given by affidavit or orally or both.

(2) Any person who took instructions for the preparation of the will is compellable as a witness and subject to pre-trial disclosure and production of documents and oral questioning respecting

(a) the circumstances of that person’s involvement in the preparation of the will and of any lawyer’s retainer,

(b) the instructions given by the testator, (c) the preparation of the will or the circumstances of its signing, or (d) any steps taken to ascertain or record by any means the testator’s

capacity or the witness’s or lawyer’s opinion concerning that capacity. AR 130/95 s84;132/2000;107/2004;165/2010

Order of decisions

86 The court must do the following on an application for formal proof of a will: (a) if several wills of the deceased are in issue, consider each will in turn

in the order in which they were made, beginning with the most recent; (b) as soon as the court admits to probate one or more wills that dispose of

all of the property of the deceased, consider no further wills; (c) if the wills admitted to probate do not dispose of all of the property of

the deceased, consider whether an intestacy exists; (d) if a will is opposed and an application for a declaration of intestacy is

made, decide whether the will should be admitted to probate.


44 May, 2020

Order of proceedings

87 In an application for formal proof of a will under this Division, (a) the proponent of the will must be heard first and must present evidence

concerning the proof of death, proof of the signing of the will and the capacity of the deceased, and

(b) the contestant must be heard next.

Other proceedings

88 An application for formal proof of a will may be combined with another application to the court concerning the same estate.

Witness fees

89 Any person who appears as a witness at a hearing under this Division (a) is entitled to an allowance in accordance with Schedule B, Division 3

of the Alberta Rules of Court (AR 124/2010), and (b) may be given a preparation allowance and any additional allowances in

amounts specified by the court. AR 130/95 s89;165/2010

Powers of the court

90 On an application under this Division the court may (a) determine the fact of death; (b) determine whether the deceased died testate or intestate; (c) determine which will of the deceased, if any, to admit to probate; (d) determine the heirs of a deceased on intestacy; (e) terminate any grant issued under Part 1 appointing a personal

representative; (f) terminate the appointment of a personal representative who was

appointed to make an application for formal proof of a will; (g) issue any grant referred to in rule 10; (h) direct the payment of costs, including penalizing any person who

required formal proof of the will if it became clear during the proceedings that

(i) the application was frivolous or vexatious, (ii) the person caused undue delay, or (iii) the person had no substantial basis for requiring the scrutiny of the

court;


45 May, 2020

(i) determine any other matter that the court considers relevant or that is incidental to the application.

Order final

91(1) Subject to subrule (2), in the absence of fraud and even if a will is discovered after the court makes a decision under rule 86, a grant issued under rule 90 based on that decision is binding on all persons.

(2) A person referred to in rule 78 who was not served with notice of proceedings under this Division may apply for an order under this Division in respect of a testamentary instrument that has not been considered by the court in a prior application under this Division.

Appeal

92 Despite rule 91, an appeal lies to the Court of Appeal from the whole or any part of an order under this Division.

Return and revocation of informal grant

93(1) If an application is made under rule 75 for formal proof of a will, a personal representative who has been appointed by a grant issued under Part 1 must return the grant to the court unless the court orders otherwise.

(2) If a personal representative does not return a grant, the court may issue an order requiring delivery of the grant to the clerk.

(3) If the court revokes a grant after proceedings for formal proof of a will are concluded, the clerk must endorse the following on the grant:

Revoked by Order of M__ Justice ___________________ on ____________________________________________ _______________________________________________ (Clerk of the Court) (seal)

AR 130/95 s93;53/2001

Division 4 Proof of Death

Proof of death

94(1) The court may permit a person to swear to the death of another person if there is no direct evidence of the death but there is evidence from which the death can be presumed.

(2) An application for permission to swear to the death of a person may be made (a) in Forms C1 and C2, and


46 May, 2020

(b) without notice or on the notice the court orders.

(3) The court may declare that the death of a person is proven or presumed if the court is satisfied with the evidence and the form of the evidence presented to the court.

(4) A declaration of presumption of death made by the court must contain particulars of the following information to the extent that those particulars have been established to the satisfaction of the court:

(a) the full name of the person presumed dead, including the person’s maiden or married name, where applicable;

(b) the sex of the person presumed dead; (c) the place where the death is presumed to have occurred; (d) the date on which the death is presumed to have occurred.

AR 209/2007

Division 5 Claims on an Estate

Contested claim

95 If a personal representative does not agree with all or part of the claim of a claimant against the estate, the personal representative must serve the claimant with a notice of contestation in Form C11.

Application to court

96(1) A claimant whose claim is contested may apply to the court for an order allowing the claim and setting the amount by filing a notice of claim with affidavit in Form C12 and serving it on the personal representative.

(2) A claimant must make an application under subrule (1) within 2 months of receiving the notice of contestation under rule 95.

(3) The court may waive the time limit in subrule (2) if (a) the claimant applies to the court for an extension of time within the 2

months, and (b) the application is heard within 5 months after receiving the notice of

contestation under rule 95. AR 130/95 s96;165/2010


47 May, 2020

Part 3 Accounting

Division 1 General

Requirement for an accounting

97(1) A personal representative must give an accounting of the administration of the estate at regular intervals

(a) by preparing financial statements showing the property and money received and the property distributed and the money paid out respecting the administration of the estate, and

(b) by giving the financial statements to the beneficiaries.

(2) Unless the court orders a longer or shorter period, a personal representative must give an accounting of the administration of the estate every 2 years after the date of death or the date of the end of the latest period for which an accounting is given.

(3) The court may require, or a person interested in the estate may apply to the court for an order requiring, the personal representative to give an accounting of the administration of the estate at any time.

(4) A beneficiary of only a specific gift under a will (a) is entitled to an accounting that is in respect of only that gift, and (b) who has received that gift may not apply for an order under subrule (3).

Contents of financial statements

98(1) The financial statements respecting an estate must include the following: (a) an inventory of property and debts at the beginning and end of the

accounting period; (b) a statement of all property and money received during the accounting

period showing whether it is capital or income; (c) a statement of all property distributed and money paid out during the

accounting period showing whether it is capital or income; (d) a statement of all changes to property made and all debts of the estate

paid or incurred by the personal representative during the accounting period;

(e) a statement of all expenses incurred or paid during the accounting period;

(f) in the case of a final passing of accounts, a statement of anticipated receipts and disbursements;


48 May, 2020

(g) a reconciliation, where necessary, showing the items required to balance the opening net value of the estate with the closing net value of the estate;

(h) a distribution schedule, including interim distributions and the proposed final distribution, if appropriate;

(i) a proposed compensation schedule for the personal representative showing the basis on which it is calculated and its allocation to income or capital.

(2) The financial statements may be separate or combined as long as they can be followed clearly.

(3) The financial statements may be in any format, and each entry may be numbered consecutively.

(4) If the will or other trust instrument specifies separate capital and income interests, the financial statements must distinguish entries respecting capital from entries respecting income.

(5) The court, at any time, may require further financial statements or more particulars with respect to the financial statements presented.

AR 130/95 s98;132/2000

Acceptable documentation

99 The following documentation is sufficient to confirm ownership by the estate of the property referred to:

(a) in the case of publicly traded securities and commercial paper, (i) a certificate, or (ii) a letter from a dealer registered under the Securities Act, a bank or

a trust corporation, whether registered under the Loan and Trust Corporations Act or not, carrying on business in any jurisdiction in Canada stating that the dealer, bank or trust corporation is holding securities for the estate, either by having them in its possession, through a securities depository or by some other means that is in accordance with current practice in the industry;

(b) in the case of private company shares, (i) a certificate, or (ii) a letter from a duly authorized officer of the company or from the

company’s lawyer confirming the holding; (c) in the case of bank balances, cash, term deposits, treasury bills,

annuities, pensions, retirement plans, royalty trusts, and similar property,

(i) a certificate or statement of account, or


49 May, 2020

(ii) a letter from a financial institution stating that the financial institution is holding property for the estate, either by having it in its possession, through a securities depository, or by some other means that is in accordance with current practice in the industry;

(d) in the case of household goods and personal effects, (i) a letter or bill of lading from any depository where the goods or

effects are stored, or (ii) an inventory, the accuracy of which is attested to by the personal

representative, indicating possession of the goods or effects on behalf of the estate;

(e) in the case of real property, a current certified copy of the certificate of title.

Division 2 Releases

Releases

100(1) A personal representative may, on the presentation of accounts to the residuary beneficiaries, obtain releases in Form ACC 12 from the residuary beneficiaries.

(2) The releases obtained under subrule (1) need not be filed.

Effect of release

101 A personal representative may rely on a release for confirmation that, in the opinion of the residuary beneficiary giving the release,

(a) the accounting in respect of the estate presented to the beneficiary is satisfactory;

(b) the personal representative may be compensated as set out in the statement of compensation included in the financial statements;

(c) the personal representative may distribute the estate in accordance with the statement of distribution included in the financial statements.

Bond 102 Releases obtained under rule 100 do not constitute the cancellation of a bond.


50 May, 2020

Division 3 Dispensing with Formal Passing of Accounts

Dispensing with passing accounts

103(1) A personal representative may apply for an order dispensing with the formal passing of the accounts and passing the accounts informally by filing the following and serving copies on the persons interested in the estate who have not given releases:

(a) Form ACC 10; (b) Form ACC 11; (c) the financial statements; (d) repealed AR 306/2009 s4.

(2) A personal representative need not serve a beneficiary from whom the personal representative has received a signed release under rule 100.

AR 130/95 s103;306/2009

Proceeding without notice

104 If no notice of objection is filed by a person interested in the estate or if all residuary beneficiaries have signed releases, an application under rule 103 may proceed without notice to any other person.

Court order

105 Even if all the residuary beneficiaries have signed releases, the court (a) must be satisfied with all the required documentation respecting the

estate whether or not all the residuary beneficiaries have signed releases;

(b) may make the order applied for; (c) may do anything it may do under rule 113.

Objection

106(1) If any person interested in the estate objects to an application under this Division, that person must file and serve a notice of objection in Form ACC 3 in accordance with rule 114.

(2) If a notice of objection is filed, the court must hold a hearing under Division 4 on the matter.


51 May, 2020

Division 4 Passing Accounts

Required forms

107(1) A personal representative may apply for an order formally passing accounts by filing the following and serving copies on the persons interested in the estate who have not given releases

(a) Form ACC 1; (b) Form ACC 2; (c) the financial statements; (d) repealed AR 306/2009 s5, (e) any notice of objection in Form ACC 3.

(2) The personal representative must serve the notice of hearing attached to Form ACC 1 one month or more before the hearing.

AR 130/95 s107;306/2009;165/2010

Application by person interested in estate

108(1) A person interested in an estate may apply for an order requiring the formal passing of accounts by filing the following and serving copies on the personal representative:

(a) Form ACC 6; (b) Form ACC 7.

(2) An applicant must serve the notice of hearing attached to Form ACC 6 one month or more before the hearing.

(3) In an application by a person interested in an estate that accounts be formally passed, the person interested in the estate is the applicant and the personal representative is one class of respondent.

AR 130/95 s108;165/2010

Reply

109(1) A personal representative who is served with notice under rule 108 must file and serve a reply in Form ACC 8 10 days or more before any scheduled hearing on the applicant and all persons interested in the estate who have not given releases.

(2) In a reply, the personal representative may (a) give an accounting to the applicant and other parties if one has not been

given before that time, (b) object to the application that accounts be formally passed, or


52 May, 2020

(c) consent to the application that accounts be formally passed. AR 130/95 s109;165/2010

Withdrawal

110 If a personal representative gives an accounting pursuant to rule 109(2)(a) that satisfies the applicant, the applicant must withdraw the application by giving a letter to that effect to the clerk and serving a copy of the letter on any of those who were served with notice of the application.

Objection

111 If the personal representative objects pursuant to rule 109(2)(b) to an application for an order requiring the formal passing of accounts, the personal representative must file an affidavit in Form ACC 9 and serve it 10 days or more before the scheduled hearing on the applicant and the persons interested in the estate who have not given releases.

AR 130/95 s111;165/2010

Consent to an accounting

112(1) If a personal representative consents under rule 109(2)(c) to an application, the personal representative

(a) must adjourn any scheduled hearing and set a new date for a hearing in accordance with subrule (2), and

(b) must serve the documents in rule 107(1) and the notice of hearing within 2 months after serving a reply under rule 109 on the persons interested in the estate who have not given releases.

(2) The new date set under subrule (1) must occur on the earlier of (a) a day that is within one month after the day on which the documents

are served under subrule (1), and (b) a day that is within 4 months after the personal representative is served

under rule 108(1). AR 130/95 s112;165/2010

Powers of court

113(1) The court may (a) set a date for a hearing and direct that notice of the hearing be served

on the persons specified by the court within the periods specified despite the time limits for service in rules 107, 108 and 112;

(b) direct a formal passing of one or more or all entries; (c) reject the application;


53 May, 2020

(d) dispense with a formal passing and pass the accounts on an informal basis;

(e) make any other determination that the court considers appropriate.

(2) At a hearing to pass interim or final accounts, the court may (a) pass the accounts; (b) vary or amend the financial statements; (c) set the compensation for the personal representative and give any

directions in that respect; (d) decide any matters in dispute summarily; (e) order the trial of any matter in dispute, set the procedure the parties

must follow and set time limits if it is appropriate; (f) appoint a person to assist the court in determining any matters on

which the court requires further clarification or explanation; (g) direct the payment of debts or charges; (h) confirm the beneficiaries and their several interests and direct

distribution of the estate to them; (i) direct the substitution for or the reduction or cancellation of any bond; (j) direct payment to the Public Trustee or any other trustee of any money

to which a minor or missing person is entitled; (k) allow and direct payment of costs; (l) generally dispose of all matters incidental to the administration of the

estate to a date to be stated in the order.

(3) If the court makes an order referred to in subrule (2)(f), the order must not include an examination of maintenance payments ordered by the Provincial Court or the Court of Queen’s Bench other than to determine whether or not the payments have been made.

(4) On a final passing of accounts, the court, in addition to the powers referred to in subrule (2), may

(a) discharge a personal representative who is an administrator; (b) determine whether a personal representative who is an executor has

fully and satisfactorily accounted to a date to be stated in the order; (c) make any other order that the court considers appropriate.

AR 130/95 s113;110/2001


54 May, 2020

Notice of objection

114(1) In any proceedings under Division 3 or this Division, if a person interested in the estate objects to financial statements or part of them, the person must file a notice of objection in Form ACC 3 with the court and serve a copy of it on the personal representative and all persons interested in the estate 10 days or more before the scheduled hearing.

(2) In a notice of objection, the objecting person (a) must give particulars of the objection in Form ACC 3, (b) if there is an objection to an entry in the financial statements, must

indicate the entry objected to by its number, and (c) if there is an objection to the manner in which the personal

representative has administered the estate, must state the objection.

(3) A person who does not file and serve a notice of objection may only make representations at the scheduled hearing with the permission of the court.

(4) If a person does not appear at the scheduled hearing and has not filed and served a notice of objection as required, that person is deemed to have consented to the administration of the estate as recorded in the financial statements.

AR 130/95 s114;165/2010;37/2020

Examination of accounts by professional accounting firm

115(1) The court, at any time and whether at a hearing or not, may order one or more entries in the financial statements of a personal representative to be examined by a professional accounting firm as defined in the Chartered Professional Accountants Act.

(2) The court must determine the nature, scope and extent of the professional accounting firm’s examination.

(3) The terms of the professional accounting firm’s engagement may be in Form ACC 4.

(4) The professional accounting firm’s fees, disbursements and other charges are payable out of the residue of the estate unless otherwise ordered by the court.

AR 130/95 s115;37/2020

Access to records

116 A personal representative and any other person having knowledge or possession of documents relating to the administration of an estate must make all records and other pertinent documents available to a professional accounting firm engaged under rule 115 and must co operate fully with the professional accounting firm.

AR 130/95 s116;37/2020


55 May, 2020

Report

117(1) At the end of the examination, a professional accounting firm engaged under rule 115 must file a report in Form ACC 5.1 or Form ACC 5.2 and serve a copy of the report by ordinary mail on the personal representative and on the persons interested in the estate.

(2) The court may require the professional accounting firm to appear at any hearing and give any further explanations the court needs in order to pass the accounts.

AR 130/95 s117;44/2015;37/2020

Part 4 Dependent Adults

Part 4 Repealed AR 10/2010 s4.

Part 5 Transitional, Repeal and Commencement

137 to 140 Repealed AR 132/2000 s10.

Schedule 1 Legal and Personal

Representative Compensation

Definition

1 For the purpose of this Schedule, (a) “core legal services” are the legal services listed in Table 1 of Part 2

normally rendered by a lawyer for the personal representatives in connection with the administration of an estate;

(b) “non-core legal services” are legal services listed in Part 2 Table 2 rendered by a lawyer for the personal representatives that are in addition to the core legal services required in the administration of an estate;

(c) “personal representatives’ duties” are the tasks listed in the Table in Part 1 normally required to be performed by a personal representative in the administration of an estate;

(d) “time of distribution” means

Alberta Rules of Court Surrogate Rules Volume 2 Schedule 1, Part 1

56 May, 2020

(i) when the estate property is distributable to the beneficiaries immediately on the death of the deceased, the time when distribution to the beneficiaries is complete,

(ii) the time when the transfer of a minor’s property to the minor’s trustees is complete, or

(iii) when the estate property is not all distributable to the beneficiaries immediately on the death of the deceased because trusts delay the final distribution, the time when distribution of immediately distributable property to the beneficiaries is complete, and transfer of the trust property to the trustees is complete.

Part 1 Personal Representatives’ Compensation

Determination

1(1) Personal representatives may receive fair and reasonable compensation for their responsibility in administering an estate by performing the personal representatives’ duties.

(2) Compensation paid to a personal representative is for all the services performed by the personal representative to complete the administration of the estate including distribution of the estate and the conclusion of any trusts. (3) A personal representative may receive compensation for the care and management of property in an estate only if

(a) there is no outright distribution of that estate property at the date of death, and

(b) the trust is not varied by agreement among the affected beneficiaries or by the court.

Factors to be considered

2 The following factors are relevant when determining the compensation charged by or allowed to personal representatives:

(a) the gross value of the estate; (b) the amount of revenue receipts and disbursements; (c) the complexity of the work involved and whether any difficult or

unusual questions were raised; (d) the amount of skill, labour, responsibility, technological support and

specialized knowledge required; (e) the time expended; (f) the number and complexity of tasks delegated to others; (g) the number of personal representatives appointed in the will, if any.


57 May, 2020

Additional compensation

3 Additional compensation may be allowed when personal representatives (a) are called upon to perform additional roles in order to administer the

estate, such as exercising the powers of a manager or director of a company or business,

(b) encounter unusual difficulties or situations, or (c) must instruct on litigation.

Compensation fixed in will

4 If the compensation payable to the personal representative is fixed in a will, no greater amount can be charged or allowed unless the fixed amount is varied by agreement among the affected beneficiaries or by order of the court.

Compensation to be shared

5 The compensation once determined must be shared among the personal representatives in proportions agreed to among the personal representatives or as ordered by the court.

Pre-taking compensation

6(1) Personal representatives may be paid compensation before completing the administration of the estate if

(a) the will provides for it, (b) all the affected beneficiaries agree to it, or (c) the court orders it.

(2) If all or any part of the amount of compensation paid to a personal representative under subrule (1) is later reduced by the court, the personal representative must repay the disallowed amount immediately to the estate with interest at a rate and for a period set by the court.

Lawyer performs personal representatives’ work

7 If a lawyer or other agent performs some or all of the duties of the personal representative, the amount payable to the personal representative must be reduced commensurately.

Schedule on accounting

8 If a personal representative is required to give the beneficiary of an estate an accounting in which compensation to the personal representative is shown, the personal representative must give the beneficiary a copy of this Part.


58 May, 2020

Expenses

9 Personal representatives are entitled to reimbursement for expenses properly incurred by them in the administration of the estate, including the following:

(a) expenses reasonably incurred by the personal representatives in carrying out their duties;

(b) fees or commissions to agents, including lawyers, accountants, real estate agents, securities brokers, investment advisors, appraisers, auctioneers and other professionals, engaged to perform estate administration services or to buy or sell estate property.

Table Personal Representatives’ Duties

1 Making arrangements for the disposition of the body and for funeral, memorial or other similar services.

2 Determining the names and addresses of those beneficially entitled to the estate property and notifying them of their interests.

3 Arranging with a bank, trust company or other financial institution for a list of the contents of a safety deposit box.

4 Determining the full nature and value of property and debts of the deceased as at the date of death and compiling a list, including the value of all land and buildings and a summary of outstanding mortgages, leases and other encumbrances.

5 Examining existing insurance policies, advising insurance companies of the death and placing additional insurance, if necessary.

6 Protecting or securing the safety of any estate property.

7 Providing for the protection and supervision of vacant land and buildings.

8 Arranging for the proper management of the estate property, including continuing business operations, taking control of property and selling property.

9 Retaining a lawyer to advise on the administration of the estate, to apply for a grant from the court or to bring any matter before the court.

10 Applying for any pensions, annuities, death benefits, life insurance or other benefits payable to the estate.

11 Advising any joint tenancy beneficiaries of the death of the deceased.

12 Advising any designated beneficiaries of their interests under life insurance or other property passing outside the will.


59 May, 2020

13 Arranging for the payment of debts and expenses owed by the deceased and the estate.

14 Determining whether to advertise for claimants, checking all claims and making payments as funds become available.

15 Taking the steps necessary to finalize the amount payable if the legitimacy or amount of a debt is in issue.

16 Determining the income tax or other tax liability of the deceased and of the estate, filing the necessary returns, paying any tax owing and obtaining income tax or other tax clearance certificates before distributing the estate property.

17 Instructing a lawyer in any litigation.

18 Complying with the requirement for filing an acknowledgment of trustee(s) before distributing any property to a trustee.

19 Preparing the personal representative’s financial statements, a proposed compensation schedule and a proposed final distribution schedule.

20 Distributing the estate property in accordance with the will or intestate succession provisions.

Part 2 Lawyers’ Compensation

Categories of service

1 A lawyer may charge fees for the following categories of legal services in the administration of estates:

(a) core legal services; (b) non-core legal services.

Personal representatives’ duties

2 A lawyer may charge fees for legal services that involve carrying out personal representatives’ duties.

Agreement

3(1) The lawyer and the personal representatives must agree to the categories of service that the lawyer will perform and to an arrangement or amount for each category of fees, disbursements and other charges.

(2) The fees agreed to must cover, up to the time of distribution of the estate, (a) all the core legal services or non-core legal services, (b) any personal representatives’ duties required to be performed by the

lawyer, and


60 May, 2020

(c) any other services required to be performed by the lawyer.

Lawyer as personal representative

4 When a lawyer is also appointed as the personal representative under a grant, the lawyer may charge additional fees for any core and non-core legal services performed by the lawyer as a lawyer.

Factors to be considered

5 The following factors are relevant when determining the fees charged by or allowed to a lawyer:

(a) the complexity of the work involved and whether any difficult or novel questions were raised;

(b) the amount of skill, labour, responsibility and specialized knowledge required;

(c) the lawyer’s experience in estate administration; (d) the number and importance of documents prepared or perused; (e) whether the lawyer performed services away from the lawyer’s usual

place of business or in unusual circumstances; (f) the value of the estate; (g) the amount of work performed in connection with jointly held or

designated assets; (h) the results obtained; (i) the time expended; (j) whether or not the lawyer and the personal representative concluded an

agreement and whether the agreement is reasonable in all the circumstances.

Disbursements

6 Reasonable costs incurred by a lawyer as disbursements and other charges in performing services in any category are allowed in addition to any fees charged.

Statement of fees and disbursements to be in writing

7(1) A lawyer must present a written statement of fees, disbursements and other charges to the personal representative, showing the details of the services performed, together with a copy of this Part.

(2) If the personal representative is required to give the beneficiaries of an estate an accounting in which legal fees are shown, the personal representative must give them a copy of this Part.


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Taxing accounts

8(1) The lawyer or the personal representative may have the lawyer’s account reviewed by the review officer under the Alberta Rules of Court (AR 124/2010).

(2) The review officer or the court may review fees, disbursements and other charges and may increase or decrease any of them.

Table 1 Core Legal Services

1 Receiving instructions from the personal representatives.

2 Giving the personal representatives information and advice on all matters in connection with the administration of the estate, including the following:

(a) the basis for the lawyer’s fees for the different categories of legal services;

(b) the basis for the personal representatives’ compensation and preparation of the proposed compensation schedule;

(c) providing a copy of this Schedule to the personal representatives.

3 Reviewing the will or the provisions of Part 3 of the Wills and Succession Act with the personal representative.

4 Receiving information from personal representatives about the following: (a) the deceased; (b) the beneficiaries; (c) the estate property; (d) the deceased’s debts; (e) minors.

5 Obtaining details of all the property and debts of the deceased for the purposes of an application to the court, including the following:

(a) the full nature and value of the property of the deceased as at the date of death including the value of all land and buildings and a summary of outstanding mortgages, leases and any other encumbrances;

(b) any pensions, annuities, death benefits and any other benefits; (c) any debts owed by the deceased as at the date of death; (d) preparing all required documents for grant applications; (e) preparing notices to all beneficiaries; (f) arranging for surviving spouse or surviving adult interdependent

partner to receive notices under Part 5, Division 2 of the Wills and Succession Act and under the Family Property Act, if necessary;


62 May, 2020

(g) arranging for family members to receive notices under Part 5, Division 2 of the Wills and Succession Act, if necessary;

(h) attending on signing of application for grant, filing with the court, payment of fees and dealing with the clerk;

(i) advising the Public Trustee, if necessary; (j) receiving the grant.

6 Preparing documents to advertise for claimants, arranging for advertising and obtaining affidavit of publication.

7 Preparing declarations of transmission and powers of attorney for stocks and bonds transferrable under the Alberta grant.

8 Preparing transmission and transfer documents for land transferrable under the Alberta grant.

9 Preparing all other documents required to transmit and transfer property transferrable under the Alberta grant.

10 Advising the personal representatives on any trusts required by the will.

11 Advising the personal representatives to prepare and file tax returns.

12 Confirming receipt of clearance certificates from Revenue Canada.

13 Submitting personal representatives’ financial statements for approval to the beneficiaries on an informal basis.

14 Preparing releases and acknowledgments of trustee(s) and obtaining and filing them if so instructed by the personal representatives.

15 Generally advising the personal representatives on all matters referred to in this Table.

Table 2 Non-Core Legal Services

1 Acting as conveyancing lawyer on any sale of land.

2 Acting as lawyer on the sale of other property or businesses.

3 Preparing personal representatives’ financial statements for submission to residuary beneficiaries.

4 Preparing all documents and acting for the personal representatives in any court proceedings involving the estate, including but not limited to the following:

(a) formal proof of a will; (b) formal passing of accounts;


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(c) all other contentious matters.

5 Negotiating with any taxing authorities in Alberta or elsewhere with respect to the assessment and payment of any taxes or duties levied against the deceased, the estate or the beneficiaries and preparing all documents in connection with the negotiations.

6 Arranging to obtain a resealed or ancillary grant in another jurisdiction.

7 Preparing all documents and obtaining a resealed or ancillary grant in Alberta.

8 Preparing all documents and obtaining a grant of double probate.

9 Preparing all documents and obtaining a grant of trusteeship of minors’ estates.

10 Dealing with any claims by claimants.

11 Setting up any trusts required by the will and arranging for the reimbursement of the trustees for services rendered to the trusts.

12 Identifying property not forming part of the estate but passing by survivorship or passing directly to a named beneficiary outside the will, including

(a) preparing documentation to transfer land and other property held in joint tenancy to the surviving tenants;

(b) preparing documentation to pass property to designated beneficiaries outside the will.

13 Arranging for any other legal services not included in Table 1.

14 Generally advising the personal representative on all matters referred to in this Table.

AR 130/95 Sched.1;201/2003;101/2010;165/2010;10/2012;156/2019

Schedule 2 Court Fees

1(1) For issuing grants of probate or letters of administration or resealing grants, excluding trusteeship but including one certified copy of the document, where the net value of property in Alberta is

(a) $10 000 or under $ 35

(b) over $10 000 but not more than $25 000 135

(c) over $25 000 but not more than $125 000 275

(d) over $125 000 but not more than $250 000 400

Alberta Rules of Court Surrogate Rules Volume 2 Schedule 3

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(e) over $250 000 525

(2), (3) Repealed AR 71/2015 s2.

2 Except items referred to in section 1, for documents that require the opening of a court file respecting an estate $ 250

3 For each application for trusteeship $ 250

4 For issuing each grant of double probate, supplemental grant or grant administration of unadministered property $ 250

5 For each caveat filed $ 250

5.1 For an application in the course of an action or proceeding respecting an estate or trusteeship $50

6 For each certified copy of a document other than the initial certified copy $ 10

7 For each search $ 10

8 For a photostatic copy or faxed copy, per page $ 1 AR 130/95 Sched.2;132/2000;71/2015

Schedule 3 NC 1

COURT FILE NUMBER

COURT Court of Queen’s Bench of Alberta (Surrogate Matter)

JUDICIAL CENTRE

ESTATE NAME

PROCEDURE Application by the personal representative(s) for a grant of

BOND

NOTICES REQUIRED

COPY OF THE APPLICATION FILED WITH THE PUBLIC TRUSTEE’S OFFICE


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PERSONAL REPRESENTATIVE(S)

NAME(S)

COMPLETE ADDRESS FOR SERVICE ON THE PERSONAL REPRESENTATIVE(S)

Personal Representative Date Name: Complete address:

Lawyers for Personal Representative(s) Responsible lawyer: Firm name: Complete address: Phone: Fax: File no.:

ORDER: ISSUE THE GRANT AS APPLIED FOR

JUSTICE OF THE COURT OF QUEEN’S DATE BENCH OF ALBERTA

NC 2

COURT FILE NUMBER


JUDICIAL CENTRE

ESTATE NAME

DOCUMENT Affidavit by the personal representative(s) on application for a grant of

DEPONENT(S) NAME(S)


66 May, 2020

THE DEPONENT(S) EACH SWEAR UNDER OATH OR AFFIRM THAT THE INFORMATION IN THIS AFFIDAVIT AND IN THE ATTACHED SCHEDULES IS WITHIN THE DEPONENTS’ KNOWLEDGE AND IS TRUE. WHERE THE INFORMATION IS BASED ON ADVICE OR INFORMATION AND BELIEF, THIS IS STATED.

Applicant(s)

1. The applicant(s) are entitled to apply for a grant because the applicant(s) are

Schedules Attached

2. The following schedules are part of this affidavit. They are correct to the deponents’ information and belief.

2.1 NC 3 Schedule 1 Deceased

2.2 NC 4 Schedule 2 Will

2.3 NC 5 Schedule 3 Personal representative(s)

2.4 NC 6 Schedule 4 Beneficiaries

2.5 NC 7 Schedule 5 Inventory

Documents Attached

3. The following documents are part of this affidavit.

3.1 Original will of the deceased

3.2 NC 8 Affidavit of witness to a will

I have personally prepared or carefully read the schedules and documents that are part of this affidavit and to the best of my knowledge the information in them is accurate and complete.

Notices

4. The applicant(s) will serve the following notices as required and in the manner prescribed by the Surrogate Rules.

4.1 NC 19 Notice(s) to beneficiaries (residuary)

4.2 NC 20 Notice(s) to beneficiaries (non residuary)

4.21 NC 20.1 Notice of void gift

4.3 NC 21 Notice(s) to beneficiaries (intestacy)

4.4 NC 22 Notice to spouse/adult interdependent partner of deceased Family Property Act

4.5 NC 23 Notice to spouse/adult interdependent partner of deceased Family Maintenance and Support


67 May, 2020

4.6 NC 24 Notice to a dependent child or minor grandchild or great-grandchild of the deceased Family Maintenance and Support

4.7 NC 24.1 Notice to Public Trustee

(Include the following if applicable. Delete if not applicable.)

5. The applicant(s) will not make a distribution to a trustee of any property that is subject to a trust under the will until after an acknowledgment of trustee(s) in Form NC 6.1 signed by the trustee(s) has been filed.

5.1. The applicant(s) has (have) shown some of the information in the application as “to be determined”. The applicant(s) undertake(s) to file a supplementary affidavit including an amended Form NC 7 (Schedule 5 Inventory of property and debts) when updated information is available.

6. The applicant(s) will faithfully administer the estate of the deceased according to law and will give a true accounting of their administration to the persons entitled to it when lawfully required.

7. The following special or unusual circumstances exist in relation to this estate: ________________________________________________________.

SWORN OR AFFIRMED BY EACH DEPONENT BEFORE A COMMISSIONER FOR OATHS AT ,

ALBERTA ON

Deponent Commissioner’s Name:

Appointment Expiry Date:

NC 3

ESTATE NAME DOCUMENT

Schedule 1: Deceased

Last name First name Middle name(s), if any And any other name(s) by which the deceased was known Last residence address in full Date of birth Place of birth


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Date of death Place of death Habitual province/state of residence The deceased died

Testate: Intestate: After a thorough search of all likely places, no testamentary paper of the deceased has been found.

IMMEDIATE FAMILY Indicate whether there are any persons in each of the following categories of relationship to the deceased, and provide the indicated details.

SPOUSE 1 Was the deceased ever married?

□ Yes □ No If yes, provide the following information about each spouse or former spouse:

□ 1.1 Surviving spouse Name: Complete address:

□ 1.2 Separated spouse (not divorced) Name: Complete address: Date of separation: Date of separated spouse’s death (if applicable)

□ 1.3 Former spouse(s) divorced within the 2-year period immediately preceding the deceased’s death (list all) Name: Complete address: Date of divorce: Date of former spouse’s death (if applicable)

□ 1.4 Deceased spouse(s) (list all) Name: Date of deceased spouse’s death:

ADULT INTERDEPENDENT PARTNER *Note: In this form, “adult interdependent partner” means a person who is an adult interdependent partner within the meaning of section 3 of the Adult Interdependent Relationships Act, which reads:


69 May, 2020

3(1) Subject to subsection (2), a person is the adult interdependent partner of another person if

(a) the person has lived with the other person in a relationship of interdependence

(i) for a continuous period of not less than 3 years, or (ii) of some permanence, if there is a child of the relationship by birth

or adoption, or (b) the person has entered into an adult interdependent partner agreement

with the other person under section 7. (2) Persons who are related to each other by blood or adoption may only become adult interdependent partners of each other by entering into an adult interdependent partner agreement under section 7.

2.1 Was the deceased survived by an adult interdependent partner?

□ Yes □ No If no, leave section 3 blank and proceed to section 4. If yes, complete section 3.

2.2 Was the deceased the adult interdependent partner of any other person’s at any time within the one-year period immediately preceding the deceased’s death?

□ Yes □ No If no, leave section 3 blank and proceed to section 4. If yes, complete section 3.

3 If the answer to question 2.1 or 2.2 is yes, provide the following information about each adult interdependent partner:

3.1 Name: Complete address:

3.2 The adult interdependent partner lived with the deceased

□ in a relationship of interdependence for a continuous period of not less than 3 years commencing and ending .

or

□ in a relationship of interdependence of some permanence and there is a child of the relationship who was

□ born on (date)

□ adopted on (date)

□ the adult interdependent partner entered into an adult interdependent partner agreement with the deceased which agreement is dated .


70 May, 2020

3.3 (complete if applicable) The adult interdependent partner and the deceased entered into an adult interdependent partner agreement dated .

□ A copy of the adult interdependent partner agreement is attached.

3.4 The adult interdependent partner

□ is

□ is not related to the deceased by blood or adoption.

CAPACITY OF SURVIVING SPOUSE OR ADULT INTERDEPENDENT PARTNER

4 Does any surviving spouse identified in section 1 or any surviving adult interdependent partner identified in section 3 lack mental capacity?

□ Yes □ No

If no, leave the remainder of this section blank and proceed to section 5.

If yes, tick all applicable boxes and provide the following information about the spouse or adult interdependent partner:

Name: Complete address:

□ the spouse or adult interdependent partner has the following attorney(s) under an enduring power of attorney: Name(s) of attorney(s): Complete address(es):

□ a copy of the enduring power of attorney is attached.

□ the spouse or adult interdependent partner has the following trustee(s):

Name(s) of trustee(s): Complete address(es):

□ a copy of the order or instrument appointing the trustee(s) is attached.

CHILDREN 5 Was the deceased survived by any children (whether adults or minors at the date of the deceased’s death)?

□ Yes □ No

If yes, provide the following information about each child of the deceased: Name: Complete address:


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At the time of the deceased’s death, this child was

□ 18 years of age or older

□ 18 years of age or older and unable to earn a livelihood by reason of mental or physical disability

□ between the ages of 18 and 22 and unable to withdraw from his or her parents’ charge because he or she is a full time student. (Complete only if deceased’s death occurred after February 1, 2012)

□ under 18 years of age, more specifically (state age in years and months at date of deceased’s death): ___________________

5.1 If there is a surviving spouse or adult interdependent partner, tick the applicable box:

□ All of the deceased’s children are also children of the deceased’s surviving spouse or adult interdependent partner.

OR

□ The following children of the deceased are not children of the deceased’s surviving spouse or adult interdependent partner:

Name: Complete address: Age (in years and months) at date of deceased’s death:

5.2 Did the deceased have any children who died before or at the same time as the deceased?

□ Yes □ No

If yes, provide the following information about each child: Name: Complete address: Age (in years and months) at date of deceased’s death:

GRANDCHILDREN OR GREAT-GRANDCHILDREN (Complete the following section relating to grandchildren or great-grandchildren only if the deceased’s death occurred after February 1, 2012.)

6 Was the deceased survived by any grandchild or great-grandchild (a) who was under 18 years of age at the time of the deceased’s death, (b) in respect of whom the deceased, during life, demonstrated a settled intention

to treat as his or her own child, (c) whose primary home, since birth or for at least 2 years immediately before the

grandparent’s death, was with the grandparent, and


72 May, 2020

(d) whose primary financial support, since birth or for at least 2 years immediately before the grandparent’s death, was provided by the grandparent.

□ Yes □ No

If yes, provide the following information about each such grandchild or great-grandchild: Name: Complete address: Age (in years and months) at date of deceased’s death:

NC 4

ESTATE NAME

DOCUMENT Schedule 2: Will

Date of will:

Deceased’s age at date of will:

Name of first witness:

Name of second witness:

(Complete this section if the will was made before February 1, 2012:)

The deceased married or entered into an adult interdependent partner agreement after the date the will was made and before February 1, 2012.

□ Yes

□ No

(Delete if resealing:) To the best of the personal representative’s(s) information and belief, this is the deceased’s original last will.

(Delete if resealing:) The personal representative(s) has (have) examined the will and observes that .

NC 5

ESTATE NAME

DOCUMENT Schedule 3: Personal representative(s)


73 May, 2020

(For each personal representative, provide the following information.)

Last name First name Middle name(s), if any And any other name(s) by which the will, if any, refers to the personal representative

Complete address(es)

Status

Relationship to deceased

Age over 18

Any persons with a prior or equal right to apply Provide names(s), address(es) and relationship to deceased of all persons with a prior or equal right to apply for a grant. Write “n/a” if not applicable.

Renunciation(s)/Nomination(s) attached Name(s)

(Note: Renunciations are needed from every person who has a prior or equal right to apply for a grant and is not an applicant. Nominations are needed from every person who has the authority to nominate when applying for a grant and who is not an applicant. Identify all such persons and attach their renunciations/nominations or write “none” if there are no such persons.)

NC 6

ESTATE NAME

DOCUMENT Schedule 4: Beneficiaries

(For each beneficiary, provide the following information.)

Name:

Relationship:

Complete address:

Age:

Nature of gift: Paragraph number of will:

Section number (intestacy):


74 May, 2020

(indicate whether under the Wills and Succession Act or Intestate Succession Act)

Except as otherwise provided, all beneficiaries are mentally capable.

VOID GIFTS

□ No void gifts.

(Complete this section if the will of the deceased was made prior to February 1, 2012:)

The gift to (beneficiary) is void because he or she: (check one) □ is a witness to the will.

□ at the time the will was made was the spouse or adult interdependent partner of a witness to the will.

(Complete this section if the will of the deceased was made after February 1, 2012:)

The gift to (beneficiary) is void because he or she: (check one) □ is a witness to the will.

□ at the time the will was made was the spouse or adult interdependent partner of a witness to the will.

□ signed the will on behalf of the deceased.

□ at the time the will was made was the spouse or adult interdependent partner of the person who signed the will on behalf of the deceased.

□ was an interpreter who provided translation services in respect of the making of the will.

□ at the time the will was made was the spouse or adult interdependent partner of the interpreter who provided translation services in respect of the making of the will.

REVOKED GIFTS

□ No revoked gifts.

□ The gift to __________________ is revoked because the deceased and __________________ were divorced on a date that occurred

(a) after the will was made, and

(b) on or after February 1, 2012. □ The gift to __________________ is revoked because the deceased and __________________ ceased to be adult interdependent partners on a date that occurred

(a) after the will was made, and

(b) on or after February 1, 2012.


75 May, 2020

NC 6.1

COURT FILE NUMBER COURT Court of Queen’s Bench of Alberta (Surrogate Matter) JUDICIAL CENTRE ESTATE NAME DOCUMENT Acknowledgment of Trustee NAME ADDRESS FOR SERVICE AND CONTACT INFORMATION OF PARTY FILING THIS DOCUMENT

Status (Choose one of the following:)

Named in the will

Named by personal representative , who is authorized by the will to appoint trustee(s)

Named by , who is authorized in the will to appoint trustee(s)

Relationship to deceased

Age over 18

Any persons with a prior or equal right to trusteeship Provide name(s), address(es) and relationship to deceased of all persons with a prior or equal right to trusteeship according to the will. Write “n/a” if not applicable.

Renunciations attached Provide name(s) of renunciators; renunciations are needed from all trustees named in the will who have renounced their right to trusteeship.

1. The deceased, , signed a will dated in which I am appointed trustee of the following trusts:

Name of Beneficiary Age Address Para. No. Will

— OR —

1. The deceased, , signed a will dated in which the deceased authorized to appoint a trustee. I have been appointed by to be the trustee of the following trusts:


76 May, 2020


2. I acknowledge that as trustee:

(a) I must use the funds in the trust only in accordance with the terms of the trust.

(b) I cannot borrow or take a benefit from the trust property unless the will expressly allows me to do so.

(c) I must keep adequate records of my administration of the trust property.

(d) I must keep the trust property separate from any other property.

3. I will faithfully administer the trust according to law and will give a true accounting of my administration of the trust to the persons entitled to it when lawfully required.

SIGNED ON

Signature Witness Name: Name:

This document requires an affidavit of execution. Use Form NC 11.

NC 7

ESTATE NAME DOCUMENT Schedule 5: Inventory of property and debts

VALUE OF ESTATE IN ALBERTA

Land and buildings (net of encumbrances) $ Other property (gross) $ Gross value of estate $ Debts (excluding encumbrances of land) $ Net value of estate $


77 May, 2020

PROPERTY

LAND AND BUILDINGS IN ALBERTA

Location of Property: (provide municipal address or, if none, closest village, town or city). Legal description of Property:

Description: Gross value: $ Encumbrances: Net value: $

OTHER PROPERTY

Description: Gross value: $

TOTAL VALUE OF PROPERTY $

DEBTS

Description: Value: $

TOTAL VALUE OF DEBTS $

NET VALUE OF ESTATE $

NC 8

TESTATOR NAME DOCUMENT Affidavit of witness to a will DEPONENT’S NAME EXHIBIT ATTACHED A: Original will dated ADDRESS FOR SERVICE AND CONTACT INFORMATION OF PARTY FILING THIS DOCUMENT

THE DEPONENT SWEARS UNDER OATH OR AFFIRMS THAT THE INFORMATION IN THIS AFFIDAVIT IS WITHIN THE DEPONENT’S KNOWLEDGE AND IS TRUE. WHERE THE INFORMATION IS BASED ON ADVICE OR INFORMATION AND BELIEF, THIS IS STATED.


78 May, 2020

1. I am one of the witnesses to the last will of the testator, .

2. The will is dated __________ and is marked as Exhibit A to this affidavit.

3. When the testator signed the will, I believe the testator understood that the document being signed was the testator’s will. [Strike out if deponent did not know or was not told it was the testator’s will.]

4. When the testator signed the will, I believe the testator was competent to sign the will. [Strike out if deponent did not know or was not told it was the testator’s will.]

5. The testator, the other witness(es) to the will, namely _________________, and I were all present together when the testator and the witnesses signed the will.

6. Before the testator signed the will, the testator made the following changes to it:

6.1 .

SWORN OR AFFIRMED BEFORE A COMMISSIONER FOR OATHS AT , ALBERTA ON

Deponent A Commissioner for Oaths in and for Alberta

NC 9

COURT FILE NUMBER COURT Court of Queen’s Bench of Alberta (Surrogate Matter) JUDICIAL CENTRE ESTATE NAME DOCUMENT Affidavit of handwriting of deceased DEPONENT’S NAME

ADDRESS FOR SERVICE AND CONTACT INFORMATION OF PARTY FILING THIS DOCUMENT EXHIBIT ATTACHED A: Will dated



79 May, 2020

1. I knew the deceased, , well and for years before the deceased died. I frequently saw the deceased write and sign documents and I am very familiar with the deceased’s handwriting and signature.

2. I have carefully examined the document dated which purports to be the deceased’s last will and which is marked as Exhibit A to this affidavit.

3. I believe the whole of the will including the signature is in the deceased’s handwriting.

or

3. I believe that the signature appearing on page of the Will is that of the deceased.



NC 10

COURT FILE NUMBER COURT Court of Queen’s Bench ofAlberta (Surrogate Matter) JUDICIAL CENTRE ESTATE NAME DOCUMENT Affidavit verifying translation of non-English will DEPONENT’S NAME ADDRESS FOR SERVICE AND CONTACT INFORMATION OF PARTY FILING THIS DOCUMENT EXHIBITS ATTACHED A: Non-English will dated B: Translation


1. I can read, write, and speak English and __________ fluently and I am competent to translate documents from either language to the other.


80 May, 2020

2. I have carefully examined the document dated which purports to be the deceased’s last will and which is marked Exhibit A to this affidavit. It is written in the language.

3. Exhibit B to this affidavit is my translation of the will into English and it is accurate.



NC 11

COURT FILE NUMBER COURT Court of Queen’s Bench of Alberta (Surrogate Matter) JUDICIAL CENTRE ESTATE NAME DOCUMENT AFFIDAVIT OF WITNESS TO SIGNATURE ON DEPONENT’S NAME ADDRESS FOR SERVICE AND CONTACT INFORMATION OF PARTY FILING THIS DOCUMENT


1. I am the witness to the signature(s) of in this .

2. I was present and saw sign (and seal) this document at , Alberta.

3. I know to be the person named in this .

or

3. On the basis of identification, I believe to be the person named in this .

4. I believe that is at least 18 years of age.


81 May, 2020



NC 12

COURT FILE NUMBER COURT Court of Queen’s Bench of Alberta (Surrogate Matter) JUDICIAL CENTRE ESTATE NAME DOCUMENT Renunciation of probate NAME ADDRESS FOR SERVICE AND CONTACT INFORMATION OF PARTY FILING THIS DOCUMENT

1. The deceased, , signed a will in which I am appointed personal representative.

2. I renounce all my right and title to a grant of probate of the deceased’s will.

3. I have not intermeddled in the deceased’s estate.

SIGNED ON

Signature Witness

Name: Name:


NC 12.1

COURT FILE NUMBER COURT Court of Queen’s Bench of Alberta (Surrogate Matter) JUDICIAL CENTRE ESTATE NAME DOCUMENT Renunciation of Trusteeship


82 May, 2020

NAME ADDRESS FOR SERVICE AND CONTACT INFORMATION OF PARTY FILING THIS DOCUMENT Status (Choose one of the following:) Named in the will

Named by personal representative , who is authorized by the will to appoint trustee(s)

Named by , who is authorized in the will to appoint trustee(s)

1. The deceased, , signed a will dated pursuant to which I am named or appointed trustee of the following trusts:


2. I renounce my right and title as a trustee appointed by the deceased’s will.

3. I have not acted as trustee or in any way dealt with the trust property.

SIGNED ON

Signature Witness

Name: Name:


NC 13

ESTATE NAME DOCUMENT Reservation of right to apply for grant of probate NAME ADDRESS FOR SERVICE AND CONTACT INFORMATION OF PARTY FILING THIS DOCUMENT


83 May, 2020

1. The deceased, , signed a will in which I am appointed one of the personal representatives.

2. I wish the administration of the deceased’s estate to proceed expeditiously but I am unable at this time to administer the deceased’s estate because .

3. I expect to be able to undertake the duties of personal representative in the future and therefore I reserve my right to apply for a grant of double probate.

4. I consent to the issuance of a grant of probate to subject to my reservation.

SIGNED ON

Signature Witness

Name: Name:


NC 14

ESTATE NAME DOCUMENT Renunciation of administration with will annexed

COURT FILE NUMBER COURT Court of Queen’s Bench of Alberta (Surrogate Matter) JUDICIAL CENTRE ESTATE NAME DOCUMENT Renunciation of administration with will annexed NAME ADDRESS FOR SERVICE AND CONTACT INFORMATION OF PARTY FILING THIS DOCUMENT

1. The deceased, , signed a will in which is appointed personal representative.

2. has renounced all right and title to the grant of probate of the deceased’s will.


84 May, 2020

3. I am entitled to apply for a grant of administration with will annexed under the Estate Administration Act because I am the deceased’s .

4. I renounce all my right and title to administration with will annexed of the deceased’s property.

SIGNED ON

Signature Witness

Name: Name:


NC 15

COURT FILE NUMBER COURT Court of Queen’s Bench of Alberta (Surrogate Matter) JUDICIAL CENTRE ESTATE NAME DOCUMENT Renunciation of probate NAME ADDRESS FOR SERVICE AND CONTACT INFORMATION OF PARTY FILING THIS DOCUMENT

1. The deceased, , died intestate.

2. I am entitled to apply for a grant of administration under the Estate Administration Act because I am the deceased’s .

3. I renounce all my right and title to a grant of administration of the deceased’s property.

SIGNED ON

Signature Witness

Name: Name:



85 May, 2020

NC 16

COURT FILE NUMBER COURT Court of Queen’s Bench of Alberta (Surrogate Matter) JUDICIAL CENTRE ESTATE NAME DOCUMENT Nomination and consent to appointment of personal representative NAME ADDRESS FOR SERVICE AND CONTACT INFORMATION OF PARTY FILING THIS DOCUMENT

1. The deceased, , signed a will in which is appointed personal representative.

2. has renounced all right and title to a grant of probate of the deceased’s will.

3. I am entitled to apply for a grant of administration with will annexed because (state relationship to deceased or circumstances creating entitlement to apply for a grant under section 13 of the Estate Administration Act) .

4. I nominate to apply for a grant of administration with will annexed and I consent to that appointment.

or

1. The deceased, , signed a will but did not appoint a personal representative.

2. I am entitled to apply for a grant of administration with will annexed because (state relationship to deceased or circumstances creating entitlement to apply for a grant under section 13 of the Estate Administration Act) .

3. I nominate to apply for a grant of administration with will annexed and I consent to that appointment.

or

1. The deceased, , signed a will that expressly authorizes me to appoint a personal representative.

2. I nominate to apply for a grant of probate or administration with will annexed and I consent to that appointment.


86 May, 2020

or


2. I am entitled to apply for a grant of administration because (state relationship to deceased or circumstances creating entitlement to apply for a grant under section 13 of the Estate Administration Act) .

3. I nominate to apply for a grant of administration and I consent to that appointment.

SIGNED ON

Signature Witness

Name: Name:


NC 17

COURT FILE NUMBER COURT Court of Queen’s Bench of Alberta (Surrogate Matter) JUDICIAL CENTRE ESTATE NAME DOCUMENT Affidavit to dispense with a bond, approve other security or reduce amount of security DEPONENT(S) NAME(S) ADDRESS FOR SERVICE AND CONTACT INFORMATION OF PARTY FILING THIS DOCUMENT

THE DEPONENT(S) EACH SWEAR UNDER OATH OR AFFIRM THAT THE INFORMATION IN THIS AFFIDAVIT IS WITHIN THE DEPONENTS’ KNOWLEDGE AND IS TRUE. WHERE THE INFORMATION IS BASED ON ADVICE OR INFORMATION AND BELIEF, THIS IS STATED.

Applicant(s)

1. The applicant(s) are entitled to apply for a grant because the applicant(s) are .


87 May, 2020

2. The applicant(s) are fully familiar with the deceased’s affairs because they are related to the deceased as .

Debts

3. The applicant(s) have made a complete investigation of the deceased’s affairs. To the best of our knowledge, Schedule 5 shows all the debts for which the deceased may be liable in the Province of Alberta.

4. The property of the estate is sufficient to pay all the debts shown in Schedule 5 and all the debts have been or will be paid before the distribution of the estate.

Special matters

5.

6. And therefore the applicant(s) request that this Court issue a grant of (state type of grant applied for) .

□ without bond or other security.

□ with a bond in the reduced amount of .

□ with the following security in the amount of instead of a bond: (describe other security proposed) .



NC 18

COURT FILE NUMBER COURT Court of Queen’s Bench of Alberta (Surrogate Matter) JUDICIAL CENTRE ESTATE NAME DOCUMENT Consent to waive bond or other security NAME ADDRESS FOR SERVICE AND CONTACT INFORMATION OF PARTY FILING THIS DOCUMENT


88 May, 2020

1. The deceased, , died testate.

2. , who resides outside Alberta, is appointed personal representative in the deceased’s will and is applying for a grant of probate.

or


2. , who resides outside Alberta, is applying for a grant of administration.

3. I have an interest in the administration of the deceased’s estate because I am .

4. I understand that a bond or other security is required because the applicant(s) reside outside Alberta. Nevertheless, I consent to an order of the court dispensing with any bond or other security so required.

SIGNED ON

Signature Witness

Name: Name:


NC 19

ESTATE NAME DOCUMENT Notice to beneficiaries (residuary)

To: Name:

Complete address:

You are named as a residuary beneficiary in the last will of .

The will gives you .

The personal representative(s) named in the will are applying for a grant of probate or the person(s) entitled are applying for a grant of administration with will annexed.

Enclosed with this notice is a copy of the application for a grant of probate or grant of administration with will annexed. This includes a copy of the will and a list of the deceased’s property and debts.


89 May, 2020

Once the court issues the grant, the personal representative(s) will collect in the property, pay the debts, and complete the administration of the estate and anything else required of the personal representative(s). Then they will be in a position to account to you before distributing any estate left after payment of all debts and expenses.

By issuing the grant, the court is not approving the figures submitted in the application for a grant of probate. It is the responsibility of the beneficiary(ies) to supervise the actions of the personal representative(s).

Alberta’s Estate Administration Act and other laws place duties on the personal representative, which include communicating regularly with beneficiaries and maintaining proper financial records. If you believe the personal representative is not complying with their duties, try to resolve the matter through discussion with the personal representative. If you are unable to resolve the matter you or your lawyer may apply to the court, which may provide a remedy if it is satisfied that the personal representative is not complying with their duties.

You can contact at , phone , for any further information you may need.


NC 20

ESTATE NAME DOCUMENT Notice to beneficiaries (non residuary)

To: Name:

Complete address:

You are named as a beneficiary in the last will of .

The will gives you .

The personal representative(s) named in the will are applying for a grant of probate or the person(s) entitled are applying for a grant of administration with will annexed.

Once the court issues the grant, the personal representative(s) will collect in the property, pay the debts, and complete the administration of the estate and anything else required of the personal representative(s). Then they will be in a position to distribute your gift to you as long as it is not needed to pay for debts and expenses of the estate.


90 May, 2020

Alberta’s Estate Administration Act and other laws place duties on the personal representative, which include communicating regularly with beneficiaries and maintaining proper financial records. If you believe the personal representative is not complying with their duties, try to resolve the matter through discussion with the personal representative. If you are unable to resolve the matter you or your lawyer may apply to the Court, which may provide a remedy if it is satisfied that the personal representative is not complying with their duties.



NC 20.1

ESTATE NAME DOCUMENT Notice of void gift

To: (name)

Complete address:

You are named as a beneficiary in the last will of _______________. The personal representative(s) named in the will are applying for a grant of probate or administration with will annexed, as applicable.

Choose one:

□ Void residuary gift

Enclosed with this notice is a copy of the application for grant of probate or administration with will annexed, as applicable. This includes a copy of the will and a list of the estate property and debts. The will states that you are to receive part of the residue of the estate.

□ Void specific gift

The will states that you are to receive (specify gift) .

The gift made to you is void because: (check one)

□ you are a witness to the will.

□ at the time the will was made you were the spouse or adult interdependent partner of a witness to the will.

□ the will was made after February 1, 2012 and you signed the will on behalf of the deceased.


91 May, 2020

□ the will was made after February 1, 2012 and at the time the will was made you were the spouse or adult interdependent partner of the person who signed the will on behalf of the deceased.

□ the will was made after February 1, 2012 and you were an interpreter who provided translation services in respect of the making of the will.

□ the will was made after February 1, 2012 and at the time the will was made you were the spouse or adult interdependent partner of the interpreter who provided translation services in respect of the making of the will.

When the court issues the grant, the personal representative(s) will collect the estate property, pay the debts, complete the administration of the estate and anything else required of the personal representative(s). Then they will be in a position to distribute the estate.

You may make an application to the court to validate the gift made to you.

There are some time requirements that must be met. You must begin any application within 6 months after the date the court issues the grant of probate or administration with will annexed, as applicable.

If you want to take this further, you must consult your own lawyer immediately.

Personal representative Date: Name:

Complete address:

NC 21

ESTATE NAME DOCUMENT Notice to Beneficiaries (intestacy) To: Name: Complete address:

died without leaving a will. In this circumstance, the provisions of Part 3 of the Wills and Succession Act of Alberta determine which relatives of the deceased inherit the estate.

You are one of these relatives, or beneficiary (intestacy), and you will receive .

has applied for a grant of administration.


92 May, 2020

Enclosed with this notice is a copy of the application for a grant of administration. This includes a list of the property and debts.

Once the court issues the grant, the personal representative(s) will collect in the property, pay the debts, and complete the administration of the estate and anything else required of the personal representative(s). Then they will be in a position to account to you before distributing any estate left after payment of all debts and expenses.

By issuing the grant, the court is not approving the figures submitted in the application for a grant of administration. It is the responsibility of the beneficiary(ies) to supervise the actions of the personal representative(s).

Alberta’s Estate Administration Act and other laws place duties on the personal representative, which include communicating regularly with beneficiaries and maintaining proper financial records. If you believe the personal representative is not complying with their duties, try to resolve the matter through discussion with the personal representative. If you are unable to resolve the matter you or your lawyer may apply to the Court, which may provide a remedy if it is satisfied that the personal representative is not complying with their duties.



NC 22

ESTATE NAME DOCUMENT Notice to spouse or adult interdependent partner of deceased Family Property Act

To: Name:

Complete address:

Enclosed with this notice is a copy of the application for a grant of ______. The Family Property Act gives rights to a spouse, adult interdependent partner, former spouse or former adult interdependent partner in certain circumstances and the law requires that the notice be given to you because you are the spouse, the adult interdependent partner or a former spouse or former adult interdependent partner and have not been given all of the property in the estate.


93 May, 2020

You may have a claim under the Family Property Act on the property in the estate. This must be dealt with before the estate can be finally distributed.

There are some time requirements that must be met. You must begin any application within 6 months after the date the court issues the grant of probate or administration. There are other time limits in the Act which may mean that in your case you have less than 6 months in which to act. After that, the personal representative may distribute the property.



I ACKNOWLEDGE RECEIPT OF THIS NOTICE AND OF A COPY OF THE APPLICATION FOR A GRANT OF IN THE ESTATE OF . Spouse/adult interdependent partner Date

NC 23

ESTATE NAME DOCUMENT Notice to spouse/adult interdependent partner of deceased Family Maintenance and Support

To: Name:

Complete address:

Enclosed with this notice is a copy of the application for a grant of . The law requires that this notice must be given to you because you are the spouse/adult interdependent partner of but you have not been given all the property in the estate.

Part 5, Division 2 of the Wills and Succession Act allows the spouse/adult interdependent partner to apply to the court to receive maintenance and support from the estate. The court can change the distribution of the estate and give you more or all of the estate if the court decides the circumstances warrant it.

There are some time requirements which must be met before the court can hear any application. You should begin your application within 6 months after the date the court issues the grant of probate or administration. After that, the personal representative may distribute the estate property and you can only apply if the court lets you. You can then only ask for some or all of the property in the estate that is still undistributed at that time.


94 May, 2020



I ACKNOWLEDGE RECEIPT OF THIS NOTICE AND OF A COPY OF THE APPLICATION FOR A GRANT OF __________ IN THE ESTATE OF .

Spouse/Adult Interdependent Partner Date

NC 24

ESTATE NAME DOCUMENT Notice to dependent child or minor grandchild or great-grandchild of the deceased Family Maintenance and Support

To: Name of Child/Trustee/Attorney/Parent/Guardian (as applicable under section 11(1) of the Estate Administration Act): ______________________________

Complete address:

On behalf of the dependent (child, grandchild or great-grandchild):

Enclosed with this notice is a copy of the application for a grant of . The law requires that this notice must be given to you because you may be entitled to make a claim for maintenance and support from the estate of the deceased, , but you have not been given all the property in the estate.

Part 5, Division 2 of the Wills and Succession Act allows the following persons to apply to the court to receive more or all of the estate:

□ a child of the deceased who is under the age of 18 years at the time of the deceased’s death;

□ a child of the deceased who is at least 18 years of age at the time of the deceased’s death and unable to earn a livelihood by reason of mental or physical disability;

□ a child of the deceased who, at the time of the deceased’s death, is at least 18 but under 22 years of age and unable to withdraw from his or her parents’ charge because he or she is attending school full-time;

□ a grandchild or great-grandchild of the deceased

(a) who was under 18 years of age at the time of the deceased’s death,


95 May, 2020

(b) in respect of whom the deceased, during life, demonstrated a settled intention to treat as his or her own child,

(c) whose primary home, since birth or for at least 2 years immediately before the grandparent’s death, was with the grandparent, and

(d) whose primary financial support, since birth or for at least 2 years immediately before the grandparent’s death, was provided by the grandparent.

The court can change the distribution of the estate and give you more or all of the estate if the court decides you are a qualified applicant and the circumstances warrant it.

There are some time requirements that must be met before the court can hear any application. You should begin your application within 6 months after the date the court issues the grant of probate or administration. After that, the personal representative may distribute the estate property and you can only apply if the court lets you. You can then only ask for some or all of the property in the estate that is still undistributed at that time.



I ACKNOWLEDGE RECEIPT OF THIS NOTICE AND OF A COPY OF THE APPLICATION FOR A GRANT OF __________ IN THE ESTATE OF .

Trustee Date

NC 24.1

ESTATE NAME (deceased’s name)

DOCUMENT Notice to the Public Trustee

This gives you notice that the personal representative shown in the attached copy of an Application for a grant of has applied for this grant.

Notice is given to you

1 under section 11 of the Estate Administration Act (family members) because

□ the Public Trustee is trustee for the estate of the following person, who is a represented adult described in section 11(1)(f) of the Estate Administration Act: Name: Address:


96 May, 2020

□ the deceased is survived by a child who was a minor on the date of the deceased’s death: Name: Date of Birth: Address:

□ the deceased is survived by a grandchild or great-grandchild described in section 11(1)(g)(ii) of the Estate Administration Act: Name: Date of Birth: Address:

2 under section 12 of the Estate Administration Act (persons interested in the estate) because

□ the following represented adult, for whose estate the Public Trustee is trustee, is interested in the deceased’s estate: Name: Address:

□ the following person is interested in the deceased’s estate and was a minor on the date of the deceased’s death: Name: Date of Birth: Address:

□ the following person is interested in the deceased’s estate and has been declared to be a missing person by an order of the Court under the Public Trustee Act: Name: Date of Birth:

Personal Representative Date

Name: Office of the Public Trustee

To the Court of Queen’s Bench of Alberta and the personal representative

The Public Trustee

□ does not intend to be represented on this application

□ intends to be represented on this application


97 May, 2020

The Public Trustee confirms the following:

□ Any property to which a minor child is entitled from the estate must be delivered to the Public Trustee.

□ Clause of the will appoints as trustee of money or property to which the minor(s) is (are) entitled under the will. The will does not appoint the Public Trustee to monitor on behalf of the minor(s). Accordingly, the Public Trustee will not monitor the trustee on behalf of the minor(s) unless the Court directs the Public Trustee to monitor pursuant to section 22 of the Public Trustee Act.

□ Clause of the will appoints as trustee of money or property to which the minor(s) is (are) entitled under the will and clause appoints the Public Trustee to monitor on behalf of the minor(s). Accordingly, the Public Trustee will monitor the trustee on behalf of the minor(s).

□ The Public Trustee reserves the right to apply under the provisions of Part 5, Division 2 of the Wills and Succession Act on behalf of .

Public Trustee of Alberta Date

The Court of Queen’s Bench requires submissions to be made as to whether the Public Trustee should monitor the trust for the benefit of minor beneficiaries. Either the applicant or the Public Trustee, on notice to the other, must arrange for the Court to hear the submissions.

Justice of the Court of Queen’s Bench Date

NC 24.2 Repealed AR 209/2007 s3.

NC 25

COURT FILE NUMBER ESTATE NAME DOCUMENT Affidavit regarding missing or unknown beneficiaries DEPONENT(S) NAME(S)


98 May, 2020

ADDRESS FOR SERVICE AND CONTACT INFORMATION OF PARTY FILING THIS DOCUMENT

THE DEPONENT(S) EACH SWEAR UNDER OATH OR AFFIRM THAT THE INFORMATION IN THIS AFFIDAVIT IS WITHIN THE DEPONENTS’ KNOWLEDGE AND IS TRUE. WHERE THE INFORMATION IS BASED ON ADVICE OR INFORMATION AND BELIEF, THIS IS STATED.

Applicant(s)

1. The applicant(s) are entitled to apply for a grant because the applicant(s) are .

2. The applicant(s) are applying for a grant of .

3. The applicant(s) cannot fully complete Schedule 4 nor provide a complete set of notices to beneficiaries.

Unknown beneficiaries

4. These beneficiaries are unknown to the applicant(s):

4.1

Missing beneficiaries

5. These beneficiaries cannot yet be located:

5.1

Enquiries

6. The applicant(s) have made these enquiries to ascertain and find the beneficiaries:

6.1

Undertakings

7. The applicant(s) undertake:

7.1 to advise the court as soon as they have ascertained or found the beneficiaries, and

7.2 to provide the clerk with the notices to beneficiaries at that time.

8. The applicant(s) believe that it is in the best interest of the estate to begin its administration immediately.

9. Repealed AR 110/2006 s3.


99 May, 2020

Prayer

10. That this Court grant the application for a grant of without Schedule 4 being fully completed and without sending all the notices to beneficiaries.

SWORN OR AFFIRMED BY EACH DEPONENT BEFORE A COMMISSIONER FOR OATHS AT ALBERTA ON


NC 26

COURT FILE NUMBER


JUDICIAL CENTRE

ESTATE NAME

PROCEDURE Application for a grant of

REPORT OF CLERK TO JUSTICE

1. I have examined the Application and supporting material on this file and report that, to the best of my knowledge, it appears to comply with the Rules and Practices except for the following, which I respectfully draw to your attention:

Surrogate Clerk Date

JUSTICE’S DIRECTION

2. Justice’s Comments: (If Fiat not signed)

□ Return for corrections as noted above OR

□ The application for a grant is returned because:


100 May, 2020

The applicant(s) can re-apply on an informal basis once they have satisfied the Court about these matters.

Justice of the Court of Queen’s Bench Date of Alberta

NC 27

COURT FILE NUMBER COURT Court of Queen’s Bench of Alberta (Surrogate Matter) JUDICIAL CENTRE ESTATE NAME DOCUMENT Affidavit of service DEPONENT’S NAME ADDRESS FOR SERVICE AND CONTACT INFORMATION OF PARTY FILING THIS DOCUMENT


1. On , I served true copies of the originals of the following documents:

Attached as Document

Exhibit A

on the following:

Person(s) name(s) and address(es) where served and manner of service

SWORN OR AFFIRMED BY EACH DEPONENT BEFORE A COMMISSIONER FOR OATHS AT , ALBERTA ON


101 May, 2020


NC 28

COURT FILE NUMBER COURT Court of Queen’s Bench of Alberta (Surrogate Matter) JUDICIAL CENTRE ESTATE NAME PROCEDURE Application by the attorney for the personal representative(s) for a grant of BOND NOTICES REQUIRED COPY OF THE APPLICATION FILED WITH THE PUBLIC TRUSTEE’S OFFICE NAME OF ATTORNEY FOR THE PERSONAL REPRESENTATIVE(S) COMPLETE ADDRESS FOR SERVICE ON THE ATTORNEY FOR THE PERSONAL REPRESENTATIVE(S)

Attorney Date Name: Complete address:

Lawyers for Attorney Responsible lawyer: Firm name: Complete address: Phone: Fax: File no.:


102 May, 2020



NC 29

COURT FILE NUMBER COURT Court of Queen’s Bench of Alberta (Surrogate Matter) JUDICIAL CENTRE ESTATE NAME DOCUMENT Affidavit by the attorney for the personal representative(s) on application for a grant of DEPONENT’S NAME ADDRESS FOR SERVICE AND CONTACTINFORMATION OF PARTYFILING THIS DOCUMENT

THE DEPONENT SWEARS UNDER OATH OR AFFIRMS THAT THE INFORMATION IN THIS AFFIDAVIT AND IN THE ATTACHED SCHEDULES IS WITHIN THE DEPONENT’S KNOWLEDGE AND IS TRUE. WHERE THE INFORMATION IS BASED ON ADVICE OR INFORMATION AND BELIEF, THIS IS STATED.

Applicant

1. The applicant is the attorney for , who are entitled to apply for a grant because they are .

2. The personal representative(s) appointed the applicant as their attorney for the purpose of this application on .

Schedules Attached






103 May, 2020



Documents Attached


4.1 Power of attorney from




Notices

5. The applicant(s) have served the following notices as required and in the manner prescribed by the Surrogate Rules.




5.4 NC 22 Notice to spouse or adult interdependent partner of deceased Family Property Act




6. The attorney for the personal representative(s) will not make a distribution to a trustee of any property that is subject to a trust under the will until after an acknowledgment of trustee(s) in Form NC 6.1 signed by the trustee(s) has been filed.

7. The attorney for the personal representative(s) will faithfully administer the estate of the deceased according to law and will give a true accounting of the attorney’s administration to the persons entitled to it when lawfully required.



104 May, 2020


NC 30

COURT FILE NUMBER COURT Court of Queen’s Bench of Alberta (Surrogate Matter) JUDICIAL CENTRE ESTATE NAME PROCEDURE Application by a personal representative for a grant of double probate DATE OF FIRST GRANT BOND NOTICES REQUIRED COPY OF THE APPLICATION FILED WITH THE PUBLIC TRUSTEE’S OFFICE NAME(S) OF PERSONAL REPRESENTATIVE(S) IN THIS APPLICATION NAME(S) OF PERSONAL REPRESENTATIVE(S) IN THE PREVIOUS APPLICATION COMPLETE ADDRESS FOR SERVICE ON THE PERSONAL REPRESENTATIVE(S)


Lawyers for Personal Representative Responsible lawyer: Firm name: Complete address:


105 May, 2020

Phone: Fax: File no.:



NC 31

COURT FILE NUMBER COURT Court of Queen’s Bench of Alberta (Surrogate Matter) JUDICIAL CENTRE ESTATE NAME DOCUMENT Affidavit by a personal representative on application for a grant of double probate DEPONENT(S) NAME(S) ADDRESS FOR SERVICE AND CONTACT INFORMATION OF PARTY FILING THIS DOCUMENT


Applicant(s)

1. The applicant is one of the personal representative(s) named in the deceased’s last will.

2. The other personal representative(s) named in the will previously applied for and were granted a grant of probate issued by this court on . Power was reserved at that time to allow the other personal representative(s) named in the will to make a subsequent application.


106 May, 2020

Schedules

3. The following schedules were part of the affidavit of , which was previously filed in that application for probate. They are correct to the deponents’ information and belief.






Documents

4. The following documents were part of the affidavit of , which was previously filed in that application for probate.




Notices

5. The following notices were served as required and in the manner prescribed by the Surrogate Rules by when the previous application was filed.









107 May, 2020

6. The personal representative(s) will not make a distribution to a trustee of any property that is subject to a trust under the will until after an acknowledgment of trustee(s) in Form NC 6.1 signed by the trustee(s) has been filed.

7. The personal representative(s) will faithfully administer the estate of the deceased according to law and will give a true accounting of their administration to the persons entitled to it when lawfully required.

8. This application for double probate is now made because .

9. The grant issued to is now surrendered to this court.



NC 32

COURT FILE NUMBER COURT Court of Queen’s Bench of Alberta (Surrogate Matter) JUDICIAL CENTRE ESTATE NAME PROCEDURE Application by the personal representative(s) for a grant of ORIGINAL JURISDICTION BOND NOTICES REQUIRED COPY OF THE APPLICATION FILED WITH THE PUBLIC TRUSTEE’S OFFICE PERSONAL REPRESENTATIVE(S) NAME(S) COMPLETE ADDRESS FOR SERVICE ON THE PERSONAL REPRESENTATIVE(S)


108 May, 2020


Lawyers for Personal Representative Responsible lawyer: Firm name: Complete address: Phone Fax: File no.



NC 33

COURT FILE NUMBER COURT Court of Queen’s Bench of Alberta (Surrogate Matter) JUDICIAL CENTRE ESTATE NAME DOCUMENT Affidavit by the personal representative(s) on application for a grant of DEPONENT(S) NAME(S) ADDRESS FOR SERVICE AND CONTACT INFORMATION OF PARTY FILING THIS DOCUMENT



109 May, 2020

Applicant(s)

1. The applicant(s) are entitled to apply for a grant because the applicant(s) are

Schedules Attached







Documents Attached


3.1 Certified copy of probate / administration issued by the (insert name and jurisdiction of court)

3.2 Certificate of the (insert name and jurisdiction of court) that the grant is unrevoked and fully effective.

3.3 NC 17 Affidavit to dispense with bond


Notices








110 May, 2020


Original grant

5. The (insert name and jurisdiction of court) issued a grant of to the personal representative(s) on which grant is unrevoked and of full force and effect.

(Include the following if applicable. Delete if the trustee(s) are not under the jurisdiction of the court.)

6. The personal representative(s) will not make a distribution to a trustee of any property that is subject to a trust under the will until after an acknowledgment of trustee(s) in Form NC 6.1 signed by the trustee(s) has been filed.

7. The applicant(s) ask this court to with respect to the deceased’s property in Alberta.

8. The personal representative(s) will faithfully administer the estate of the deceased according to law and will give a true accounting of their administration to the persons entitled to it when lawfully required.

SWORN OR AFFIRMED BY EACH DEPONENT BEFORE A COMMISSIONER FOR OATHS / NOTARY PUBLIC AT , ON


NC 34

Notice to Creditors and Claimants

Estate of who died on

If you have a claim against this estate, you must file your claim by with at and provide details of your claim.

If you do not file by the date above, the estate property can lawfully be distributed without regard to any claim you may have.


111 May, 2020

NC 34.1

COURT FILE NUMBER


JUDICIAL CENTRE

ESTATE NAME

DOCUMENT Statutory Declaration of Publication

EXHIBIT ATTACHED Advertisement ADDRESS FOR SERVICE AND CONTACT INFORMATION OF PARTY FILING THIS DOCUMENT

THE DECLARANT SOLEMNLY DECLARES THAT THE INFORMATION IN THIS STATUTORY DECLARATION IS WITHIN THE DECLARANT’S KNOWLEDGE AND IS TRUE. WHERE THE INFORMATION IS BASED ON ADVICE OR INFORMATION AND BELIEF, THIS IS STATED.

1. The declarant’s name and complete address is .

2. The declarant states that, on examination of the (newspaper name), a newspaper published in , Alberta, true copies of the attached advertisement, marked as Exhibit A, appeared in the following issues of the newspaper:

2.1 (date of issue)

2.2 (date of issue)

DECLARED BEFORE A COMMISSIONER FOR OATHS AT , ALBERTA, ON .

Declarant A Commissioner for Oaths in and for Alberta

NC 35

COURT FILE NUMBER COURT Court of Queen’s Bench of Alberta (Surrogate Matter) JUDICIAL CENTRE ESTATE NAME


112 May, 2020

DATE OF DEATH

DOCUMENT Statutory declaration by creditors and claimants ADDRESS FOR SERVICE AND CONTACT INFORMATION OF PARTY FILING THIS DOCUMENT

THE DECLARANT SOLEMNLY DECLARES THAT THE INFORMATION IN THIS STATUTORY DECLARATION IS WITHIN THE DECLARANT’S KNOWLEDGE AND IS TRUE. WHERE THE INFORMATION IS BASED ON ADVICE OR INFORMATION AND BELIEF, THIS IS STATED.

Declarant

1. The declarant’s name and complete address is .

2. The declarant makes this claim as a .

Amount of Claim

3. The amount claimed against the estate is $ .

Details of Claim

4. This claim is based on .

Security for Debt (Creditors only)

5. The declarant holds the following security for this debt .

6. The security is owned by .

7. The declarant values the security at $ .

8. The deceased is liable for this claim.

DECLARED BEFORE A COMMISSIONER FOR OATHS AT ,

ALBERTA, ON .

Declarant A Commissioner for Oaths in and for Alberta


113 May, 2020

NC 36

COURT FILE NUMBER COURT Court of Queen’s Bench of Alberta (Surrogate Matter) JUDICIAL CENTRE ESTATE NAME GRANT Probate

BY THE ORDER OF THE HONOURABLE JUSTICE DATED .

THIS COURT HAS GRANTED PROBATE OF THE ATTACHED WILL (AND CODICIL(S)) AND ADMINISTRATION OF ALL THE DECEASED’S PROPERTY TO THE PERSONAL REPRESENTATIVE(S).

Name of deceased Of Date of death Name(s) of personal representative(s) Of

CLERK OF THE COURT

This Form is for use by the court and clerk’s office only.

NC 37

COURT FILE NUMBER COURT Court of Queen’s Bench of Alberta (Surrogate Matter) JUDICIAL CENTRE ESTATE NAME GRANT Administration with will annexed

BY THE ORDER OF THE HONOURABLE JUSTICE DATED


114 May, 2020

THIS COURT HAS PROVED AND REGISTERED THE ATTACHED WILL (AND CODICIL(S)) OF THE DECEASED AND AUTHORISED ADMINISTRATION OF

THE DECEASED’S PROPERTY TO THE PERSONAL REPRESENTATIVE(S).


CLERK OF THE COURT


NC 38

COURT FILE NUMBER COURT Court of Queen’s Bench of Alberta (Surrogate Matter) JUDICIAL CENTRE ESTATE NAME GRANT Administration


THIS COURT HAS AUTHORISED ADMINISTRATION OF



CLERK OF THE COURT



115 May, 2020

NC 39

COURT FILE NUMBER COURT Court of Queen’s Bench of Alberta (Surrogate Matter) JUDICIAL CENTRE ESTATE NAME GRANT Double probate


THIS COURT GRANTED PROBATE OF THE ATTACHED WILL (AND CODICIL(S)) AND ADMINISTRATION OF ALL THE DECEASED’S PROPERTY TO ONE OF THE PERSONAL REPRESENTATIVE(S) ON .

THIS GRANT IS NOW REVOKED.

THIS COURT NOW HAS GRANTED PROBATE OF THE ATTACHED WILL (AND CODICIL(S)) AND ADMINISTRATION OF ALL THE DECEASED’S PROPERTY TO THE PERSONAL REPRESENTATIVE(S).


CLERK OF THE COURT


NC 40

COURT FILE NUMBER COURT Court of Queen’s Bench of Alberta (Surrogate Matter) JUDICIAL CENTRE ESTATE NAME GRANT Ancillary grant of probate



116 May, 2020

THIS COURT HAS GRANTED PROBATE OF THE ATTACHED WILL (AND CODICIL(S)) AND ADMINISTRATION OF ALL THE DECEASED’S PROPERTY IN ALBERTA TO THE PERSONAL REPRESENTATIVE(S).


CLERK OF THE COURT


NC 41

COURT FILE NUMBER COURT Court of Queen’s Bench of Alberta (Surrogate Matter) JUDICIAL CENTRE ESTATE NAME GRANT Ancillary grant of administration with will annexed


THIS COURT HAS PROVED AND REGISTERED THE ATTACHED WILL (AND CODICIL(S)) OF THE DECEASED AND AUTHORISED ADMINISTRATION OF




117 May, 2020

CLERK OF THE COURT


NC 42

COURT FILE NUMBER COURT Court of Queen’s Bench of Alberta (Surrogate Matter) JUDICIAL CENTRE ESTATE NAME GRANT Ancillary grant of

administration


THIS COURT HAS AUTHORISED ADMINISTRATION OF



CLERK OF THE COURT


NC 42.1

COURT FILE NUMBER COURT Court of Queen’s Bench of Alberta (Surrogate Matter) JUDICIAL CENTRE ESTATE NAME GRANT Resealed Grant of

BY THE ORDER OF THE HONOURABLE JUSTICE


118 May, 2020

DATED

THIS COURT HAS RESEALED AND REGISTERED THE ATTACHED GRANT ISSUED BY ON AND AUTHORIZED ADMINISTRATION OF THE DECEASED’S PROPERTY TO THE PERSONAL REPRESENTATIVE(S).

Name of deceased Of Date of death Name(s) of personal representative(s)

CLERK OF THE COURT


NC 43

COURT FILE NUMBER COURT Court of Queen’s Bench of Alberta (Surrogate Matter) JUDICIAL CENTRE PROCEDURE Application for an order appointing a trustee of a minor’s property NAME OF MINOR NAMES OF MINOR’S PARENTS/GUARDIANS BOND NAME(S) OF APPLICANT(S) NAME(S) OF PROPOSED TRUSTEE(S) ADDRESS FOR SERVICE AND CONTACT INFORMATION OF PARTY FILING THIS DOCUMENT

Property for which order is requested 1. The applicant(s) is (are) applying for an order appointing the proposed trustee(s) as

trustee(s) of (tick applicable box):

□ the following particular property to which the minor is entitled or is likely to become entitled: (describe particular property)


119 May, 2020

or

□ the minor’s property generally.

Bond or other security 2. (tick applicable box)

□ The proposed trustees have obtained a bond in the amount of $ as described in the affidavit(s) filed with the court.

or

□ The applicant(s) are requesting the court to approve the following security: with a value of $ instead of a bond, as described in the affidavit(s) filed with the court.

or

□ The applicant(s) are requesting the court to dispense with the requirement for a bond or other security on the basis that it would be in the minor’s best interest to do so, having regard to other safeguards that are or will be in place as described in the affidavit(s) filed with the court.

or □ The applicant(s) are requesting an order that no bond or other security is

required because the proposed trustee, or one or more of the proposed trustees, is a trust corporation as described in the affidavit(s) filed with the court.

Specific authority or provisions requested 3. The applicant(s) request that the order give the proposed trustees the following

specific authority or include the following specific provisions:

describe specific authority or provisions requested

*Note: Complete this section only if the applicant(s) are requesting that the order give the trustee(s) any specific authority or include any specific provisions.

In considering whether to request specific authority or provisions, the applicants should consider section 10(6) and 10(7) of the Minors’ Property Act and sections 34, 35 and 37 of the Trustee Act relating to permitted expenditures from trust property.

*Note respecting service: If the applicant(s) are requesting the court to dispense with service on a non-applicant parent or guardian, that request should be stated in this section.

Applicable Surrogate Rules 4. Surrogate Rules(s) under which this application is being made:

4.1 Rules 50-54.


120 May, 2020

4.2 Any other Surrogate Rules(s) the applicant specifically relies on (specify):

Applicable Statutes 5. 5.1 Minors’ Property Act, sections 10 and 11.

5.2 Any other statutory authority the applicant specifically relies on (tick applicable box(es)):

□ Trustee Act, section 37;

□ other (specify statute(s) and section number(s)): __________________________________________________________

Signature(s) of Applicant(s) Date

NOTICE: This application may be dealt with only after the Public Trustee has filed a response to the application (see rule 51(4)(b)).

NC 44

COURT FILE NUMBER COURT Court of Queen’s Bench of Alberta (Surrogate Matter) JUDICIAL CENTRE NAME OF MINOR DOCUMENT Affidavit on application for an order appointing a trustee of a minor’s property DEPONENT(S) NAME(S) ADDRESS FOR SERVICE AND CONTACT INFORMATION OF PARTY FILING THIS DOCUMENT COPY OF BOND ATTACHED


*Note: The contents of this affidavit must be adjusted as necessary to ensure that it accurately reflects the circumstances of your application. For example, if a proposed trustee is not (one of) the applicant(s), it may be necessary to file two affidavits: one addressing matters within the knowledge


121 May, 2020

of the applicant, and another addressing matters within the knowledge of the proposed trustee(s) and expressly consenting to be appointed as trustee(s).

Applicant(s) 1. I am (We are) the proposed trustee(s) in this application. I am (we are) 18 years of

age or older and the (state relationship of proposed trustee(s) to minor) of the minor.

Minor 2. The minor is:

Name: Complete address: Birth date: Age:

Living parents and guardians of minor 3. The living parents and guardians of the minor are (provide the following information

about each living parent and guardian):

3.1 Name: Complete address: Is (one of) the proposed trustee(s) □ Yes □ No Relationship to minor: □ Parent □ Guardian appointed under section 22 of the Family Law Act by the minor’s

deceased parent(s), (name(s) of deceased parent(s)) □ Guardian appointed by court order under section 23 of the Family Law Act

3.2 Name: Complete address: Is (one of) the proposed trustee(s) □ Yes □ No Relationship to minor: □ Parent

□ Guardian appointed under section 22 of the Family Law Act by the minor’s deceased parent(s), (name(s) of deceased parent(s))

□ Guardian appointed by court order under section 23 of the Family Law Act

Deceased parents of minor (if any) 4. □ No parent of the minor is deceased

or □ The following parent(s) of the minor is (are) deceased (provide the following information about each deceased parent):

4.1 Name: Date of death: Residence at date of death:

4.2 Name: Date of death: Residence at date of death:


122 May, 2020

Property for which trusteeship order is requested 5. (tick the applicable box)

□ I am (We are) applying to be appointed as trustee(s) of the following particular property to which the minor is entitled or is likely to become entitled:

Description of property: Value of property: $_________ Source of minor’s entitlement (e.g. minor is a beneficiary under a deceased person’s estate, personal injury settlement, insurance policy or fatal accident claim. In the case of an estate, state particulars such as name of deceased person and date of death):

or

□ I am (We are) applying to be appointed as trustee(s) of the minor’s property generally.

5.1 The minor is currently entitled to the following property:

Description Value Source of minor’s entitlement

5.2 In addition, I am (we are) aware of the following circumstances or claims under which the minor is likely to become entitled to additional property while the trusteeship order is in effect (describe circumstances or claims, e.g. minor is likely to become a beneficiary under a deceased person’s estate or to receive money under a personal injury settlement, insurance policy or fatal accident claim. In the case of an estate, state particulars such as name of deceased person and date of death):

Best interest of the minor 6. It would be in the best interest of the minor for the court to appoint me (us) as

trustee(s) of the minor’s property because (complete all sections):

(a) I (We) have the ability to administer the minor’s property because (describe your relevant qualifications, skills, knowledge and experience):

(b) I (We) have the following plan for administering the minor’s property (describe your plan for prudently administering the minor’s property, including how you would invest the property and what expenditures you anticipate paying out of income from the property for the minor’s benefit):


123 May, 2020

(c) Appointing me (us) as trustee(s) of the minor’s property would have the following benefits for the minor compared with other available options for administering the minor’s property (describe how you expect your trusteeship would benefit the minor more than other available options for administering the minor’s property, including the option of the Public Trustee administering the minor’s property):

6.1. (Complete this section only if the application is for trusteeship of the minor’s property generally, rather than for trusteeship only of particular property of the minor.)

I (We) believe the minor’s interests would be better served by appointing me (us) as trustee(s) of the minor’s property generally than by appointing me (us) as trustee(s) of particular property, for the following reasons (describe why you believe it would benefit the minor more if you were appointed as trustee(s) of all the minor’s property, including property to which the minor may subsequently become entitled while the trusteeship order is in effect, than if you were appointed as trustee(s) of particular property specified in the trusteeship order):

Specific authority or provisions requested (if any) 7. (Complete this section only if the application is requesting that the court’s order give

the trustee(s) any specific authority or include any specific provisions such as provisions for compensation of the trustee(s).)

I (We) request that the court’s order give me (us) the following specific authority or contain the following specific provisions, for the following reasons (describe specific authority or specific provisions requested and explain reasons for the request):

Service 8. 8.1 (tick the applicable box)

□ I (We) intend to serve each of the minor’s parents and guardians, other than the applicants, with a notice in Form NC 46 and a draft order in Form NC 48, and will file proof of service in Form NC 27 with the court.

or

□ I (We) are requesting an order of the court dispensing with the requirement to serve a notice and draft order on the following parent(s) or guardian(s) of the minor: (name(s)) for the following reasons: (explain)


124 May, 2020

8.2 I (We) are aware that a notice in Form NC 46.1 and a draft order in Form NC 48 must be served on the Public Trustee and will file proof of service in Form NC 27 with the court.

Minor’s consent 9. I (We) (tick the applicable box)

□ are filing the minor’s consent to this application for a trusteeship order, as required by section 14(3) of the Minors’ Property Act.

or

□ are applying to the court for an order allowing this application for a trusteeship order to be made without the minor’s consent.

Bond 10. I (We) (tick the applicable box)

□ have obtained the required bond, a copy of which is marked as Exhibit A to this affidavit.

or

□ propose to provide the following security instead of a bond (describe proposed security instrument, for example, mortgage or promissory note, and state its dollar value):

or

□ are applying to dispense with the requirement to provide a bond or other security because it would be in the minor’s best interest to do so for the following reasons (explain why it would be in the minor’s best interest not to require the proposed trustees to provide a bond or other security, and describe any other safeguards that are or will be in place):

or

□ are not required to provide a bond or other security because

□ the proposed trustee, or □ one of the proposed trustees, namely name ,

is a trust corporation within the meaning of section 11(3) of the Minors’ Property Act.

Attached documents 11. I (We) have personally prepared or carefully read the documents that are part of this

affidavit and to the best of my (our) knowledge the information in them is accurate and complete.


125 May, 2020

Acknowledgments 12. I (We) consent to being appointed as trustee(s) and acknowledge that if the court

appoints me (us) as trustee(s):

(a) I (We) must use the trust property only in accordance with the order of the court.

(b) I (We) must not borrow or take a benefit from the trust property unless the court order expressly allows me (us) to do so.

(c) I (We) must keep adequate records of my (our) administration of the trust property and account to the minor when the minor reaches 18 years of age.

(d) I (We) must keep the trust property separate from any other property.

Administration of trust 13. I (We) will faithfully administer the trust according to law and will give a true

accounting of my (our) administration of the trust to the persons entitled to it when lawfully required.



NC 45

COURT FILE NUMBER COURT Court of Queen’s Bench of Alberta (Surrogate Matter) JUDICIAL CENTRE DOCUMENT Minor’s consent to appointment of trustee(s) NAME OF MINOR ADDRESS FOR SERVICE AND CONTACT INFORMATION OF PARTY FILING THIS DOCUMENT

1. I was born on and am years of age.

2. I understand that (name(s)) intend to apply to the court for an order appointing (name(s)) as trustee(s) of (tick applicable box):

□ the following particular property to which I am entitled or am likely to become entitled: (describe particular property)

or


126 May, 2020

□ my property generally,

until I am 18 years of age.

3. I consent to the application described above.

SIGNED BY THE MINOR AND WITNESSED BY

ON

Signature of Minor Witness


NC 46

COURT FILE NUMBER COURT Court of Queen’s Bench of Alberta (Surrogate Matter) JUDICIAL CENTRE DOCUMENT Notice to Parent or Guardian of application to appoint a trustee of a minor’s property NAME OF MINOR NAME(S) OF MINOR’S PARENTS/GUARDIANS NAME(S) OF PROPOSED TRUSTEE(S) NAME(S) OF APPLICANT(S) ADDRESS FOR SERVICE AND CONTACT INFORMATION OF PARTY FILING THIS DOCUMENT

1. This notice is given to (name of parent/guardian) .

2. The applicant(s), ( name(s)) , intend to apply to the court for an order appointing (name(s)) as trustee(s) of property of the minor, name . The proposed trust property is described in the documents included with this notice.

3. Copies of the following documents are included with this notice (tick applicable boxes):

□ Application for an order appointing trustee(s) of a minor’s property (Form NC 43)


127 May, 2020

□ Affidavit on application for an order appointing a trustee of a minor’s property (Form NC 44)

□ Minor’s consent to appointment of trustee(s) (Form NC 45)

□ Draft order (Form NC 48)

4. Further information may be obtained from name and telephone number .

5. THERE IS A DEADLINE FOR OBJECTING TO THIS APPLICATION. If you object to the application to appoint the trustee(s), you must complete the response below and file a copy with the Court without delay. The Court may determine the application 10 days (or one month if you are not a resident of Alberta) after this notice is served on you, unless you have filed a response before that time requesting a hearing. If you request a hearing, the applicant will give you notice of the date, time, and place of the hearing.

NC 46.1

COURT FILE NUMBER COURT Court of Queen’s Bench of Alberta (Surrogate Matter) JUDICIAL CENTRE DOCUMENT Notice to Public Trustee of application to appoint a trustee of a minor’s property NAME OF MINOR NAME(S) OF MINOR’S PARENTS/GUARDIANS NAME(S) OF PROPOSED TRUSTEE(S) NAME(S) OF APPLICANT(S) ADDRESS FOR SERVICE AND CONTACT INFORMATION OF PARTY FILING THIS DOCUMENT

1. This notice is given to the Public Trustee.

2. The applicant(s), name(s) , intend to apply to the court for an order appointing name(s) as trustee(s) of property of the minor, name . The proposed trust property is described in the documents included with this notice.

3. Copies of the following documents are included with this notice (tick applicable boxes):

□ Application for an order appointing trustee(s) of a minor’s property (Form NC 43)


128 May, 2020

□ Affidavit on application for an order appointing a trustee of a minor’s property (Form NC 44)

□ Minor’s consent to appointment of trustee(s) (Form NC 45)

□ Draft order (Form NC 48)

4. Further information may be obtained from name and telephone number .

(Instruction to Applicant: Where indicated in the box below for the Public Trustee’s response, insert the judicial centre where your application is to be made and the mailing address for the court in that judicial centre.)

RESPONSE OF PUBLIC TRUSTEE

To: THE COURT OF QUEEN’S BENCH OF ALBERTA

JUDICIAL CENTRE OF (specify judicial centre and mailing address)

(tick the applicable box):

□ The Public Trustee does not object to the application and does not request a hearing.

or

□ The Public Trustee does not request a hearing but submits the following comments for the court’s consideration:

or

□ The Public Trustee objects to the application and requests a hearing on notice to the Public Trustee. The reasons for the Public Trustee’s objections are:

Signature Date

Print Name:


129 May, 2020

NC 46.2

COURT FILE NUMBER COURT Court of Queen’s Bench of Alberta (Surrogate Matter) JUDICIAL CENTRE DOCUMENT Response of Parent or Guardian to application to appoint a trustee of a minor’s property NAME OF MINOR NAME(S) OF MINOR’S PARENTS/GUARDIANS NAME(S) OF PROPOSED TRUSTEE(S) NAME(S) OF APPLICANT(S) ADDRESS FOR SERVICE AND CONTACT INFORMATION OF PARTY FILING THIS DOCUMENT

1. I am (We are) (tick the applicable box)

□ the parent(s) of the minor, (minor’s name) .

or

□ the guardian(s) of the minor, (minor’s name) .

2. I (We) have been served with notice of the application (Form NC 43) being made to the court by the applicant(s) for an order appointing (name(s) of proposed trustee(s)) as trustee(s) of property of the minor.

3. (tick applicable boxes):

3.1 □ I (We) do not object to the application and do not request a hearing

(Optional:) Although I (we) do not object to the application, I (we) submit the following comments for the court’s consideration (add any comments you wish the court to consider):

3.2 □ I (We) object to the application and request a hearing on notice to me (us). The reasons for my (our) objection are (describe your reasons, which must relate to why the proposed appointment would not be in the best interest of the minor):


130 May, 2020

Signature of Parent(s) or Guardian(s) Date

Form NC 47 Repealed AR 37/2020 s13.

NC 48

COURT FILE NUMBER COURT Court of Queen’s Bench of Alberta (Surrogate Matter) JUDICIAL CENTRE NAME OF MINOR DOCUMENT Order appointing a trustee of a minor’s property DATE ON WHICH ORDER WAS MADE: LOCATION OF HEARING NAME OF JUDGE WHO MADE THIS ORDER: The Honourable Justice

THE COURT HAS:

Reviewed the affidavit(s) and other documents filed in this application;

Heard representations from the parties or counsel for the parties;

Considered the response and any representations from the Public Trustee;

(add the following if the minor was 14 years of age or older when the application was filed, unless the court dispensed with the requirement for the minor’s consent) Considered the minor’s consent to the application;

Considered the application;

AND THE COURT ORDERS:

1. Name(s) of trustee(s) is (are) appointed

□ as trustee(s) of the following particular property of the minor: (identify particular property) and any property derived from the investment or disposition of that property.

or


131 May, 2020

□ as trustee(s) of all property to which the minor is entitled at the time this order is made and all property to which the minor becomes entitled while this order is in effect.

or

□ as trustee(s) of all property to which the minor is entitled at the time this order is made and all property to which the minor becomes entitled while this order is in effect, excluding the following property: (describe excluded property)

2. The trustee(s)

□ has (have) provided a bond in the amount of $ , a copy of which is attached to this order.

□ has (have) provided a security instrument in the form of (describe security instrument) having a value of $ instead of a bond, and proof of registration of the security instrument against the secured property is attached.

□ is (are) not required to provide a bond or other security.

3. Except as otherwise provided in sections 4 and 5 of this order, the trustee(s) are authorized and required to deal with the trust property in accordance with the Minors’ Property Act and the Trustee Act.

4. The following specific provisions apply to the trusteeship created by this order (set out any provisions, conditions, limitations or directions ordered by the court. For example, if the court grants any authority under section 37 of the Trustee Act, specify that authority here):

4.1

4.2

JUSTICE OF THE COURT OF QUEEN’S BENCH OF ALBERTA

NC 49

COURT FILE NUMBER COURT Court of Queen’s Bench of Alberta

(Surrogate Matter) JUDICIAL CENTRE ESTATE NAME


132 May, 2020

Certificate of Valid Grant

I certify that the grant described in this certificate is valid and unrevoked.

Grant Date of grant Name of deceased Of Date of death Name(s) of personal representative(s) Of

Clerk of the Court Date


C 1

COURT FILE NUMBER COURT Court of Queen’s Bench of Alberta (Surrogate Matter) JUDICIAL CENTRE ESTATE NAME DOCUMENT Application for (state matter)

PARTIES

APPLICANT(S)

RESPONDENT(S)

(names of the following who have an interest in this matter)


BENEFICIARIES (RESIDUARY)

LIFE TENANTS

BENEFICIARIES (NON RESIDUARY)

BENEFICIARIES (INTESTACY)

TRUSTEES FOR REPRESENTED ADULTS


133 May, 2020

ATTORNEYS FOR INCOMPETENT ADULTS

MINORS

MISSING PERSONS

UNPAID CLAIMANTS

BONDING COMPANIES

OTHER PERSONS WHO HAVE FILED A FORM C 1 IN RESPECT OF THE ESTATE


THIS APPLICATION WILL BE HEARD BY A JUSTICE OF THE COURT OF QUEEN’S BENCH OF ALBERTA, JUDICIAL CENTRE OF

ON

PLACE

TIME

NOTICE TO THE RESPONDENT(S)

This is to notify you that if you do not attend either in person or by your lawyer before the court at the time and place shown above, the court may give the applicant(s) what they want in your absence. You will be bound by any order the court makes.

Alternatively, another order might be given or other proceedings taken that the applicant(s) are entitled to without any further notice of them to you.

Therefore, if you want to take part in this application, you or your lawyer must attend in court on the date and time described.

In addition to attending in court, you may file and serve a reply to this application in Form C 2.1 at least 5 days before the date shown above or as directed by the court.

Whether or not you file and serve a reply to this application, you may file and serve a demand for notice in Form C 2.2, which gives you the right to receive notice of future applications in respect of this matter.


134 May, 2020

Applicant(s)

1. The applicant(s) is (are) .

Issues to be determined or nature of claims

2. .

Grounds for request and relief sought

3. .

Documents filed with this application

4. 4.1 C 2 Affidavit of the applicant(s)

4.2

Applicable Surrogate Rules

5. 5.1 (tick applicable box(es)):

□ Surrogate Rule 4(1)

□ Surrogate Rule 41

□ Surrogate Rule 58(a)

□ Surrogate Rule 70.1(1)



□ Surrogate Rule 94(2)

5.2 Any other Surrogate Rule(s) the applicant specifically relies on (specify): .

Applicable statutes

6. Any statutory authority the applicant specifically relies on (specify statute(s) and section number(s)): .

Applicant Date

Lawyers for Applicant(s) Responsible lawyer: Firm name: Complete address:


135 May, 2020

Phone: Fax: File no.:

C 2

COURT FILE NUMBER COURT Court of Queen’s Bench of Alberta (Surrogate Matter) JUDICIAL CENTRE ESTATE NAME DOCUMENT Affidavit in support of (or opposing) application for (state matter)

DEPONENT’S NAME(S)

EXHIBITS ATTACHED

ADDRESS FOR SERVICE AND CONTACT INFORMATION OF PARTY FILING THIS DOCUMENT THE DEPONENT SWEARS UNDER OATH OR AFFIRMS THAT THE FOLLOWING INFORMATION IS WITHIN THE DEPONENT’S KNOWLEDGE AND IS TRUE. WHERE THE INFORMATION IS BASED ON ADVICE OR INFORMATION AND BELIEF, THIS IS STATED.

1. I am the (applicant or respondent) in this application.

2. I am interested in the estate because .

3. The facts on which this application is (based or opposed) are

3.1 .

3.2 .

SWORN OR AFFIRMED BY THE DEPONENT BEFORE A COMMISSIONER FOR OATHS AT , ALBERTA ON , 20 .



136 May, 2020

C 2.1

COURT FILE NUMBER COURT Court of Queen’s Bench of Alberta (Surrogate Matter) JUDICIAL CENTRE ESTATE NAME DOCUMENT Reply to Application for (state matter)

RESPONDENT ADDRESS FOR SERVICE AND CONTACT INFORMATION OF PARTY FILING THIS DOCUMENT

Respondent

1. The Respondent is interested in the estate and this application because the Respondent is .

Response to the Application

2. The Respondent agrees with the following orders asked for by the Applicant: .

3. The Respondent disagrees with the following orders asked for by the Applicant: .

Relief sought and grounds for request

4.

Documents filed with this Reply

5. 5.1 C 2 Affidavit of the Respondent

5.2

Lawyer for Respondent Responsible lawyer: Firm name: Complete address: Phone: Fax: File no.:


137 May, 2020

C 2.2 COURT FILE NUMBER


JUDICIAL CENTRE

ESTATE NAME

DOCUMENT Demand for Notice in Respect of Application for

RESPONDENT ADDRESS FOR SERVICE AND CONTACT INFORMATION OF PARTY FILING THIS DOCUMENT

1. The Respondent is interested in this estate and the application referred to above because the Respondent is .

2. The Respondent demands notice of any application or proceeding in relation to the application referred to above.

Lawyer for Respondent Responsible lawyer: Firm name: Complete address: Phone: Fax: File no.:

C 3 COURT FILE NUMBER


JUDICIAL CENTRE

ESTATE NAME



138 May, 2020

Caveat

NOTHING CAN BE DONE IN THIS ESTATE WITHOUT NOTICE TO THE CAVEATOR(S) OR TO THE LAWYER FOR THE CAVEATOR(S)

Caveator(s)

1. The caveator(s) name(s) and address(es) and occupation(s) are .

2. The caveator(s) are interested in this estate and are entitled to file a caveat because they are .

Grounds for filing this caveat

3. The grounds on which the caveator(s) have filed this caveat are .

The caveator(s) swear under oath or affirm that:

1. The statements in this caveat are within their knowledge and are true;

2. This caveat is not filed for the purpose of delaying or embarrassing any person interested in the deceased’s estate.

SWORN OR AFFIRMED BY EACH CAVEATOR BEFORE A COMMISSIONER FOR OATHS AT , ALBERTA ON

Caveator A Commissioner for Oaths in and for Alberta

The information in the box is completed by the clerk at the time the document is filed and before it is served.

THIS CAVEAT EXPIRES ON

Clerk of the Court

C 3.1

COURT FILE NUMBER COURT Court of Queen’s Bench of Alberta (Surrogate Matter)

JUDICIAL CENTRE ESTATE NAME


139 May, 2020


Withdrawal of Caveat

Caveator(s)


2. The caveator(s) acknowledge that they have no further interest under the caveat dated .

3. The caveator(s) withdraw the caveat.

CAVEAT SIGNED BY

Caveator Witness

Name: Name: (attach affidavit of execution)

ENTERED AT , ALBERTA, ON .

CLERK OF THE COURT

C 3.2

COURT FILE NUMBER COURT Court of Queen’s Bench of Alberta (Surrogate Matter)

JUDICIAL CENTRE ESTATE NAME

Discharge of Caveat

Caveator(s)


2. The caveat is discharged.

3. The reason(s) for the discharge is: .


140 May, 2020


ENTERED AT , ALBERTA, ON .

CLERK OF THE COURT

C 4



Warning to Caveator(s)

To:

YOU FILED A CAVEAT WHICH REQUIRES THAT NOTICE MUST BE GIVEN TO YOU OF ANY APPLICATION WHICH MIGHT BE MADE IN THIS ESTATE.

THE FOLLOWING APPLICATION HAS BEEN MADE:

Nature of application Grant of

Date of will

Applicant(s) name(s)

BE WARNED:

If you want to contest this application, you must file a notice of objection to an informal grant on the enclosed Form called “Notice of objection to informal grant”.

You must state:

1. That you object to this application; and

2. The nature of your objection.

THERE IS A DEADLINE FOR FILING YOUR NOTICE OF OBJECTION.


141 May, 2020

If you do not file your notice of objection by the deadline, the court will:

3. Deal with the application for an informal grant without any further notice to you; and

4. Assume that you consent to the application.

Your notice of objection must be filed within 10 days of the date of service with the Clerk of the Court

Lawyer(s) for the Personal Date Representative(s) or Personal Representative

C 5

COURT FILE NUMBER COURT Court of Queen’s Bench of Alberta (Surrogate Matter) JUDICIAL CENTRE ESTATE NAME PROCEDURE Formal proof of will DOCUMENT Application by personal representative(s)


1. The personal representative(s) named in a will of the deceased dated request that:

1.1 This court formally admits this will to probate as the valid last will of the deceased.

1.2 This court issues a grant of probate of this will to the personal representatives named in the will.

2. The personal representative(s) make this request because the validity of the will is in issue.

3. The validity of the will has been attacked on the ground that .

4. Complete address for service on the personal representative(s) of any documents in this application is .


142 May, 2020

Notices required

5. The following notices are required:

5.1 To all the beneficiaries of the estate in this will.

5.2 To all the beneficiaries of the estate in previous wills.

5.3 To the spouse/adult interdependent partner of the deceased.

5.4 To the adult children of the deceased.

5.5 To the Public Trustee for the Province of Alberta.

5.6 To the beneficiaries (intestacy).

5.7 To the personal representative(s) named in previous wills.

5.8 To a former spouse of the deceased under section 6 of the Family Property Act.

5.81 To a former adult interdependent partner of the deceased under section 6.1 of the Family Property Act.

5.9 To the spouse or adult interdependent partner of the deceased under section 11 of the Family Property Act.

5.10 To the spouse/adult interdependent partner of the deceased under section 88 of the Wills and Succession Act.

5.11 To a dependent child or dependent minor grandchild or great-grandchild of the deceased under section 88 of the Wills and Succession Act.

6. Notices are sent to:

7. Surrogate Rule(s) under which this application is being made:

7.1 Rule 77(1)(a).

7.2 Any other Surrogate Rule(s) the applicant specifically relies on (specify): ___________________________.

Applicable statutes

8. Any statutory authority the applicant specifically relies on (specify statute(s) and section number(s)): _________________________.

Personal Representative Date Name:


143 May, 2020

C 6

COURT FILE NUMBER COURT Court of Queen’s Bench of Alberta (Surrogate Matter) JUDICIAL CENTRE ESTATE NAME PROCEDURE Formal proof of will DOCUMENT Affidavit by personal representative(s) DEPONENT(S) NAME(S) ADDRESS FOR SERVICE AND CONTACT INFORMATION OF PARTY FILING THIS DOCUMENT

THE DEPONENT(S) EACH SWEAR UNDER OATH OR AFFIRM THAT THE INFORMATION IN THIS AFFIDAVIT AND IN THE ATTACHED SCHEDULES IS WITHIN THE DEPONENT’S KNOWLEDGE AND IS TRUE. WHERE THE INFORMATION IS BASED ON ADVICE OR INFORMATION AND BELIEF, THIS IS STATED.

Applicant(s)

1. The applicant(s) as shown in the Application are the personal representatives named in a will of the deceased dated .

Formal proof of will proceedings

2. It is alleged that the will dated is invalid because .

Schedules Attached

3. The following schedules are part of this affidavit or have been previously filed with the court. They are correct to the deponents’ information and belief.



3.3 C 7 Schedule 2.1 Previous wills





144 May, 2020

3.7 NC 20.1 Schedule 6 Notice of void gift

Documents Attached

4. The following documents are part of this affidavit or have been previously filed with the court.

4.1 Original will(s) of the deceased dated

4.2 NC 8 Affidavit(s) of witness to will(s)


Notices







5.6 NC 24 Notice to a dependent child (or minor grandchild or great-grandchild) of deceased Family Maintenance and Support

6. The deponent(s) believe that while the deceased was alive, the deceased kept the will dated in where it was found at the date of death.

7. After the deceased’s death, the applicant(s) obtained the will from and kept it in their or their lawyer’s possession until filed with the court.

8. If this will is formally admitted to probate, the applicant(s) will faithfully administer the estate of the deceased according to law and will give a true accounting of their administration to the persons entitled to it when lawfully required.



145 May, 2020


C 7

ESTATE NAME

DOCUMENT Schedule 2.1: Previous wills

The personal representatives have knowledge about the following wills of the deceased:

(For each will, provide the following information:)

Will dated:

Deceased’s age at date of will:

Location of will at date of death: Name of first witness:

Name of second witness:

(Complete if the will was made before February 1, 2012:)

The deceased married or entered into an adult interdependent partner agreement after the date the will was made and before February 1, 2012.

□ Yes

□ No

The original will is attached to this Schedule.

C 8

COURT FILE NUMBER COURT Court of Queen’s Bench of Alberta (Surrogate Matter) JUDICIAL CENTRE ESTATE NAME PROCEDURE Formal proof of will DOCUMENT Notice to persons interested in the estate


146 May, 2020


To: Name Complete address

THIS APPLICATION WILL BE HEARD BY A JUSTICE OF THE COURT OF QUEEN’S BENCH OF ALBERTA, JUDICIAL CENTRE OF

ON

PLACE

TIME

NOTICE TO THE RESPONDENT(S)

This is to notify you that if you do not attend either in person or by your lawyer before the court at the time and place shown above, the court may give the applicant(s) what they want in your absence. You will be bound by any order the court makes.

Alternatively, another order might be given or other proceedings taken, which the applicant(s) are entitled to without any further notice of them to you.


1. The personal representatives named in the deceased’s will, dated , have applied for formal proof of that will. This is necessary because the validity of the will has been attacked on the grounds that .

2. If the court finds this will to be valid, then the court will admit the will to probate and the will’s provisions will govern the disposition of the estate property that is dealt with in the will.

3. If the court finds this will to be invalid, then the court will consider

3.1 whether any previous wills of the deceased are valid and govern the disposition of the estate property, or

3.2 whether the deceased died intestate, that is, without a will. In that case, the provisions of Part 3 of the Wills and Succession Act will determine who will receive the estate property.

4. You are a person interested in the estate as defined in the Surrogate Rules because you are .


147 May, 2020

5. Enclosed with this notice is a copy of the application for formal proof of the will of the deceased. This includes copies of the will(s) and a schedule of the inventory of the estate property.

6. The court process to be followed is in accordance with Surrogate Rules 83 and 84.

7. You can contact at , phone , for any further information you may need.


C 9

COURT FILE NUMBER COURT Court of Queen’s Bench of Alberta (Surrogate Matter) JUDICIAL CENTRE ESTATE NAME PROCEDURE Formal proof of will DOCUMENT Notice of objection to informal grant ADDRESS FOR SERVICE AND CONTACT INFORMATION OF PARTY FILING THIS DOCUMENT (Fill in your name and the other information)

Objector’s name Complete address Relationship to deceased Interest in estate

1. I object to any application by that

2. I request an interim order that .

3. In the proceedings, I will seek a final order that .

4. My reason for this request is .

5. This notice of objection is sent to .


148 May, 2020

Objector Date

This notice of objection requires an affidavit to establish the facts relied on by the objector. Use Form C 2.

Form C 9.1 Repealed AR 37/2020 s13.

C 10

COURT FILE NUMBER COURT Court of Queen’s Bench of Alberta (Surrogate Matter) JUDICIAL CENTRE ESTATE NAME PROCEDURE Formal proof of will DOCUMENT Direction

1. The application by the personal representative(s) to admit a will of the deceased dated to probate on an informal basis is denied because .

2. The personal representative(s) named in this will must take proceedings formally to prove the deceased’s will in accordance with the Surrogate Rules.


This Form is for the use of the court only.

C 11

COURT FILE NUMBER COURT Court of Queen’s Bench of Alberta (Surrogate Matter) JUDICIAL CENTRE ESTATE NAME PROCEDURE Deciding contested claims


149 May, 2020

DOCUMENT Notice of contestation ADDRESS FOR SERVICE AND CONTACT INFORMATION OF PARTY FILING THIS DOCUMENT

To:

Name and address of claimant:

1. You have made a claim against the estate of for:

1.1

1.2 $

2. The personal representative(s) of the estate contest your claim against the estate

and will not pay it unless ordered to by the court.

3. You may apply to the court for a decision on your claim by filing a notice of claim in Form C 12 of the Surrogate Rules.

4. You must do this within 2 months after you receive this notice. If you fail to act, your claim may be barred forever.

5. Sections 25 and 26 of the Estate Administration Act apply to this proceeding.

6. A copy of the relevant Surrogate Rules is enclosed.


C 12

COURT FILE NUMBER COURT Court of Queen’s Bench of Alberta (Surrogate Matter) JUDICIAL CENTRE ESTATE NAME PROCEDURE Deciding contested claims DOCUMENT Notice of claim and affidavit PARTIES APPLICANT(S)


150 May, 2020

RESPONDENT(S) , the personal representative(s) of the estate ADDRESS FOR SERVICE AND CONTACT INFORMATION OF PARTY FILING THIS DOCUMENT

THIS APPLICATION WILL BE HEARD BY A JUSTICE OF THE COURT OF QUEEN’S BENCH OF ALBERTA, JUDICIAL CENTRE OF ON PLACE TIME NOTICE TO THE RESPONDENT(S) This is to notify you that if you do not attend either in person or by your lawyer before the court at the time and place shown above, the court may give the applicant(s) what they want in your absence. You will be bound by any order the court makes.

Alternatively, another order might be given or other proceedings taken which the applicant(s) are entitled to without any further notice of them to you. Therefore, if you want to take part in this application, you or your lawyer must attend in court on the date and time described.

Claimant(s)

1. The name(s) and address(es) of the claimant(s) are

Amount of claim(s)

2. $ .

Nature of claim(s)

3. .

Grounds upon which claim(s) are based

4.

Relief sought

5. .

Documents filed with this application

6. 6.1 Affidavit of the claimant(s).


151 May, 2020

6.2 .


7. 7.1 Surrogate Rule 96(1).

7.2 Any other Surrogate Rule(s) the applicant specifically relies on (specify): ___________________________.

Applicable Statutes

8. Any statutory authority the applicant specifically relies on (specify statute(s) and section number(s)): _________________________.

Claimant Date

AFFIDAVIT

DEPONENT(S) NAME(S) EXHIBITS ATTACHED

THE DEPONENT(S) EACH SWEAR UNDER OATH OR AFFIRM THAT THE FOLLOWING INFORMATION IS WITHIN THE DEPONENTS’ KNOWLEDGE AND IS TRUE. WHERE THE INFORMATION IS BASED ON ADVICE OR INFORMATION AND BELIEF, THIS IS STATED.

Applicant(s)

1. The applicant(s) are claimant(s) of the estate.

Respondents

2. The respondents are the personal representative(s) of the estate.

Facts on which the application is based

3. The facts on which this application is based are

3.1 .



152 May, 2020


C 13


(Surrogate Matter) JUDICIAL CENTRE ESTATE NAME DOCUMENT Order in respect of

PARTIES

APPLICANT(S)

RESPONDENT(S)



LIFE TENANTS





MINORS

MISSING PERSONS

BONDING COMPANIES

PERSON(S) WHO HAVE FILED A FORM C 1 IN RESPECT OF THIS ESTATE

ADDRESS FOR SERVICE AND CONTACT INFORMATION OF PARTY FILING THIS DOCUMENT:

DATE ON WHICH ORDER WAS MADE:

LOCATION OF HEARING:


153 May, 2020

NAME OF JUDGE WHO MADE THIS ORDER: The Honourable Justice

THE COURT HAS:

Reviewed the affidavit and other documents filed in this application;




1.


C 14


(Surrogate Matter) JUDICIAL CENTRE DOCUMENT Application to authorize minor to make or revoke a will

PARTIES

APPLICANT

(THE MINOR AS REPRESENTED BY A LITIGATION REPRESENTATIVE IN ACCORDANCE WITH THE ALBERTA RULES OF COURT)

RESPONDENT(S):

PARENT(S) OF THE MINOR

GUARDIAN(S) OF THE MINOR (IF DIFFERENT FROM PARENTS)

TRUSTEES FOR THE MINOR, IF ANY

THE PUBLIC TRUSTEE ADDRESS FOR SERVICE AND CONTACT INFORMATION OF PARTY FILING THIS DOCUMENT:


154 May, 2020

THIS APPLICATION WILL BE HEARD BY A JUSTICE OF THE COURT OF QUEEN’S BENCH OF ALBERTA, JUDICIAL CENTRE OF ______________

ON __________

PLACE __________

TIME __________

NOTICE TO THE RESPONDENT(S) __________

This is to notify you that if you do not attend either in person or by your lawyer before the court at the time and place shown above, the court may give the applicant what the applicant wants in your absence. You will be bound by any order the court makes.

Alternatively, another order might be given or other proceedings taken that the applicant(s) are entitled to without any further notice of them to you.


Parties to the Application and service

1. The applicant(s) is (are) .

2. The respondent(s) is (are) .

3. The applicant will serve the following parties: .

4. The applicant will ask the court to dispense with service on the following parties for the reasons set out in the Affidavit filed with this Application: .

Issues to be determined:

5. .

Grounds on which request is based:

6. .

Reasons for seeking relief:

7. .


155 May, 2020

Relief sought:

8. .

Documents filed with this Application:

9.1 Affidavit of the applicant(s)

9.2


10. 10.1 Surrogate Rule 54.1.

10.2 Any other Surrogate Rule(s) the applicant specifically relies on (specify):

Applicable Statutes

11. 11.1 Wills and Succession Act, SA 2010 cW-12.2 s36.

11.2 Any other statutory authority the applicant specifically relies on (specify statute(s) and section number(s)):

Applicant Date

ACC 1

COURT FILE NUMBER COURT Court of Queen’s Bench of Alberta (Surrogate Matter) JUDICIAL CENTRE ESTATE NAME PROCEDURE Application by the personal representative(s) to pass accounts formally DOCUMENT Application PARTIES APPLICANT(S) RESPONDENT(S) BENEFICIARIES (RESIDUARY) LIFE TENANTS BENEFICIARIES (NON RESIDUARY) BENEFICIARIES (INTESTACY)


156 May, 2020

TRUSTEES FOR REPRESENTED ADULTS ATTORNEY(S) FOR INCOMPETENT ADULTS MINORS MISSING PERSONS UNPAID CLAIMANTS BONDING COMPANIES ADDRESS FOR SERVICE AND CONTACT INFORMATION OF PARTY FILING THIS DOCUMENT

1. The applicant(s) request an order:

1.1 Deeming service of all documents on all parties sufficient.

1.2 Determining that the personal representative(s) have fully and satisfactorily accounted to a date to be stated in the order.

1.3 Passing the accounts.

1.4 Setting the compensation for the personal representative(s) for the accounting period.

1.5 Directing distribution of the estate.

1.6 Cancelling the bond.

1.7 Discharging the personal representative(s).

1.8 Allowing and directing payment of costs (including disbursements and G.S.T.) of this application to be paid from the estate.

1.9 Providing for any other matters that might be required.

2. Filed with this application are:

2.1 ACC 2 Affidavit of the personal representative(s)

2.2 Financial statements

3. Costs proposal:

3.1 Costs of the personal representative(s) to be paid by .

4. Surrogate Rule(s) under which this application is being made:


157 May, 2020

4.1 Rule 107(1)(a).


Applicable Statutes

5. 5.1 Estate Administration Act, section 32.

5.2 Any other statutory authority the applicant specifically relies on (specify statute(s) and section number(s)): .

Applicant Date

NOTICE OF HEARING: THIS APPLICATION WILL BE HEARD BY A JUSTICE OF THE COURT OF QUEEN’S BENCH OF ALBERTA, JUDICIAL CENTRE OF :

ON PLACE TIME

Please read the enclosed documents carefully so that you can understand what the application is about.

If you consent to or do not oppose the application, you may:

1. Tick the last box on the notice of objection. Sign and return the notice of objection to the trustee(s); or

2. Do nothing further; or

3. Attend at the hearing and indicate your position to the court.

If you oppose any part of the application, you must:

1. Complete and file the enclosed notice of objection with the court described above 10 days or more before the hearing, that is by ; and

2. Serve a filed copy of the notice of objection on the applicant(s). Their address for service is on this application; and

3. Come to the hearing and tell the justice what part of the accounting you object to and why.

If you oppose any part of this application but you do not file and serve your notice of objection:


158 May, 2020

1. You will not be allowed to take part in the proceedings unless the justice specifically agrees to let you; and

2. The hearing will still take place even if you are not allowed to take part in the proceedings; and you will be bound by the justice’s order.

In any event, the justice will make an order and a copy of the order will be sent to you later.

ACC 2

COURT FILE NUMBER COURT Court of Queen’s Bench of Alberta (Surrogate Matter) JUDICIAL CENTRE ESTATE NAME PROCEDURE Application by the personal representative(s) to pass accounts formally DOCUMENT Affidavit DEPONENT(S) NAME(S) DOCUMENTS ATTACHED Financial statements ADDRESS FOR SERVICE AND CONTACT INFORMATION OF PARTY FILING THIS DOCUMENT

THE DEPONENT(S) SWEAR UNDER OATH OR AFFIRM THAT THE FOLLOWING INFORMATION IS WITHIN THE DEPONENTS’ KNOWLEDGE AND IS TRUE. WHERE THE INFORMATION IS BASED ON ADVICE OR INFORMATION AND BELIEF, THIS IS STATED.

Applicant(s)

1. The applicant(s) are the personal representative(s) of the estate.

Respondents

2. The respondents are all the persons interested in the estate as defined in the Surrogate Rules.

Releases

3. The following persons are residuary beneficiaries of the estate and have signed releases indicating their approval of the financial statements, the schedule of compensation for the personal representative(s) and the schedule of distribution:

Release #1: (Name)


159 May, 2020

Release #2: (Name)

4. The other respondent residuary beneficiaries, who have all received releases but have not signed them nor communicated with the applicant(s) about the financial statements, the schedule of compensation for the personal representative(s) and the schedule of distribution, are .

4.1 The applicant(s) do not know what position these respondents take. or

4.2 The position of respondent is attached or is as follows: _ .

Service of documents

5. Copies of the financial statements, the schedule of compensation for the personal representative(s) and the schedule of distribution have been given or mailed to all the respondents either at their last known addresses or in care of their lawyers of record.

6. The respondents will be served in the manner prescribed in the Surrogate Rules with:

6.1 ACC 1 Application, including notice of hearing


6.3 ACC 3 Notice of objection

Financial statements

7. The financial statements:

7.1 Are an accurate statement of the administration of the estate.

7.2 Show all the property and debts of the deceased that the personal representative(s) have been able to ascertain.

7.3 Show all the property received and debts and claims paid by the personal representative(s).

7.4 Are for the period to .

7.5 Are accounting.

Claimants

8. Claimants and amounts not yet paid are:

8.1 .

Advertising for creditors and claimants

9.


160 May, 2020

Distribution

10. No distribution of the deceased’s property has been made except as is reflected in the financial statements.

11. Once the court approves the financial statements, the personal representative(s) undertake to distribute the estate property as set out in the schedule of distribution.

Special matters

12. .

Compensation

13. Compensation for the personal representative(s) is based on:

14. .



ACC 3

COURT FILE NUMBER COURT Court of Queen’s Bench of Alberta (Surrogate Matter) JUDICIAL CENTRE ESTATE NAME PROCEDURE Application by DOCUMENT Notice of Objection or Consent ADDRESS FOR SERVICE AND CONTACT INFORMATION OF PARTY FILING THIS DOCUMENT

Name of respondent beneficiary

I OBJECT TO THE FOLLOWING PART(S) OF THIS APPLICATION:

(Tick the boxes against items where you object; otherwise leave the boxes blank. Describe the item you object to and give your reasons.)


161 May, 2020

□ Financial statements

Item number(s) Description

Reason(s) for objection

□ Distribution schedule

Description


□ Compensation schedule

Description


□ Manner of administration

Description


OTHERWISE I CONSENT TO THIS APPLICATION.

□ No objection

I have no objections to the financial statements for the period to .

Respondent beneficiary Date

ACC 4



162 May, 2020

PROCEDURE Application by the personal representative(s) to pass accounts formally DOCUMENT Terms of professional accounting firm’s

engagement ADDRESS FOR SERVICE AND CONTACT INFORMATION OF PARTY FILING THIS DOCUMENT

DIRECTION

1. The professional accounting firm is engaged to provide the following services with regard to the financial statements for the estate of for the period to :

a.□ to perform a compilation engagement of the financial statements.

b.□ to perform a review engagement of the financial statements.

c.□ to perform a review engagement of the financial statements with a disclosure of the review engagement procedures applied in arriving at the overall negative assurance opinion, with regard to specific items ... in the financial statements.

d.□ to carry out specified auditing procedures with regard to items in the financial statements or financial information.

e.□ to perform an audit of the financial statements.

2. All accounting documentation must be made available to the professional accounting firm.

3. The professional accounting firm’s fee and necessary disbursements are payable by .

4. The professional accounting firm will report its results to the Court of Queen’s Bench and the persons interested in the estate by .

4.1. When the professional accounting firm has completed its review as directed, it will report the results, including all exceptions, irregularities, and other pertinent comments, to the Court of Queen’s Bench and the persons interested in the estate by .

5. In particular, the professional accounting firm is directed to review items numbered __________ from the estate financial statements and to:

5.1


163 May, 2020

The professional accounting firm, (name) , accepts the terms of this engagement.

Signature Date Name: Name of professional accounting firm: Complete address: Phone: Fax: File no.:

ORDER: ISSUE THIS DIRECTION


ACC 5.1

COURT FILE NUMBER COURT Court of Queen’s Bench of Alberta (Surrogate Matter) JUDICIAL CENTRE ESTATE NAME PROCEDURE Application by the personal representative(s)

to pass accounts formally DOCUMENT Professional accounting firm’s engagement report ADDRESS FOR SERVICE AND CONTACT INFORMATION OF PARTY FILING THIS DOCUMENT

To the Court of Queen’s Bench of Alberta:

1. This report is prepared solely for submission to the Court of Queen’s Bench of Alberta, the personal representative(s), and the persons interested in the estate as identified by the court.

2. I have reviewed the financial statements for the estate of for the period to , as ordered by the Court of Queen’s Bench on .


164 May, 2020

3. These financial statements were prepared by the personal representative(s) and provided to the court and to me.

4. My responsibility was to express an opinion on the plausibility of the financial statements based on my review. This review was made in accordance with generally accepted standards for review engagements and accordingly consisted primarily of enquiry, analytical procedures and discussion related to information supplied to me by the personal representative(s).

5. A review does not constitute an audit and consequently I do not express an audit opinion on these financial statements.

6. Based on my review, nothing has come to my attention that causes me to believe that these financial statements are not, in all material respects, in accordance with generally accepted accounting principles.

7.

Signature Date Name: Name of professional accounting firm:

ACC 5.2


(Surrogate Matter) JUDICIAL CENTRE ESTATE NAME PROCEDURE Application by the personal representative(s)

to pass accounts formally DOCUMENT Professional accounting firm’s engagement report ADDRESS FOR SERVICE AND CONTACT INFORMATION OF PARTY FILING THIS DOCUMENT

To the Court of Queen’s Bench of Alberta:

1. This report is prepared solely for submission to the Court of Queen’s Bench of Alberta, the personal representative(s), and the persons interested in the estate as identified by the court.


165 May, 2020

2. I have received the financial statements for the estate of for the period to , as ordered by the Court of Queen’s Bench on .

3. These financial statements were prepared by the personal representative(s) and provided to the court and to me.

4. The court directed me to conduct specified auditing procedures on items numbered in the financial statements. My responsibility was to report on the results of applying these procedures, including any errors I found.

5. I adopted the following procedures for the review:

.

6. I report as follows:

.

7. These procedures do not constitute an audit and consequently I do not express an audit opinion on these financial statements.

Signature Date Name: Name of professional accounting firm:

ACC 6


(Surrogate Matter) JUDICIAL CENTRE ESTATE NAME PROCEDURE Application by a person interested in the estate that accounts be passed formally DOCUMENT Application PARTIES APPLICANT(S) RESPONDENT(S) PERSONAL REPRESENTATIVE(S) BENEFICIARIES (RESIDUARY) LIFE TENANTS


166 May, 2020

BENEFICIARIES (NON RESIDUARY) BENEFICIARIES (INTESTACY) TRUSTEES FOR REPRESENTED ADULTS ATTORNEYS APPOINTED UNDER THE POWERS OF ATTORNEY ACT FOR INCOMPETENT ADULTS MINORS MISSING PERSONS UNPAID CLAIMANTS BONDING COMPANIES ADDRESS FOR SERVICE AND CONTACT INFORMATION OF PARTY FILING THIS DOCUMENT


1.1 Requiring the personal representative(s) to pass accounts formally for the period to in accordance with the Surrogate Rules.

1.2 Deeming service of documents on all parties sufficient.

2. Filed with this application is:

2.1 ACC 7 Affidavit of the applicant(s)

3. Costs proposal:

3.1 Costs of the applicant(s) to be paid by .




Applicable Statutes




167 May, 2020

Applicant Date


ON PLACE TIME

Please read the enclosed documents carefully so that you can understand what the application is about.

You will soon be receiving a reply from the personal representative(s) of the estate. The reply will tell you what position the personal representative(s) are taking about this application.

1. The personal representative(s) may consent to the application and apply for a formal passing of accounts.

In this case:

1.1 The court hearing shown above will be adjourned.

1.2 You will receive copies of the financial statements from the personal representative(s). If you need more information, you should ask the personal representative(s) for it.

1.3 You will also receive a notice of objection. This will tell you your choices of what you can do depending on whether you accept or reject the financial statements.

1.4 If the financial statements are satisfactory, tick the last box on the notice of objection. Sign and return the notice of objection to the trustee(s) with a copy to the applicant(s).

1.5 If the financial statements are not satisfactory, tick the appropriate boxes on the notice of objection. Sign and return the notice of objection to the trustee(s) with a copy to the applicant(s).

1.6 If all parties are satisfied with the financial statements, there will not be a court hearing.

2. The personal representative(s) may object to the application and refuse to apply for a formal passing of accounts.

In this case:


168 May, 2020

2.1 The court hearing shown above will take place.

2.2 You will receive an affidavit from the personal representative(s) before the hearing that will tell you why they object to the application and refuse to apply for a formal passing of accounts.

3. Your position at the court hearing shown above.

3.1 If you also object to the application that accounts be passed formally, you or your lawyer should come to the hearing and tell the justice your position and reasons.

3.2 If you support the application that accounts be passed formally, or you have no position, you or your lawyer should come to the hearing and tell the justice your position and reasons. Or you can tell the applicant(s) directly and they will tell the justice what your position is.

3.3 At the end of the hearing, the justice will make an order and you will receive a copy of it later. You will be bound by the justice’s order.

4. If you receive no reply from the personal representative(s), the court hearing shown above will take place.

ACC 7

COURT FILE NUMBER COURT Court of Queen’s Bench of Alberta (Surrogate Matter) JUDICIAL CENTRE ESTATE NAME PROCEDURE Application by a person

interested in the estate that accounts be passed formally

DOCUMENT Affidavit DEPONENT(S) NAMES(S)

THE DEPONENT(S) EACH SWEAR UNDER OATH OR AFFIRM THAT THE FOLLOWING INFORMATION IS WITHIN THE DEPONENT’S KNOWLEDGE AND IS TRUE. WHERE THE INFORMATION IS BASED ON ADVICE OR INFORMATION AND BELIEF, THIS IS STATED.

Applicant(s)

1. The applicant(s) are all persons interested in the estate as defined in the Surrogate Rules.


169 May, 2020

Respondents

2. The respondents are all the persons interested in the estate as defined in the Surrogate Rules.



3.1 ACC 6 Application including notice of hearing

3.2 ACC 7 Affidavit of the applicant(s)

Grounds for application

4. The applicant(s) request that accounts for the period to be passed formally because .



ACC 8


(Surrogate Matter) JUDICIAL CENTRE ESTATE NAME PROCEDURE Application by a person interested in the

estate that accounts be passed formally DOCUMENT Reply by the personal representative(s) PARTIES APPLICANT(S) RESPONDENT(S) PERSONAL REPRESENTATIVES BENEFICIARIES (RESIDUARY) LIFE TENANTS BENEFICIARIES (NON RESIDUARY)


170 May, 2020

BENEFICIARIES (INTESTACY) TRUSTEES FOR REPRESENTED ADULTS ATTORNEYS APPOINTED UNDER THE POWERS OF ATTORNEY ACT FOR INCOMPETENT ADULTS MINORS MISSING PERSONS UNPAID CLAIMANTS BONDING COMPANIES COMPLETE ADDRESS FOR SERVICE ON THE PERSONAL REPRESENTATIVE(S) OF ANY DOCUMENTS IN THIS ACTION

1. This reply is in answer to the application by a person interested in the estate that accounts be passed formally.

2. The personal representative(s) consent to the application and will apply for a formal passing of accounts for the period to in accordance with the Surrogate Rules if there are any objections to the financial statements.

or

2. The personal representative(s) object to the application and they will not apply for a formal passing of accounts.

3. Filed with this reply is:


4. Costs proposal:

4.1 The costs of the personal representative(s) to be paid by .


Lawyers for Personal Representative(s) Responsible lawyer:


171 May, 2020

Firm name: Complete address: Phone: Fax: File no.:

ACC 9


(Surrogate Matter) JUDICIAL CENTRE ESTATE NAME PROCEDURE Application by a person interested in the estate that accounts be passed formally DOCUMENT Affidavit of the personal representative(s) objecting to passing accounts formally DEPONENT(S) NAME(S) EXHIBITS ATTACHED


Deponent(s)

1. The deponent(s) are the personal representative(s) of the estate.

Reasons for objecting to making a formal accounting

2. The personal representative(s) object to the application that accounts be passed formally because .




172 May, 2020

ACC 10

COURT FILE NUMBER COURT Court of Queen’s Bench of Alberta (Surrogate Matter) JUDICIAL CENTRE ESTATE NAME PROCEDURE Application by the personal

representative(s) to dispense with a formal passing of accounts and to pass accounts informally

DOCUMENT Application PARTIES APPLICANT(S) RESPONDENT(S) BENEFICIARIES (RESIDUARY) LIFE TENANTS BENEFICIARIES (NON RESIDUARY) BENEFICIARIES (INTESTACY) TRUSTEES FOR REPRESENTED ADULTS ATTORNEYS FOR INCOMPETENT ADULTS MINORS MISSING PERSONS UNPAID CLAIMANTS BONDING COMPANIES COMPLETE ADDRESS FOR SERVICE ON THE APPLICANT(S) OF ANY DOCUMENTS IN THIS ACTION


1.1 Deeming service of all documents on all parties sufficient.


173 May, 2020

1.2 Dispensing with a formal passing of accounts for the period to .

1.3 Determining that the personal representative(s) have fully and satisfactorily accounted to a date to be stated in the order.

1.4 Setting the compensation for the personal representative(s) for the accounting period.

1.5 Directing distribution of the estate.

1.6 Discharging the personal representative(s).

1.7 Allowing and directing payment of costs (including disbursements and G.S.T.) of this application to be paid from the residue of the estate.

1.8 Cancelling the bond.

1.9 Providing for any other matters which might be required.

2. Filed with this application are:


2.2 Financial statements

2.3 ACC 12 Signed releases

3. Cost proposal:

3.1 Personal representative(s) costs to be paid from the residue of the estate on a solicitor/client basis.

3.2 Respondent(s) costs to be paid as ordered by the court.




Applicable Statutes





174 May, 2020

Lawyers for Personal Representative(s) Responsible lawyer: Firm name: Complete address: Phone: Fax: File no.:


ON PLACE TIME

Please read the enclosed application and affidavit carefully so that you can understand what the application is about.

If you consent to or do not oppose the application, you may:

1. Tick the last box on the notice of objection. Sign and return the notice of objection to the trustee(s); or

2. Do nothing further; or

3. Attend at the hearing and indicate your position to the court.

If you oppose any part of the application, you must:

1. Complete and file the enclosed notice of objection with the court described above 10 days or more before the hearing, that is by ; and

2. Serve a filed copy of the notice of objection on the applicant. The applicant’s address for service appears on the application form; and

3. Come to the hearing and tell the justice what part of the accounting you object to and why.

If you oppose any part of the application but you do not file and serve the notice of objection:

1. You will not be allowed to take part in the proceedings unless the justice specifically agrees to let you; and


175 May, 2020

2. The hearing will take place anyway even if you are not allowed to take part in the proceedings; and you will be bound by the justice’s order.

In any event, the justice will make an order and a copy of the order will be sent to you later.

ACC 11

COURT FILE NUMBER COURT Court of Queen’s Bench of Alberta (Surrogate Matter) JUDICIAL CENTRE ESTATE NAME PROCEDURE Application by the personal

representative(s) to dispense with a formal passing of accounts and to pass accounts informally

DOCUMENT Affidavit DEPONENT(S) NAME(S) DOCUMENTS ATTACHED Financial statements


Applicants

1. The applicant(s) are the personal representative(s) of the estate.

Respondents

2. The respondents are all the persons interested in the estate as defined in the Surrogate Rules who have not signed releases.

Releases

3. The following persons who are residuary beneficiaries of the estate have signed releases indicating their approval of the financial statements, the schedule of compensation for the personal representative(s) and the schedule of distribution:

Release #1: (Name) Release #2: (Name)


176 May, 2020

4. The other respondent residuary beneficiaries, who have all received releases but have not signed them nor communicated with the applicant(s) about the financial statements, the schedule of compensation for the personal representative(s) and the schedule of distribution, are .

4.1 The applicant(s) do not know what position these respondents take. or

4.2 The position of respondent is attached or is as follows:

.


5. Copies of the financial statements, the schedule of compensation for the personal representative(s) and the schedule of distribution have been mailed to all the persons interested in the estate either at their last known addresses or in care of their lawyers of record.


6.1 ACC 10 Application, including notice of hearing


6.3 ACC 3 Notice of objection

Financial statements

7. The financial statements:

7.1 Are an accurate statement of the administration of the estate.

7.2 Show all the property and debts of the deceased that the personal representative(s) have been able to ascertain.

7.3 Show all the property received and debts and claims paid by the personal representative(s).

7.4 Are for the period to .

7.5 Are accounting.

Claimants

8. Claimants and amounts not yet paid are:

8.1 .


177 May, 2020

Advertising for creditors and claimants

9. .

Distribution

10. No distribution of the deceased’s property has been made except as is reflected in the financial statements.

11. Once the court approves the financial statements, the personal representative(s) undertake to distribute the estate property as set out in the schedule of distribution.

Compensation

12. Compensation for the personal representative(s) is based on :

13. .

Reasons for application

14. The applicant(s) are applying for this order because .

Special matters

15. .



ACC 12

COURT FILE NUMBER COURT Court of Queen’s Bench of Alberta (Surrogate Matter) JUDICIAL CENTRE ESTATE NAME DOCUMENT Release # __________________ PERIOD COVERED to


178 May, 2020


This release has been signed by

of

who is a person beneficially interested in the residue of the estate.

1. I have received from the personal representative(s) of the estate financial statements covering the period to .

2. I approve the financial statements including the schedule of distribution and the schedule of compensation for the personal representative(s).

3. I understand that I will receive my share of the estate property as shown on the schedule of distribution, once the personal representative(s) have received releases from all the necessary beneficiaries.

4. If all the necessary beneficiaries do not sign a release, I understand that the personal representative(s) will apply for a court order approving the financial statements or dispensing with the need to pass accounts formally. The personal representative(s) will then distribute the estate property according to the order.

5. Until the financial statements have been approved by all concerned or by the court, my release will be held in trust.

6. In signing this release, I release and discharge the personal representative(s), their heirs, successors, personal representatives and assigns from any further claims by me against the estate and its property and against the personal representative(s) for their management and distribution of the estate to the date of this release.

7. This is release.

Signature of Beneficiary Date

Witness to signature of


ACC 13


(Surrogate Matter) JUDICIAL CENTRE


179 May, 2020

ESTATE NAME DOCUMENT Order in respect of (matter)

PARTIES

APPLICANT(S)

RESPONDENT(S)



LIFE TENANTS





MINORS

MISSING PERSONS

UNPAID CLAIMANTS

BONDING COMPANIES

PERSON(S) WHO HAVE FILED A FORM C 1 IN RESPECT OF THIS ESTATE:

ADDRESS FOR SERVICE AND CONTACT INFORMATION OF PARTY FILING THIS DOCUMENT:

DATE ON WHICH ORDER WAS MADE:

LOCATION OF HEARING:

NAME OF JUDGE WHO MADE THIS ORDER: The Honourable Justice

THE COURT HAS:

Reviewed the affidavit and other documents filed in this application;



180 May, 2020



1.


NGA 1

Personal Representative’s Notice to Beneficiary (section 10(1)(a) of the Estate Administration Act)

Notice regarding the estate of (name of deceased) , deceased, who resided in or near (closest city or town) and died on (date) at or near (closest city or town) .

Instruction to Personal Representative: If the beneficiary was a minor on the date of the deceased’s death, or is a missing person, represented adult, or adult represented by an attorney under an enduring power of attorney, include this notice with the Notice to Attorney, Trustee, Guardian, or Public Trustee (Form NGA 4).

Who is receiving this notice? 1. This notice is given to:

Name: Complete address:

Who is giving this notice? 2. This notice is given to you by (name of personal representative) , who is named as a

personal representative of the deceased’s estate in a document dated (date) , which the personal representative believes to be the deceased’s last will.

If you believe this document is not the deceased’s last will you or your lawyer may take steps to require the personal representative to prove in court that it is the deceased’s last will.

Why are you receiving this notice? 3. The personal representative believes you are a beneficiary of the deceased’s estate for

one or more of the following reasons (tick all applicable boxes):

☐ The will gives you the following specific gift: (describe gift) .

☐ You are a residuary beneficiary under the will (copy attached). It gives you some or all of the property remaining in the deceased’s estate after payment of debts and other claims against the estate, and after distribution of any specific gifts.


181 May, 2020

☐ You are a beneficiary on a partial intestacy. The will does not dispose of all the deceased’s property and you may be entitled to some or all of the deceased’s undistributed property under section of the Wills and Succession Act or section of the Intestate Succession Act, RSA 2000 cI-10.

When will the personal representative distribute the deceased’s property to beneficiaries? 4. All gifts to beneficiaries are subject to prior payment of the deceased’s debts and

other claims against the estate. The personal representative must collect the deceased’s property, pay the debts, and complete the administration of the estate. The personal representative can then account to you and distribute any property remaining in the estate after payment of debts, claims and the expenses of administering the estate.

What are the personal representative’s duties and how are they enforced? 5. Alberta’s Estate Administration Act and other laws place duties on the personal

representative, which include communicating regularly with beneficiaries and maintaining proper financial records. If you believe the personal representative is not complying with their duties, try to resolve the matter through discussion with the personal representative. If you are unable to resolve the matter you or your lawyer may apply to the Court, which may provide a remedy if it is satisfied that the personal representative is not complying with their duties.

How can you contact the personal representative? 6. You may contact the personal representative for further information:

☐ Telephone no. _ ☐ e-mail ☐ Mailing address ☐ Other

NGA 2

Personal Representative’s Notice to Family Member (section 10(1)(b) of the Estate Administration Act)


Who is receiving this notice? 1. This notice is given to or on behalf of the following family member of the deceased:

Name: (name of family member) Complete address:

Instruction to Personal Representative: Provide the following additional information if this notice is given to the family member’s attorney, trustee or guardian or to the Public Trustee:

This notice is given to the following on behalf of that family member: ☐ the Public Trustee;


182 May, 2020

☐ the family member’s attorney, trustee or guardian: Name: (name of attorney, trustee or guardian) Complete address:


personal representative of the deceased’s estate in a document dated (date) , which the personal representative believes to be the deceased’s last will.

If you believe this document is not the deceased’s last will, you or your lawyer may take steps to require the personal representative to prove in court that it is the deceased’s last will.

Why are you receiving this notice? 3. The law requires that this notice be given to you because the will does not give you

(or the family member on whose behalf you were given this notice) all the property in the deceased’s estate. You (or the family member) may be entitled to make a claim for maintenance and support from the deceased’s estate because you are (or the family member is)

☐ a spouse or the adult interdependent partner of the deceased,

☐ a child of the deceased who is under the age of 18 years at the time of the deceased’s death,

☐ a child of the deceased who is at least 18 years of age at the time of the deceased’s death and unable to earn a livelihood by reason of mental or physical disability,

☐ a child of the deceased who, at the time of the deceased’s death, is at least 18 but under 22 years of age and unable to withdraw from his or her parents’ charge because he or she is a full-time student as determined in accordance with the Family Law Act and its regulations, or

☐ a grandchild or great-grandchild of the deceased

(a) who is under 18 years of age at the time of the deceased’s death, (b) in respect of whom the deceased, during life, demonstrated a settled intention

to treat as his or her own child, (c) whose primary home, since birth or for at least 2 years immediately before the

grandparent’s death, was with the grandparent, and (d) whose primary financial support, since birth or for at least 2 years immediately

before the grandparent’s death, was provided by the grandparent. Part 5, Division 2 of the Wills and Succession Act* allows a qualified family member to

apply to the Court to receive maintenance and support from the estate. The Court can change the distribution of the estate and give the family member more or all of the estate if the Court decides the circumstances warrant it. If you want to take this further, you should get legal advice immediately.


183 May, 2020

*Note: If the deceased died before February 1, 2012, family members have similar rights to apply for relief under the Dependants Relief Act.


☐ Telephone no. ☐ e-mail ☐ Mailing address ☐ Other

NGA 3

Personal Representative’s Notice to Spouse or Adult Interdependent Partner

(section 10(1)(c) or (c.1) of the Estate Administration Act)


Who is receiving this notice? 1. This notice is given to:

Name: (name of deceased’s spouse or adult interdependent partner) Complete address:


personal representative of the deceased’s estate in a document dated (date) (copy attached), which the personal representative believes to be the deceased’s last will.

If you believe this document is not the deceased’s last will you or your lawyer may take steps to require the personal representative to prove in court that it is the deceased’s last will.

Why are you receiving this notice? 3. The law requires that this notice be given to you because you are (tick the applicable

box)

☐ the spouse of the deceased, or

☐ the adult interdependent partner of the deceased,

and the will does not give you all the property in the estate. You may have a claim under the Family Property Act on the property in the estate. If you want to take this further, you should get legal advice immediately.


☐ Telephone no. ☐ e-mail ☐ Mailing address ☐ Other


184 May, 2020

NGA 4

Personal Representative’s Notice to Attorney, Trustee, Public Trustee or Guardian

(section 10(1)(d) of the Estate Administration Act)


Instruction to Personal Representative: Provide a copy of the Personal Representative’s Notice to Beneficiaries (Form NGA 1), with this notice.

Who is receiving this notice? 1. This notice is given on behalf of the following person who is interested in the estate: Name: (name of person interested in the estate)

This notice is given to the following on behalf of that person:

☐ the Public Trustee, or

☐ the person’s attorney, trustee or guardian: Name: (name of attorney, trustee or guardian) Complete address:

Why are you receiving this notice? 2. The law requires that this notice be given to you because you are (tick all applicable

boxes)

☐ the attorney under an enduring power of attorney for the person interested in the estate,

☐ the trustee for the person interested in the estate,

☐ the guardian of the person interested in the estate, or

☐ the Public Trustee and because the person interested in the estate (tick the applicable box)

☐ was a minor on the date of the deceased’s death, ☐ is a missing person as defined in the Public Trustee Act, or ☐ is a represented adult for whom the Public Trustee is trustee.

What other notice are you receiving? 3. Included with this notice is a Personal Representative’s Notice to Beneficiaries,

which provides further information about the nature of the interest of the person on whose behalf you have been given this notice, information about the personal representative who has given you this notice and information about the estate.

Instruction to Personal Representative: Include the following only if this notice is being given to the Public Trustee because the person interested in the estate is a minor:


185 May, 2020

Who is the minor’s guardian? 4. The name and contact information for the minor’s guardian are:

Guardian’s Name ☐ Telephone no. ☐ e-mail ☐ Mailing address ☐ Other

DA 1 to DA 18 Repealed AR 10/2010 s5. AR130/95 Sched.3;135/96;132/2000;53/2001;110/2001;206/2001;251/2001;

201/2003;107/2004;221/2004;7/2005;110/2006;196/2006;306/2006;209/2007; 306/2009;10/2010;101/2010;165/2010;121/2011;10/2012;44/2015;156/2019;37/2020

Alberta Rules of Court Volume 2 Surrogate Practice Notes

1 February, 2012

Surrogate Practice Notes may be added with future updates.

Alberta Rules of Court Volume 2 Surrogate Rules Index

1 February, 2020

accountant examination of accounts passing accounts, 115–117, Form ACC4,

Form ACC5.1, Form ACC5.2 accounting

dispensing with formal passing, 103, Form ACC10–ACC12

court order, 105 notice, proceeding without, 104 objection, 106, Form ACC3

general documentation, 98 financial statements contents, 98 requirement for accounting, 97

passing accounts applications

by interested person, 108, Form ACC6, Form ACC7

consent, 112 objection, 111, Form ACC9 reply, 109, Form ACC8 withdrawal, 110

by personal representative, 107, Form ACC1–3, Form ACC12

court powers, 113 examination by accountant, 115–117,

Form ACC4, Form ACC5 objection to financial statement, 114,

Form ACC3 releases, 100, ACC12

bond not cancelled, 102 effect of, 101

adult interdependent partner notice of application for grant, NC22,

NC23 personal representative’s notice when

acting without a grant, 9.1(3), Form NGA3

will, formal proof of, Form C5 affidavits

as evidence, 48 bond, dispensing with, 53, Form NC47 claims, 40(2), Form C2 commencing action, 58(b), Form C2 contested claim, 96(1), Form C12 dispensing with bond, 29, Form NC17,

Form NC18 foreign language use in will, 18, Form

NC10 formal passing of accounts, objection to,

111, Form ACC9 of witness, 16, NC8 procedure at hearing, 64(1)(a) production of testamentary documents,

68

re-seal foreign grant, application to, 13(5)(b), Form NC33

unadministered property, 37(4) unknown beneficiary, 27, Form NC25

Alberta Rules of Court application to proceedings, 2(1) duty imposed on Court, 2(3) when no applicable rule under, 2(4) witness fees, 70.8

application value of security, 40(2), Form C1, Form

C2, Form NC35 attorneys. See also lawyers

grant, applicant for, 13(3), Form NC28, Form NC29

interested person contentious matters, 57(g) formal proof of will, 78

beneficiaries

defined, 1(b) accounting to (See accounting) bond, non-resident personal

representative, 28, 29, 31(1), Form NC18

distribution to powers of court, 113(2)(h) time of, Sched. 1, Sched. 1(d)

notice of application, 26(2) reciduary, defined, 1(m) unknown, 27, Form NC25 void gift, 14

bonds and other securities accounting

powers of court, 113(2)(i) releases not cancelling bond, 102

application for order, 30 minor, trusteeship of estate of, 52–53,

Form NC47 non-resident personal representative, 28–

29, Form NC17, Form NC18 powers of court, 31

caveats. See also contentious matters

frivolous or vexatious, 74 grant

against issue of, 71, Form C3 objection, notice of 73, Form C3,

Form C9 warning to caveator, 72, Form C4

claims defined, claimants, 1(c)


2 February, 2020

contested claims, 42, 95–96, Form C11, Form C12

notice of claim, 96, Form C12 notice of contestation, 95, Form C11

interested in estate, 57(k) notice by claimant, 39 notice to claimant, 38, Form NC34 valuation of security, 41, Form C1, Form

C2 verification of claims, 40, Form C1,

Form C2, Form NC35 clerk, duties of, 44–49 codicil. See also will

identification by witness, 16 commence

contentious matter, 58, Form C1, Form C2

formal proof, 77, Form C5, Form C6, Form C8, Form C9

contentious matters defined, 1(d) application to authorize minor to make

or revoke will, Form C14 applications

under Family Law Act, 70.1(2), Form C1, Form C2

under Wills and Succession Act, 70.1, Form C1, Form C2

caveats (See caveats) chambers, 63, 70.7 claims (See claims) classes, 62 commencement of action, 58, Form C1,

Form C2 Court powers, 70.2 death, proof of, 94, Form C1, Form C2 family maintenance and support

financial disclosure, 70.9 notice, 61, 70.5 orders, Form C13 parties, 56, 70.3 persons interested in estate, 57 procedure, 64 reply and demand for notice, 58.1, Form

C2, Form C2.1, Form C2.2 representation, 62 security for costs, 69 service

dispensing with service, 64(1)(f)–(g) documents to be served, 59 method of service, 60, Form NC27 rules that apply, 70.4, 70.6

standing, 57

testamentary documents, production of, 68

time for completion, 70 time limit, 67 trial of an issue, 66 will, formal proof of (See will, formal

proof of) witness fees, 70.8

contested claims. See claims Court of Queen's Bench

maintenance payments, 113(3) powers of, 70.2

Dependent's Relief Act

personal representative's notice when acting without a grant, 9.1, Form NGA2

documentation, acceptable, 99 double probate, grant of. See grants,

double probate Dower Act

family maintenance and support financial disclosure, 70.9

Estate Administration Act

ancilliary grant, 36 caveat against issue of grant, 71 grant of re-sealed probate or re-sealed

administration, 35 personal representative's notice when

acting without a grant, 9.1, Form NGA1, Form NGA2, Form NGA3, Form NGA4

renunciation of personal representative, 32

executors. See personal representative Family Law Act

application under, 70.1 family maintenance and support

disclosure of information, 70.9 family members

definition of, 57(n) Family Property Act


legal and personal representative compensation, Sched. 1

notice of application for grant, NC22 personal representative's notice when

acting without a grant, 9.1, Form NGA3


3 February, 2020

fees, 44, Sched. 2 financial statement

defined, 1(f) family maintenance and support

disclosure, 70.9 of personal representative

contents, 98 power of court to vary or amend,

113(2)(b) requirement for, 97

foreign grant. See also grants, ancillary as proof of death, signing formalities; or

no will, 35(3), 36(3) re-seal probate or administration

forms required, 13(5), Form NC32, Form NC33

grant, 35 foreign language in will, 18 forms, 9, Sched. 3

defined, 1(g) accounting

direction, ACC4 dispense with formal passing

order, ACC13 personal representative, ACC10,

ACC11 release, ACC12

formal passing accountant's engagement; report,

ACC5.1, ACC5.2 accountant's engagement; terms,

ACC4 applications

person interested in estate, ACC6, ACC7

person interested in estate; objection, ACC9

person interested in estate; reply, ACC8

personal representative, ACC1, ACC2

notice of objection or consent, ACC3

affidavit re application, C2 application, C1 authorize minor to make or revoke will,

C14 contentious matters

generally affidavit, C2 application, C1 order, C13

caveats caveat, C3

warning to caveators, C4 withdrawal and discharge, C3.1

contested claims notices

claim and affidavit, C12 contestation, C11

formal proof direction, C10 notices

objection to informal grant, C9 persons interested in estate, C8

personal representative, application by, C5, C6

schedules previous wills, C7

demand for notice re application, C2.2 grant, application for, NC1, NC2

affidavits by attorney on application, NC29 dispense with bond, NC17, NC47 double probate, application for

grant, NC31 handwriting of deceased, NC9 missing or unknown beneficiaries,

NC25 personal representative, NC2 service, NC27 translation of non-English will,

NC10 witness to a will, NC8 witness to signature, NC11

ancillary, NC32, NC33 bonds, NC17, NC18 by attorney, NC28, NC29 certificate of valid grant, NC49 double probate, NC30 nomination and consent to

appointment of personal representative, NC16

notices adult interdependent partner of

deceased, NC22, NC23 beneficiaries

intestacy, NC21 non-residuary, NC20 residuary, NC19

child, minor, NC46 creditors and claimants, NC34 dependent child or minor

grandchild or great-grandchild, NC24

Public Trustee, NC24.1, NC24.2 rejection, NC26 spouse of deceased, NC22, NC23

rejection notice, NC26


4 February, 2020

renunciations administration, NC15 administration with will annexed,

NC14 probate, NC12 re-seal foreign grant, NC32 reservation of right to apply for

grant, NC13 schedules

beneficiaries, NC6 deceased, NC3 inventory, NC7 personal representative, NC5 will, NC4

statutory declarations creditors and claimants, NC35 creditors and claimants;

publication, NC34.1 re-seal foreign grant, NC33 trusteeship of estate of minor,

NC43 grants

administration, NC38 administration with will annexed,

NC37 ancillary

administration, NC42 administration with will annexed,

NC41 probate, NC40

double probate, NC39 probate, NC36

minors, administration of estates of application, NC43, NC44 bond, dispense with, NC47 notice, NC46 trustee, election of, NC45 trusteeship, grant, NC48

notice by personal representative acting without grant

beneficiary, Form NGA1 family member, Form NGA2 other person, Form NGA4 Public Trustee, Form NGA4 spouse or adult interdependent partner,

Form NGA3 reply to application, C2.1

gifts, void, 14, Form NC20.1 grants

ancillary forms required, 13(5), Form NC30,

Form NC31 when available, 36

caveat against issue (See caveats) double probate, reservation of right to

apply, 34, Form NC13, Form NC30, Form NC31

foreign grant (See foreign grant) formal proof, applications, 75 limited, 12 maximum persons, 10(3) minor, trusteeship of estate of, 50, Form

NC43, Form NC44, Form NC45 nominations, 33, Form NC16 objection to (See caveats) probate or administration

forms required, 13(1), 13(3) renunciation of, 32, Form NC12, Form

NC14, Form NC15 re-seal probate or administration (See

foreign grant) return and revocation of informal, 93

(See also will, formal proof of) types of, 10 venue for application, 6

information, additional, 8 interested person. See person interested

in an estate interpreters. See translation services Intestate Succession Act

personal representative's notice when acting without a grant, 9.1, Form NGA1

lawyers. See also attorneys

as witness, 84(2) bond, court not to require undertaking,

31(2) discovery, subject to, 84(2) legal services, Sched. 1 service upon

contentious matters, 60(1)(d) grant, notice of application for, 26(3)

legal services. See lawyers minors

application to authorize minor to make or revoke will, Form C14

defined, 1(j), 54.1(1) minor testator, 21 monies payable to, 113(2)(j) trusteeship of estate of

application, 50, Form NC43, Form NC45


5 February, 2020

application of rules, 54 application under Wills and

Succession Act, 54.1, Form C2, Form C14

bond, 52–53, Form NC47 notice, publication of, 50, Form NC43,

Form NC45 missing person

interested in estate, 57(i) Public Trustee

interested in estate, 78(c) notice to, 59(2) payment to, 113(2)(j)

National Defence Act (Canada)

minor testator, 21 notice

by claimant, 39 dispensed with, 64(1)(f), 64(1)(g) grant, application for, 26, Form NC19–

NC24.1 minor, intention to apply for trusteeship

of estate of, 51, Form NC46 missing person, 59(2) objection, 73, Form C9

passing of accounts, regarding, 114, Form ACC3

of claim, 95 of contestation, 95 order for, 64(1)(f) passing of accounts

dependent adult, estate of trustee, application by, Form C12

hearing, 112(1)(b), 113(1)(a) interested person, application by,

108(2), 109, Form ACC6, Form ACC10

objection, 112(1)(b), 113(1)(a) personal representative, application

by, 108(2), 109, Form ACC 1, Form ACC2, Form ACC3, Form ACC12

personal representative, acting without grant

adult interdependent partner, 9.1(3), Form NGA3

beneficiary, 9.1(1), Form NGA1 family member, 9.1(2), Form NGA2 other person, 9.1(4), Form NGA4 Public Trustee, 9.1(4), Form NGA4 service, 9.1(5) spouse, 9.1(3), Form NGA3

proof of death, 94(2), Form C1, Form C2 standing, 65

to attend or produce, 5 to claimants, 38, Form NC34.1

person, defined, 1(j) person interested in an estate

accounting application for, 97(3) formal accounting

application for, 108, Form ACC6, Form ACC7

dispensed with, 103–106, Form ACC10, Form ACC11, Form ACC12

objection, notice of, 114, Form ACC3 application for directions, 4, Form C1 applications, 75

action commenced, 79 documents required, 77(1)(b), Form

C5, Form C6, Form C8, Form C9

bond application for, 30 conditions imposed, 31(1)(d)

classes of persons, 57 directions, application for, 80 missing person, 59(2) standing, 57, 78 will lost or destroyed, 76

personal representative defined, 1(l) acting without grant, notice

adult interdependent partner, 9.1(3), Form NGA3

beneficiary, 9.1(1), Form NGA1 family member, 9.1(2), Form NGA2 other person, 9.1(4), Form NGA4 Public Trustee, 9.1(4), Form NGA4 service, 9.1(5) spouse, 9.1(3), Form NGA3

application for direction, 4, Form C1 bond

non-resident, 28–29, Form NC17, Form NC18

powers of court, 31 compensation, Sched. 1 contentious matter, party, 56 grant, application for

ancillary grant, 36 double probate, 34(1)(b), Form NC30,

Form NC31 foreign grant, re-sealed, 35 nominations, 33, Form NC16


6 February, 2020

reservation of right to apply, 34(1), Form NC13

unadministered property, 37 incapacity of, 10(c) notice

acting without grant, 9.1, Form NGA1, Form NGA2, Form NGA3, Form NGA4

renunciation of, 32, Form NC12, Form NC14, Form NC15

power of attorney. See attorneys Public Trustee

application under Rule 75, 78(c), 78(f) missing person, 59(2) payment to, 113(2)(j)

Public Trustee Act personal representative's notice when

acting without a grant, 9.1, Form NGA4

Queen's Bench, Court of. See Court of

Queen's Bench recorded mail, defined, 1(1.1) residuary beneficiary

defined, 1(m) interested in estate, 57(a) notice of application for grant, 26(2) releases, accounting, 100, Form ACC12

Schedule 3: Personal representatives,

NC5 securities. See bonds and other securities service

accounting (See accounting) contentious matters (See contentious

matters) dispensed with, 64(1)(f), 64(2) grant, application for, 26(3), Form NC27 lack of, effect on order, 91(2) methods of, 60(1)

court directed, 5(2) notice to attend or produce, 5(2) passing of accounts, time limits, 107–

108, 112, 113(1)(a) proof of, 60(2), Form NC27

sign, defined, 1(n) signing

date, proof of, 20 foreign grant, 13(5)(e), 35(3)(a), 36(3)(a) formal proof

discovery, 84(2)

evidence, 84 hearing in chambers, 83

formalities, proof of, 16(3), Form NC8 witnesses unavailable, when, 19

testamentary capacity, proof of, 17 stay, application operating to, 75(3) testator

blind, 17 capacity, proof of, 17, 84(2) discovery, subject to, 84(2) English, not fully understanding, 17 having another person sign, 17 illiterate, 17 instructions, 84(2) mark, use of, 17 minor testator, 21

translation services non-English will, NC10 void gifts, 14

trustees. See also Public Trustee minor, estate of (See minors) personal representative definition

includes, 1(1) unadministered property

application for grant, 37, 70.1 unborn child. See also minors

defined as minor, 1(i) venue, 6 void gift, 14, Form NC20.1 will

defined, 1(o) alterations, 25 application to authorize minor to make

or revoke will, Form C14 attached to grant, 15, 22 date, proof of, 20 foreign language, 18 formal proof (See will, formal proof of) holograph, 16(4) identification by witness, 16 lost will, 24 personal representative's notice when

acting without a grant, 9.1, Form NGA 2

previous wills, Form C7 void gift, 14 witnesses unavailable, 19, Form NC9


7 February, 2020

will, formal proof of appeal, 92 applications, 75

personal representative, response of, 79

special applications, 80 standing, 78

chambers discovery, 84 evidence, 84 hearing in, 83

court may require, 81 decisions, order of, 86 documents to be served, 77, Form C5,

Form C6, Form C8, Form C9 fees, 89 informal grant, return and revocation of,

93 order final, 91 original will lost or destroyed, 76 parties, 82 powers of court, 90 proceedings

order of, 87 other, 88

trial, 85 Wills and Succession Act

applications under, 70.1 definitions

family members, 57(n) minor, 54.1(1)


formal proof of will, 84(2) minor testator, 21 personal representative's notice when

acting without a grant, 9.1, Form NGA1, Form NGA2

trusteeship of estate of minor under, 54.1 void gifts, 14

witness compellable, 84(2) cross-examination of, 62(1)(c) date of will, 20 dead or unavailable, 19, 23 discovery, 84(2) fees, 70.8, 89 identification of will, 16, Form NC8 proof of signing of will, 17, 83 void gift, 14

Alberta Rules of Court Court of Queen’s Bench Volume 2 Notices to the Profession and Public

1 July, 2015

Notice to the Profession

Repeal of Civil Practice Notes November 1, 2010

The following Practice Notes are repealed, effective November 1, 2010.

Civil Practice Note 3 (Pretrial Conferences) Civil Practice Note 4 (Setting Down for Trial) Civil Practice Note 8 (Summary Trials) Civil Practice Note 9 (Dependent Adults) Civil Practice Note 11 (Court Annexed Mediation) Civil Practice Note 12 (Media Reporting)

All other Civil Practice Notes remain in force, but to the extent that there is any inconsistency between the New Rules and a Civil Practice Note, the New Rules will prevail.

Neil C. Wittmann, John D. Rooke, Chief Justice Associate Chief Justice


Repeal of Family Practice Notes November 1, 2010

The following Practice Notes are repealed, effective November 1, 2010.

Family Practice Note 2 (Notice to Disclose) Family Practice Note 4 (Ex Parte Restraining Orders) Family Practice Note 6 (Notice to Reply)Family Practice Note 10 (Children’s Services Intervention)

All other Family Practice Notes remain in force, but to the extent that there is any inconsistency between the New Rules and a Practice Note, the New Rules will prevail.



2 July, 2015


New Rules of Court and Forms – Grace Period November 1, 2010

The new Alberta Rules of Court, which come into effect on November 1, 2010, have prescribed a number of forms and introduced many procedural changes for the Court of Queen's Bench. It is the responsibility of litigants or their counsel to ensure that, starting on November 1, 2010, they are fully complying with the new Rules of Court.

However, to ensure continued access to justice for litigants, the Court is of the view that a reasonable grace period should be observed until December 31, 2010, before the requirement for compliance is more strictly enforced. Staff are encouraged to be liberal in their interpretation of compliance, particularly when lack of compliance is minor, or is a matter of form rather than substance, and a reminder would suffice.

For example, if a document is submitted for filing in a format used under the previous Alberta Rules of Court (AR 390/68), it is the expectation of the Court that such documents will be accepted for filing by the clerk of the court for the duration of this grace period.

After January 1, 2011, as a result of a review of the practices observed by the Court, the requirements of compliance may be more strictly enforced.

In the meantime, should any party or counsel feel aggrieved by an interpretation of a Rules or forms requirement made by Court Services staff during this interim period, parties or their counsel are reminded that they may apply to the Court on notice to the party or parties opposite.



Case Conferences – Rule 4.10 December 7, 2010

Rule 4.10 of the Alberta Rules of Court provides that a Case Conference may be held on the direction of the Court. The Court directs that a Case Conference be held prior to any matter being entered for trial, where one or more of the parties is a self represented litigant, in the following Judicial Centres or sitting points, namely: Drumheller, Fort McMurray, Grande Prairie, High Level, Hinton, Peace River, and St. Paul.


3 July, 2015

This requirement may be waived by the Order of a Justice of this Court.

Neil C. Wittmann, Neil C. Wittmann, Chief Justice for John D. Rooke, Associate Chief Justice


Calgary Masters List July 13, 2011

In order to allow sufficient time for applications to be heard and to even out the daily lists, a pilot project will start September 1, 2011, to restrict the number of matters to be heard each morning in Calgary Masters Motions court. The filing clerk will begin monitoring the number of applications returnable on upcoming dates. A notice board will be installed in the filing office to notify all persons filing applications when a maximum of 65 matters have been filed for hearing on a given date. No further applications will be accepted for that date. Adjournments from other hearing days will also be entered. The goal is to have no more than 80 matters in Masters Motions Court each day.

As in the past, matters can still be adjourned in court and, with consent of all participants, by phone or by fax.

Neil C. Wittmann, Chief Justice


Case Management Counsel Pilot Project NP#2011-03 September 30, 2011

The Court of Queen's Bench of Alberta has commenced a Case Management Counsel Pilot Project in Edmonton and Calgary to assist in the orderly, proportionate, focused and expeditious handling of civil files (including family) streamed into case management. The Pilot Project will address civil actions filed in the Judicial Centres of Edmonton and Calgary only.

Authority and Duties of Case Management Counsel

Case Management Counsel’s responsibilities may include:


4 July, 2015

• Assisting to narrow and or resolve issues; • Assisting with scheduling and the development of litigation plans; • Providing guidance to parties, including discouraging

unnecessary/inappropriate applications; • Vetting applications to ensure parties are in a position to proceed; • Monitoring and assisting in the management of the litigation; • Facilitating the preparation of consent orders for presentation to the Case

Management Justice; • Directing parties to appropriate services and procedures, including dispute

resolution processes; • Attending Case Management meetings between the Case Management

Justice and parties/counsel as directed by the Case Management Justice; and • Reporting and providing advice to the Chief, Associate Chief and or Case

Management Justice as required.

Case Management Counsel has authority as a referee by virtue of her or his appointment as a Deputy Clerk of the Court pursuant to section 17 of the Court of Queen's Bench Act.

Referral to Case Management Counsel

Upon the appointment of a Case Management Justice, actions may be referred in the first instance by the Court to Case Management Counsel. Cases that have already been streamed into case management may also be referred to Case Management Counsel in circumstances where the Case Management Justice deems it appropriate.

In Edmonton, meetings with Case Management Counsel, Sandra L. Schulz, QC, can be booked through the Case Management Coordinator, Sharon Hinz, at (780) 644-7389.

In Calgary, meetings with Case Management Counsel, Susan Borsic-Drummond, can be booked through the Case Management Coordinator, Sheila O’Brien, at (403) 297-2455.

Pilot Project Evaluation

There will be periodic reviews of the Case Management Counsel Pilot Project. Comments and suggestions concerning this Pilot Project are encouraged and can be delivered to the Chief Justice or the Associate Chief Justice. Should amendments be required to the Pilot Project, a further Notice to the Profession may be issued.

_ Neil C. Wittmann, John D. Rooke, Chief Justice Associate Chief Justice


5 July, 2015

Notice to the Profession Amendments to the Surrogate Rules and Forms - Grace Period NP#2011-05 December 19, 2011

Amendments to the Surrogate Rules arising out of the new Wills and Succession Act, which come into effect on February 1, 2012, have prescribed a number of new forms and introduced several procedural changes for the Court of Queen’s Bench. It is the responsibility of litigants or their counsel to ensure that, starting on February 1, 2012, they are fully complying with the amendments to the Surrogate Rules.

However, to ensure continued access to justice for litigants, the Court is of the view that a reasonable grace period should be observed until April 30, 2012, before the requirement for compliance is more strictly enforced. Staff are encouraged to be liberal in their interpretation of compliance, particularly when lack of compliance is minor, or is a matter of form rather than substance, and a reminder would suffice.

For example, if a document is submitted for filing in a format used under the previous Surrogate Rules, it is the expectation of the Court that such documents will be accepted for filing by the clerk of the court for the duration of this grace period.

After May 1, 2012, as a result of a review of the practices observed by the Court, the requirements of compliance may be more strictly enforced.

In the meantime, should any party or counsel feel aggrieved by an interpretation of a Rules or forms requirement made by Court Services staff during this interim period, parties or their counsel are reminded that they may apply to the Court on notice to the party or parties opposite.


Notice to the Profession Summer Sittings Pilot Project

NP#2011-04 December 22, 2011

The Court of Queen’s Bench of Alberta is instituting a pilot project for summer trial sittings in Calgary and Edmonton. Commencing January 15, 2012, the Civil and Criminal Trial Coordinators will have the ability to book non-jury criminal and civil trials, that are not expected to take longer than 5 days, to be heard


6 July, 2015

during the period of July 3, 2012 to August 31, 2012. There will be space on the Court schedule for one criminal trial and one civil trial, in each of Calgary and Edmonton, per week.


Notice to the Profession Waiver of Dispute Resolution Before Trial

NP#2011-06 December 22, 2011

Applications to waive a dispute resolution process pursuant to Rule 4.16(2) shall be made to the Case Management Judge, or if there is no Case Management Judge available, to any Justice of the Court of Queen’s Bench.

Notice to the Profession NP 2010-07, which directed that such applications be made to the Chief Justice or the Associate Chief Justice, is no longer in effect.


Notice to the Profession Criminal Case Management

NP#2012-04 June 29, 2012

Section 551.1 (1) of the Criminal Code allows the Chief Justice or a designated judge to appoint a Case Management Judge if he or she is of the opinion that it is necessary for the proper administration of justice. The Chief Justice or his designate may order a conference between the prosecutor and the accused or counsel for the accused, or a hearing be held for the purpose of deciding if the appointment will be made. The Chief Justice has designated Associate Chief Justice Rooke for the purpose of appointing a Case Management Judge for a trial that is to occur in the Judicial Centre of Edmonton. All other applications arising out of trial to be held in any other judicial centre will be made to the Chief Justice.

A party seeking the appointment of a Case Management Judge should provide to the Chief Justice or Associate Chief Justice (as applicable) the following:

(a) the names of all counsel; (b) a copy of the indictment;


7 July, 2015

(c) a list of proposed voir dire and trial witnesses; (d) a list of all pre-trial applications and voir dires that are proposed to be

heard by a Case Management Judge before trial, as well as the anticipated duration and proposed dates for each;

(e) reasons why the appointment of a Case Management Judge is necessary for the proper administration of justice and, additionally

(i) any reason(s) why any pre-trial applications and/or voir dires cannot be heard at the beginning of the trial;

(ii) any reason(s) why the scheduling of an early pre-trial conference would not be sufficient in lieu of case management;

(iii) any other reason(s) that might justify the appointment of a Case Management Judge; and

(f) any reason(s) why the Case Management Judge should not be the Trial Judge.

Upon appointment, the Case Management Judge will be presumed to be the Trial Judge unless otherwise ordered by the Chief Justice, the Associate Chief Justice or the Case Management Judge.


Notice to the Profession Changes to S. 525 Detention Review and S. 520 Bail Review Hearings Edmonton

NP#2012-05 August 29, 2012

As a pilot project, effective October 1, 2012, the following changes will take place in Detention Review and Bail Review hearings in Edmonton:

S. 525

1. Up to 30 s. 525 detention reviews will take place each Wednesday between 9 and 10 am, commencing October 3, 2012. A review will be set for the first Wednesday that falls 10 days after a notice to set such a review is received from the Institution in which the accused is remanded.

2. Upon receipt by the Court of a notice from an Institution to set a detention review (para.1), a Notice providing the date for the detention review hearing in an individual case will be forwarded, together with a No-Contest and/or Waiver of Attendance Form (attached), to the Institution and the accused (care of the Institution), the Crown, and Defence Counsel, if known.


8 July, 2015

3. At the time of the Notice (para.2) an order directing the accused to be brought forward for the hearing will be made and executed unless, prior to the hearing, it is revoked because: detention is not contested; or, if contested, the accused specifically waives his attendance at the detention review hearing (para.6).

4. On the date of the scheduled detention review hearing, Counsel for the Crown and the Defence (if the latter is appointed), and the accused (subject to para.3), are expected to attend, although the matter may be adjourned in advance by notice to the Queen’s Bench Criminal Office up until the Thursday prior to the hearing date by Counsel/the accused to a specific Wednesday not more than 2 weeks in the future by fax notice to the other side and the Queen’s Bench Criminal Office (780-422-3458). Alternatively, the matter may be adjourned before the presiding Justice at the hearing, after which all further adjournment requests must be made in person.

5. Any material to be relied upon at the hearing (e.g. including transcripts (if any), etc.) must be filed with the Queen’s Bench Criminal Office by noon on the Friday before the hearing. Late filing of any material will be allowed only on judicial fiat on consent from, or notice to, the other side.

6. A new procedure will be employed for notification of “no contest” as to detention, and/or waiver of the accused’s attendance:

(a) if the accused wishes to not contest his/her continued detention, s/he or his/her Counsel must file with the Crown and the Criminal Office, a No-Contest and/or Waiver of Attendance Form (attached), duly completed, signed by the accused, by the Thursday before the hearing. The matter will then be marked as a “desk” application and will be reviewed by the assigned Justice (along with information provided for such a desk application by the Crown as to next step in the proceeding and other relevant information that continue to justify detention) and a decision will be made by an Order delivered to the Criminal Office, or recorded on the record on the date the matter was originally slated for hearing; and

(b) if the accused does not wish to attend the detention review hearing, s/he or his/her counsel must file with the Crown and the Criminal Office, a No-Contest and/or Waiver of Attendance Form (attached), duly completed, signed by the accused, by the Thursday before the hearing.

7. At the hearing, matters with Defence Counsel present will normally be heard first.

S. 520

8. Section 520 bail reviews will be conducted as present, with the following changes


9 July, 2015

(a) eight bail reviews will be booked, (not longer than 10 minutes each) using the current Bail Review Application form, accompanied by the transcript (if any) of the original bail application, and any other relevant documents (two clear days prior to the hearing). Late filing of any materials is subject to consent from, or notice to the other side and a judicial fiat; and

(b) the former practice of queue jumping by filing an application/motion and supporting affidavit(s) will no longer be utilized - rather, effective immediately, an addition to the bail review list for a given date may only be obtained by judicial fiat on the Bail Review Application form from the justice destined to hear the application or judicial supervisor, with the consent of both the Crown and Accused.

John D. Rooke, Associate Chief Justice

FILE NO. _______________

IN THE COURT OF QUEEN’S BENCH OF ALBERTA

JUDICIAL CENTRE OF EDMONTON

BETWEEN:

HER MAJESTY THE QUEEN

CROWN

- and -

_________________________

ACCUSED

CRIMINAL CODE, SECTION 525 - DETENTION REVIEW

NO-CONTEST AND/OR WAIVER OF ATTENDANCE FORM


10 July, 2015

I,____________________________(the Accused) understand that I am entitled to have my continuing detention in custody reviewed by a Justice of the Court of Queen's Bench of Alberta. I also understand that I am entitled to be personally present when the Court conducts the review.

Regarding my rights:

1. I (do/do not) (cross out and initial one) seek to be released at this time.

2. I (wish/do not wish) (cross out and initial one) to be present at the hearing to review my continuing detention.

Witness: Accused:

_____________________________ _____________________________ (Signature) (Signature)

_____________________________ _____________________________ (Print Name) (Print Name)


Repeal of Family Law Practice Note 7 New Family Law Practice Notes 7 And 8

September 28, 2012

Effective October 1, 2012, Court of Queen’s Bench Family Law Practice Note 7 “Use of Independent Parenting Experts” has been repealed, and replaced with Family Law Practice Note 7 “Interventions” and Family Law Practice Note 8 “Parenting Time/Parenting Responsibilities Assessments”.



11 August, 2019

Notice to the Profession Priority of Assignment of Judicial Dispute

Resolution Under Rule 4.16(1) NP#2013-03 April 29, 2013

Further to NP#2013-01 dated January 12, 2013 (not enforcing mandatory dispute resolution before entry for trial), and during its currency, the assignment of Judicial Dispute Resolution (JDR) hearings in Edmonton and Calgary, pursuant to Rule 4.16(1)(c), shall, on the effective date for booking after the schedule of JDR Justices is released for each upcoming term, be on a first filing1 basis, on the following priority:

(a) for the first 24 hours, cases of the type identified in (b) to (d) that have been “wait listed” during a previous term but not yet heard;

(b) for the next 24 hours, family law cases, with child issues involved, that are ready for trial2;

(c) for the next 24 hours, family law cases, with child issues involved, whether or not ready for trial;

(d) for the next 24 hours, any case that is ready for trial; (e) for the next 24 hours, any case other than (a) that has been “wait listed”

during a previous term; and (f) any other case.

In Judicial Centres outside Calgary and Edmonton, the order of priority principles set out above will be considered by the Court Coordinators for booking JDR hearings.


_____________________ 1 As to dates and procedures for the release of the JDR booking schedule,

opening date and time for booking, and filing procedures, see the Court’s website under “Assignments”.

2 For the purpose of this Notice of Profession “ready for trial” is defined as those cases for which all parts of Form 37 has been completed and certified, except the dispute resolution requirement in para 5.(a) of Form 37.


12 August, 2019

Notice to the Profession Commercial Appearance Court (“COM AC”)

NP#2013-04 July 18, 2013

On a trial basis commencing Tuesday, July 2, 2013, a commercial duty Justice will be available in open chambers in Calgary at 10:00 a.m. every Monday (or Tuesday if Monday is a non-sitting day) and in Edmonton at 2:00 p.m. every Tuesday to deal with urgent, scheduling and consent matters and applications for extensions of time to file materials for pending motions (each of which must take no more than 10 minutes) and opposed applications for adjournments of matters scheduled to be heard during the week.

No pre-bookings for these appearances are necessary. Unless it is not reasonably possible, counsel are responsible for providing copies of all necessary filed and to-be-filed documents directly to the presiding duty justice by noon of the previous Friday.

This is a pilot program and will be reviewed in approximately six months



13 July, 2015

Notice to the Profession CCTV Proceedings From Edmonton Remand Centre

NP#2013-05 September 18, 2013

Effective October 15, 2013, the Court shall (subject to the Court ordering otherwise in individual cases) require the use of CCTV video link for the following appearances in the Edmonton Judicial District, by persons in-custody in the Edmonton Remand Centre (ERC):

a) Bail Review Applications, b) Detention Review Applications, c) Bail Forfeitures, and d) Queen’s Bench Appearance Court (QBAC) arraignments, first

appearances, summary disposition/guilty pleas and TST (to speak to).

At the effective date, the default will be that accused persons in custody will be required to appear in person only where:

a) the evidence of a witness will be taken at the hearing, or b) the Court is unable to conclude that the accused understands the

proceedings and can make voluntary decisions during the proceedings, or

c) the accused has not filed a Designation of Counsel with the Court (subject to other Court direction), or

d) an interview with a physician is required for a forensic assessment, or e) a Court Order has been granted requiring/allowing an accused to

appear in person.

Those accused who will be appearing by video-link will be identified within the remand system as “QB CCTV”, and transported to the video centre at the Remand Centre at approximately: 8:15 am on the morning of their appearance, with the exception of bail forfeitures; and 1:00 pm for bail forfeitures.

When each remanded accused is to appear, an announcement will be made in Court that the accused is appearing by way of CCTV. The matter can be dealt with either by duty counsel or defence counsel present in the courtroom.

Counsel can interview their client via the video booth on the 2nd floor of the Edmonton Law Courts.

Reviews of this program will be undertaken from time to time, to consider adjustments necessary to ensure the system provides for the needs of the users of the system.


14 July, 2015


Notice to the Profession Citation of Authorities

NP#2013-06 September 18, 2013

1. This Notice to the Profession clarifies and recommends the practice and procedure for the citation of authorities and applies to all proceedings at the Alberta Court of Queen’s Bench [the “Court”].

2. The Court officially adopts the Canadian Guide to Uniform Legal Citation, 7th ed (Toronto: Carswell, 2010) [McGill Guide, 7th edition] for the recommended use of the Bar and Bench whenever an authority is cited in written or oral submissions. This Notice to the Profession prevails where the McGill Guide, 7th edition is inconsistent with its directions.

3. Use bold for the style of cause. Italicize the names of the parties and the letter “v” between parties. Do not use “et al” for multiple parties.

4. For Canadian cases, use the neutral citation first, where available, otherwise cite to a printed law reporter or an electronic source. The phrase “(available on …)” is not required after the neutral citation. Do not cite to summaries, headnotes or digests.

5. After the first citation, parallel citation to official or semi-official printed law reporter is optional, prior to an electronic or unofficial source. Do not exceed two sources. If desired or required, insert the judge’s name followed by “J” for Justice, “CJ” for Chief Justice, “ACJ” for Associate Chief Justice, and “JA” for Justice of Appeal, without periods.

6. If you are making a pinpoint citation to a particular statement, cite to the paragraph number, when available; otherwise, cite accurately to the page number in the printed reporter. Where your source is an electronic database and the paragraph numbers differ between electronic sources and a printed reporter, you should confirm the source used by adding “QL”, “WL” or “CanLII” at the end of the citation, when that source is non-obvious from the citation.

7. Provide the full citations of statutes and regulations in accordance with the McGill Guide, 7th edition. This direction is optional when citing the Alberta Rules of Court. Use the lowercase letter “r’ and not the capital letter “R” when referring to a particular rule. Avoid using the phrase “New Rules” except when comparatively relevant.


15 July, 2015

8. Only capitalize “Judge” or “Justice” when referring to a judge by name; use the lower case “judge” or “justice” in the descriptive process. Refer to members of this Court as “Mr Justice” or “Madam Justice” (as appropriate) or “Justice,” in addition to the continuing use of “My Lord” or “My Lady” (as appropriate). Capitalize “Court” when referring to a specific court and use the lower case “court” as a descriptive term.

9. When citing cases, use the following format:

(i) reported case: R v Cooper, 2002 ABCA 156, 303 AR 399. (ii) reported case with pinpoint reference: R v Cooper, 2002 ABCA 156 at

para 3, 303 AR 399. (iii) unreported (in printed or electronic format) case: True North Land v Hamilton (5 September 1996), Calgary 9601-

05486 (Alta QB).

10. For secondary sources, use the following format: (i) Book: Lewis N Klar, Tort Law, 5th ed (Toronto, Ont: Carswell, 2012). (ii) Journal article: David J Mullan, “Dunsmuir v New Brunswick, Standard

of Review and Procedural Fairness for Public Servants: Let's Try Again!” (2008) 21 Can J Admin L & Prac 117.

11. When subsequently referring to a cited authority and it is either necessary to distinguish it from similarly named authorities or appropriate and convenient for readability, create a short name in square brackets.

12. The print in your written submissions should be 12-point font for all text, including citations. Use one and a half spaced lines, excluding quotations from authorities or enactments that should be single-spaced and, if more than four lines, indented by at least one-inch margin.

13. The contents of your Book of Authorities should match the authorities cited in your submissions, especially in reference to the paragraph or page numbering. Avoid duplicating authorities referenced in another party’s earlier book of authorities and cite to it, when relevant. The Court recommends the use of joint book of authorities by parties.



16 July, 2015

Notice to the Profession Edmonton Weekly Criminal Duty Justice Pilot Project

NP#2013-07 December 12, 2013

Effective January 6, 2014, the Court of Queen's Bench will appoint a criminal duty justice on a weekly basis to handle all non-trial criminal matters in Edmonton. This initiative is a pilot project in Edmonton only. The Criminal Duty Justice will handle bail reviews, pre-trial conferences, jury selection, summary conviction appeals, QBAC (Queen's Bench Appearance Court), detention reviews, bail forfeitures and summary disposition hearings. The introduction of this new position will not affect the way the Court deals with trial matters.

A copy of the weekly schedule for the criminal duty justice is attached to this Notice.

At the request of the Bar, bail reviews will be moved from 9:00 a.m. to 1:00 p.m. daily. Pre-trial conferences will be set at 8:30 a.m., 9:30 a.m. or 12:30 p.m. In setting these times, we have endeavoured to avoid core sitting hours in both Queen's Bench and the Provincial Court of Alberta

We are increasing the court time assigned to both summary conviction appeals and bail forfeiture hearings. Summary conviction appeals will continue to be heard every Thursday afternoon, and will also be set for hearing on the first and third Tuesday afternoon of the month. A new initiative relating to summary conviction appeals is a speaking to the list, which will take place every other Monday afternoon relative to the upcoming two weeks. Counsel on appeals scheduled for this two week period will be expected to attend to confirm the status of their appeal.

Bail forfeiture hearings will increase from once to twice monthly, and will be heard on the second and fourth Tuesday afternoon of the month. This additional court time is in response to the current volume of outstanding matters.

Pre-trial applications relative to files where there has been no trial judge assigned (or a Case Management judge appointed under the Criminal Code), including direct indictment matters, will be returnable in QBAC. Other special applications, including lengthy bail applications or certiorari applications will continue to be scheduled as half day special applications. These matters will not necessarily be handled by the criminal duty justice.

These changes are effective January 6, 2014. A transition period will, however be required, particularly as regards pre-trial conferences which are already set for January, February and part of March, 2014.


17 July, 2015

As outlined above, this is a pilot project to be implemented in Edmonton This initiative will be monitored and subject to an informal review, which will include consultation with the bar, within the first three to four months. We ask that questions or comments on the operation of this pilot project, be coordinated through the offices of the senior Federal or Provincial Crowns, or the President of Defence Bar, who the Court would ask to take up such matters with the Court's Edmonton Criminal Practice Chair as appropriate.


Notice to the Profession Court of Queen's Bench Criminal Proceedings Rules

NP#2014-01 January 6, 2014

Effective February 1, 2014, the Court of Queen's Bench will adopt the Criminal Proceedings Rules and Forms set out in Court of Queen's Bench Criminal Practice Note No. 6, and posted to the Criminal Practice Notes section of the Court's website at:

https://albertacourts.ca/court-of-queens-bench/practice-notes


Notice to the Profession Template Oral Hearing Order

NP#2014-02 February 18, 2014

Effective immediately the Template Oral Hearing Order (attached) will be the basis for hearings where oral evidence is heard, except for trials under Part 8 of the Rules and oral hearings for Emergency Protection Orders, which will be heard, in the normal case, on dates set for those hearings.

Oral Hearing Orders may not be filed by consent, without a judicial determination of need.


18 July, 2015

Facts relied upon in support of an application for an Oral Hearing Order may be provided to the Court by way of an Agreed Statement of Facts, or if not agreed, by way of affidavit, and may include affidavit evidence previously filed in the action. The evidence must demonstrate a necessity for the hearing of oral evidence.

The default estimated times for examination in chief and for cross-examination (paragraphs 1(c) and (d) of the Oral Hearing Order) should be no more than one half hour each per witness, unless extended by the judge hearing the application, or during the oral hearing itself.


COURT FILE NUMBER Clerk’s Stamp

COURT COURT OF QUEEN’S BENCH OF ALBERTA

JUDICIAL CENTRE

PLAINTIFF

DEFENDANT

DOCUMENT ORAL1 HEARING ORDER (For all hearings other than Part 8 of the Alberta Rules of Court)

ORDER PREPARED BY

_________________________________________________________________ DATE ON WHICH ORDER WAS PRONOUNCED: at Alberta

NAME OF JUSTICE WHO MADE THIS ORDER:

UPON THIS APPLICATION being heard this day;

AND UPON READING OR HEARING READ the evidence filed in support of or opposition to this application;

AND UPON HEARING the submissions by or on behalf of the parties;


19 July, 2015

AND UPON IT APPEARING to the Court that there is a need for brief oral evidence as set out in this Order;

IT IS HEREBY ORDERED THAT:

1. At the hearing set in this matter for____day(s) commencing at ____am/pm on (date) ___________, brief oral evidence may be heard, on the following terms:

(a) The type or nature of the application to be heard at the hearing is for: _____________________________________________, to determine the substantive issue(s) of _____________________ _____________________________________________ ______;

(b) The specific issue(s) for which oral evidence is necessary at the hearing, is/are: ______________________________________;

1 This Order is granted based on the Template Order set out in Notice to the Profession #2014 – 02.

and the reason(s) that oral evidence is needed to determine this/these issue(s) is because: __________________________

___________________________________________________ ;

(c) There may be no more than ____witness(es) for the applicant(s), identified and limited as follows:

Witness(es): _________________________________________

Total Estimated Time - Chief: _____ min; Cross: _____min

(d) There may be no more than ____witness(es) for the respondent(s), identified and limited as follows:

Witness(es):_________________________________________

Total Estimated Time - Chief: _____ min; Cross: _____ min

(e) No other affidavits or records may be filed without leave of the Court;

(f) The Court is satisfied that the following justice(s) is/are disqualified from hearing this matter for good reason(s):

Justice (s)___________________________

(g) Other matters ordered are: ___________________________

_________________________________________________


20 July, 2015

2. Except for emergencies, no other applications shall be brought by either party prior to the hearing date, without a Court Order.

3. The judicial determination of the issue(s) for which oral evidence is permitted by this Order may, in the discretion of the Justice presiding at the hearing, result in a final order of judgment on that/those issue(s).

4. If the parties reach an agreement on the issue(s) in dispute prior to the scheduled hearing date, they shall immediately advise the Court.

5. Nothing herein shall limit any other requirement under the Rules, Practice Notes or Notices to the Profession, unless specific in this Order.

Justice of the Court of Queen’s Bench of Alberta

Notice to the Profession Summer Sittings Pilot Project

NP#2014-03 February 24, 2014

The Court of Queen’s Bench of Alberta is continuing its pilot project for summer trial sittings in Calgary and Edmonton. Commencing immediately, the Civil and Criminal Court Coordinators will have the ability to schedule one non-jury criminal and civil trial per week, that are not expected to take longer than 5 days, in the period of June 30, 2014 to August 29, 2014.



21 July, 2015

Notice to the Profession New Booking Procedures in Calgary and Edmonton for JDRs

(July - August, 2014) NP#2014-05 May 2, 2014

The following procedures will apply for this purpose, as follows:

1. The list of available dates and assigned JDR justices has now been posted on this web site.

2. No bookings will be permitted until 7:30 am on Monday, May 12, 2014.

3. Bookings must:

(a) be made by email to the following addresses:

- Calgary - [email protected] - Edmonton - [email protected]

(b) relate to one JDR only per email, providing a selection of Justices and dates agreed upon by counsel in order of preference (if more than one is submitted only the first will be considered until all other email bookings are processed); and

(c) certify that the party booking has the agreement of the opposite side to all of the booking details which must include (date, justice, action #, style of cause, if binding and all counsel’s names, law firms, fax numbers and e-mail addresses).

(d) provide an estimated number of trial days that would be required should the JDR not resolve the matter, and the total number of people attending the JDR.

(e) please submit your request only on the date in which your priority falls under.

4. Booking priority will be given per Notice to the Profession #2013-2 of April 29, 2013 as outlined below:

(a) for the first 24 hours, May 12, 2014, - Family Law

(b) for the next 24 hours, May 13, 2014, those added to the priority list in the first three months of the last Spring or Fall terms.

(c) for the next 24 hours, May 14, 2014, all others that are ready for trial (with a filed form 37); and

(d) for the next 24 hours, May 15 , 2014, and subsequent days, any case.


22 July, 2015

Note: Please indicate in your “SUBJECT” line upon which priorities you will be relying.

Note: If the case has been previously “wait listed”, please provide the JDR coordinator with a copy of the previous request.

5. E-mails received prior to the 7:30 am booking start time will not be considered and may be deleted. The JDR coordinator will be in touch with booking parties within 2 weeks after booking commences to advise you of whether and when your matter has been booked, so please provide all contact information in your booking email.

6. If you have any questions about the above, address them to:

- Calgary – Paula Lorenz at 403-297-7499. - Edmonton - Peggy Lewis at 780-422-2313.


Notice to the Profession Reduction In Judicial Dispute Resolution Bookings

Calgary and Edmonton NP#2014-06 May 20, 2014

Due to the ongoing shortage of judicial resources at the Court of Queen’s Bench of Alberta, the Court has been put in a position where it must curtail some of its services.

As a result, beginning in the Fall of 2014, and until such time as the Court has sufficient resources, the Court will reduce the number of Justices hearing JDRs, in Calgary and Edmonton, from 3 to 2 per week.



23 July, 2015

Notice to the Profession Holiday Closures – December 2014

NP#2014-07 November 10, 2014

As a result of the 2014 Collective Agreement between the Province of Alberta and the Alberta Union of Public Employees, provincial government services will be restricted on December 29, 30 and 31, 2014. Because of reduced staffing levels and the closure of court facilities during this period, the Court of Queen’s Bench of Alberta will hear emergency applications only, at the Calgary Courts Centre. All other Court of Queen’s Bench of Alberta locations will be closed on December 29, 30 and 31.

Anyone outside of Calgary with an emergency application during this period is asked to contact the Court of Queen’s Bench in Calgary, at 403-297-6267. Should an emergency matter need to be heard, a clerk will be on stand-by in each Court of Queen’s Bench location. If required, the clerk at the Calgary Courts Centre will contact the stand-by clerk at the regional location or in Edmonton, who will arrange to open the courthouse, file the necessary documents and facilitate the hearing in Calgary via telephone or video conference.


Notice to the Profession Amended Family Law Practice Note 4

New Family Law Practice Note 9 – Intake, Resolution and Caseflow Management - Calgary

NP#2014-08 November 26, 2014

In an effort to better meet the needs of family litigants, the Court of Queen’s Bench is implementing a new early resolution and caseflow service in Calgary only, beginning on December 1, 2014. The initial level of staffing and resources limit the program to parenting and child support applications under the Family Law Act and under the Extra-provincial Enforcement of Custody Orders Act. Under this new program, all self-represented litigants will be required to consult with an intake counsellor prior to filing any application for relief under those statutes. In addition, before filing any application for relief under those statutes, legal counsel for an applicant will be required inform the applicant of the option to schedule a caseflow conference.


24 July, 2015

Provisions detailing the Intake, Resolution and Caseflow Management Program in Calgary are set out in the new Court of Queen’s Bench Family Law Practice Note 9, located at the Court of Queen’s Bench website at:

https://albertacourts.ca/docs/default-source/Court-of-Queen's-Bench/family-practice-note-9-draft5.pdf?sfvrsn=2

Court of Queen’s Bench Family Law Practice Note 4 has also been amended to reflect the implementation of this new program, by the addition of a new paragraph 1. It is located at the Court of Queen’s Bench website, at:

https://albertacourts.ca/docs/default-source/Court-of-Queen's-Bench/family-practice-note-4.pdf?sfvrsn=2


Notice to the Profession Calgary Criminal Duty Justice Pilot Project

NP#2014-09 December 2, 2014

Effective January 5, 2015, the Court of Queen's Bench will appoint a criminal duty justice on a weekly basis in Calgary. The Criminal Duty Justice will handle bail reviews, pre-trial conferences, jury selections, summary conviction appeals and bail forfeitures. The introduction of this new position will not affect the way the Court deals with trial matters and will not include Criminal Appearance Court.

A copy of the weekly schedule for the criminal duty justice is attached to this Notice.

Bail forfeiture hearings will increase from once to twice monthly, and will be heard on the second and fourth Wednesday morning of the month. Jury selections will move from Friday to Thursday mornings. Bail reviews will no longer be heard on Tuesday mornings.

Special applications, including lengthy bail applications or certiorari applications will continue to be scheduled as half day special applications. These matters will not necessarily be handled by the criminal duty justice.


25 July, 2015

This initiative will be monitored and subject to an informal review, which will include consultation with the bar, within the first three to four months. We welcome your comments, and ask that questions or comments on the operation of this pilot project be coordinated through the offices of the senior Federal or Provincial Crowns, or the President of the Defence Bar, who the Court would ask to take up such matters with the Court's Calgary Criminal Practice Chair as appropriate.



26 July, 2015

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27 July, 2015

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28 July, 2015

Notice to the Profession Grace Period: New Clauses for Child

Support Orders Recalculation Program NP#2015-02 March 4, 2015

Amendments to the Child Support Recalculation Program Regulation came into effect on March 1, 2015 requiring the Court to include one of two standard clauses in its child support orders: either a clause stating the Child Support Recalculation Program (RP) may recalculate the child support amount; or a clause indicating RP shall not recalculate. These amendments are set out in detail in the Child Support Recalculation Program (Mandatory Clauses) Amendment Regulation, (AR 14/2015), which is available at:

http://www.qp.alberta.ca/documents/orders/orders_in_council/2015/115/2015_008.html

It is the responsibility of litigants or their counsel to ensure that consent orders or other orders or judgments submitted for the approval of the Court which include an amount for child support are in compliance with the amendments to this regulation.

However, to ensure continued access to justice for litigants, the Court is of the view that a reasonable grace period should be observed until May 1, 2015 before the requirement for compliance is more strictly enforced.

For example, if a consent order dealing with child support is submitted for the approval of the Court which does not contain one of the two standard clauses, it is the expectation of the Court that such documents will be accepted by the clerk of the court for the duration of this grace period, perhaps with some written information about these new clauses being provided to the submitting party.

After May 1, 2015, as a result of a review of the practices observed by the Court, the requirement for compliance may be more strictly enforced.

In the meantime, should any party or counsel feel aggrieved by an interpretation of a forms requirement made by court staff during this interim period, parties or their counsel are reminded that they may apply to the Court for further direction (on notice to any parties required to be served).



29 July, 2015

Notice to the Profession Alberta Template Orders:

Plans of Arrangement Involving the Acquisition of Securities of a Corporation

Approval and Vesting Order (Sale by Receiver) Order Discharging Receiver With Collateral Directives

NP#2015-03 April 22, 2015

In addition to the Template Receivership Order, CCAA Order, and accompanying Explanatory Notes posted on the Court of Queen's Bench website, the Court has added:

1. A Template Interim Order for Plans of Arrangement Involving the Acquisition of Securities of a Corporation;

2. A Template Final Order for Plans of Arrangement Involving the Acquisition of Securities of a Corporation;

3. A Template Approval and Vesting Order (Sale by Receiver);

4. A Template Order Discharging a Receiver, with Collateral Directives; and

5. Explanatory Notes for the Alberta Template Interim Order and Template Final Order for Plans of Arrangement Involving the Acquisition of Securities of a Corporation.

These Template Orders and Notes are guidelines only, prepared by practitioners, and posted on the Court's website as a matter of convenience only. The Judiciary is not bound in any way by the contents of these Orders or Notes, and posting to the Court's website is not to be construed as wholesale adoption by the Judiciary in any particular case. When used, these Template Orders should be adapted to meet the facts in each case as directed by the Notes and successful applicants should offer the judge a black-line version of any proposed order along with a clean copy so that the judge may determine what differences appear between the form of order tendered and the Template order.



30 July, 2015

Notice to the Profession Request for the Appointment of a Case Management Justice

Under the Alberta Rules of Court 4.12 – 4.15 Judicial Centre of Calgary Only

NP#2015-04 June 1, 2015

Effective immediately, requests for the appointment of a Case Management Justice in the Judicial Centre of Calgary only should be made by completing the form located at the Court of Queen’s Bench website, under Publications and Forms – Other Forms, and at the following link:

https://albertacourts.ca/docs/default-source/Court-of-Queen's-Bench/request-for-the-appointment-of-a-case-management-justice-under-the-alberta-rules-of-court---rules-4-12---4-15.pdf?sfvrsn=0

The form must be copied to all parties pursuant to Rule 4.12 and submitted to the Office of the Chief Justice of the Court of Queen’s Bench via facsimile at 403-297-8625. No additional documentation should be submitted with the form.


Notice to the Profession Amendments to the Surrogate Rules and Forms – Grace Period NP#2015-05 June 2, 2015

The new Estate Administration Act SA 2014 c E-12.5 came into effect on June 1, 2015. Amendments to the Surrogate Rules arise from this legislation. These amendments necessitate a number of new forms as well as some changes to existing forms. Some procedural changes for the Court of Queen’s Bench also arise.

To facilitate an orderly transition, a grace period will be observed. That grace period will expire on September 1, 2015. During that grace period, existing forms will be accepted.


31 January, 2018

Application of the grace period as described above will not, however, relieve against compliance with substantive changes effected by this new legislation. For example, Section 11 of the Estate Administration Act requires a copy of an application and a notice under Part 5 of the Wills and Succession Act to be served on the spouse or adult interdependent partner, who is not the sole beneficiary of the deceased’s estate, who resides outside of Canada. Under predecessor legislation, the service and notice requirement applied only to a spouse or adult interdependent partner who resided in Canada.

To the extent that substantive changes are reflected in new or amended forms, no grace period will be extended regarding the use of existing forms. Applicants will be expected to employ new or amended forms, as applicable.


Notice to the Profession Commercial Practice Note 1:

The Commercial Chambers Initiative NP#2015-06 June 4, 2015

Court of Queen’s Bench Commercial Practice Note 1 is located on the Practice Notes page of the Court of Queen’s Bench of Alberta website, and may be accessed directly at the following link:

https://albertacourts.ca/docs/default-source/Court-of-Queen's-Bench/commercial-practice-note-1-commercial-chambers-initiative.pdf?sfvrsn=2

Effective June 15, 2015, Commercial Practice Note 1 will apply to matters that may be booked on the Commercial Practice List in Calgary and Edmonton. It supersedes all previous Notices to Profession concerning the Commercial/Duty Justice Initiative.

Commercial Practice Note 1 is subject to periodic review. Please direct any comments and suggestions concerning the Note, or the Commercial Chambers Initiative, to the Court of Queen’s Bench Commercial Practice Group Co-Chairs, with copies to the Chief Justice or Associate Chief Justice. The current Co-Chairs of the Commercial Practice Group are Romaine J. in Calgary and Topolniski J. in Edmonton, with Nielsen J. as Acting Co-Chair from September 2015 to May 2016.


32 January, 2018


Notice to the Profession Revised Family Practice Note 1 –

Parenting After Separation Seminar NP#2015-08 July 15, 2015

Effective July 20, 2015, an online Parenting After Separation seminar will be available to family litigants in Alberta. The Online Seminar is located at: http://pas.albertacourts.ab.ca/

As a result of this new program, Court of Queen’s Bench Family Practice Note 1 is amended, effective July 20, 2015. The amended Practice Note is located under the Family Practice Notes tab on the Court of Queen’s Bench Website, at: https://albertacourts.ca/court-of-queens-bench/practice-notes.

The amendments to Family Practice Note 1 broaden its geographic scope. Where formerly parties were required to attend the Parenting After Separation seminar only if they lived in St. Paul, Brooks, Calgary, Camrose, Drumheller, Edmonton, Edson, Fort McMurray, Grande Prairie, Hinton, Jasper, Lethbridge, Lloydminster, Medicine Hat, Peace River, Red Deer, Slave Lake and Wetaskiwin, or within 150 kilometres of any of those cities or towns, Family Practice Note 1 now applies to all litigants in Alberta, regardless of where they live. All family litigants now have the option of completing the traditional Parenting After Separation seminar, or the Online Seminar.


Notice to the Profession New Family Practice Note 2 – Family Chambers

NP#2015-09 August 24, 2015

Effective October 1, 2015, a new version of Court of Queen’s Bench of Alberta Family Practice Note 2 will come into effect. The new Family Practice Note 2 is located under the Family Practice Notes tab on the Court of Queen’s Bench website, at:

https://albertacourts.ca/court-of-queens-bench/practice-notes .


33 January, 2018

The new Family Practice Note 2 sets out procedures for scheduling applications and cross-applications in Family Chambers and describes the materials that parties must file in these applications. It sets out filing deadlines for Special Chambers applications and procedures for obtaining leave for the filing of additional materials, for the presentation of oral evidence, and for adjournments and the filing of Orders.

Appendices to Family Practice Note 2 set out the appropriate filing venues for Family Chambers applications in each judicial centre; filing deadlines for Special Chambers applications; and a list of leading family law decisions.

If a party fails to comply with Family Practice Note 2, the Court Coordinator, Chambers clerk or equivalent may remove the application from the schedule, or the presiding Justice may refuse to hear the application or may award costs against the offending party.


Notice to the Profession Edmonton Summer Trial Sittings - 2016

NP#2015-10 November 10, 2015

The Court continues to assess the ongoing need and demand for Queen’s Bench summer trial sittings. Based on recent experience, the following principles will apply to the summer of 2016 in Edmonton:

1) Summer trial bookings in Edmonton will open up immediately with one justice being assigned to hear non-jury trials of five days or less throughout July and August.

2) Priority for summer bookings will be assigned to the following trials:

Criminal: Accused in custody on the charge(s) before the Court, serious situations of delay, or situations where there is good reason for urgency (such as where special arrangements are required to accommodate witnesses).

Civil: Family law matters involving child-related decision-making required before September school commencement; any non-family matter where there is good reason for urgency (such as where special arrangements are required to accommodate witnesses).


34 January, 2018

Summer trial assignments will require the prior approval of the Associate Chief Justice or his designate for civil trials, and the Associate Chief Justice or the Queen’s Bench Appearance Court (QBAC) Justice in relation to criminal matters, based on the above priorities.

Criminal and civil matters not coming within the above priorities may be booked on an overbook basis on the understanding that these matters may be bumped.


Notice to the Profession Holiday Closures – December 2015

NP#2015-11 November 16, 2015

As a result of the 2014 Collective Agreement between the Province of Alberta and the Alberta Union of Public Employees, provincial government services will be restricted on December 29, 30 and 31, 2015. Because of reduced staffing levels and the closure of court facilities during this period, the Court of Queen’s Bench of Alberta will hear emergency applications only, at the Calgary Courts Centre. All other Court of Queen’s Bench of Alberta locations will be closed on December 29, 30 and 31.

Anyone outside of Calgary with an emergency application during this period is asked to contact the Court of Queen’s Bench in Calgary, at 403-297-6267.

Should an emergency matter need to be heard, a clerk will be on stand-by in each Court of Queen’s Bench location. If required, the clerk at the Calgary Courts Centre will contact the stand-by clerk at the regional location or in Edmonton, who will arrange to open the courthouse, file the necessary documents and facilitate the hearing in Calgary via telephone or video conference.



35 January, 2018

Notice to the Profession Morning Chambers – Telephone/Fax/Online Adjournments

NP#2015-12 December 23, 2015

Effective January 15, 2016, adjournments for matters scheduled for Motions Court will no longer be accepted via telephone or fax, or online, after 3:30 p.m. on the day prior to the hearing. Parties seeking to adjourn after that time will be required to attend in person to speak to the adjournment, or the application will be struck.


Notice to the Profession and Public Child Support Applications

NP#2016-01 April 15, 2016

1. Effective May 1, 2016, sections 21 through 24 of the Federal Child Support Guidelines and section 21 of the Alberta Child Support Guidelines will be strictly enforced by the Court. To ensure continued access to justice for litigants, a grace period will be observed until June 1, 2016, after which the requirement for compliance will be strictly enforced.

2. Effective May 1, 2016, a spouse/parent who is applying for a child support order, including an application to vary child support (“an applicant”), and whose income information is necessary to determine the amount of the order (shared or split parenting; where s. 7 claims are being made; or where an undue hardship claim is being made) must include with the application, the financial information set out in section 21 of the applicable Guidelines. Forms will be available on the Alberta Courts website effective April 15, 2016, and their use is encouraged for consistency in the filing process.

3. Likewise, a spouse/parent who is served with an application for child support (“a respondent”) and whose income information is necessary to determine the amount of the order, must, within 30 days after the application is served if the spouse/parent resides in Canada or the United States, or within 60 days if the spouse/parent resides elsewhere, provide the Court and the other spouse with the financial information set out in section 21 of the applicable Guidelines.


36 January, 2018

4. An applicant in an application for child support will not be permitted to file an Application and supporting Affidavit unless the applicant has provided the information required by s. 21 of the applicable Guidelines.

5. A respondent to an application for child support will not be permitted to file a responding affidavit or reply to the application unless the respondent has provided the information required by s. 21 of the applicable Guidelines.

6. A Notice to Disclose Application is not required to trigger the above obligations.

7. If a spouse/parent fails to comply with s. 21 of the applicable Guidelines, the application for support may proceed and income may be imputed to that spouse/parent pursuant to sections 19(1)(f), 22 and 23 of the Federal Child Support Guidelines or section 19(1)(f) of the Alberta Child Support Guidelines, as applicable. That spouse/parent will not be able to vary the child support until disclosure pursuant to s. 21 of the Guidelines has been provided. That spouse/parent may also be subject to an order for costs for failure to disclose and may be prohibited from filing any other applications until their disclosure is provided.

8. In rare exceptions, leave of the Court can be sought by application in family chambers, for a Fiat permitting the filing of an application or response without the required financial information. Any such Fiat will be without prejudice to arguments that the hearing should not proceed without proper disclosure, and the party applying for the Fiat will be directed to provide the required disclosure within 30 days or such other period as directed by the Court.

9. This procedure will not apply to an application for a stay of enforcement regarding child support arrears.

10. Family Law Practice Note #2 does not apply to the materials filed in compliance with this Notice.


Notice to the Profession and Public Section 21 Disclosure Initiative Information Summary

NP#2016-02 May 19, 2016

Background and Timelines

1. There is consensus among the Queen’s Bench judiciary that the existing disclosure process in Alberta is not working. Disclosure applications take up much of our chambers lists and incomplete disclosure results in delays and


37 January, 2018

ultimately retroactive support applications. On December 9, 2015, the Court of Queen’s Bench Executive Board approved a number of short-term measures to improve the current family law financial disclosure application process. The proposed short-term solutions operate within the existing legislative and rule framework, while longer-term solutions require legislative and rule amendment. As a first step, the Court will strictly enforce the disclosure requirements of s. 21 of the Child Support Guidelines. To date, the steps toward implementation have included the following:

• On January 25, 2016, the CBA and the Law Society of Alberta were sent notices for distribution to the Bar;

• There was an announcement made at the January Town Hall Meeting in Calgary and the March CBA Family Section meeting in Edmonton;

• The Court Clerk’s received training on April 6 and 7; • On April 15, the Court posted a Notice to Profession and Public on the

Alberta Court’s website along with the Disclosure Statement and Schedules;

• The Court Clerks and Resolution Services staff throughout the Province have received a detailed Checklist;

• Since shortly after April 15, an “Important Notice” handout has been given to the public and lawyers at the clerk’s counters and at Resolution Services counters. Signs have been posted in the Clerk’s area, Resolution Services reception and on the chambers courtroom doors;

• Since May 2, Justices hearing morning Family Chambers have been asked to read an announcement at the commencement of family chambers advising of the strict enforcement of s. 21;

• The Court will review this information summary with the family bar at a Chambers Practice Meeting in Calgary at the end of May and at the CBA North Family Section May lunch meeting in Edmonton;

• There will be an information session for Justices before June 1; • Information system codes have been created for the Court Clerks and

the Court to monitor Fiat requests and so that the chambers list can indicate when no s. 21 disclosure has been provided;

• June 1, 2016 is the strict implementation date for this initiative.

Section 21 and Disclosure Statement

2. Section 21 of the Federal and Provincial Child Support Guidelines require specified disclosure from the parties bringing an application for child support to the Court. These requirements apply to both Applicants and Respondents whose income information is necessary in order to determine the amount of child support. The language used – “must include the following with the application” and “provide the Court as well as the other spouse” makes it clear that this information must be filed with the Court. Therefore, anyone who is filing an application for child support, including an application to vary child support, must comply with s. 21 if his/her income information is necessary to determine the amount of child support. Under this initiative, all persons filing an application for child support or a response to an application for child support must complete the Disclosure Statement, even if they are not required to attach a Schedule and


38 January, 2018

disclosure. If an Applicant or Respondent chooses not to use the Disclosure Statement on the website but uses a format that provides the same information in a concise way, this will be acceptable.

Confidentiality Issues

3. A concern has been raised about confidentiality in relation to the personal information being included with the Disclosure Statement. The provision of the s. 21 information is a legislative requirement. Further, existing affidavits and application materials routinely include personal information, so the disclosure initiative results in little change to the current system. The Court has initiated a process to determine if restricting access to family law files is appropriate for Alberta. This will take time. In the meantime, our current system does not restrict access to family files.

Consent Orders and Desk Divorces

4. Early disclosure is encouraged in the hope that the issue of child support will be resolved by consent and a Consent Order can be presented to the Court. This initiative will not apply to Consent Orders where the Consent Order is sought before an Application is filed. It also does not apply to desk divorce applications.

Notice to Disclose and Section 65 Family Law Act Disclosure

5. The focus of this initiative is s. 21 disclosure. The Schedules prepared for attaching to the Disclosure Statement include the Notice to Disclose and s. 65 responses for convenience only. There is no requirement to file Notice to Disclose or s. 65 disclosure with the Court before filing a child support application. That said, if a party has chosen to file Notice to Disclose or s. 65 disclosure with the Court, this would include the required s. 21 information. Accordingly, if that information was recently filed, a further filing of the s. 21 Schedule should not be required. Schedule 5 was designed to provide updates where the s. 21 disclosure (all or part of it) has already been recently filed with the Court, including being provided for a Dispute Resolution or Child Support Resolution meeting.

Urgent Child Support Applications

6. In the judicial centres of Edmonton, Calgary, Red Deer, and Lethbridge, a party can apply for a Fiat if there is urgency in relation to the child support application. There has been a standard Fiat prepared for this purpose. It is similar in principle to the application for a Parenting After Separation exemption – it is without prejudice to the right of the other party to argue that the application should not be heard without the required s. 21 disclosure (in recognition of the fact that the other party does not have notice) and also requires disclosure to be provided within 30 days. On files where both parties are represented by Counsel, some type of notice to opposing Counsel before applying for the Fiat will continue to be encouraged.


39 January, 2018

7. In the smaller judicial centres, the Clerk will accept the documents for filing and make a note on the chambers list that there was no s. 21 disclosure provided in relation to the child support application so that the Justice hearing the application will know and can deal with the matter accordingly.

Multiple Issue Applications

8. If a party is filing a multiple issue Application that includes child support, the s. 21 filing requirements still apply to the child support portion of the application. Therefore, the following options are available to the Applicant:

a) wait to file the application until the s. 21 disclosure is provided;

b) proceed only with the portions of the application that do not relate to child support (deleting the child support reference from the Application document if necessary) and file a second Application for child support once the s. 21 disclosure has been provided. This should result in only a small additional cost, as the evidence for the child support application will generally be included in the affidavit being relied on for the other relief;

c) if there is an urgent need to obtain a child support order without the s. 21 disclosure, a party can apply for a Fiat in Edmonton, Calgary, Red Deer and Lethbridge. Points 6 and 7 above apply.

Respondent’s Disclosure

9. Section 21(2) gives the Respondent 30 days (60 days if outside Canada or the United States) after being served with an application for a child support order, to provide his/her disclosure. Therefore, if an application is returnable in less than 30 days following service, and assuming no urgency, the Respondent is entitled to an adjournment to give him/her the full 30 days to provide disclosure. In those cases where less than 30 days (less than 60 days if outside Canada or the United States) have passed since service of notice of the Application, the Respondent’s options are:

a) file his/her s. 21 disclosure before the 30 days (60 days) has expired;

b) attend chambers and request an adjournment so that he/she has the full 30 days (or 60 days) to provide disclosure and file a response;

c) where the matter is urgent, or where the application deals with issues in addition to child support and the Respondent wishes to respond to those issues, attend chambers and request a Fiat to allow the filing of the responding materials without the s. 21 disclosure. As explained above, the Fiat will be without prejudice and will require the filing of the disclosure within the 30 days from service or such other time as the Court determines appropriate.

10. If more than 30 days (60 days if outside Canada or the US) have passed from the date of service of notice of the application on the Respondent and the


40 January, 2018

Respondent has not provided his/her s. 21 disclosure, he/she will not be permitted to file any responding materials without a Fiat. The Respondent should be aware that in the absence of disclosure without a good reason, the Court may choose to impute income and set the amount of child support, with the obligation then being on the Respondent to bring the matter back to Court after the required disclosure has been provided.

Fiats

11. The wording of the Fiat for an Applicant is as follows:

FIAT granted this ____ day of ___________, 20___ Let the Applicant’s Application be filed without the Applicant’s s. 21 disclosure, without prejudice to arguments that the hearing should not proceed without that disclosure.

Applicant shall provide s. 21 disclosure within 30 days.

___________________________________________ JCQBA

12. The wording of the Fiat for a Respondent is as follows:

FIAT granted this ___ day of _____________, 20___. Let the Respondent’s Affidavit/Reply be filed without the Respondent’s s. 21 disclosure, without prejudice to any arguments related to disclosure at the hearing.

Respondent shall provide s. 21 disclosure within ____days

___________________________________________ JCQBA

The Court intends to have prepared Fiats (on labels) available to the Justice in morning chambers so that they can be attached to the Application and Affidavit.

Any time a Fiat is granted, there will be an entry by the Clerks at the time of filing the Application, indicating that a Fiat was granted in relation to the child support application so that it appears on the chambers list for the Justice hearing the matter, and in CASES for tracking purposes.

Other Important Information

13. The Clerks will not be reviewing the disclosure that is provided. They do not have time to do so. They will be looking for the Disclosure Statement to have been completed with the appropriate Schedule attached. The Clerk will not file the Application for child support without the Disclosure Statement having been filed. They will explain the options outlined above in cases of urgency.

14. This s. 21 disclosure procedure will not apply to applications for a stay of enforcement, given their urgent nature. Therefore, the Clerk will not reject an


41 January, 2018

Application for a stay of enforcement in the absence of s. 21 disclosure (though the Justice may require disclosure before considering the application).

15. The Practice Note 2 page limits do not apply to the Disclosure Statement and attached Schedules and disclosure. The Clerks have also been instructed to file the Disclosure Statement even if there are no tabs.

16. A Court of Queen’s Bench “Providing Financial Disclosure” Package has been prepared primarily for the assistance of self-represented litigants (both at the QB Clerk’s counter and for use by Resolution Services). It is available for everyone. It can be found at https://albertacourts.ca/docs/default-source/Family-Justice-Services/notice-to-disclose.pdf?sfvrsn=2

17. The current Notice to Disclose is not affected by this process.


Notice to the Profession and Public Civil and Family Case Management

NP#2016-03 June 27, 2016

ABBREVIATIONS

In this Notice to the Profession and Public, the following abbreviations are used:

Act: Court of Queen’s Bench Act, RSA 2000, c. C-31 ACJ: Associate Chief Justice CJ: Chief Justice CM: case management CMC: Case Management Counsel CMJ: Case Management Justice Rules: Alberta Rules of Court

MANAGING LITIGATION

Under the Rules, parties to litigation are responsible for managing their dispute and planning its resolution in a timely and cost-effective way: Rules 4.1 and 4.2. If a party or the Court is not satisfied that the parties are managing their litigation in accordance with the Rules, there are several options available under Rule 4.11: • a procedural Order; • a conference under Rule 4.10; • CM under Rules 4.12, 4.13 and 4.14; and • an Order for a specific direction or remedy.


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There are distinct differences between a conference under Rule 4.10 and CM under Rule 4.14. A conference under Rule 4.10 is a hearing with a representative of the Court to discuss issues and options that may assist the parties to manage or resolve their litigation or both. The CJ or the ACJ may direct or recommend a conference under Rule 4.10 before assessing whether or not a case requires CM or as an alternative to CM. A party may also file an application under Rule 4.10(3) requesting a conference. The conference may be with a Justice or, if directed, with CMC.

Unlike a conference under Rule 4.10, which is intended to provide short-term assistance with litigation management, CM involves the appointment of a CMJ under Rule 4.13 and takes place over a longer period of time, typically continuing until the issues in dispute between the parties have been resolved through settlement or at trial. CM may involve identifying issues, discussing resolution, making interim and procedural rulings, and creating and facilitating a litigation plan to move the matter to settlement or trial.

Neither a conference under Rule 4.10 nor the appointment of a CMJ under Rule 4.13 relieves parties of responsibility for managing their dispute and planning its resolution in a timely and cost-effective way as required by Rule 4.1.

On occasion, a Justice may seize himself or herself of a case for the purpose of dealing with a particular step or issue in the litigation. This is not the same as CM because the seized Justice has not been appointed as the CMJ by the CJ or the ACJ under Rule 4.13. If a Justice is seized of a case that requires ongoing involvement by the Court, the parties or the seized Justice should ask the CJ or the ACJ to appoint a CMJ, which may often be the formerly-seized Justice.

CASE MANAGEMENT

(a) Appointment of Case Management Justices

The decision of whether or not to appoint a CMJ to a case rests with the CJ or the ACJ: Rule 4.13.

CM is mandatory in the following cases: class proceedings (Rule 4.12(3)); cases involving civil juries (Rule 8.2(5)); and cases involving Family Law Practice Note 5. The CJ or the ACJ may also appoint a CMJ in other types of cases for one or more of the following reasons: • to encourage the parties to participate in a dispute resolution process; • to promote and ensure the fair and efficient conduct and resolution of

the case; • to keep the parties on schedule; and • to facilitate preparation for trial and scheduling a trial date.

In cases where the decision to appoint a CMJ is not mandatory, the CJ or the ACJ may consider one or more of the following factors in determining whether or not to appoint a CMJ:


43 January, 2018

• the case involves Family Law Practice Notes 7 or 8; • there are complex issues to be resolved; • there is a high level of conflict between the parties; • there have been numerous applications; • there are multiple parties; • the case has been in the Court system for an unduly long period of time

without resolution; • a Justice recommended CM or directed the parties to apply for CM; and • any other compelling reason.

To request a CMJ, parties must submit a request to the CJ or the ACJ under Rule 4.12 using the attached Request Form. Other parties to the case may advise the Court of their position on the request for a CMJ by submitting a response using the attached Response Form.

After considering the Request Form, and the Response Form where one is provided, the CJ or the ACJ will send a letter to the parties advising whether or not CM has been granted. If CM is granted, the CJ or the ACJ will appoint a CMJ. Once appointed, the CMJ may communicate with the parties setting out directions for the CM of the case, which may include: requiring agendas and other materials before CM hearings; setting filing and other requirements for CM hearings; establishing a process for parties to communicate with the CMJ; and, in some cases, requiring parties to obtain leave from the CMJ before filing any application.

In cases where the CJ or the ACJ has refused a request to appoint a CMJ, parties may still request or be offered a conference under Rule 4.10, or they may submit a new request for CM to the CJ or the ACJ based on new or better information.

(b) Role of Case Management Justices

Under Rule 4.14, a CMJ may: • order the parties to take steps to identify, simplify or clarify the real

issues in dispute; • establish, substitute or amend a complex case litigation plan and order

the parties to comply with it; • make an Order to facilitate a step in the case; • make an Order to promote the fair and efficient resolution of the case by

trial; • facilitate the parties’ efforts to resolve the case or any issue in the case

through a dispute resolution process other than trial; and • make any procedural Order that the CMJ considers necessary.

Unless the CJ, the ACJ or the CMJ directs otherwise, the CMJ must hear every application in a case that is under CM (Rule 4.14(2)). Parties must always obtain the CMJ’s approval to schedule an application before another Justice or in Chambers. Unless the parties and the CMJ agree otherwise, the CMJ will not hear an application for judgment by way of summary trial or preside at the trial of the case (Rule 4.15).


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The Rules and applicable Practice Notes and Notices to the Profession and Public continue to apply to parties whose cases are under CM unless the CMJ directs otherwise.

(c) Removal of Cases From Case Management

CM is intended to be a time-limited process with a definite end point. Cases will automatically be removed from CM at the conclusion of trial unless otherwise ordered.

CMJs may remove cases from CM at any time if they determine that CM is no longer required, for instance, if there has been no activity for an extended period of time.

If a case under CM settles or there is no longer a requirement for CM for any other reason, parties should contact their CMJ to request that the case be removed from CM.

After a case is removed from CM, parties who wish to return to CM must submit a new request to the CJ or the ACJ under Rule 4.12.

(d) Referral of Cases to Case Management Counsel

Cases are referred to CMC in two ways: (i) when appointing a CMJ, the CJ or the ACJ may direct parties to meet with CMC before meeting with the CMJ; and (ii) a CMJ may involve CMC in a case that is in CM. In some Judicial Centres, CMC may, at the request of a Justice and with the approval of the CJ or ACJ, conduct case conferences or otherwise become involved in cases that are not in CM.

Calgary CMC are primarily assigned to cases in the Judicial Centres of Calgary, Medicine Hat and Lethbridge, and Edmonton CMC are primarily assigned to cases in the Judicial Centres of Edmonton, Red Deer and Grand Prairie. CMC may also occasionally become involved in cases in other Judicial Centres with the permission of the CJ.

When directed to meet with CMC, parties may book hearings as follows: • for Edmonton, Grande Prairie and Red Deer Judicial Centres, at

http://www.albertacourts.ab.ca/court-of-queens-bench/assignments under “Edmonton Case Management Counsel Bookings”, or by

contacting the Edmonton CMC Assistant at [email protected] or at 780-643-0723; and

• for Calgary, Lethbridge and Medicine Hat Judicial Centres, by sending a request in writing, copied to all other parties, by regular mail to Calgary Courts Centre, Attn: Case Management Counsel, Suite 2401-N, 601 - 5 Street SW, Calgary, Alberta, T2P 5P7, or by facsimile transmission to 403-355-2405.

Parties scheduling hearings with CMC should do so with the consent of all parties. If all parties do not consent, parties may schedule hearings on proper notice to all parties. In circumstances where hearings are scheduled by CMC, notice shall be provided by CMC to all parties.


45 January, 2018

All CMC hearings are audio recorded but transcripts of CMC hearings are not available except when CMC is acting as a referee under Rules 6.44 – 6.46 or as permitted by the CJ, ACJ or CMJ.

(e) Powers and Duties of Case Management Counsel

The CMC Pilot Project announced in Notice to the Profession #2011-03 has ended. The powers and duties of CMC are continued by this Notice to the Profession and Public.

CMC are appointed pursuant to section 16.1 of the Act. They are Deputy Clerks of the Court under section 17 of the Act and Officers of the Court under section 18.1 of the Act.

CMC may perform all duties with respect to the CM of cases that are assigned to them by the CJ and by the Rules (section 16.2 of the Act). As documented in this Notice to the Profession and Public and pursuant to section 16.2 of the Act, the CJ has delegated to CMC the powers and duties set out below, which includes the authority to make directions, to make recommendations and to carry out certain other functions. These powers and duties are permissive and not mandatory.

(i) Directions

CMC may give directions regarding the following: (a) exemptions from procedural requirements imposed by Practice Notes

and Notices to the Profession and Public, such as: filing requirements; the Dispute Resolution Officer/Child Support Resolution Projects (Family Law Practice Note 4) and the Parenting After Separation course (Family Law Practice Note 1);

(b) all matters related to the conduct of CMC hearings, including scheduling and setting agendas for CMC hearings, adjourning CMC hearings and proceeding with CMC hearings in the absence of a party;

(c) adjournments of Court dates where all parties consent, except where the date was set by Court Order, or adjournments as directed by the CMJ; and

(d) waiving or postponing the payment of Court fees under Rule 13.32.

CMC may provide or confirm their directions to the parties in writing with a copy to the CMJ and the Court file.

(ii) Recommendations

CMC may make recommendations to parties regarding any matter in a case including: (a) narrowing or resolving issues; (b) scheduling and litigation plans, including deadlines for the completion

of steps in the litigation; (c) parties’ attendance at Court proceedings, including CMJ hearings and

CMC hearings;


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(d) procedures to select experts; (e) procedures to view, exchange and serve documents (other than

documents initiating a Court proceeding); (f) sharing of the costs of litigation steps; (g) procedures for obtaining leave of the Court; (h) issues to be addressed at CMJ hearings; (i) organization and page limits for materials to be served and filed for

CMJ hearings and other Court proceedings, where set by the Rules, Practice Notes or Notices to Profession and Public;

(j) discouraging unnecessary and/or inappropriate applications; (k) parties’ attendance or involvement in available services and procedures,

including dispute resolution processes; and (l) any other matter that may be assigned by the CJ, ACJ or CMJ.

(iii) Other Functions

CMC may perform the following functions: (a) conduct conferences under Rule 4.10; (b) act as a referee under Rules 6.44 – 6.46; (c) attend and participate in CMJ hearings; (d) schedule and set agendas for CMJ hearings with the approval of the

CMJ; (e) attend and participate in Judicial Dispute Resolutions when requested by

the CJ, ACJ or CMJ; (f) sign fiats as directed by the Court; (g) sign Orders under Rule 9.4(2); (h) facilitate the preparation of Consent Orders for presentation to the CMJ; (i) monitor and assist in the management of litigation; (j) provide litigation guidance to parties; and (k) vet applications and other materials to ensure parties are in a position to

proceed before the Court.


Notice to the Profession and Public Commercial Practice List

Electronic Documents and Bench Copies NP#2016-04 July 5, 2016

Effective August 1, 2016, all parties with matters booked on the Commercial Duty List are directed to provide:

(a) Courtesy hard copies; and


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(b) Electronic copies, in PDF form;

of all materials that the party intends to rely on – including copies of any materials filed in an earlier application, in the event that the party intends to rely upon those materials at the hearing – to the Commercial Coordinator in Calgary or Edmonton, with the electronic copies to the following email addresses:

In Calgary: [email protected]

In Edmonton: [email protected]


Notice to the Profession and Public New Duty Grid Pilot Project

NP#2016-05 September 1, 2016

Please be advised that the Court of Queen's Bench of Alberta is commencing a pilot project on September 6, 2016, that results in Family Law Chambers being held each morning and afternoon, Monday through Friday in Edmonton and Calgary. Additional details about the implementation of the pilot project in Edmonton and Calgary are provided below.

The pilot project is a recommendation from the Court's Workload Committee that will afford Queen's Bench Justices reading time for Family Law and other special applications. Questions or concerns regarding the pilot project may be forwarded to Chief Justice Wittmann (in Calgary) or Associate Chief Justice Rooke (in Edmonton).

In addition to changes to the scheduling of Family Law Chambers, as set out below, commencing September 6, 2016, all applications without notice (including consent orders) that fall within a Master's jurisdiction (including substitutional service orders in divorce actions) are to be brought before a Master in Calgary and in Edmonton, rather than in Justice Chambers.

Edmonton

At present, in Edmonton, two Family Law Chambers sittings are held each morning. Effective September 6, 2016 and until further notice, one Family Law Chambers sitting will be held each morning and afternoon, Monday through Friday.


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Emergency Protection Orders will continue to be heard at 9:30 a.m.

Morning Family Law Chambers will continue to commence at 10:00 a.m. and conclude when the morning list is complete (typically, no later than 12:00 p.m.)

Afternoon Family Law Chambers will commence at 2:00 p.m. and continue until the afternoon list is complete (typically, no later than 4:00 p.m.).

The lists will continue to be capped to prevent overrun.

Legal Aid Duty Counsel and Court Generated Order Clerks will continue to be present in both the morning and afternoon sittings of Family Law Chambers.

Counsel and self-represented litigants will have the option of attending either morning or afternoon sittings of Family Law Chambers.

If a Justice presiding in Family Law Chambers is disqualified from hearing a matter, he/she may direct the matter to be heard in the morning sitting of (Civil) Justice Chambers or by the Emergency Duty Justice in a courtroom to be assigned.

Calgary

At present, in Calgary, three Family Law Chambers sittings are held each morning. Effective September 6, 2016 and until further notice, one Family Law Chambers sittings will be held each morning and two (one self-represented and one for counsel represented matters) Family Law Chambers sitting will be held each afternoon, Monday through Friday.

Emergency Protection Orders will be heard daily at 1:30 in the same courtroom that Family Law Chambers are heard.

Commencing October 3, Emergency Protection Orders will be heard daily at 9:30 in the same courtroom that Family Law Chambers are heard.

Morning Family Law Chambers will continue to commence at 10:00 a.m. and conclude when the morning list is complete (typically, no later than 12:00 p.m.)

Afternoon Family Law Chambers will commence at 2:00 p.m. and continue until the afternoon list is complete (typically, no later than 4:00 p.m.).

Legal Aid Duty Counsel and Court Generated Order Clerks will continue to be present in the sittings of self-represented Family Law Chambers.

Litigants attending for self-represented chambers in the afternoon will be directed to attend at Duty Counsel’s office at noon in order to ensure that chambers can begin on time.

The lists will continue to be capped to prevent overrun.

If a Justice presiding in the morning sitting of Family Law Chambers is disqualified from hearing a matter, he/she may direct the matter to be heard in the


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Civil Law Chambers or by the Emergency Duty Justice in a courtroom to be assigned.


Notice to the Profession and Public Interim Expansion of Matters on the Commercial Practice List NP#2016-06 October 17, 2016

Commercial Practice Note 1 is located on the Court of Queen’s Bench of Alberta website, at:

https://albertacourts.ca/docs/default-source/Court-of-Queen's-Bench/commercial-practice-note-1-commercial-chambers-initiative.pdf?sfvrsn=2

As a result of recent developments in the Alberta economy, on an interim basis only, the scope of matters falling within the scope of Commercial Practice Note 1 is expanded to include:

• Norwich applications; • Mareva injunctions; • Anton Piller applications; • Freeze orders under the Civil Enforcement Act;


Notice to the Profession and Public Section 7 Orders and Enforcement

NP#2016-07 October 31, 2016

In May of 2016, in response to the Court’s decision in Fraser v Airhart, 2016 ABQB 136, the Maintenance Enforcement Program (MEP) issued a new policy for the enforcement of section 7 expenses under the Federal Child Support Guidelines and Alberta Child Support Guidelines.

In Fraser v Airhart, none of the child support orders at issue authorized specific section 7 expenses and they referred only to proportionate sharing. While noting


50 January, 2018

that judges and lawyers must be clear in drafting section 7 orders, MEP was found to have over-reached in deciding what expenses would be payable from a table of allowable expenses.

Under the new policy, MEP will continue to collect section 7 expenses where the court order or agreement provides that:

1. A party is to pay a fixed dollar amount for section 7 expenses (e.g. order states “…must pay $50 per month for section 7 expenses.”);

2. Parties are to pay a percentage or proportionate share of expenses and the order clearly specifies what expense are payable (e.g. order states “…each party must pay 50% of expenses for daycare, piano lessons, and orthodontic treatment.”);

If the court order or agreement requires the parties to pay a percentage or proportionate share of expenses for a child but does not specifically state what expenses are to be shared, MEP will not be able to enforce this term.

The new MEP policy is consistent with s. 13 (e) of the Guidelines, which provides that a child support order must include the following information:

(e) the particulars of any expense described in subsection 7(1), the child to whom the expense relates, and the amount of the expense or, where that amount cannot be determined, the proportion to be paid in relation to the expense . . .

MEP will no longer enforce section 7 orders that do not comply with section 13(e) of the Guidelines.

All section 7 orders granted by the Court, including consent orders and desk divorces, are impacted. Effective immediately, all section 7 orders should comply with s. 13 (e) of the Federal Child Support Guidelines and the Alberta Child Support Guidelines.

The Court will strictly enforce these requirements starting January 1, 2017.



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Notice to the Profession and Public Mandatory Early Intervention Case Conference Pilot Project

for Family Law Matters NP#2016-08 October 31, 2016

1. The Court has approved a pilot project for mandatory early intervention case conferences (EICC’s) in family law matters. The purpose of this Notice is to request feedback from the Family Law Bar on the proposed project. It is proposed that the project begin on September 1, 2017.

2. The goals in implementing this pilot project include reducing interlocutory applications (including special chambers applications), reducing the number of files that require case management, creating a culture of resolution and, for those matters that must go to trial, ensuring that they get to trial within a reasonable period of time.

3. Files will be diverted into the project from those files in regular family chambers that are being adjourned to special family chambers. Except for a short period prior to September 1, 2017 as explained below, this would not include matters that have already been scheduled for special family chambers prior to September 1, 2017.

4. In the interests of achieving consistency, there will be a roster of 8 Justices in Edmonton and 8 Justices in Calgary who will be responsible for selecting files for diversion into the project and for conducting the EICC’s. There will be training for the Justices on the rosters and for those Justices in Red Deer and Lethbridge who will be participating in the project.

5. The EICC pilot project will run for a period of 1 year beginning on September 1, 2017, only in the judicial centres of Calgary, Edmonton, Red Deer, Lethbridge, and Medicine Hat. In Edmonton and Calgary, 4 matters per week will be referred to the EICC pilot project from regular family chambers where those matters are proceeding to special family chambers and the Justice in regular chambers determines that it is an appropriate matter to be referred to a mandatory EICC. In Red Deer, Lethbridge and Medicine Hat, each centre will determine how many matters will be referred to the EICC pilot project from regular family chambers based upon the same criteria.

6. As the target date for implementation of the pilot project is September 1, 2017, it will be necessary for the EICC’s scheduled for September of 2017 to be selected from regular chambers in June, July, or August of 2017.

7. When a matter is directed to a mandatory EICC in regular chambers, the litigants will be provided with a letter setting out their scheduled EICC date (targeted to be within about 4 to 6 weeks) along with the EICC Summary form to be completed by both litigants. The letter will confirm the requirement that the EICC Summary form must be provided to the opposing party and to the Court 10


52 January, 2018

days prior to the scheduled EICC, with itemized consequences for failure to do so.

8. As disclosure is an integral part of the process, it will be necessary for the applicable disclosure to have been exchanged by the parties prior to the completion and exchange of the EICC Summaries in order to enable meaningful settlement discussions at the EICC.

9. EICC’s will take place in a courtroom and the parties must be present. The EICC will have two components to it – a procedural component, for which an Order may be made - and a settlement discussions component, which will be without prejudice. The EICC will be held “in camera”. A report will be completed by the EICC Justice and provided to the parties following the EICC. In addition, Counsel will be asked to prepare any procedural order arising from the EICC. Where neither party has counsel, use will be made of the Court Generated Orders Clerks to prepare any procedural order arising from the EICC.

10. The EICC’s will take place on one day each week, will be one hour in length, and will be scheduled at 9:30 am, 11:00 am, 1:30 pm, and 3:00 pm.

11. This pilot project will not interfere with the current scheduling of half hour case conferences pursuant to Rule 4.10. These will continue to be directed in regular chambers where appropriate but will not be part of the EICC pilot project. Those shorter case conferences will not be scheduled into the time slots reserved for the EICC’s.

12. All matters scheduled for Special Chambers, which are not resolved in, or as a result of, the EICC process, will continue to be heard as scheduled.

13. The proposed date for implementation of this pilot project is September 1, 2017. Input is requested from the Family Law Bar on this proposed pilot project and may be provided to Anderson, J or Yungwirth, J by not later than January 15, 2017 by letter or email to [email protected] or [email protected].


Notice to the Profession and Public Assignment of Calgary Case Management Justice

NP#2016-09 November 2, 2016

For the purposes of conducting all matters referred to in the Notice to the Profession and Public, Civil and Family Case Management, June 27th, 2016 pertaining to Case Management in Calgary only, I hereby appoint the


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Honourable Mr. Justice D. Blair Nixon as my designate to act on all Case Management matters in the Judicial Centre of Calgary required to be done by the Chief Justice pursuant to the Rules of Court or the June 27th, 2016 Notice to the Profession and Public, Civil and Family Case Management.

This designation is effective November 7th, 2016.


Notice to the Profession and Public Court Applications and Master’s Jurisdiction

– Revised November 25, 2016 NP#2016-10 December 8, 2016

This Notice repeals and replaces this Court’s Notice to Profession entitled “Court Applications and Master’s Jurisdiction – Revised July, 2015”. It eliminates the prohibition against Masters hearing applications in any matter after a Form 37 has been submitted, contained in the last sentence of that Notice.

Where possible, any application involving a matter that is within the Masters’ jurisdiction should be returnable before the Masters in Chambers, not a Justice of the Court of Queen’s Bench. In any Judicial Centre where Masters regularly sit, applications that are within Masters’ jurisdiction, and are nevertheless brought in Justice Chambers, will be removed from the Justice Chambers list and placed on the Masters’ list.

Section 9(1)(a) of the Court of Queen’s Bench Act provides that a Master in Chambers has the same jurisdiction as a Queen’s Bench Justice sitting in Chambers with some exceptions. At present, this means Masters may hear:

A. The following Alberta Rules of Court (“ARC”) based applications: 1. Procedural orders (ARC 1.4) 2. Curing non-compliance, or setting aside non-compliant actions (ARC 1.5) 3. Appointment of and set conditions relating to litigation representatives

(ARC 2.15 – 2.17, 2.21) 4. Approval of payments, settlements, discontinuances involving litigation

representatives (ARC 2.18-2.20) 5. Applications not to disclose last known address of client after lawyer

withdraws (ARC 2.29) 6. Directions for service of notice of automatic termination of lawyer (ARC

2.32(3), (4))


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7. Procedural order to correct and continue proceedings under an enactment (ARC 3.2(6))

8. Transfer of judicial centre (ARC 3.5-3.7) 9. Directing application of rules to proceedings brought by Originating

Application (ARC 3.10) 10. Conversion of Originating Application to Statement of Claim (ARC

3.12) 11. Extending time for service of Statement of Claim (ARC 3.26, 3.27) 12. Judgment against defendant who has filed and served a Demand of

Notice (ARC 3.34(6)) 13. Leave to enter default judgment against person represented by litigation

representative (ARC 3.36(2)) 14. Costs against defendant that filed but did not serve defence or demand of

notice (ARC 3.36(3)) 15. Judgment against defendant noted in default, including unopposed

assessment of damages (ARC 3.37) 16. Judgment against third party, including before judgment against a

defendant is satisfied (ARC 3.53) 17. Judgment on a counterclaim against a defendant who does not file a

Defence or Demand of Notice (ARC 3.60(2)) 18. Particulars (ARC 3.61(2)) 19. Amending pleadings, including extension of time to add third parties and

related costs (ARC 3.62-3.66) 20. Addressing significant deficiencies in claims (eg. striking pleadings,

affidavits, failure to comply with document production requirements) (ARC 3.68)

21. Refining claims and changing parties, including severing and consolidating actions (ARC Part 3, Division 6)

22. Litigation plans, including the classification of matters as standard or complex, associated procedural orders and Court assistance (ARC 4.4 – 4.11)

23. Security for costs (ARC 4.22, 4.23) 24. Permission to withdraw formal offer to settle, judgment in accordance

with accepted offer, costs if not addressed (ARC 4.24(4), 4.25, 4.26) 25. Delay and long delay applications (ARC 4.31, 4.33) 26. Request for continuation of an action stayed on transfer of interest of a

party (ARC 4.34(2)) 27. Modification of disclosure rules (ARC 5.3) 28. Appointment of corporate representative (ARC 5.4)


55 January, 2018

29. Production of documents and penalty for failure, and production from non-parties (ARC 5.11 – 5.13)

30. Non-application of deemed admissions relating to produced records (ARC 5.15(5))

31. Use of undisclosed records (except at trial) (ARC 5.16) 32. Questioning and undertakings, including costs of questioning, conduct

money, setting aside appointments, compelling attendance, use of transcripts and lifting the implied undertaking (ARC 5.17 – 5.20, 5.24, 5.25, 5.28, 5.31 – 5.33, 6.16 – 6.18, 6.38 – 6.39)

33. Timing and sequence for expert reports, questioning experts before trial (ARC 5.35, 5.37)

34. Defence initiated medical examinations (ARC 5.41-5.44) 35. Directions on filing applications (ARC 6.3) 36. Applications for electronic hearings (ARC 6.10) 37. Preservation of evidence for future use, obtaining evidence outside

Alberta and assistance to judicial authorities outside Alberta (ARC 6.21 – 6.22, 6.24)

38. Preservation/inspection/payment out/release of personal property/replevin/interpleader (ARC 6.25 – 6.27, 6.49, 6.51 – 6.53, 6.56, 6.59, 6.64 – 6.65))

39. Withdrawal of admission or denial, set aside Notice to Admit (ARC 6.37(6),(8))

40. Determination of an issue in advance of trial (ARC 7.1) 41. Judgment on admissions of fact or on records (ARC 7.2) 42. Summary Judgment (ARC 7.3) 43. Re-visiting entered and un-entered orders/ set aside default judgment

(ARC 9.15) 44. Renewal of judgment (ARC 9.21) 45. Satisfaction of judgment (ARC 9.22) 46. Enforcement of judgment against partner (ARC 9.23(3)) 47. Sale of property to collect fraud judgment (ARC 9.24) 48. Removal, storage and sale of personal property and abandoned goods

(ARC 9.27-9.28) 49. Questioning in aid of enforcement (ARC 9.29) 50. Foreclosure, including references from a Justice on appeal from

assessment of costs in foreclosure actions (ARC Part 9, Division 5) 51. Sale of Land under the Civil Enforcement Act (ARC Part 9, Division 6) 52. Reciprocal enforcement of judgments (ARC Part 9, Division 8)


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53. Extension of time to review lawyers’ accounts, location of review, enforcement of Review Officers’ decisions, reference (but not appeals) from Review and Assessment Officers, return of records to client (ARC 10.10, 10.12, 10.18, 10.20, 10.25,10.39)

55. Costs/reference to assessment/ penalty costs for non-compliance with rules, practice notes or court directions (ARC 10.31, 10.34, 10.49)

56. Service (substitutional, ex juris, validation, dispensing, setting aside, foreign process) (ARC Part 11)

57. Stays, extensions/reductions of time periods set by rules, order/ judgment or agreement (ARC 13.5(2))

58. Fiats to authorize court officers to do an act (ARC 13.28) 59. Directions for preparation and use of certified copies of original records,

filing and authenticating photographs, video recordings in place of transcript (ARC 13.29(1), 13.30(1), 13.31)

B. Applications under the Builders’ Lien Act, the Civil Enforcement Act, Condominium Property Act, Law of Property Act, Maintenance Enforcement Act, Land Titles Act, Residential Tenancies Act (excluding appeals from the Residential Tenancy Dispute Resolution Service).

However, Section 9 of the Court of Queen’s Bench Act mandates that Masters’ jurisdiction does not extend to: 1. Appeals, and applications concerning the hearing of appeals; 2. Applications to vary or rescind the order of a judge; 3. Stays following judgment after trial or hearing before a judge (unless all

parties consent); Trials; 4. A matter for which the Chief Justice has given a direction that a master is

not to exercise that jurisdiction; 5. Determinations of disputed questions of fact (unless all parties agree to

determination on affidavit evidence without viva voce evidence); 6. Any matters relating to criminal proceedings or the liberty of the subject

(except under the Maintenance Enforcement Act); 7. Applications for contempt; 8. Applications for injunctive relief (except for attachment orders under the

Civil Enforcement Act); 9. Applications for prerogative writs; 10. Anything by law that is required to be done by a judge.


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In addition, Masters may not hear applications in any matter in case management without the prior approval of the case management judge.


Notice to the Profession and Public Charter Applications in Criminal Cases

Including Section 11(b) Unreasonable Delay Applications NPP#2017-01 April 25, 2017

This Notice to the Profession applies to all criminal proceedings in the Court of Queen’s Bench of Alberta, but is subject to any order made by a judge in a specific criminal case. All references to a rule or rules in this Notice refer to the Court of Queen’s Bench of Alberta Criminal Procedure Rules (“the Criminal Rules”).

The purpose of this Notice to the Profession is to confirm and expand upon Criminal Rule 12 dealing with applications for a Charter remedy. In particular, this Notice is to ensure that s.11(b) applications before the Court of Queen’s Bench of Alberta are scheduled and conducted in a fair and effective manner.

In R. v. Jordan, 2016 SCC 27, the Supreme Court of Canada established a new framework for the consideration of unreasonable delay applications brought pursuant to s.11 (b) of the Canadian Charter of Rights and Freedoms. The decision included guidelines relative to cases that were already in the justice system prior to the release of the decision on July 8, 2016.

As set out in Criminal Rule 12, an application for a remedy based on an alleged violation of an accused’s rights under the Canadian Charter of Rights and Freedoms must be made in Form CC1 and in accordance with Division 1 of the Criminal Rules, except that the application and supporting documents must be served on the parties and the Court 7 days prior to the pre-trial conference or 60 days before trial, whichever is earlier, or as directed by the Court.

In the case of s.11(b) unreasonable delay applications, all such applications must be scheduled for hearing at least 60 days in advance of the trial so as to allow these applications to be determined well before the trial and, in most instances, before the date on which the parties must serve and file materials in support of other pre-trial applications.

If the s.11(b) application is allowed and a stay is granted, the court and the parties will have sufficient time to re-allocate the time that was set aside for the trial but which is no longer required. In such circumstances, the parties will be


58 January, 2018

spared the time and expense of preparing and filing materials for other pre-trial applications. If the application is dismissed, cases will be ready to proceed on their scheduled trial date. This is particularly important where a jury panel have been summonsed for the matter.

Part I: Scheduling of s. 11(b) Applications

A. Pre-trial Conference

1. Where the Defence intends to bring a s. 11(b) application, the Defence must do so at least 7 days before the pre-trial conference. Where the intention to bring a s. 11(b) application is not included in the CC7 form, and is not raised during the pre-trial conference, the Defence must provide written notice of this change in position to the Crown, any other co-accused, and the Queen's Bench Criminal Trial Coordinator in the applicable judicial district, and arrange for a further pre-trial conference as soon as practicable, as required under Part 3 of the Criminal Rules.

2. The Court may permit and/or direct that this pre-trial conference be conducted by teleconference.

3. The pre-trial conference judge will inquire about and discuss any matter that may promote a fair and expeditious hearing of the s. 11(b) application including, but not limited to, (i) the scheduling of the application; (ii) the parties’ positions as to the cause of any particular periods of delay in the case, including whether the delay is attributable to the Defence or to “extraordinary circumstances”, as defined in R. v. Jordan, and (iii) the materials required to be filed in support of the application.

4. If the assigned trial judge is not available to hear the Jordan application for whatever reason, the Chief Justice will appoint a case management judge to hear the application, pursuant to s. 551.1 of the Criminal Code.

B. Hearing of the s. 11(b) application

5. Unless otherwise directed by a judge, all s. 11(b) applications must be scheduled to be heard at least 60 days before the first scheduled day of trial or, where pre-trial applications are scheduled to be heard separately in advance of the trial, at least 60 days before the first scheduled day of pre-trial applications.

6. Before filing a s. 11(b) application, the Applicant must apply for the appointment of a s.551.1 Case Management Justice (see NP #2012-14) and a hearing date from the Court. Before seeking this date from the Court, the Applicant will be expected to consult with the Crown and any other accused to canvass all parties’ common available dates and a reasonable time estimate for the duration of the hearing of the application.

7. Unless otherwise directed by a judge, the materials in support of the application must be filed and served as follows:

a) The Applicant’s materials must be filed at least 21 days before the hearing of the application; and


59 January, 2018

b) The Respondent’s materials must be filed at least 7 days before the hearing of the application.

c) Any rebuttal material must be filed by the Applicant at least 2 days before the hearing of the application.

Part II: Supporting Materials in Charter Applications

A. Written Briefs

8. Unless otherwise directed by a judge, a written brief of argument is required from each party relative to all alleged breaches of s.11(b) of the Charter. The brief should not exceed 20 pages in length, unless otherwise directed. Written briefs in relation to all other alleged breaches of the Charter may be directed by the Court. Counsel are required to file joint books of authorities. Those portions of decisions specifically relied upon must be highlighted.

9. The filing deadlines prescribed in paragraph 7, above, apply to all Charter applications.

B. Transcripts

10. The Court wants to strongly discourage the filing of transcripts relative to each and every court appearance leading up to the s.11(b) application. The parties shall make all reasonable efforts to come to an agreement on the total delay to be considered in a particular case, as well as an agreement on the periods of delay attributable either to the defence or to “exceptional circumstances”, as defined in Jordan. Where the parties reach such an agreement, an agreed statement of fact shall be filed. In the absence of agreement, the parties are required to provide a clear statement of their position relative to these two periods of delay.

11. In transitional cases, (ie. cases with a charge date before July 8, 2016), the written material (brief or agreed statement of facts) should clearly attribute each period of time in the proceeding to one of the five categories of delay identified in R. v. Morin: (i) inherent time requirements; (ii) delay attributable to the accused/defence; (iii) Crown delay; (iv) institutional delay and (v) other reasons for delay). The parties shall make all reasonable efforts to come to an agreement on the time to be attributed to each of these categories of delay.

12. If transcripts of key appearances are required, only that portion of the transcript relating to discussions about scheduling, adjournments and the selection of the next court date need be provided. The party seeking to rely on a transcript is required to file it in conjunction with its other written materials.



60 January, 2018

Notice to the Profession and Public Duty Grid Pilot Project - September 5, 2017

NPP#2017-02 July 12, 2017

Please be advised that, further to consultation with the bar through the Canadian Bar Association and the Court’s town hall meetings, and to allow for additional slots for half-day Special Chambers Applications in Calgary, the Court of Queen's Bench of Alberta is making changes in Calgary only to the New Duty Grid Pilot Project (“the Project”) that commenced on September 6, 2016 and making some further adjustments to the scheduling of certain Family Applications. Additional details about the implementation of the pilot project in Edmonton and changes to the Project in Calgary are provided below. Notice to Profession NP2016-05 “New Duty Grid Pilot Project” is hereby repealed effective September 5, 2017.

In addition to changes to the scheduling of Family Law Chambers, as set out below, all applications without notice (including consent orders) that fall within a Master's jurisdiction (including substitutional service orders in divorce actions) must continue to be brought before a Master in Calgary and in Edmonton, rather than in Justice Chambers.

Edmonton One Family Law Chambers sitting will be held each morning and afternoon, Monday through Friday. Emergency Protection Order Reviews will continue to be heard at 9:30 a.m. Morning Family Law Chambers will continue to commence at 10:00 a.m. and conclude when the morning list is complete (typically, no later than 12:30 p.m.) Afternoon Family Law Chambers will commence at 2:00 p.m. and continue until the afternoon list is complete (typically, no later than 4:30 p.m.). The lists will continue to be capped to prevent overrun. Legal Aid Duty Counsel and Court Generated Order Clerks will continue to be present in both the morning and afternoon sittings of Family Law Chambers. Counsel and self-represented litigants will have the option of attending either morning or afternoon sittings of Family Law Chambers. If a Justice presiding in Family Law Chambers is disqualified from hearing a matter, he/she may direct the matter to be heard in the morning sitting of (Civil) Justice Chambers or by the Emergency Duty Justice in a courtroom to be assigned.

Calgary Effective September 5, 2017 there will be two Family Law Chambers sittings held each morning (one self-represented and one for counsel represented matters).


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Emergency Protection Order Reviews will continue to be heard daily at 9:30 in the same courtroom that Family Law Chambers are heard. Morning Family Law Chambers will continue to commence at 10:00 a.m. and conclude when the morning list is complete (typically, no later than 12:30 p.m.) Legal Aid Duty Counsel and Court Generated Order Clerks will continue to be present in the sittings of self-represented Family Law Chambers. Litigants attending for self-represented chambers will be directed to attend at Duty Counsel’s office at 8:15 a.m. in order to ensure that chambers can begin on time. All telephone applications in Morning Family Law Chambers will be heard at the end of the Chambers List. The lists will continue to be capped to prevent overrun. Interjurisdictional Support Orders/Confirmation Hearings will be heard on the second and Fourth Monday of every month, at 2 p.m. There will no longer be a scheduled “Uncontested Divorce” list for urgent uncontested divorces. Parties who require an uncontested divorce on an urgent basis must provide a letter to the divorce section setting out the reason for the request, which will be considered by the Justice reviewing uncontested divorce applications. Adoptions will be heard on the Second Monday of every month, at 2 p.m. The Speak To List for Family appeals will be heard on the second Monday of every month at 3 p.m., following Adoptions. The Child Support List will be heard on the first and last Monday of every month, at 2 p.m. All matters already booked at the time of the Notice will be heard on the dates booked unless the parties are contacted and advised otherwise.


Notice to the Profession and Public Family Practice Note 10

NPP#2017-03 October 11, 2017

Effective October 15, 2017, access to Court of Queen’s Bench court files in family law proceedings will be governed by Family Practice Note 10, which is located on the Practice Notes page of the Court of Queen’s Bench Alberta website, at the following link:


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https://www.albertacourts.ca/docs/default-source/Court-of-Queen's-Bench/family-practice-note-10.pdf


Notice to the Profession and Public Chief Justice and Associate Chief Justice:

Allocation of Administrative Responsibilities NPP#2017-04 November 9, 2017

The allocation of responsibilities resulting from the appointment of Chief Justice Mary T. Moreau in Edmonton, and the transfer of Associate Chief Justice John D. Rooke to Calgary, will be as follows:

Chief Justice Responsibilities:

The responsibilities of the Chief Justice will include:

Overarching authority over all matters relating to the Court of Queen’s Bench;

Day-to-day operational authority over all Judicial Centres in the Province with the exception of Calgary, Lethbridge, Medicine Hat and Drumheller, over which day-to-day operational authority is delegated to the Associate Chief Justice, as set out below;

Responsibility for all Canadian Judicial Council (CJC) conduct and complaint matters relating to the Alberta QB judiciary;

Responsibility for non-CJC conduct and complaint matters relating to the QB judiciary and support personnel directed to the Chief Justice or Associate Chief Justice originating from and relating to the QB judiciary and support personnel located in all judicial centres other than in Calgary, Lethbridge, Medicine Hat and Drumheller;

Primary responsibility for all communications with other Courts in the Province, the Attorney General of Alberta, her delegates and other Provincial Government ministries, the Attorney General for Canada, her delegates and other Federal Government ministries, and municipal governments.

Associate Chief Justice Responsibilities:

The responsibilities of the Associate Chief Justice will include:


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Day-to-day operational authority over the Judicial Centres of Calgary, Lethbridge, Medicine Hat and Drumheller;

Primary responsibility for non-CJC conduct and complaint matters directed to the Chief Justice or Associate Chief Justice originating from and relating to the QB judiciary and support personnel located in Calgary, Lethbridge, Medicine Hat and Drumheller, subject to the Chief Justice’s concurrence with final correspondence directed to complainants;

Subject to the authority of the Chief Justice, primary responsibility for Court-related initiatives/projects as assigned by the Chief Justice to the Associate Chief Justice with his concurrence from time to time.

Other:

Pending further review:

Civil case management assignment responsibilities in Calgary and Drumheller will remain with Justice Blair Nixon.

Criminal case management assignment responsibilities in Calgary and Drumheller will be assumed by Justice Earl Wilson, who is hereby designated to appoint case management justices under s.551.1 of the Criminal Code.

Civil and criminal case management assignment responsibilities in Red Deer will remain with Justice Monica Bast insofar as they relate to the assignment of local resident justices. If such assignment requires a non-resident justice, the case management application shall be directed to the Chief Justice.

Civil and criminal case management assignment responsibilities in Lethbridge and Medicine Hat will remain with Justice Dallas Miller insofar as they relate to the assignment of local resident justices. If such assignment requires a non-resident justice, the case management application shall be directed to the Associate Chief Justice;

In the event either of the Chief Justice or Associate Chief Justice cannot be contacted for guidance on an operational decision, the other is to be sought out. If neither the Chief Justice nor the Associate Chief Justice is available, the list manager or alternate list manager for the judicial centre involved is to be contacted and will have the authority to give guidance or make an operational decision.

Mary T. Moreau, John D. Rooke, Chief Justice Associate Chief Justice


64 January, 2018

Notice to the Profession and Public Summer Trial Sittings - 2018

NPP#2017-05 November 10, 2017

The Court continues to assess the ongoing need and demand for, and the Court’s ability to resource, Queen’s Bench summer trial sittings. Based on recent experience, and current resources, the following principles will apply to the summer of 2018 in Edmonton, Calgary and Regional Judicial Centres.

1) Summer trial bookings in Edmonton and Calgary will open up immediately with one justice being assigned each week to hear non-jury criminal and civil trials of five days or less (some longer trials may be permitted) throughout July and August.

2) Priority for summer bookings will be assigned to the following trials:

Criminal: Accused in custody on the charge(s) before the Court, serious situations of delay impacting R v Jordan, or situations where there is good reason for urgency (such as where special arrangements are required to accommodate witnesses).

Civil: Family law matters involving child-related mobility decision-making required before September school commencement; and any civil, non-family, matters where there is good reason for urgency (such as where special arrangements are required to accommodate witnesses).

Summer trial assignments for civil and criminal trials will require the prior approval (arranged through the pertinent Court Coordinator’s Office) of:

- the Chief Justice, or her designate, in the Judicial Centres of Red Deer and North;

- the Associate Chief Justice, or his designate, for Judicial Centres South of Red Deer; or

- for criminal trials in those judicial centres, the Queen’s Bench Edmonton Appearance Court (QBAC) or Calgary Appearance Court (CAC) Justice based on the above priorities.

Additionally, in Red Deer, Lethbridge and Medicine Hat, the Senior Resident Justice may give prior approval for one or more trials, using the above criteria.


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Criminal and civil matters not coming within the above priorities may be booked on an overbook basis on the understanding that these matters may be bumped.


Notice to the Profession and Public Enhanced Scheduling – Expanded Bookings

and Expedited Hearings NPP#2017-06 December 4, 2017

In an effort to respond to unacceptable lead times in scheduling matters arising (in part) from a lack of judicial resources, please be advised that the Court is enhancing scheduling Province-wide in the following ways, effective immediately:

Expanded Bookings

The Court is expanding the number of trial and special chambers bookings (where appropriate) in an effort to ensure that scheduled Court time is fully utilized.

All efforts will be made to accommodate matters proceeding as scheduled. As such, if a matter is scheduled, Counsel must be prepared to proceed.

From time to time, a matter may need to be rescheduled because of justice, courtroom, or clerk shortages. In these instances, a Supervising Justice may, without notice, set up a scheduling hearing with Counsel/parties to determine whether a matter will need to be rescheduled.

Expedited Hearings for Emergent Matters

Where resources are available, the Court will continue to consider scheduling emergent matters (i.e. where immediate loss or harm will result if the matter is not heard in a timely manner) on an expedited basis.

Parties may apply in writing to the Associate Chief Justice (for Calgary, Lethbridge, Medicine Hat and Drumheller matters) and the Chief Justice (for all other matters) for an Expedited Hearing, so long as:

1. All parties consent to proceed on identified expedited date(s) as specified; and

2. All parties undertake that they are, or will be, prepared and ready to proceed on the date(s) specified.


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Court Coordinators will schedule expedited hearings for parties who have received Chief Justice/Associate Chief Justice approval on a “first come, first served basis”. If scheduled, Court Coordinators will send out scheduling confirmations in writing. If applicable, the requirements of Rule 8.6(3) are satisfied upon the issuing of the scheduling confirmation from the Court Coordinators. Once scheduled, costs or other sanctions may be imposed upon parties who are not prepared and ready to proceed on the date(s) specified.

Questions or concerns with respect to any of these or other scheduling practices of the Court of Queen’s Bench may be expressed in writing to the Chief Justice or Associate Chief Justice.


Notice to the Profession and Public Court of Queen’s Bench of Alberta Criminal Procedure Rules

NPP#2017-07 December 13, 2017

Pursuant to ss. 482 and 482.1 of the Criminal Code, the Court of Queen’s Bench of Alberta has made the Court of Queen’s Bench of Alberta Criminal Procedure Rules.

The new Rules replace the Criminal Proceeding Rules (Criminal Practice Note 6, in force since February 1, 2014).

Coming into force

The new Rules enter into force on the date of publication in the Canada Gazette, December 13, 2017.

Repeals

With the coming into force of the new Rules, the following are repealed:

• Court of Queen’s Bench for Alberta Summary Conviction Appeal Rules, SI/2012-39.

• Rules Pursuant to Section 424 of the Criminal Code with Respect to Mandamus, Certiorari, Habeas Corpus and Prohibition as published in Part I of the Canada Gazette on July 13, 1968.

• Alberta Court of Queen’s Bench Rules Respecting Pre-Trial Conferences, SI/86-79.


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Modification of Existing QB Criminal Rules

The new Rules are substantively similar to the Criminal Proceeding Rules (Criminal Practice Note 6), with the following exceptions:

• Division 7 has been expanded to address the procedure for applications to seal and unseal Court files;

• Rule 24(2) now provides that the pre-trial conference report is to be “provided” to the court coordinator, as opposed to being “filed”, to reflect the actual practice; and

• Rules have been added to replace the above noted repealed rules.

The ordering and form of the Rules have changed as a result of translation and re-drafting in conjunction with the federal government. This, in turn, has affected the numbering of the Rules and some Forms.

As well, the new Rules are published in both official languages.

Modification of NPP#2017-01 and Form CC7

NPP#2017-01 (Charter Applications in Criminal Cases Including Section 11(B) Unreasonable Delay Applications) is modified to reflect the change in numbering of the Rules.

Form CC7 - Pre-trial Conference Report is modified to solicit information pertaining to Charter applications to stay proceedings under section 11(b).

Online Access to Rules and Fillable Forms:

https://albertacourts.ca/court-of-queens-bench/practice-notes

https://albertacourts.ca/court-of-queens-bench/publications-forms/criminal-proceedings-rules-forms


The Court of Queen’s Bench has issued a French language version of NPP#2017-07, which can be found online at: https://albertacourts.ca/court-of-queens-bench/announcements


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Notice to the Profession and Public High Potency Narcotics Protocol

NPP#2018-01 March 13, 2018

The Court of Queen’s Bench of Alberta adopts the following High Potency Narcotics procedures in all Queen’s Bench criminal proceedings effective immediately.

Purpose:

To take all reasonable steps to protect court personnel and users of court facilities from exposure to high potency narcotics by avoiding, whenever possible, the entry into court proceedings of exhibit evidence that contains or may contain, or may have come into contact with high potency narcotics, including fentanyl, carfentanil or similar toxic or dangerous substances (“HPN Exhibits”).

Practice Direction:

In any proceeding where a party intends to introduce evidence that contains or may contain, or may have come into contact with high potency narcotics (HPN) including fentanyl, carfentanil, or similar toxic or dangerous substances, then:

1. Before the start date of the proceedings in which the HPN exhibit evidence is to be introduced, the party proposing to introduce that evidence shall contact all other parties and:

i) endeavour to obtain their agreement to admit, for the purposes of the particular proceeding, that the HPN evidence contains the substance or substances alleged; or,

ii) endeavour to obtain their agreement, for the purposes of the particular proceeding, to the introduction of any proposed HPN evidence through statement of fact, expert report, photographs, and/or certificate of analysis.

2. Where no agreement is reached under 1 above, the party proposing to introduce the HPN evidence or an HPN exhibit shall, no later than 7 days before the start of the proceeding, bring an application before the Court to obtain leave of the Court to admit the HPN exhibit or exhibits into evidence at the proceeding.

3. In the event that the Court grants leave to admit HPN Exhibits into evidence, the HPN Exhibits shall be brought to the courthouse double bagged, sealed, and clearly labelled in accordance with policies established by Resolution and Court Administration Services, which may be amended from time to time, to ensure the safety of all court participants.


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4. The court clerk shall notify the court manager in the event that the HPN Exhibits are admitted into evidence.

This Notice to the Profession and Public is consistent with the Provincial Court of Alberta's Practice Direction 2018-ACC-01 issued effective March 1, 2018.


Notice to the Profession and Public e-Notice of Restricted Access Applications

NPP#2018-02 May 7, 2018

In order to increase compliance with the requirements of the Criminal Procedure Rules (Division 7, r 18) and the Alberta Rules of Court (Part 6, Division 4, r 6.32) with respect to notice to media of applications for orders restricting public access or publication, the Court has introduced an electronic procedure for the provision of such notice.

The procedure requires that counsel and individuals wishing to apply for a restricted access order must, in addition to filing an application with the Court, submit the online “Notice to Media of Application to Restrict Access” and present a print copy to the clerk when filing their notice of application as proof that they have given the required media notice. Members of the media and public who apply and are accepted for the subscription service will receive notices of all such applications by email.

The e-Notice of Restricted Access Applications forms are on the Court website at: https://albertacourts.ca/qb/resources/media/enotice-of-restricted-access-applications.

Questions or concerns may be directed to the Court’s Executive Legal Officer at [email protected], 403-297-5003, or the Court’s Privacy Counsel at [email protected], 780-415-8583.



70 January 1, 2019

Notice to the Profession and Public Family Resolution Project in Edmonton and Calgary

and Mandatory Pre-Trial Conferences in Family Matters in Calgary, Edmonton and Red Deer

Effective September 1, 2018 NPP#2018-03 June 20, 2018

The Court has approved:

a) an increase in Mandatory Early Intervention Case Conferences from 4 per week to 6 per week in Edmonton and Calgary, effective September 1, 2018; and

b) Mandatory Pre-Trial Conferences in some family matters in Calgary, Edmonton, and Red Deer, effective September 1, 2018.

Increase in Mandatory Early Intervention Case Conferences

Since the Court of Queen’s Bench Mandatory Early Intervention Case Conference (EICC) Pilot Project began on September 1, 2017 (NP#2016-08), the Court has been conducting 4 EICC’s each week, on matters referred into the project from regular family chambers.

Commencing September 1, 2018, the Court will be conducting 6 EICC’s each week. Two of the six EICC’s each week will be referred based on written request. That request may be made by completing the form entitled “Request for an Early Intervention Case Conference (EICC). In a Family Proceeding”, and providing it to the Case Conference Coordinator in the applicable city. The form is attached to this Notice and can also be found on the Alberta Courts website.

All requests will be considered by a designated Justice in each city. Written confirmation will be provided if the matter is accepted into the EICC project. Counsel must then appear in regular family chambers with the acceptance letter for the purpose of confirming the date for the EICC and to obtain an Order and an information package for each of the parties.

Mandatory Pre-Trial Conferences in Family Matters

Effective September 1, 2018, pre-trial conferences in family matters will be mandatory in Edmonton, Calgary and Red Deer, where one or both parties wish to schedule a trial date in the following circumstances:

1) all files where there are one or more self-represented litigants; and

2) all files that are being scheduled for trial for 3 days or more.

For those matters for which a mandatory pre-trial conference is required, a trial cannot be scheduled until after the pre-trial conference has taken place and the


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pre-trial conference Justice has confirmed that the matter is ready to be scheduled for trial.

This initiative does not apply to files under Case Management.

The objectives of the pre-trial conference will be as set out in Part A of Q.B. Family Law Practice Note 3. Part B, paragraph 6 of the same Practice Note will also apply.

The attached Family Pre-Trial Conference Summary must be completed and exchanged between the parties and provided to the Court seven (7) days before the pre-trial conference.

Mandatory Pre-Trial Conferences will take place in a courtroom and the parties must be in attendance. The Conference will be held “in camera”. The parties/Counsel will not have access to the digital recording or a transcript of the proceedings without leave of the Court.

The Justice who hears the pre-trial conference shall not be the Trial Judge unless Counsel and both parties agree in writing and the Justice agrees to hear the matter.

The pre-trial conference Justice may provide a memo concerning case management directions to the Trial Coordinator, the Trial Judge, and the parties (through Counsel where retained) in advance of the trial, but this document will contain no reference to any settlement issues or discussions.

Questions or concerns with respect to any of these or other initiatives of the Court of Queen’s Bench may be made in writing to the Chief Justice or Associate Chief Justice.


Notice to the Profession and Public Notice of Language Rights in Criminal Proceedings

NPP#2018-04 June 28, 2018

The language rights granted in Part XVII of the Criminal Code apply to all criminal trials: Criminal Code, RSC 1985, c C-46, ss 530-533. Section 110 of the North-West Territories Act, RSC 1886, c 50 [rep & sub 1891, c 22, s 18], which remains in force in Alberta, provides that either the English or the French language may be used by any person in proceedings before the courts, and applies to all proceedings commenced under federal legislation which are criminal in nature or which may involve penal consequences. Any individual accused of having committed a criminal offence may apply to have a trial or


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related proceeding (eg. judicial interim release) in English or French, or in both languages. Depending on the circumstances, such a request may be made at various points in the proceedings, including before the trial date is set or during a pre-trial conference in the Court of Queen’s Bench.

The Court must be apprised of any such request at the earliest opportunity in order to avoid unnecessary delay.

The Court of Queen’s Bench implemented a new procedure on June 1, 2018 to ensure that all accused have systematically been advised of the rights granted in Part XVII regardless of their name or apparent language preference. This will occur through written notices and signage, as well as oral questions in QBAC/CAC. The information about the language of trial will continue to be required as part of the pre-trial conference report under Form CC7. In the case of represented accused, Form CC2 will be amended to include a confirmation that the accused are aware of their rights under Part XVII.


Notice to the Profession and Public Calgary Commercial Duty List Matters being Heard

on the Edmonton Commercial Duty List NPP#2018-05 July 23, 2018

Due to increasing lead times in Calgary to have commercial matters heard on the Calgary Commercial Duty List, on a pilot project basis, matters scheduled on the Calgary Commercial Duty List may be heard by Justices on the Edmonton Commercial List. For such matters to be heard on the Edmonton Commercial Duty List, the following conditions must be met:

1. There is time available on the Edmonton Commercial Duty List;

2. The matter is urgent;

3. The matter would not require the Justice hearing the matter in Edmonton to case manage the action; and

4. The Co-Chairs of the Commercial Practice Steering Committee both agree that the matter should be heard on the Edmonton Commercial Duty List.

It is expected that counsel and parties would attend the Application in person in Edmonton unless leave to otherwise appear is obtained prior to the hearing of the Application.


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This pilot project will be in place from September 1, 2018 to June 30, 2019 and will be evaluated at that time.


Notice to the Profession and Public Assignment of Matters into Case Management:

Calgary and Drumheller Effective September 1, 2018

NPP#2018-06 July 24, 2018

Further to Notice to Profession and Public NPP#2017-04, dated November 9, 2017, “Chief Justice and Associate Chief Justice: Allocation of Administrative Responsibilities”:

Effective September 1, 2018, Civil and Family Case Management assignment responsibilities in the Judicial Districts of Calgary and Drumheller will be transferred from Justice Blair Nixon to Associate Chief Justice John D. Rooke.

Criminal Case Management assignment responsibilities in the Judicial Districts of Calgary and Drumheller will remain with Justice Earl Wilson, who has been designated to appoint Case Management Justices under s.551.1 of the Criminal Code.


Notice to the Profession and Public Handwritten Divorce Judgments Judicial Districts of

Calgary, Edmonton, Lethbridge and Red Deer NPP#2018-07 August 1, 2018

Effective September 1, 2018, the Court of Queen’s Bench will no longer accept Divorce Judgments in handwritten form in the Judicial Districts of Calgary, Edmonton, Lethbridge and Red Deer. Divorce Forms and instructions, including Divorce Judgments in fillable PDF form, are available on the Court of Queen’s Bench website at https://albertacourts.ca/qb/areas-of-law/family/divorce-forms.


74 January 1, 2019

Court form information coordinators are available to assist with locating court forms and providing information on when to use them and how to fill them out. More information on this service and locations can be found on the Resolution and Court Administration Services (RCAS) website, at: https://www.alberta.ca/rcas.aspx.


Notice to the Profession and Public Changes to Protection Order Processes

Effective September 1, 2018 NPP#2018-08 August 3, 2018

For all protection order applications, including review of emergency protection orders granted under the Protection Against Family Violence Act, the Applicant will not leave the courtroom/courthouse without a signed order.

As detailed below, template forms of order are available to assist the parties/Counsel and the Court. They are also available online at: https://albertacourts.ca/qb/areas-of-law/family/family-law-forms. Parties/Counsel are encouraged to complete draft orders using the template forms of order in advance of an application.

For those applications where there is no Counsel or a draft order has not been provided in advance of the hearing or cannot be provided immediately following the hearing, template forms of order will be available in the Courtroom for the Justice to complete and sign.

The Alberta Rules of Court include Forms for Restraining Orders With Notice (FL-31) and Restraining Orders Without Notice (FL-30).

For all review orders under the Protection Against Family Violence Act, including those cases where the original Emergency Protection Order is revoked and replaced with a Queen’s Bench Protection Order, the attached Review Order may be used by the parties/Counsel. The attached Revocation Order may be used by the parties/Counsel where the protection order is being revoked.

Where a protection order application is being scheduled for an oral hearing, in addition to the Review Order, the attached Emergency Protection Order Review Oral Hearing Order must be used by the parties/Counsel unless the Court orders otherwise.


75 January 1, 2019


Protection Against Family Violence Act

COURT FILE NUMBER Enter the Court File Number

COURT Court of Queen’s Bench of Alberta

JUDICIAL CENTRE Choose a Judicial Centre

CLAIMANT(S) Family Member Requesting Emergency Protection Order

RESPONDENT(S) Family Member that Claimant seeks protection from

DOCUMENT □ QUEEN’S BENCH PROTECTION ORDER □ CONFIRMATION ORDER □ ADJOURNMENT ORDER

PARTY FILING Court Generated Order THIS DOCUMENT

DATE ON WHICH ORDER WAS PRONOUNCED: Date

THE HONOURABLE JUSTICE: Enter name of presiding Justice

HEARD AT: Choose a Judicial Centre, ALBERTA

THE COURT has reviewed the evidence filed in support of this application;

UPON NOTING that an Emergency Protection Order was granted on Date by the Honourable Judge/Justice of the Peace Name of Judge or Justice of the Peace, of the Provincial Court of Alberta;

AND UPON: ☐ Hearing from the Claimant / Counsel / Duty Counsel for the Claimant; ☐ Hearing from the Respondent; ☐ Hearing from the Counsel / Duty Counsel for the Respondent; ☐ Hearing from the Respondent, who is requesting an adjournment for Enter time; ☐ Noting the Respondent having failed to appear, although properly served; ☐ Noting the Respondent having failed to appear, and not being properly served; ☐ The Claimant having failed to appear;

Clerk’s Stamp


76 January 1, 2019


1. The Emergency Protection Order referred to above is hereby:

☐ Adjourned for review by this Honourable Court at Date, time and address with the terms set out below to apply during the adjournment period.

☐ Adjourned for an Oral Hearing to Date, time and address with the terms set out below to apply during the adjournment period.

☐ Confirmed, as set out below.

☐ Revoked and replaced with this Queen’s Bench Protection Order.

2. The Respondent, Enter name of Respondent., is specifically restrained from being within 200 or other distance metres of:

a. the Claimant’s/family member’s residence: Enter address b. the Claimant’s/family member’s place of employment: Enter address c. the Claimant’s/family member’s other addresses: Enter address

or from being within 100 metres of the Claimant and family members anywhere else in the Province of Alberta.

3. The Respondent shall not communicate directly or indirectly with or contact the Claimant and the following persons:

List names

4. The Respondent is restrained from harassing, molesting, watching, following, telephoning, or otherwise interfering with or contacting the Claimant, either directly or indirectly, and either personally or by agent, anywhere in the Province of Alberta.

5. A copy of this Order shall forthwith be personally served on the Respondent.

6. On the Respondent being in breach of any of the terms of this Order, any Peace Officer is authorized to forthwith arrest the Respondent, and bring the Respondent, as soon as possible, before a Justice of the Court of Queen’s Bench of Alberta to show reason why there should not be a finding of civil contempt. However, the Respondent shall not be arrested unless the Respondent has previously been served with a copy of this Order, or if not served, is shown a copy of this Order by the Peace Officer and, on being given an opportunity to do so, does not then obey it.

7. In making an arrest under this Order, a Peace Officer is authorized to do anything necessary to carry out the arrest, including the use of as much reasonable force as may be necessary to make the arrest, and without warrant to enter any place where, on reasonable and probable grounds, the Peace Officer believes that the Respondent may be found.


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8. This Order is sufficient authority for the keeper of a correctional institution to hold the Respondent in custody pending appearance before a Justice of the Court of Queen’s Bench of Alberta.

9. This Order remains in effect up to and including the Date day of Month, 20Year, unless terminated or continued by order of this court.

10. Either party may apply to amend, vary, or strike out the within Order on providing notice to the other party 5 days or more before the date the application is scheduled to be heard or considered.

11. The Respondent shall not be in breach of the restraint provisions of this Order in the following circumstances:

a. Any contact between the Claimant and the Respondent through a third party for the purposes of arranging access or parenting time to the child(ren) named above shall not constitute a breach of this order.

b. Any custody, access or parenting time granted to the Respondent in relation to the children, and by Order of a court of competent jurisdiction granted hereafter shall not constitute a breach of this Order.

c. Any contact between the Claimant and the Respondent for the purpose of attending court, mediation, meetings with legal counsel present, or any contact required for legal proceedings shall not constitute a breach of this Order.

12. Additional terms of this Order: [Choose from below and initial]

a. ☐ A Peace Officer shall accompany the Claimant/Respondent to the residence at: Address on one (1) occasion, within seven (7) days to supervise the removal of personal belongings.

b. ☐ A copy of this Order is to be personally served upon the Respondent as soon as reasonably possible by a Peace Officer.

OR

☐ A copy of this Order shall be provided to Counsel / Duty Counsel for the Respondent by electronic mail or fax at the following address: Address

☐ An affidavit of service is not required as the Respondent’s Counsel was present in court when the Order was granted.

OR


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☐ A copy of this Order shall be provided to the Respondent by ordinary or electronic mail at the following address: Address or e-mail address

☐ An affidavit of service is not required as the Respondent was present in court when this Order was granted.

c. ☐ The Claimant is granted exclusive possession of the residence at: Address for Enter period of time

d. ☐ A Peace Officer is directed to remove the Respondent from the residence at: Address within Enter period of time

e. ☐ A Peace Officer shall seize and store the following weapons: List weapons

f. ☐ Add other terms as appropriate – see s. 4 Protection against Family Violence Act.

g. ☐ Rule 9.4(2)(c) is invoked.






CLAIMANT(S) Family Member Requesting Emergency Protection Order

RESPONDENT(S) Family Member that Claimant seeks protection from

DOCUMENT EMERGENCY PROTECTION ORDER REVIEW ORAL HEARING ORDER





Clerk’s Stamp


79 January 1, 2019

UPON this Emergency Protection Order coming for review this day;

AND UPON it appearing that the Respondent contests the evidence put forward by the Claimant in support of the Application for the Emergency Protection Order;

AND UPON Hearing the submissions by or on behalf of the parties;

AND UPON it appearing to the Court that there is a need for brief oral evidence as set out in this order;

IT IS HEREBY ORDERED THAT

1. An oral hearing is set in this matter for 1 hour at the Location, in a courtroom to be assigned commencing at Time on Date, where brief oral evidence may be heard on the following terms:

a. The reason that the oral evidence is needed is that the Respondent denies the allegations set out by the claimant in the application for the Emergency Protection Order or has a different version of the events.

b. The evidence of the Claimant at the hearing shall be the evidence set out in the sworn application form and as set out in the transcript of the proceedings before the justice of the peace or the provincial court judge.

c. The Respondent shall file an affidavit (the “Respondent’s Affidavit”) in response within 14 day of the date of this order and serve a copy of that affidavit on the Claimant. The Affidavit shall be no more than 8 pages.

d. The Claimant may file one short affidavit (the “Claimant’s Reply Affidavit”) within 7 days of receiving the Respondent’s affidavit addressing only those matters referred to by the Respondent in his/her affidavit. The Affidavit shall be no more than 5 pages.

e. No other affidavits or records may be filed and no other witnesses may be called without leave of the Court obtained, on notice, in advance of the hearing.

f. Other matters ordered are: Click here to enter other orders

g. At the hearing, the Respondent shall be entitled to cross examine the Claimant for a maximum total of 20 minutes and the Claimant shall be entitled to cross examine the Respondent for a maximum total of 20 minutes.

2. At the conclusion of the oral hearing, the justice may;

a. Revoke the emergency protection order,


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b. Confirm the emergency protection order or,

c. Revoke the order and grant a Queen’s Bench Protection Order.

3. If the parties reach an agreement on the issues in dispute prior to the scheduled hearing date, they shall immediately advise the Court.

4. Rule 9.4(2)(c) of the Alberta Rules of Court is applied.






CLAIMANT(S) Family Member that requested the Emergency Protection Order

RESPONDENT(S) Family Member the Emergency Protection Order is against

DOCUMENT REVOCATION ORDER





THE COURT has reviewed the evidence filed in support of this application;

UPON NOTING that an Emergency Protection Order was granted on Date by the Honourable Judge/Justice of the Peace Name of Judge or Justice of the Peace, of the Provincial Court of Alberta;

AND UPON:

☐ Hearing from the Claimant / Counsel / Duty Counsel for the Claimant; ☐ Hearing from the Respondent; ☐ Hearing from the Counsel / Duty Counsel for the Respondent;

Clerk’s Stamp


81 August, 2019

☐ Hearing from the Respondent, who is requesting an adjournment for Enter time;

☐ Noting the Respondent having failed to appear, although properly served;

☐ Noting the Respondent having failed to appear, and not being properly served;

☐ The Claimant having failed to appear;


1. The Emergency Protection Order referred to above is hereby revoked.


Notice to the Profession and Public Revised Family Practice Note 5 – Allegations of Sexual Abuse

Expansion to Calgary, Red Deer and Grande Prairie Effective November 1, 2018

NPP#2018-09 October 19, 2018

A revised version of Family Practice Note 5 will come into effect November 1, 2018. The primary effect of the revisions to Family Practice Note 5 are:

a) the expansion of the process set out in Family Practice Note 5, and the use of the Forms attached to that Practice Note, from the Judicial District of Edmonton to the Judicial Districts of Calgary, Grande Prairie and Red Deer; and

b) minor changes to the text of Family Practice Note 5 to confirm the existing practice in the Judicial District of Edmonton.

Family Practice Note 5 is posted on the Court of Queen’s Bench website, at: https://albertacourts.ca/qb/areas-of-law/family/practice-notes



82 August, 2019

Notice to the Profession and Public Revised Family Practice Note 7 – Interventions

Revised Family Practice Note 8 – Child Custody/ Parenting Evaluations Effective May 1, 2019

NPP#2019-01 March 11, 2019

New versions of Family Practice Note 7 – Interventions (FPN 7) and Family Practice Note 8 – Child Custody/Parenting Evaluations (FPN 8) will come into effect May 1, 2019.

Briefly summarized, the changes to FPN 7 and FPN 8 allow for desk applications for Interventions and Child Custody/Parenting Evaluations, and impose new deadlines for the ordering of parenting experts and scheduling applications, if to be dealt with by way of hearing, for Interventions and Child Custody/Parenting Evaluation applications. The new versions of FPN 7 and FPN 8 also include Forms for the FPN 7 Preliminary Intervention Order, the FPN 7 Intervention Order and the FPN 8 Evaluation Order.

Because the changes to FPN 7 and FPN 8 are substantial, parties and counsel are encouraged to review these Practice Notes in detail. They are posted to the Court of Queen’s Bench website at: https://albertacourts.ca/qb/areas-of-law/family/practice-notes.


Notice to the Profession and Public Update: Chief Justice and Associate Chief Justices

Allocation of Administrative Responsibilities NPP#2019-02 June 18, 2019

With the recent appointment of Justice Kenneth G. Nielsen as an Associate Chief Justice of the Court of Queen's Bench, please be advised that effective July 1, 2019:

1. All requests for civil and family case management, expedited hearings, R. 4.10 case conferences and privacy orders in the judicial centres of Calgary, Lethbridge, Medicine Hat and Drumheller are to continue to be directed to the attention of ACJ Rooke.


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2. All requests for civil and family case management, expedited hearings, R. 4.10 case conferences and privacy orders in the judicial centres of Edmonton (including Hinton), Red Deer and Wetaskiwin are to be directed to the attention of ACJ Nielsen.

3. All requests for criminal, civil and family case management, expedited hearings, R 4.10 case conferences and privacy orders in the regional judicial centres of Fort McMurray, Grande Prairie, St. Paul and Peace River/High Level are to continue to be directed to the attention of CJ Moreau.

4. While the supervising justices in the residential centres of Lethbridge/Medicine Hat and Red Deer/Wetaskiwin may assign matters listed in paragraphs 2 and 3 to resident justices in these judicial centres, non-resident judge assignments in these judicial centres will be made by the responsible Associate Chief Justice.

5. Calgary criminal case management assignments will continue under the supervision of Justice Earl Wilson then will be transferred when he takes supernumerary status in June 2019 to the Calgary Co-Chair of the Criminal Steering Committee, Justice William deWit.

6. Edmonton criminal case management assignments will be transferred to the supervision of the Edmonton Co-Chair of the Criminal Steering Committee, Justice Paul Belzil, until March 15th, 2020 when they will be transferred to the supervision of Justice John Henderson who will be replacing Justice Belzil at that time as Co-Chair of the Criminal Steering Committee.

Mary T. Moreau, Chief Justice

John D. Rooke, Kenneth G. Nielsen Associate Chief Justice Associate Chief Justice

Notice to the Profession and Public Enforcement of Mandatory Alternative Dispute Resolution

Rules 8.4(3)(a) and 8.5(1)(a) NPP#2019-03 July 2, 2019

Effective September 1, 2019, the Court will commence a one-year pilot project to lift the suspension of the enforcement of Rules 8.4(3)(a) and 8.5(1)(a) of the Alberta Rules of Court (“the Mandatory ADR Rules”). Notice to Profession NP 2013-01, which suspended the enforcement of the Mandatory ADR Rules, is hereby repealed, effective August 31, 2019.


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Enforcement of the Mandatory ADR Rules

The Mandatory ADR Rules will be enforced for all civil and family law actions scheduled after September 1, 2019.

In order to book a Judicial Dispute Resolution (“JDR”) for a civil action during the pilot period, parties will be required to complete an amended version of Forms 37 or 38 which will state, in place of paragraph 5(a) of Form 37 or paragraph 2 of Form 38, that the parties “will participate in at least one of the dispute resolution processes described in R. 4.16(1) to be completed prior to trial.” The filing fee will continue to apply. Parties who resolve their action can request reimbursement from the QB Clerk’s office of the portion of the fee paid over and above the basic $600.

Exemption from Form 37 and Form 38 Requirement for Family Law Actions

Family law actions will be exempt from filing Form 37 or 38 as a condition for accessing a JDR.

Exemption from Form 37 and Form 38 Requirement for Family Law Actions

Parties may apply under Rule 4.16(2) for an exemption from the requirement of conducting an ADR or JDR. In order to facilitate the adjudication of applications for exemptions, the Court is instituting a system of desk applications. A template form of Notice of Application and Notice of Response are posted to the Court’s website at https://www.albertacourts.ca/qb/areas-of-law/civil/forms. The Application must be served on all parties to the proceeding and must be accompanied by an Affidavit setting out the factual basis for the request for the exemption. In the event that an application for an exemption is brought, all other parties to the proceeding are required to file and serve a Response within 10 days from the date of service of the Application, indicating whether the responding party consents to the application or opposes it. In making the Application for an Exemption, or the Response to the Application, proof of service will be required. Parties opposing the Application are required to file and serve a supporting Affidavit. In addition to filing the Notice of Application and Notice of Response and supporting Affidavits, parties are directed to email these materials, on the date of filing to the email address at: [email protected].

The Justice reviewing the desk application may direct that the application for an exemption be heard in Civil or Family Law Chambers, as the case may be.


John D. Rooke, Kenneth G. Nielsen, Associate Chief Justice Associate Chief Justice


85 February, 2020

Notice to the Profession and Public Calgary Commercial Duty List Matters Being Heard on the

Edmonton Commercial Duty List NPP#2019-04 August 1, 2019

In response to continuing high volumes in commercial matters in Calgary, the pilot project announced by the Court in Notice to the Profession and Public NPP#2018-06, whereby matters scheduled on the Calgary Commercial Duty List may be heard by Justices on the Edmonton Commercial List, will be continued until further notice. For such matters to be heard on the Edmonton Commercial Duty List, the following conditions must be met:

1. There is time available on the Edmonton Commercial Duty List;

2. The matter is urgent;

3. The matter would not require the Justice hearing the matter in Edmonton to case manage the action; and

4. The Co-Chairs of the Commercial Practice Steering Committee both agree that the matter should be heard on the Edmonton Commercial Duty List.

It is expected that counsel and parties would attend the Application in person in Edmonton unless leave to otherwise appear is obtained prior to the hearing of the Application.



Notice to the Profession and Public Requests for Refund of Daily Trial Fees

NPP#2019-05 September 10, 2019

In order to ensure that scheduled trial time is used efficiently and to avoid trial continuations, both of which strain already limited court resources, parties will not be provided a refund of the $600 trial entry fee at any time after paid for entering a trial, nor will the daily trial fee for scheduled trial days be refunded, on


86 February, 2020

days where the trial does not sit. Refunds of the daily trial fee will only be provided when a trial settles in advance of the start date of the trial.

The clerk’s office and accounting department at the Court of Queen’s Bench will therefore no longer grant requests for a credit or refund of the daily trial fee that is charged when trials settle on or after the trial’s start date.



Notice to the Profession and Public Criminal Code S.525 Detention Review Process

New Forms CC4 and CC5 NPP#2019-06 September 27, 2019

In order to better align the Court’s detention review process under s.525 of the Criminal Code with the decision of the Supreme Court of Canada in R v Myers, 2019 SCC 18, the Court of Queen’s Bench has amended its Criminal Forms CC4 and CC5. These forms are located on the Court’s website at: https://albertacourts.ca/qb/areas-of-law/criminal/forms. These forms may be subject to further technical updates, and the Court will post updated versions of Forms CC4 and CC5 in the French language, to the same location, shortly.

A description of the s.525 Detention Review Process, and a flowchart illustrating that Process, are available on the Areas of Law - Criminal page of the Court’s website, at: https://albertacourts.ca/qb/areas-of-law/criminal.




87 February, 2020

Notice to the Profession and Public Case Conferences Prior to Case Management

in Civil and Family Law Matters NPP#2019-07 October 9, 2019

The Court of Queen’s Bench of Alberta is changing the way matters are assigned into case management. Given the current need to deploy our judicial resources in ways that reduce unacceptably long lead times to trial, requests for case management must be closely scrutinized to ensure that the appointment of a case management justice in a civil/family law matter is necessary to expedite resolution of matters by way of settlement or trial.

Effective October 1, 2019, Justices hearing Chambers applications will no longer refer matters to the Chief Justice or the Associate Chief Justice with a recommendation that the matter be placed under case management, unless case management is a requirement (for example, under Family Law Practice Note 8, civil jury trials and class action proceedings). Instead, Chambers Justices will direct parties seeking case management to request a Rule 4.10 Case Conference, in which the suitability of the matter for case management will be carefully assessed, along with the completion of a litigation plan and other alternative resolution processes. Following receipt of this direction from a Chambers Justice, counsel/parties may write to the Associate Chief Justice (ACJ Nielsen for Edmonton (including Hinton), Red Deer and Wetaskiwin and ACJ Rooke for Calgary, Lethbridge, Medicine Hat and Drumheller) or to Chief Justice Moreau for the other Regional Judicial Centres to request the assignment of a justice to conduct the case conference, supported by a proposed litigation plan. The Supervising Justices in Red Deer/Wetaskiwin and in Lethbridge/Medicine Hat may also direct matters to Rule 4.10 Case Conferences and assign matters into case management with resident Justices in those Judicial Centres.

Similarly, requests for case management, supported by a proposed litigation plan, made directly by parties or counsel to the Associate Chief Justice (ACJ Nielsen for Edmonton, Red Deer and Wetaskiwin and ACJ Rooke for Calgary, Lethbridge, Medicine Hat and Drumheller) or to Chief Justice Moreau for the other Regional Judicial Centres, will continue to be considered, but they may, at their discretion, order the parties to a Rule 4.10 Case Conference, where the suitability of the matter for case management will be assessed.




88 February, 2020

Notice to the Profession and Public Estate Litigation Early Intervention Pilot Project

NPP#2019-08 November 19, 2019

The Court of Queen’s Bench of Alberta will initiate a pilot project intended to facilitate the orderly conduct and early resolution of litigation in estate matters. Initially, this project will only be undertaken in the Edmonton and Calgary Judicial Centres and will apply to estates in respect of which a Form C1 or a Statement of Claim is filed after December 31, 2019.

The pilot project involves the following elements:

• A one-hour case conference before a Justice will be available to parties who have filed a Form C1 or a Statement of Claim relating to an estate.

• Parties requesting a case conference must submit their request in writing to the Court Coordinator in Calgary or Edmonton, as applicable. It is sufficient if this request is sent by letter by one of the parties, provided all parties receive a copy of the letter.

• The request should provide a brief summary identifying the parties and the issues and providing the mutual available dates of all parties and their counsel for the case conference.

• If all parties consent to the request, the Court Coordinator will proceed to schedule the case conference. If consent of all parties has not been obtained, the Court Coordinator will place the request on the hearing list for upcoming Adult Guardianship and Trustee Act Applications (Represented Adult Chambers). Parties who oppose the request for a case conference must attend that hearing, either in person or by counsel. A party consenting to the request for a case conference need not attend, provided at least one party consenting to the case conference attends, either in person or by counsel, and has been authorized by any other party consenting but not attending to make representations on their behalf regarding the holding of a case conference. Any parties who reside outside of Calgary or Edmonton, as the case may be, may arrange to participate by telephone.

• The presiding Represented Adult Chambers Justice will decide if a case conference is warranted. Matters which the presiding Justice directs to a case conference will be heard on a date scheduled by that Justice for the conduct of Estate Litigation Early Intervention Case Conferences.

• The parties will be at liberty to take additional steps in the litigation prior to the appearance in Represented Adult Chambers or at the case conference. If, after a Form C1 or Statement of Claim is filed, additional filings are undertaken, the parties must ensure that copies of all such filed material are delivered to the Justice assigned to conduct the case conference no later than


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noon on the Friday before the week in which the case conference will be held.

• The case conference will seek to:

1. Clarify the issues requiring resolution;

2. Explore the possibilities for a non-Court imposed resolution;

3. Identify the appropriate forum (special application, summary trial or regular trial) in which to secure a Court imposed resolution if a non-Court imposed resolution is not feasible;

4. Establish the nature of the evidence which will be provided (affidavit and/or viva voce evidence); and

5. Explore the extent to which counsel have discharged their duty, pursuant to s.4 of the Wills and Succession Act, SA 2010 cW-12.2: (a) to discuss with their client alternative methods of resolving the matters that are the subject of the application, and (b) to inform their client of collaborative processes, mediation facilities and other justice services known to the counsel that might assist the parties in resolving these matters.



Notice to the Profession and Public Collaborative Law Process and Case Management/ Resolution Counsel Meetings as Qualifying Forms

of Alternative Dispute Resolution NPP#2019-09 December 5, 2019

Rule 4.16(1)(d) of the Alberta Rules of Court permits the Court to designate a program or process a “dispute resolution process” for the purpose of Rules 8.4(3)(a) and 8.5(1)(a) (“the Mandatory ADR Rules”).

A Collaborative Law Process is hereby designated a dispute resolution process for the purpose of Rule 4.16(1) and the Mandatory ADR Rules if it meets the following criteria:


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• Each party must be represented by a lawyer who has agreed to conduct a Collaborative Process meeting the standards established by the Collaborative Divorce Alberta Association (“CDAA”) and whose representation terminates upon the undertaking of any contested court proceeding;

• The parties have signed a Participation Agreement in a form approved by the CDAA and/or a Regional Association of Collaborative Divorce Professionals recognized by the CDAA;

• The parties have agreed, in the Participation Agreement, that they will attempt to resolve all outstanding family law issues through the collaborative process.

Rule 8.4(3)(a)(i) requires that parties requesting a trial date must provide a certificate that the parties have participated in at least one of the dispute resolution processes described in Rule 4.16(1). For the purpose of Rule 8.4(3)(a)(i), it will be sufficient for parties to provide a letter from the lawyers engaged in the collaborative law process, certifying that the parties have engaged in a process that meets the foregoing criteria, and have used good-faith efforts in their negotiations to reach a mutually acceptable settlement.

In appropriate circumstances, a meeting or series of meetings with the Court of Queen’s Bench Case Management/Resolution Counsel may also be a “dispute resolution process” for the purpose of Rules 8.4(3)(a) and 8.5(1)(a). The parties may, by consent, request Case Management/Resolution Counsel to certify by letter that the parties have demonstrated the necessary good-faith efforts to reach a mutually acceptable settlement of all outstanding family law issues and have thereby met the requirement for Mandatory ADR.



Notice to the Profession and Public Expedited Dates for Family, Civil and Surrogate Law Hearings NPP#2020-01 January 28, 2020

1. This Notice to the Profession and Public confirms the requirements for seeking expedited dates in family, civil and surrogate law hearings (including Special Chambers applications and trials) in any judicial centre in the Province of Alberta.


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2. Expedited dates are available only in cases where the Court accepts there is a strong prima facie case that serious consequences to persons or harm to property may arise if the hearing does not proceed on an expedited basis.

3. Whether or not a strong prima face case exists will be determined by the Chief Justice or designated Associate Chief Justice or their delegates (including Regional Supervising Justices in regional court centres1).

4. No counsel or a party should request an expedited date from a Court staff member or from a Justice not delegated to approve such dates. Consent of the parties alone will not suffice for the ordering of an expedited hearing.

5. Any request for an expedited date must be made in writing to the Chief Justice, Associate Chief Justice, or their appointed delegate. Copies of any request for an expedited date in a regional court centre shall be directed to the Regional Supervising Justice.

6. Subject to any order, any such requests must be on notice to all parties to the matter.

7. All requests must:

a. Include any filed application/cross-application, sworn evidence, and, if applicable, filed or proposed oral hearing order pursuant to Notice to the Profession and Public NPP 2014-02;

b. Comply with applicable civil, family or surrogate law Practice Notes particularly regarding pre-hearing steps, failing which the request must include proposed detailed alternate dates for steps leading up to the requested expedited date;

c. Specify the parties’ agreement, if any, regarding the time required for the hearing, with or without oral evidence;

d. Provide all parties’ detailed availability for an expedited date.

8. This notice does not dispense with the obligations of counsel or parties to confirm that necessary forms have been filed and that any necessary hearing fees have been paid.



1 Drumheller, Hinton, Fort McMurray, Grande Prairie, Lethbridge/Medicine Hat, Peace River/High Level, St. Paul, Red Deer/Wetaskiwin.

Alberta Rules of Court Court of Queen’s Bench Volume 2 Civil Practice Notes

1 September, 2012

Court of Queen’s Bench of Alberta Civil Practice Note No. 1

Applications Without Personal Appearance March 1, 2011

A. Applications without Personal Appearance and Consent Applications

As contemplated by R. 6.9(1)(c), a party may apply for applications without notice or Consent Orders without personal appearance. Applications so made will be placed before a Judge by the Clerk and returned by the Clerk to the party with the Order signed or a note setting forth the grounds for rejection. The following practice rules will apply to such applications:

1. In this Practice Note, “Duty Judge” means a judge designated by the Chief Justice as a duty judge for the appropriate day or week as the case may be.

2. Where in this Practice Note reference is made to a Judge, such reference includes a Master with respect to any matter that is within his or her jurisdiction.

3. The parties will file the usual material in support of the application, together with the application form and any other materials that the parties wish to put before the Court, with the Clerk or his or her designate in the Judicial Centre in which the application should be made according to the Rules.

4. The materials should be securely bound together.

5. When the application is made at a Judicial Centre at which a Judge is not then sitting, the Clerk will, on request of the party, forward the material to a Duty Judge sitting in another Judicial Centre.

B. Contested Electronic Applications

A party may apply to a Duty Judge, or another judge as may be arranged by the Clerk, on notice for an application to be dealt with at an electronic hearing in accordance with R. 6.10.

The following practice will apply:

6. The appropriate Judicial Centre for these applications is the Judicial Centre in which the application should be made according to the Rules.

7. All material normally filed in respect of an application shall be filed in the usual way. Material filed will, unless otherwise directed by the hearing Judge, be faxed by the Clerk to the Judge to be available for the hearing.

8. The Clerk shall originate the telephone call at the appointed time.


2 September, 2012

Application Without Notice

(Pursuant to Civil Practice Note #1)

Q.B. action # Date

Style of Cause:

vs.

Applying for Order/Fiat:

Name of Applicant/Solicitor:

Contact information/Name of Firm

Applicant’s submissions:

Judges/Masters Comments:

Judge/Master: Date:

Granted Signed Not Granted


3 January, 2018


Special Applications January 20, 2017

1 (a) Reference in this Practice Note to the Special Applications Clerk means such court official(s) as the court clerk shall designate to handle Special Applications.

(b) A Special Application is a contested application before a judge or master other than a family law matter likely to take longer than 20 minutes to argue but not longer than a half day. Matters likely to require more than a half day for argument before a judge shall be filed in accordance with Part 8: Trial, and when before a master shall be set down on application to a master.

2. Pursuant to R. 6.11(1)(g), viva voce evidence may be adduced on the hearing of a Special Application only with the prior leave of the Court on notice, if appropriate, to the other parties involved.

3. Hearing times for Special Applications will be assigned on request by the Special Applications Clerk.

4. When filing an Application for a Special Application returnable on the assigned date, counsel filing it shall indicate an estimate of the time required for argument.

5. Counsel applying for adjournment of regular applications to Special Applications or to Trial should first obtain a hearing date from the Special Applications Clerk. Thereafter, counsel should apply for the adjournment and advise the Special Applications Clerk forthwith on the granting of the adjournment.

6. If an application in respect of which an Application has been previously filed and served is adjourned to an assigned date, the Applicant’s counsel must forthwith serve all interested parties with written advice of the fact that the matter has been converted to a Special Application and give the assigned date. If no previous Application has been filed and served, the Applicant’s counsel must forthwith file the materials required by R. 6.3 and serve a copy of all filed materials on all interested parties, returnable on the assigned date.

7. (a) If the Applicant’s brief required pursuant to para. 8 is not filed in time, the application will be struck automatically. The Special Applications Clerk may then replace the struck matter with another application which does comply with the filing requirements.


4 January, 2018

(b) If a Respondent’s brief required pursuant to para. 8 is not filed in time, the application may proceed and the Court may order costs against the Respondent, or impose such other penalty as is deemed appropriate.

(c) If an Applicant wishes an application reinstated which has been struck because of non-compliance with the filing requirements and no other matter has been scheduled in its place, and in any Special Application in which the Respondent wishes to file a brief late, an application may be made for leave to reinstate or to file late.

8. (a) Short and concise written briefs by all parties must be filed with the Special Applications Clerk as hereinafter set forth.

(b) The brief of the Applicant must contain a written summary of the relevant facts involved in the application and the main points of law that will be argued. The brief of the Respondent will respond in like manner.

(c) Counsel should only reproduce those authorities that are expected to be referred to on the application, and should not reproduce a full authority when a headnote or extract will suffice. Any portions of authorities which counsel intend to rely on shall be hi-lighted.

9. (a) The Applicant’s Application, Affidavits, brief and authorities must be filed with the Special Applications Clerk and served on the Respondent(s) at or before 4:00 p.m. on the third Friday before the week in which the assigned hearing date falls. A Respondent’s brief and authorities must be filed with the Special Applications Clerk and served on the Applicant at or before 4:00 p.m. on the second Friday before the week in which the assigned hearing date falls;

(b) If the Friday on which a brief and authorities are required by this paragraph to be served is a holiday, the filing and service of the brief and authorities must be done the day before the holiday.

10. Applications for adjournment after the Applicant’s brief has been filed should be made to the judge or master assigned to the application or, in the absence of or failing the assignment of that person, to another judge or master.

11. Notwithstanding paragraph 10, an adjournment sought more than 3 weeks prior to an assigned hearing date may, with the prior agreement of all parties, be obtained by telephone from the Special Applications Clerk but must be confirmed by fax or by letter, copied to all other counsel.

12. Without leave of the judge or master assigned to the application or, in the absence of that person, another judge or master, counsel may not rely on briefs filed in respect of previous applications in lieu of new briefs, or file


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supplemental briefs or other materials after the deadline for filing and service of the party’s materials set out in paragraph 9.


National Database of Class Proceedings March 1, 2011

The Canadian Judicial Council has endorsed the recommendation of the Uniform Law Conference of Canada for the creation of a Canadian Class Proceedings Database to facilitate the exchange of information about multi-jurisdictional class proceedings. The Canadian Bar Association has announced a pilot project to establish such a Database and this Practice Note is issued to support the initiative.

Similar Practice Notes or Directions have been issued in British Columbia, Quebec and Ontario, and it is anticipated that similar procedures will be implemented across the country and that lawyers and members of the public will be able to search the Database to obtain information about class action proceedings that have been commenced in any jurisdiction in Canada.

For existing class proceedings, within 60 days of the effective date of this Practice Note, and for new class proceedings, within 10 days of service or filing, whichever is earlier, a copy of any:

1. Statement of Claim issued under the Class Proceedings Act, S.A. 2003, c. C - 16.5; or

2. Application for certification (not including affidavits in support); or

3. Amendments to the foregoing,

must be sent electronically by plaintiff’s counsel to the National Class Action Database of the Canadian Bar Association at the following address:

National Class Action Database Canadian Bar Association E-mail: [email protected] Web-site: www.cba.org/classactions

A registration form must be used when submitting documents to the National Class Action Database, with data entered electronically. A copy of this registration form may be obtained online through the above e-mail or web-site. Please be advised that PDF is the preferred format for documents; however, MS Word documents will also be accepted.


6 January, 2018


Guidelines for the Use of Technology in any Civil Litigation Matter

March 1, 2011

1. INTRODUCTION

1.1. This Practice Note provides guidance to parties in the use of Technology for the preparation and management of civil litigation in the Court and a Court approved framework for managing both Hard Copy and electronic Records in a Technology environment.

1.2. Parties requiring further information or assistance in the appropriate use of Technology in civil litigation in the Court are encouraged to contact the eCourt Co-ordinator by email to [email protected].

1.3. Further information can also be found on the Court’s website at http://www.albertacourts.ab.ca under the Litigation Technology link where particular guidance with respect to the collection and management of Electronic Material in civil litigation is provided.

1.4. The Court may issue further Practice Notes about such matters as electronic filing and electronic service of Court Documents. Parties are encouraged to refer to the Court’s website at http://www. albertacourts.ab.ca for current information on these matters.

1.5. This Practice Note comes into force on March 1, 2011, unless otherwise agreed by the parties to apply this Practice Note in whole or in part, for matters initiated prior to this date.

1.6. Definitions

1.6.1. Technical terms used in this Practice Note are defined in Appendix 4 – Glossary of Terms. A term which is so defined is indicated by the use of bold italics underlined and is hypertext linked in the electronic version of this Practice Note.

1.6.2. In this Practice Note a reference to a rule is a reference to that rule in the Alberta Rules of Court.11

1 Alberta Rules of Court, A.R. 124/2010


7 September, 2012

1.7. Appendices Attached to and forming part of this Practice Note are:

Appendix 1 A checklist of Technology matters which parties may use to identify technical options and issues that may arise at various stages of the proceedings.

Appendix 2 A sample discoverable document which identifies the type of information to be captured in the Fields to be used for the description of documents in accordance with the Default Standard for a schedule to an Affidavit of Records pursuant to Rule 5.6;

Appendix 3 Guidelines showing how the default Fields should be populated and suggesting possible additional Fields for the description of Discoverable Records in a Database.

Appendix 4 Glossary of Terms.

2. APPLICATION OF THE PRACTICE NOTE

2.1. In the event of a conflict between this Practice Note and the Alberta Rules of Court, the Alberta Rules of Court apply.

2.2. This Practice Note, in whole or in part, applies to any civil proceeding:

2.2.1. where the parties agree it will apply and sign a Protocol; or

2.2.2. where the Court orders.

2.3. Parties are encouraged to adopt this Practice Note in a proceeding where one or more of the following apply:

2.3.1. a substantial portion of the Potentially Discoverable Records consists of Electronic Material;

2.3.2. the total number of Potentially Discoverable Records exceeds 1,000 Records, or is more than 3,000 pages;

2.3.3. there are more than three parties to the proceeding;

2.3.4. if the matter is likely to be more than a 10 day trial as specified in the E-Appeals Practice Note (Court of Appeal Practice Note (June 17, 2004) Part K, Electronic Appeals).; or

2.3.5. the proceedings are multi-jurisdictional or cross-border.


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2.4. Before any party seeks relief from the Court with respect to the use of technology in the proceeding, the parties should use best efforts to reach an agreement to use some or all of the provisions of this Practice Note or another agreed Protocol.

2.5. Parties should consider the ways in which the use of Technology might lead to the more efficient conduct of the litigation and, in particular, to its application and use in:

2.5.1. delivering Court Documents to another party;

2.5.2. communicating with another party;

2.5.3. providing copies of Records to another party; and

2.5.4. preparing an electronic Agreed Exhibit Book for trial or hearing of a proceeding.

2.6. This Practice Note does not apply to Standard Cases under Part 4 of the Rules unless the parties consent.

2.7. In a proceeding to which this Practice Note applies, the Court may, on application by a party:

2.7.1. order that the proceeding or certain steps in the proceeding be conducted using Technology;

2.7.2. where a party is not reasonably able to access Records produced by another party, order that such other party take steps to enable access to Electronic Material produced by that party;

2.7.3. resolve disputes between the parties as to matters that are the subject of this Practice Note, and give directions accordingly;

2.7.4. order that there be an Electronic Trial of the proceeding;

2.7.5. amend, vary or revoke any order previously made under this Practice Note; or

2.7.6. make any other order that it considers appropriate.

2.8. An order for the Electronic Trial of a proceeding may include any or all of the following orders:

2.8.1. that Court Documents and other Records be delivered to other parties in electronic form;

2.8.2. that Court Documents be delivered in electronic form for the Trial Record;


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2.8.3. that there be an electronic Agreed Exhibit Book;

2.8.4. that there be a restriction upon the use of Hard Copy Records at trial; and

2.8.5. any other Order that the Court considers appropriate.

3. COSTS

3.1. The reasonable costs incurred in complying with this Practice Note, including the expenses of retaining or utilizing necessary internal and external consultants, are considered costs within the meaning of Rule 10.31(1).

3.2. Where this Practice Note applies, and a party incurs disbursements for work undertaken that is not in accordance with the Default Standard or an existing agreed Protocol or a Court ordered Protocol, then these will not be treated as costs within the meaning of Rule 10.31(1)(a), unless otherwise ordered by the Court.

4. DEFAULT STANDARD and AGREED PROTOCOL

4.1. The Court expects that, in all proceedings to which the Practice Note applies, in which the parties are unable to reach agreement on an agreed Protocol, the parties will comply with the following Default Standard, subject to amendments by order of the Court or further agreement by the parties:2

4.1.1. the following formats are the default for the delivery of Court Documents, to another party:

Record Format

Court Documents Other than those listed below

PDF - (Image only format)

Lists or schedules of Discoverable Records under Rule 5.6

Tab Delimited ASCII file

Record of Pleadings PDF – (Image only format)

Index for the Agreed Exhibit Book and the Record of Pleadings (if appropriate)

Tab Delimited ASCII file

2 See Appendix 1 for other options for an agreed protocol


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4.1.2 the following formats are the default for the Fields for a list or schedule of Discoverable Records:3

Field Data Type Length of Field

Record ID Alpha/numeric AAA000000

Date Date YYYY-MM-DD

Record Type Text 254 Characters

Author / [Author Organization]

Text Unlimited

Recipient / [Recipient Organization]

Text Unlimited

4.1.3. the default fields do not apply to documents over which privilege is claimed:

4.1.4. the following format is the default for imaged Discoverable Records:4

Single page TIFF (CCITT Group 4) with a resolution of 300 dpi

4.1.5. the following format is the default for printable Electronic Material:

Single page TIFF (CCITT Group 4) with a resolution of 300 dpi

4.1.6. For all other Electronic Material please refer to Special Considerations in Appendix 1

4.2. If a party to whom this Practice Note applies wishes or needs to depart from the Default Standard, it should seek agreement from all other parties to an agreed Protocol. In an agreed Protocol, the parties are free to modify any Field or format so long as the Data so produced and material referred to in 4.1 meets the minimum standards required by the Court and described in the Default Standard.

4.3. In creating an agreed Protocol, the parties should give consideration to:

3 In not black and white then see Appendix 1 Special Considerations 4 In not black and white then see Appendix 1 Special Considerations


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4.3.1. the issues concerning the collection and discovery of Electronic Material discussed in the Guidelines for the Discovery of Electronic Documents in Ontario, dated October 2005, which can be found on the website at http://www.oba.org/en/main/ediscovery_en/default.aspx ; and

4.3.2. the use which might be made of this Data

4.3.2.1. in the preparation of the index to the Agreed Exhibit Book;

4.3.2.2. in the preparation of a Record of Pleadings; and

4.3.2.3. generally, at trial.

5. COURT DOCUMENTS

5.1. Parties are encouraged to agree to deliver and to accept service or delivery of Court Documents and other Records and communications, electronically.

5.2. Even if the parties have not reached agreement as provided in section 5.1, a party must, unless the Court otherwise orders, deliver to any other party upon request a copy in electronic format of any Court Document which is required to be delivered in Hard Copy in addition to the Hard Copy.

5.3. Where a Court Document is provided in electronic format, it must contain the same text as the Hard Copy.

5.4. Where it is impracticable to deliver any part of a Court Document or Record in an electronic format, it may be delivered in Hard Copy or its original form.

5.5. While the sender should make every effort to provide Malicious Code free Data, it is the obligation of the recipient to test for Malicious Code.

6. DISCOVERY OF RECORDS

6.1. At an early stage in the proceeding, parties should consider whether they:

6.1.1. have in their power or possession any Electronic Material that is potentially discoverable;

6.1.2. have ascertained the probable volume of Records likely to be produced on discovery by that party, taking into account any limits on discovery that may be agreed between the parties or the subject of a direction of the Court;


12 September, 2012

6.1.3. have conferred with the other parties regarding any issues about the collection, preservation and production of Discoverable Records including Electronic Material, and, where possible, agreed on the scope of each party’s rights and responsibilities with respect to these matters, including agreeing on any changes to the default standard;

6.1.4. have given the other parties notice of any problems reasonably anticipated to arise in connection with the discovery of Electronic Material and to have conferred with those parties about these problems, including:

6.1.4.1. the desirability of limiting search efforts for any category of Discoverable Records where these efforts are considered to be unduly burdensome, oppressive or expensive having regard to the importance or likely importance of this category of Discoverable Records to the proceeding;

6.1.4.2. the transfer (in whole or in part) of the likely costs of searching for and discovering such Discoverable Records to the party or parties demanding such discovery; and

6.1.4.3. the identification of potentially relevant and material Data that is likely to be destroyed or altered in the normal course of the operations of the person in possession or control of the Discoverable Records containing such Data, or pursuant to any document retention policy of that person.

6.1.5. have given due consideration on how to manage Records electronically in an Examination for Discovery pursuant to Part 5, Subdivision 3 of the Alberta Rules of Court.

6.2. The Court’s website contains information regarding the type of Potentially Discoverable Records in electronic form which may be in the possession of a party and regarding matters which the parties and should take into account in the collection, retention and protection of Electronic Material.

6.3. A Record is sufficiently described if it is described in terms of the Fields described in the Default Standard, the agreed Protocol or the Court ordered Protocol, as the case may be.


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6.4. Notwithstanding that Discoverable Records have been produced for inspection in electronic format, a party retains the right to inspect in its original form any Discoverable Record (including those originally held in Hard Copy).

6.5. Where particular hardware or software or other supporting resources are required to access discovered Electronic Material, the parties should work together to ensure that Electronic Material can be inspected for use in the proceeding.

7. TRIAL

7.1. Not later than the first pre-trial conference, the parties will be required to make submissions to the Court regarding how best to use Technology at the trial. They should address all aspects of the Technology that might be used at trial by the parties and the Court, and in particular:

7.1.1. the equipment and services (including appropriate hardware, software and additional infrastructure) that they and the Court might require;

7.1.2. the arrangements that may need to be made between the parties, the Court and any third party service providers to ensure that appropriate equipment and services are available at the hearing;

7.1.3. the format for the electronic Record of Pleadings, Agreed Exhibit Book and any other Record that may be necessary which is compatible with the software and Technology available in the courtroom;

7.1.4. the format of Expert reports and Transcripts of Examinations for Discovery;

7.1.5. the compliance of the parties with the requirements of any Electronic Trial order; and

7.1.6. how costs of the necessary equipment and services will be shared subject to any orders as to costs made by the Court.

7.2. Not less than 30 days before the date appointed for the commencement of the trial, the parties should meet with the eCourt Co-ordinator of the Court to make arrangements for the provision of the required equipment. At least 14 days prior to the date scheduled for the meeting, the parties must make a joint submission in writing to the eCourt Co-ordinator regarding the arrangements they propose.


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7.3. Where an Electronic Trial is to take place, an electronic version of the Record of Pleadings must be filed at the same time as the Hard Copy version, pursuant to Rule 8.4(2) of the Alberta Rules of Court, of the Record of Pleadings is filed.

7.4. Unless otherwise agreed among the parties or ordered by the Court, the Default Standard will apply to Records contained in an Agreed Exhibit Book.

7.5. Each party should have available for production at trial within a reasonable time, if required, the original Hard Copy or Native File as the case may be, of each of the Discoverable Records in its possession that are included in an Agreed Exhibit Book.

TECHNOLOGY CHECK LIST

Parties are encouraged to use this checklist to identify Technology options and issues that may arise during proceedings. The Default Standard is applicable unless the parties agree to another Protocol or the Court otherwise orders. For more information, please see the Generic Protocol Document published on the court’s website.

Required format for default standard (**) 1. PRE-TRIAL

Court Documents - Record Exchange • Hard copy and electronic 0 • Electronic copy only 0 • Hard copy only? 0 Electronic Record Format for Court Documents

• PDF Version #5 (**) 0 • Microsoft Word Version #6 0 • WordPerfect Version #7 0 • ASCII text file 0 • XML 0 • RTF 0 • HTML 0

5 # version of software must be agreed 6 # version of software must be agreed 7 # version of software must be agreed


15 September, 2012

• Other 0 Record Exchange Via

• CD-R (**) 0 • Email Attachment 0 • DVD-R 0 • Internet (eg. ftp site) 0 • External Storage Device 0

2. DISCOVERY OF RECORDS

Discoverable Records – Exchange • Hard Copy and electronic copy (**) 0 • Electronic copy only 0 • Hard Copy only 0 Electronic Record List Format 0 • Tab Delimited ASC II file (**) [Note: Double quotes, hard

returns, asterisks and semi colons cannot be used in the database text]

0

• ASCII CSV (comma separated values) 0

• Electronic Spreadsheet 0 • Word processing table format 0 • HTML Table 0 • XML 0 • Other 0

Record Exchange Via • CD-R (**) 0 • Email Attachment 0 • DVD-R 0 • Internet (eg. ftp site) 0 • External Storage Device 0 In addition to the above list the parties may wish to

exchange the Data in an agreed Database format such as:

• Tab Delimited ASCII file (**) 0 • CT Summation format 0 • Dataflight Concordance 0


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• Excel Spreadsheet 0 • File Maker Pro 0 • FTI Ringtail Casebook (aka Ringtail Legal 2005) 0 • Introspect format 0 • Microsoft MDB (aka Access) 0 • Searchlight 0 • Other 0

3. RECORDS PROVIDED TO A PARTY FOR INSPECTION

Record Inspection Format • Native File or Image copy of Record (**) 0 • Hard Copy only 0 • Hard Copy and Native File/Image copy 0 • Non-paper Record for example, video/audio tape, Database,

microfiche, etc 0

• Other medium 0 Image Formats / Record Formats (300 dpi)

• TIFF - Single page (**) 0 • TIFF – Multi page 0 • PDF 0 • Native File 0 • GIF 0 • JPEG 0 • Other 0 Record Exchange Via

• CD-R (**) 0 • Email Attachment 0 • DVD-R 0 • Internet (eg. ftp site) 0 • External Storage Device 0

4. TRIAL

Exchange of Agreed Exhibit Book Indexes • Hard copy and electronic/Image copy (**) 0


17 September, 2012

• Electronic copy only 0 • Hard Copy only 0 • Other Medium 0 Electronic Record Index Format

• Tab Delimited ASCII file (**)[Note: Double quotes, hard returns, asterisks and semi colons cannot be used in the database text]

0

• Word Processing Format 0 • Electronic Spreadsheet 0 • ASCII CSV (comma separated values) 0 • Other 0 Record Exchange Via

• CD-R (**) 0 • Email Attachment 0 • DVD-R 0 • Internet (eg. ftp site) 0 • External Storage Device 0 Agreed Exhibit Book Format

• Hard Copy and electronic/Image copy (**) 0 • Electronic Image copy of all Discoverable Records in the

index 0

• Hard Copy only 0 • Non-paper Record for example, video/audio tape, Database,

microfiche, etc. 0

• Other Medium 0 Electronic Image Formats (300 dpi)

• TIFF – Single page (**) 0 • TIFF – Multi page 0 • PDF 0 • GIF 0 • JPEG 0 • Native Format 0 • Other 0 Record Exchange Via

• CD-R (**) 0


18 September, 2012

• Email Attachment 0 • DVD-R 0 • Internet (eg. ftp site) 0 • External Storage Device 0

5. Special Considerations

Redacting (Management of Redacted Documents) 0 Image Resolution 0 Colour Images (Compression) 0 Unique Image Name (referenced by Record_ID) 0 Management of Lead/Attachment Relationships 0 Management of Oversized Records 0 Management of Unprintable Information (e.g. Databases) 0 Management of Confidential Information Management of Multi-Media Files (such as audio and video

files) 0

Management of Forensically Gathered Information 0

Default Fields: (If information is available)

1. Record_ID AAA000000 2. Date (YYYY-MM-DD or 2001-11-20) 3. Record Type 4. Author/[Author Organization] 5. Recipient/[Recipient Organization]

The following is an example of a List of Documents which was populated using the Data from the sample letter contained in Appendix 2. For more detail regarding the Default Standard including options for departing from the Default Standard including additional Data Fields parties may wish to consider including in a List of Documents, please refer to Appendix 3.


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Example Affidavit of Records

Record ID Date Record Type

Author/[AuthorOrganization

Recipient/ [Recipient Organization]

ABC000001 2001-11-20 Letter Parker, Tom [ACME Ltd]

Smith, Bill [Wonder Windows Inc]


20 September, 2012


21 September, 2012

Appendix 3

Database Field Guidelines

(Default Standard Fields are shaded)

Field Data Type and Length of Field

Notes

Record ID

Default Field 1 Text and Numbers (if appropriate) Length - 9 or dependong on Field structure

Each record should be uniquely identified by the first page number being the Record ID, and stamped in the required form. The Field will comprise a two part number in form AAA000000 where “AAA” represents alphabetic short- hand for the party name, where 000000 represents the page number or the numbers could be used to suit the convenience of the party processing the information. Unless processing electronic information in its Native Format, each page of a record should be individually numbered or some other satisfactory arrangement should be reached in an agreed Protocol and each TIFF Image should be named to match the Record ID. If processing Native Files the file name should be the Record ID with each record numbered consecutively. If the parties agree not to number each page, consideration should be given to an additional Field recording the number of pages in each record. Attachments to Discoverable Records will be separately listed and numbered. Attachments can be numbered sequentially following the lead record. For example, a lead record may be numbered XXX-000001 (being a 5 page record) and its attachments would be numbered as XXX000006 (being a 2 page record) and XXX000008 (being a 1 page record). Note: For larger matters parties should agree to use an extended number such as AAA-BBB-FFFF-PPP where: AAA is the Party Code, which identifies the party in the proceedings. Padded characters will not be used. BBBB is the box or bundle number. Padded with zeros, maximum value of 9999 (e.g. 0099) FFFF is the folder of file number. Padded with zeros, maximum value of 9999 (e.g. 0020) PPP is the unique “page” identifier within the document. Padded with zeros, maximum value of 999 (e.g. 099). It should be noted that the first page number in each document will become the document ID.

Lead Record Number

Text and Number, Length depending on the Record ID.

Contains first page of the lead record to which an attachment is attached. There will never be multiple entries in this Field as each attachment should only


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Structure ever have one lead record


Notes

Date Default Field 2

Date, 10 Date can be exported as:

YYYY-MM-DD for example 2001-11-20

YYY = Year MM = Month DD = Date

Undated = If there is no way of ascertaining the date of the record or it is illegible – leave Field blank

Discoverable Records with no discernible date will be coded as “Undated” by leaving the date Field blank.

It should be noted that in a true date Field “00” is not an acceptable value and Discoverable Records with only the month and year (e.g. August 1997) will be coded as undated unless otherwise agreed between the parties.

Discoverable Records with the day and month but no year are considered undated.

Discoverable Records with a date range will be coded using the earliest date unless otherwise agreed.

OR

Format is YYYY-MM-DD: 2001-11-20

January is the default month when no month exists and the ‘01' is the default day when no day exists. For years use 1800 (on historical files use 2050).

• Year but no month or day 01-Jan-2000 with the estimated date field coded

• Year and day but no month 01-Jan-1999 with the estimated date field coded

• No Year but month and day 01-Mar-1800 with the estimated date field coded.

DO NOT fill in the missing information with zeros.

• If the date is completely illegible LEAVE blank.

• Look for the date the document was written, created or signed.

• If a date has been crossed out and another one written in, use the original date.

• If there is an undated fax cover, fax message or fax confirmation/transmittal sheet, use the fax


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trailer date. The trailer date can only be used as the Docdate if the Doctype is Fax.

• Newspaper and journal articles often have a handwritten date on them – you can use this for the docdate if there is no other date.

• For electronic documents, the best available meta data is acceptable.


Notes

Use the following priority for coding dates:

• latest revised/updated date – the document must state that it has been revised or updated

• latest date of creation (top, bottom of page, or end of document),

• latest approved date

• latest published date

• latest copyright date

• latest date from title – If the latest date is a future date then code the latest non-future date

• latest stamp date

• latest print date

When coding agreements/contracts use the following priority:

• latest date next to actual signature - the signing date

• execution/in effect date – usually in the first paragraph of the document

When coding court documents and legal documents use the following priority:

• latest date next to actual signature - the signing date

• filing date

• execution/in effect date

Estimated Date No = If the exact full date is on the record (for example 1963-03-04).

Yes = Where we cannot be certain of the actual date and it has been agreed in the Protocol to use an estimate date. For example if there is a partial date (e.g. August 1979), the date is


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stamped on, the date has been amended by hand or the only visible date is on the fax track.

If an agreement has an original date as well as a subsequent later date as a result of alterations being made to the record, then the later date is taken as the record date and “Estimated Date = Yes”.

If a newspaper clipping has the date/reference handwritten on to the record, then the record is dated according to the handwritten notation and is an “Estimated Date = Yes”.

If there is a date range the first date of the date range could be used and “Estimated Date = Yes”

Record Type Default Field 3

Text, 254 This Field can be completed using commonly received record types, for example letter, memo, deed etc.

If the record has been faxed, this Field can include “facsimile”.

If a group of Discoverable Records is being discovered as a bundle, this Field may be completed as “Record type bundle”.

If the document is an E-document then parties should agree on appropriate document types such as xls, Doc or msg, or agree to populate with traditional document types, such as Document, Letter, Fax, etc.

Parties should confer and agree on a standard list on a case by case basis at the earliest opportunity.

Author/[Author Organization]

Default Field 4

Text, 254 or as appropriate

Person or persons who authored the record. To be completed using information on the face of the record. Last name, First name for example “Parker, Tom [ACME Ltd]”, or if it is an email address it should be captured as it is written, E.g. [email protected]

Author Organization should not be derived from the email address.

Semi colons must separate multiple entries.

Recipient/ [Recipient Organization]

Text, 254 or as appropriate

Person or persons who received the record. To be completed using information on the face of the record. Last name, First name for example “Smith, Bill


Notes

Default Field 5 [Wonder Windows Inc]”, or if it is an email address it should be captured as it is written, E.g.


25 September, 2012

[email protected].

Recipient Organization should not be derived from the email address.

Semi colons must separate multiple entries.

Record Title Text 254 or as appropriate

Title of a record such as “Report on Technology” etc. or the “re” line in a letter, memorandum or email, full name of an agreement or lease. Cheque numbers and invoice numbers and amounts If none of these then leave blank.

In a discovery of Native Files this could be where the original electronic file name is captured.

Parties Text, 254 or as appropriate

Identifies parties to an agreement or other legal record.

Source Text, 20 or as appropriate

Parties may find this Field useful to identify Discoverable Records that have been obtained from someone other than the party giving discovery; for example, Discoverable Records obtained on subpoena or through some other compulsory process of obtaining access to Discoverable Records or it could be used to identify the location of the original record.

This Field would identify the party from whom such Discoverable Records were obtained.

Non-paper record

Text, 3 This Field can be used to identify information recorded using a medium other than paper, where the relevant information has not been printed out and discovered in Hard Copy form; for example, video and audio tapes, floppy disks and magnetic computer tapes (these could contain emails, non standard software applications, electronic Discoverable Records, electronically stored Records or Image files etc.). Permissible entries are “Yes” and “No”.

Redacted Text, 3 If the produced record has been redacted. Permissible entries are “Yes” or “No”.

Basis of Redaction

Text, 12 If a document has been marked “yes” in redacted field above, then choose reason, such as privilege or confidential.


26 September, 2012

Pages Number The number of pages in each record can be recorded in this Field – particularly if parties decide to number Records only.


Notes

CC Text Person or persons who were copied in to the record. To be completed using information on the face of the record. Last name, First name for example “Smith, Bill [Wonder Windows Inc]”, or if it is an email address it should be captured as it is written, E.g. [email protected]. Semi colons must separate multiple entries.

ENDOC Text and Numbers (if appropriate) Length – 9 or depending on Field structure

Complete this field with the last page number in the Record.

Appendix 4

Glossary of Terms

For the purposes of this Practice Note, the following technical terms shall have the following meanings:

ASCII

The abbreviation for American Standard Code for Information Interchange which is the most common format for text files in computers and on the Internet. In an ASCII file, each alphabetic, numeric, or special character is represented with a 7-bit or 8-bit binary number.

Court Documents

Those Records that are filed in Court or that are delivered to another party pursuant to an order of the Court or a Rule or practice of the Court (such as pleadings, discovery lists etc.), and includes witness statements, outlines of expert evidence, chronologies, outlines of argument and other Records.

CSV (comma separated values)

The abbreviation for comma separated values. In computers, a file that contains the values in a table as a series of ASCII text lines organized so that each column value is separated by a comma from the next column's value and each row starts a new line. A CSV file collects the Data from any table so that it can be conveyed as input to another table-oriented application such as a relational Database application. Microsoft Excel, a leading spreadsheet or relational Database application, can read CSV files.


27 September, 2012

Data

Electronic information that has been translated into a form that is more convenient to move or process (in the format of a Database for example).

Database

A collection of Data that is organized so that its contents can easily be accessed, managed and updated.

Default Standard

The standard format established by paragraph 4.1 of this Practice Note for the exchange of electronic evidence.

Discoverable Records

Records that are required to be disclosed to a party in accordance with the Alberta Rules of Court and practice of the Court.

Electronic Material

Any email messages or computer generated files identified in their Native Format. An example is a computer file of a Microsoft Word record as opposed to the printed version of that record.

Electronic Trial

An Electronic Trial is a hearing where evidence is managed, presented and stored electronically by the Court in an eCourt. The eCourt is a multi-media electronic in-Court system designed to manage the electronic information relating to and generated by a Court case. The eCourt System is designed to:

Manage Transcripts

• Real-time Transcript (What is being said right now)

• Historic Realtime Transcript (What was said earlier today) (this can be delivered in near realtime, or in batches of transcript delivered on a half day basis or other intervals as may be appropriate)

• Edited Transcript (What was said on previous days)

• Streaming of Realtime to remote locations (if required)

Manage Evidence

Repository for Records and other multimedia based evidence stored using Images and Native File formats imported from the participants


28 September, 2012

Management of status - exhibits and MFI's (marked for identification) Court Operator controlled Broadcast Channel (Public View)

Manage Associated Materials

• Manage pleadings, witness statements, etc.

• Manage Audio and Video

• Streaming of realtime audio visual to remote locations (remote transcription services)

Integrate External Resources

• Links to the Court’s own web site pages (Protocol pro forma, Practice Note)

• Links to Internet web sites for research

• Links to the Court’s additional core systems such as case management

Field

A Field represents a column of Data within a Database or a spreadsheet.

GIF

The abbreviation for Graphics Interchange Format which is one of the two most common file formats for graphical Images on the World Wide Web. The other is the JPEG (Joint Photographic Experts Group) which is another image format used on the Web

Hard Copy

A Record in non-electronic form. A Hard Copy is often a paper copy of a Record.

HTML

The abbreviation for Hypertext Markup Language which is a set of “mark up” symbols or codes inserted in a file intended for display on the Internet by a World Wide Web browser.

Image

A picture that has been created or copied and stored in electronic form, an electronic photocopy. The format of the Image is given by the file extension name suffix – for example BMP, GIF, JPEG, or TIFF.


29 September, 2012

Image Resolution

A description of the sharpness of an Image sharpness (that is, the density of illuminated points) which is measured in dots per inch (dpi). The dot pitch determines the absolute limit of the possible dots per inch. Industry standard is 200 dpi for black and white imaging.

Lead/Attachment Relationships

While lead and attachment relationships are not required in the default Fields and may not be captured in the majority of lists of Records. Parties will need to agree on whether to record this information and how it will be recorded for exchange.

Malicious Code

Malicious code is the term used to describe any code in any part of a software system or script that is intended to cause undesired effects, security breaches or damage to a system. Malicious code describes a broad category of system security terms that includes attack scripts, viruses, worms, Trojan horses, backdoors, and malicious active content.

Native (Native Files or Native Format)

A reference to a computer file in its original electronic format. For example, if a Record is produced as an Image or in Hard Copy format the original electronic file is referred to as the Native Format.

PDF

The abbreviation for Portable Document Format which is an open file format that captures all the elements of a printed document.

Potentially Discoverable Records

Records that are included in the initial collection of information at a time when decisions are being made to determine which of them are Discoverable Records.

Protocol

A special set of rules which are often described in terms of an agreed upon, industry or international standard. For this Practice Note the default protocol can be found on the Courts website (see sub-paragraph 1.3)

Record

Record has the meaning set out in the Definitions in the Alberta Rules of Court, which includes:


30 September, 2012

the physical representation or record of any information, data or other thing that is or is capable of being represented or reproduced visually or by sound, or both.

Record ID

The Record ID is the method by which each Record is uniquely identified.8

Redaction

The process by which information or text is electronically covered or masked in such a way that it can not be read by other parties. Discoverable Records that contain a combination of discoverable and non-discoverable or privileged information may be produced with non-discoverable or privileged information redacted.

RTF

The abbreviation for Rich Text Format which is a generic file format that allows exchange of text files between different word processors in different operating systems.

Tab Delimited

In computers, a Tab Delimited file contains the values in a table as a series of ASCII text lines organized so that each column value is separated by a tab character from the next columns value, and each row starts a new line. Microsoft Excel, a leading spreadsheet or relational Database application, can read Tab Delimited files.

Technology

Technology refers to any equipment or interconnected system or subsystem of equipment that is used in the automatic acquisition, storage, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of Data or information. The term information technology includes computers, ancillary equipment, software, firmware and similar procedures, services (including support services), and related resources.

TIFF

The abbreviation for Tagged Image File Format which is a common format for saving Image files.


31 September, 2012

XML

The abbreviation for Extensible Markup Language which is a flexible way to create common information formats and share both the format and the Data on the World Wide Web, intranets, and elsewhere.

8 See Default Field 1 in Appendix 3 and, for an example, see Appendix 2.


Format of Expert Evidence of Economic Loss or Damages

March 1, 2011

1. Where a party serves an expert’s report containing evidence as to economic loss or damage pursuant to Rule 5.34, including any expert’s report offered by way of reply, that report must contain the following information:

(a) a list identifying individually, all of the factors upon which, in the opinion of that expert, finding of fact must be made to arrive at an ultimate conclusion;

(b) the assumptions of fact for each factor, used to determine his/her opinion as to economic loss or damage; (it would be helpful for the expert to offer alternative conclusions based on all alternate assumptions of fact available on the evidence);

(c) the expert’s reason(s) for choosing each such assumption from among the available alternatives; and

(d) where alternative methods of calculating a loss/damages exist, the method chosen by the expert and the reason for selecting same.

2. Where the assumptions of fact chosen by an expert as a basis for his/her opinion are based on evidence given by that expert, that evidence must also be contained in the expert’s report. Counsel should be mindful that the value of the expert’s report will be seriously debased if the expert makes assumptions of fact for which no evidence is led at trial, either from the expert or some other witness. If the expert has engaged in no independent verification of the economic facts upon which his/her assumptions are based that should be clearly noted.


32 September, 2012

3. When instructing experts, counsel should remain mindful that an expert’s report is more effective if it contains opinions based on several various possible findings of fact that may be made by the trial judge. Expert evidence based on only the “best case scenario” set of facts from the perspective of the party entering it in evidence may be of little use to the judge.

4. Whether or not an expert has stated the numerical total of economic loss or damages in written or oral evidence, the trial judge may, upon giving judgment, direct the expert to calculate the economic loss or damage, on the basis of the facts as found by the trial judge. Where this occurs all parties have the right to be heard as to the accuracy of the calculation before the final judgment is entered.

5. The requirements of this Practice Note do not limit the ability of of an expert witness to otherwise address, explain or support his or her opinion. Lawyers must ensure that all issues upon which expert opinion will be tendered at trial are addressed in his or her expert report whether or not they are included in the following example.

6. Any party served with such an expert report may apply to the Court at least 60 days prior to the commencement of the trial to review the working file upon which the expert report is based, including any spreadsheets or other analytical documentation prepared by the expert for the purpose of arriving at his/her expert opinion; leave may be granted subject to any conditions that judge considers appropriate, including any required to protect client privilege.

7. An expert who provides written or oral opinion evidence in reply to an expert report governed by this Practice Note, shall specifically identify the information in the expert report with which he or she disagrees and the reasons for the disagreement.

An Example: **

An economist’s report relating to the present day value of future income loss in a personal injury case should contain the following type of statement:

“In my opinion the following matters must be addressed to arrive at a conclusion as to the present value of future income loss in this case:


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Mandatory Factors Assumption of Fact & Reason for Selecting Assumption

1. Age at which Plaintiff would have retired had she not been injured

62 years, based on Statistics Canada statistical information that workers in the Plaintiff’s occupation retire at an average age of 62 years

2. Mortality rate to be applied had Plaintiff not been injured

.02% per annum, based on Canada LifeInsurance Tables

3. Plaintiff’s future annual income had she not been injured

$11,000 which was her average total annual income for each of the three years prior to the accident, based on her produced income tax returns for those years

4. Likelihood Plaintiff would have been completely and permanently disabled pre-retirement by other causes had this injury not occurred

.05% in any year, based on Statistics Canada statistical information for workers in the Plaintiff’s occupation

5. Likelihood Plaintiff would have become unemployed in any event

10% in any year, based on Canada Employment Insurance statistical information for workers in the Plaintiff’s occupation

6. Discount Rate 2.5% being the historical difference between the rate of inflation and the interest rates paid on conservative investments

7. <other factors> ..”

**[Note: While this example relates to a personal injury loss it may be adapted, as appropriate, to business evaluation and other types of economic loss.]


Class Action Judicial Protocols

Effective September 4, 2018

On April 5, 2018, the Council of the Canadian Judicial Council adopted the Canadian Bar Association’s Resolution 18-03-A “Class Action Judicial Protocol (2018)”, as recommended to the Canadian Bar Association by its Task Force on


34 January 1, 2019

Class Actions. Resolution 18-03-A relates to the “Canadian Judicial Protocol for the Management of Multijurisdictional Class Actions and the Provision of Class Action Notice” (2018 Protocol) (copy attached).

The Council of the Canadian Judicial Council has urged Chief and Associate Chief Justices of Council, who head Trial Courts that administer class actions in their jurisdictions, to adopt the 2018 Protocol. Pursuant to that recommendation, the Court adopts the 2018 Protocol, and directs Counsel/Parties to comply therewith, as applicable to Alberta Class Proceedings, on and after September 4, 2018.

Civil Practice Note No. 3 “National Database of Class Proceedings”, dated March 1, 2011, pertinent to and mandatory for national class actions, is directly related to this Practice Note.

Resolution 18-03-A ― Annex 1 Canadian Judicial Protocol for the Management of MultiJurisdictional

Class Actions and the Provision of Class Action Notice

Preamble

The purpose of this protocol is to make use of existing class action legislation, the Rules of Court and Rules of Civil Procedure in various provincial jurisdictions and the Federal Court as applicable to facilitate the management of multijurisdictional class actions, and to recommend “best practices” where such management is required. It supplements the earlier protocol produced to manage the issue of multijurisdictional settlement approval hearings.

The class action legislation in each common law province, in the Quebec Code of Civil Procedure, and generic language in the Federal Court Rules, contain provisions permitting a court to make such orders as it considers appropriate for the fair and expeditious conduct of the action. Most of these statutes allow the court to make such orders on its own initiative or on the motion of a party or a class member. Several also already contain language acknowledging the need to consider the existence of extra provincial class actions. The various statutory provisions can be found in Schedule “A”. The jurisdiction in these provisions allows a court to grant an order for the case management of a pending class action within the province or territory.

This protocol establishes recommended “best practices” by which multijurisdictional class actions may be coordinated. However, adoption of this protocol by any court remains the decision of that court, absent legislative or regulatory direction.


35 January 1, 2019

As noted, and as integrated herein, the CBA had already adopted a protocol to facilitate the management of the approval of multijurisdictional settlements. The CBA had also adopted a protocol on best practices for the issuance of notice in class proceedings, which has also been integrated herein. This updated protocol takes the next step to minimize the confusion, and maximize the communication, in cases where no settlement is proposed, while accepting that such a protocol does not have the power to amend the substantive or procedural laws of any province or territory.

DEFINITIONS

1. In this Protocol:

a) “Action” means a proposed, certified or authorized class action in which the proposed classes and subject matter are overlapping or potentially overlapping with a proposed or certified/authorized class action in any other province or territory.

b) “Court” means a court in a jurisdiction in which an Action is filed, and includes provincial and territorial courts.

c) “Parties” means the Parties to an Action, and their respective counsel (“Counsel”).

d) “Judge” means the case management judge appointed in any Action.

INFORMATION

2. Plaintiff’s Counsel shall post the pleadings in their Action on the Canadian Bar Association Class Action Database prior to the first attendance before the Judge, and confirm such posting at the first attendance.

3. At each attendance, the parties to an Action shall advise the Court of any other Action of which they are aware, and the status of such Action or Actions.

4. A Notification List (the “Notification List”) shall be compiled by Plaintiff’s Counsel listing the names of all known Counsel and Judges in any Action or Actions, with all known contact information.

MULTIJURISDICTIONAL CASE MANAGEMENT HEARINGS AND MOTIONS

5. Prior to the date being set for the first case management conference in any Action, Plaintiff’s Counsel shall:

a. comply with paragraphs 2 and 4.

b. provide the Court and all other Counsel with the Notification List.


36 January 1, 2019

6. Plaintiff’s Counsel shall update the Notification List provided pursuant to paragraph 4 at any subsequent conference or hearing in the Action, if any changes become known.

7. Prior to or at the first case management conference set in any Action, and at any other time, the Parties may advise the Judge that the Parties agree that the Judge may:

a. speak with the Judges in any other Action (and under what terms if any, subject to the Judge’s concurrence), provided that all decisions of each Judge shall be made independently, and based on the evidence and argument presented to the Judge making the decision;

b. direct that a joint case management hearing be held with a Judge in any other Action, if the other Judge agrees.

If the Parties do not so agree, but the Judge wishes to communicate with a Judge or Judges in any other Action, a hearing will be convened to consider the issue, and the Judge will make a decision after receiving submissions from the Parties.

8. Unless otherwise directed by any Judge, a Party bringing any of the following motions shall provide all Judges and Counsel in any Action with the Notification List, and a copy of the notice of motion or application (without supporting materials):

a. Motions for a stay of proceedings or dismissal based in whole or in part on the existence of other Actions; or

b. Certification, if such certification would include class members in other Actions.

Copies of the Motion Record, including supporting materials, shall be provided to all Counsel by email, or in hard copy at the requestor’s expense. Copies of the Motion Record shall be provided to the Judges in hard copy, or by email, but only if requested by the Judge.

9. Any Party to a Motion, or Parties to the other Actions who have received notice pursuant to paragraph 8, may move for an order that Counsel, or the Judge in other Actions, should the Judge in the other Actions agree, be allowed to participate in the Motion to the extent permitted by and in accordance with the rules of each Court. The means and nature of the proposed participation shall be as directed by the Judge in each Action.

10. The Judges may communicate for the purpose of determining the most efficient process for the consideration of any Motions, after receiving any input the Parties may provide, and making any necessary decision as to the appropriateness of any communication as set out in paragraph 7. The


37 January 1, 2019

Judges shall advise Counsel when and if such communication has occurred, and may advise of the nature of such discussions.

11. Each decision on any Motion, or any direction made at any case management conference, shall remain that of the individual Judge.

SETTLEMENT APPROVAL PROTOCOL

12. Where there is a joint settlement of the Actions, the parties shall proceed by way of a motion for Multijurisdictional Class Settlement Approval served on all parties and filed in all Courts.

13. A motion for Multijurisdictional Class Settlement Approval shall include a proposed notice to class members suitable for use in all jurisdictions. The notice should include the following information, subject to the applicable legislation:

a) a summary of the case and an explanation of how to obtain a copy of the originating process (e.g. statement of claim or motion for authorization);

b) a definition of the class and any sub-classes;

c) a list of the class actions which are the subject of the Motion for Multijurisdictional Class Settlement Approval, and a list of any other Actions of which counsel or any party is aware;

d) information on the essential terms of the proposed settlement, including:

i. the nature and amount of relief;

ii. the nature and bases of any non-monetary benefits;

iii. the procedures for allocating and distributing settlement funds;

iv. the method for filing a proof of claim;

v. the locations where class members can obtain a copy of or examine the settlement agreement and other relevant materials;

vi. information, if practical, that may enable class members to calculate or estimate their individual recoveries;

e) the options open to class members and the implications of each option (including, if applicable, opting out, participating, objecting, submitting a claim or doing nothing), along with the deadlines for taking any action;


38 January 1, 2019

f) a summary of the maximum amounts sought by class counsel for fees, including disbursements, reimbursement of expenses and applicable taxes;

g) the time and place of the hearing to consider approval of the settlement and the methods by which class members may object to the settlement, or the fees sought by class counsel;

h) the method for objecting to (or, if permitted, for opting out of) the settlement, including a statement that the class members have the right to object to the settlement, and/or application for fees and/or the distribution of any remaining balance of funds;

i) a statement that the settlement will bind all class members who have not opted out (if it is an opt-out class action); and

j) the address and phone number of class counsel and the appointed Claims Administrator and an explanation of how to make inquiries of either.

14. Once all materials relating to a motion for Multijurisdictional Class Settlement Approval have been filed in all jurisdictions where Multijurisdictional Class Settlement Approval is sought, the Judges may communicate for the purpose of determining:

a) the scheduling of approval hearings, including any fairness hearings;

b) whether the Judges agree that a uniform Multijurisdictional Class Settlement Approval Order should be issued or if different orders are required to comply with provincial legislation;

c) the content of a Multijurisdictional Class Settlement Approval Order(s);

d) the manner in which the Multijurisdictional Class Settlement Approval Order(s) is to be administered;

e) the manner and form in which notice to class members will be provided; or

f) any other issue relevant to the Motion for Multijurisdictional Class Settlement Approval.

15. Where it is determined by all Judges that the Settlement Approval hearing or the fairness hearing will be held jointly, such hearings shall be conducted in a manner that will permit all parties and all Judges to participate in the hearings. This may be conducted by video link, in person in one location, or by other means.


39 January 1, 2019

16. A Multijurisdictional Class Settlement Approval Order may be issued in any form and in any manner which, in the opinion of all Judges, is just and expeditious. If necessary, each Judge may issue a separate Order to reflect the applicable legislation in a given province.

17. Notice of the Settlement Approval Order(s) should contain the information provided in paragraph 13, subject to the applicable legislation.

18. A Multijurisdictional Class Settlement Approval Order may designate a Judge of any Court as Designated Settlement Administration Judge.

19. A Designated Settlement Administration Judge may, if the Order so provides, determine any dispute arising from the Settlement Agreement or the administration of the Settlement Approval Orders, regardless of the jurisdiction in which that dispute arises, and may make such orders as are just and expedient for the orderly administration of the Settlement Agreement. However, each Court will retain jurisdiction to deal with issues arising from their respective Orders.

NOTICE PROTOCOL

20. Compliance. The Form of Notice must comply with the laws of each relevant jurisdiction. This includes providing the notice in both official languages throughout all jurisdictions where required by law of each jurisdiction, and not only in Québec and New Brunswick.

21. Plain Language. Any notice given to class members must use plain and clear language. It should avoid overly technical or legalistic terminology. Laypersons reading the notice should be able to understand how the class proceeding will affect their rights, and what actions they are required to take, if any. It is preferable that notices be in a simplified form that conveys the key information to the class members, but also includes directions about how the class members can access a more detailed “long form” of notice, that complies in full with section 24B or 27B of this Protocol. In most cases, the long form notice should not be the only form of notice provided to the class(es).

22. Commentary: Demographics of Notice Recipients. In preparing the content of and the means by which the notice will be given to the class(es), the parties and the courts must consider the demographic composition of the class (including likely age, possible physical or mental disability, language(s) spoken, literacy, geographical setting and culture).

23. Purpose. The purpose of the notice required by the class proceedings legislation or made at the direction of the Court is to provide necessary information to the class members about the conduct of the proceeding. It should employ neutral language and should not contain commentary or opinions on the merits of the proceeding.


40 January 1, 2019

24. Adapt Notice to Medium. If the notice is delivered through multiple media, the content of the notice should be adapted to be appropriate for each medium. Delivering the notice through multiple media channels is encouraged.

Protocols Applicable to Class Certification

A. Contents - Short Form Notice. Subject to any specific Court order to the contrary, the short form notice of certification of a class proceeding need not comply in full with the notice of certification requirements under provincial legislation, so long as it includes directions explaining how the class members can access a more detailed “long form” of notice at no cost, such as by requesting a copy by email or through a toll-free telephone message. In all cases, the long form notice should also be posted to the internet.

The short form notice should use plain, clear language identifying who the notice is for, against whom the claim is brought, and the nature of the claims asserted. It should confirm that a class action has been certified, explain there is a right to opt out and the timeframe for doing so. In addition, the short form notice must identify how the class members can access the long form of notice, and provide the contact information of Class Counsel.

B. Contents – Long Form Notice. A long form notice of certification of a class proceeding should generally contain:

a. The certified class definition;

b. The names of the representative parties;

c. The name and contact information of Class Counsel, and confirmation that any inquiries regarding the notice or the class proceeding may be directed to them (or their designate) at a specified address;

d. The names of the opposing parties;

e. A description of the causes of action asserted and the relief sought;

f. If applicable, a description of the defences asserted by the opposing parties, including any counter-claims asserted against the class or any sub- class and the relief sought in any such counter-claim;

g. The certified common issues;

h. A description of the possible financial consequences, if any, of the proceeding to class members;


41 January 1, 2019

i. An explanation of whether a right to opt out of the proceeding is available, and if so, an explanation of the actions required to be taken by the class members to exclude themselves from the proceeding and the timeframe for doing so;

j. A statement that the judgment on the common issues will be binding on all class members who do not opt out of the proceeding, whether favourable or not;

k. A description of any other Actions of which the parties are aware involving or arising out of the same facts or events as the certified proceeding in which certification has been granted or is being sought on behalf of the same proposed class as the certified class;

l. A summary of any agreements between the representative parties and their lawyers respecting fees and disbursements including a summary of the terms of any contingency fee agreement and/or third party funding arrangement; and,

m. An explanation of any rights for class members to participate in the proceeding.

C. Timing. Notice of certification of a class proceeding should ordinarily be given to class members as soon as practicable following certification.

Class members should be provided with a reasonable amount of time to consider their position about remaining in the proceeding or opting out, which should take into consideration the means by which notice is provided to the class and the means by which notice of opting out is to be delivered.

Protocols Applicable to Notice of Settlement of a Class Proceeding

25. Notice of Proposed Settlement. Notice of a proposed settlement in respect of a class proceeding which, if approved, is intended to bind class members in more than one jurisdiction must be given in a manner that ensures to the greatest extent possible that class members in each jurisdiction receive adequate notice of the proposed settlement, and in both official languages, where required by law. The notice must provide sufficient time for class members to consider the terms of the settlement, including a reasonable amount of time to obtain and review the settlement documentation before the return date of the settlement approval motion.

26. The notice of proposed settlement should set out:

a. The class definition, including any subclasses and the parties with whom the settlement has been made;


42 January 1, 2019

b. A summary of the nature of and material terms of the proposed settlement, and a description of how the class members may obtain additional details regarding the proposed settlement;

c. The maximum amount sought by class counsel for fees, including disbursements or other expenses and a summary of the basis for claiming those amounts;

d. Any amounts payable to persons other than class members (including for example provincial health insurers and third party funders) and representative plaintiffs;

e. The return date and location of the motion for settlement approval;

f. The name and contact information of Class Counsel, and confirmation that any inquiries regarding the proposed settlement may be directed to them (or their designate) at a specified address, which should generally include a toll-free telephone number and email address, and a web page on which the settlement agreement may be viewed;

g. Confirmation that the class members have the right to make submissions to the court, including the right to object to the settlement or to the fees sought, and explaining what options are available to the class members to make those submissions;

h. A statement that the settlement will be binding upon all members of the class who have not opted out; and

i. The options available to the class members in respect of the settlement, including, if applicable, an explanation of whether a right to opt out of the proceeding or the settlement is available, and if so, an explanation of the actions required to be taken by the class members to exclude themselves from the proceeding or the settlement, and the timeframe for doing so.

27. A. Contents - Short Form Notice of Settlement. The short form notice should comply with any applicable legislation. It should use plain, clear language identifying who the notice is for, and with whom the proceeding has been settled, subject to the approval of the Court. It should confirm that a class action has been settled (in whole or in part), subject to the approval of the Court, and explain that the class member has the right to receive whatever form of benefits have been agreed upon under the terms of the settlement. The short form notice should identify how the class members can obtain more information about the settlement, including obtaining a copy of the “long form” notice of settlement, and should set out in plain language what steps the class member needs to take (if any) to participate in the settlement, or to exclude themselves from it, if an opt out is available.


43 January 1, 2019

B. Contents – Long Form Notice of Settlement. A long form notice of settlement of a class proceeding, which if approved, is intended to bind class members in more than one jurisdiction must comply with any applicable legislation and should generally contain:

a. The certified class definition and any subclasses;

b. Describe all Related Class Actions pending of which the parties are aware, including any other claims that are either to be included in the settlement of this class action, or which are not part of the proposed settlement;

c. Describe the essential terms of the proposed settlement, including the nature and amount of damages to be paid or relief obtained, the procedures to be employed for allocating and distributing the settlement funds, or other relief, including the method for filing a proof of claim, if required;

d. If practical, provide information that will enable class members to calculate or estimate the range of personal recovery;

e. Explain the nature of and basis for any valuation of any non-monetary benefits, if relevant;

f. Disclose any compensation or other benefits payable to or to be requested by the representative plaintiffs;

g. The name and contact information of class counsel or claim administrator or other means by which a class member may obtain a copy of the settlement agreement and relevant materials, and confirmation that any inquiries regarding the settlement may be directed to them (or their designate) at a specified address;

h. Provide information regarding the maximum amounts sought by class counsel for fees, disbursements and reimbursement of expenses, including applicable taxes, and the basis upon which those amounts are claimed;

i. Provide information regarding any amounts to be paid to any person other than a class member (such as health insurers or third party funders), and the basis upon which those amounts are payable;

j. Describe the options available to the class members in respect of the settlement, including, if applicable, an explanation of whether a right to opt out of the proceeding or the settlement is available, and if so, an explanation of the actions required to be taken by the class members to exclude themselves from the proceeding or the settlement, and the timeframe for doing so; and,


44 January 1, 2019

k. A statement that the settlement is binding on the class.

28. Single Notice to Class Members. Where class proceedings have been commenced in more than one jurisdiction and a global settlement of all proceedings has been achieved, the Parties to all the proceedings and each of the respective Judges should co-ordinate the approval of the contents of one form of notice of the proposed settlement and one form of notice of settlement (if approved), and the Parties and Judges should also endeavor to co-ordinate the means by which notice is to be given, particularly if internet or email notice is contemplated as part of the noticing program.

Schedule A to the Judicial Protocol

Statutory Provisions Permitting the Court to Determine the Conduct of Class Actions

Alberta

2(2) A person who commences a proceeding under subsection (1) must…give notice of the application for certification to (i) the representative plaintiff in any multi-jurisdictional class proceeding, and (ii) the representative plaintiff in any proposed multi-jurisdictional class proceeding commenced elsewhere in Canada that involves the same or similar subject‑matter.

5(6) If a multi-jurisdictional class proceeding or a proposed multi-jurisdictional class proceeding has been commenced elsewhere in Canada that involves subject‑matter that is the same as or similar to that of a proceeding being considered for certification under this section, the Court must determine whether it would be preferable for some or all of the claims or common issues raised by the prospective class members to be resolved in the proceeding commenced elsewhere.

(7) When making a determination under subsection (6), the Court must be guided by the following objectives:

(a) ensuring that the interests of all parties in each of the relevant jurisdictions are given due consideration;

(b) ensuring that the ends of justice are served;

(c) where possible, avoiding irreconcilable judgments;

(d) promoting judicial economy.

(8) When making a determination under subsection (6), the Court may consider any matter that the Court considers relevant but must consider at least the following:

(a) the alleged basis of liability, including the applicable laws;


45 January 1, 2019

(b) the stage each of the proceedings has reached;

(c) the plan for the proposed multi-jurisdictional class proceeding, including the viability of the plan and the capacity and resources for advancing the proceeding on behalf of the prospective class members;

(d) the location of the class members and representative plaintiffs in the various proceedings, including the ability of the representative plaintiffs to participate in the proceedings and to represent the interests of the class members;

(e) the location of evidence and witnesses;

(f) the advantages and disadvantages of litigation being conducted in more than one jurisdiction.

13(1) The Court may at any time make any order it considers appropriate respecting the conduct of a class proceeding to ensure the fair and expeditious determination of the proceeding and, for that purpose, may impose on one or more of the parties any terms or conditions that the Court considers appropriate.

Class Proceedings Act, S.A. 2003, c. C-16.5, ss. 2, 5, 13(1)

British Columbia

The court may at any time make any order it considers appropriate respecting the conduct of a class proceeding to ensure its fair and expeditious determination and, for that purpose, may impose on one or more of the parties the terms it considers appropriate.

Class Proceedings Act, R.S.B.C. 1996, c. 50, s.12

Manitoba

The court may at any time make any order that it considers appropriate respecting the conduct of a class proceeding to ensure its fair and expeditious determination and, for that purpose, may impose on one or more of the parties the terms it considers appropriate.

Class Proceedings Act, C.C.S.M. c. C130 s. 12

New Brunswick

The court may at any time make any order it considers appropriate respecting the conduct of a class proceeding to ensure its fair and expeditious determination and, for that purpose, may impose on one or more of the parties the terms or conditions the court considers appropriate.

Class Proceedings Act, S.N.B. 2006, c. C-5.15, s. 14


46 January 1, 2019

Newfoundland and Labrador

Notwithstanding section 12, the court may make an order it considers appropriate respecting the conduct of a class action to ensure a fair and expeditious determination and, for that purpose, may impose on one or more of the parties the terms it considers appropriate.

Class Actions Act, S.N.L. 2001, c. C-18.1, s.13

Nova Scotia

The court may at any time make any order it considers appropriate respecting the conduct of a class proceeding to ensure its fair and expeditious determination and, for that purpose, may impose on one or more of the parties the terms or conditions the court considers appropriate.

Class Proceedings Act, S.N.S. 2007, c. 28, s.15

(1) A party who starts a class proceeding, and a defendant or respondent who makes a motion for a certification order in a proceeding not started as a class proceeding, must deliver to the Canadian Bar Association and to the Executive Office of the, Nova Scotia Judiciary registration documents and copies of the notice of action, notice of application, or notice of motion.

(2) The registration document to be delivered to the Canadian Bar Association must be a completed National Class Action Database registration form as provided by the Association, and the registration document to be provided to the executive office must be completed in the form provided by the office on the Nova Scotia courts’ website.

(3) The registration documents and the copy of the notice must be delivered no more than ten days after the day the proceeding is started, or the day the notice of motion is filed.

(4) The registration documents and the copy of the notice must be delivered electronically to the address respectively provided by the Canadian Bar Association and the Executive Office of the Nova Scotia Judiciary.

(5) This Rule 68.03 ceases to have effect with respect to the registration with the National Class Action Database when the Canadian Bar Association ceases to provide a national database for class proceedings.

Nova Scotia Civil Procedure Rules, 68.03

Ontario

The court, on the motion of a party or class member, may make any order it considers appropriate respecting the conduct of a class proceeding to ensure its


47 January 1, 2019

fair and expeditious determination and, for the purpose, may impose such terms on the parties as it considers appropriate.

Class Proceedings Act, 1992, S.O. 1992, c. 6, s.12

Quebec

158. For case management purposes, at any stage of a proceeding, the court may decide, on its own initiative or on request, to

(1) take measures to simplify or expedite the proceeding and shorten the trial by ruling, among other things, on the advisability of ordering the consolidation or separation of proceedings or the splitting of the proceeding, of better defining the issues in dispute, of amending the pleadings, of limiting the length of the trial, of admitting facts or documents, of authorizing affidavits in lieu of testimony or of determining the procedure and time limit for the disclosure of exhibits and other evidence between the parties, or by convening the parties to a case management conference or a settlement conference, or encouraging them to use mediation;

(2) assess the purpose and usefulness of seeking expert opinion, whether joint or not, determine the mechanics of that process as well as the anticipated costs, and set a time limit for submission of the expert report; if the parties failed to agree on joint expert evidence, assess the merits of their reasons and impose joint expert evidence if it is necessary to do so to uphold the principle of proportionality and if, in light of the steps already taken, doing so is conducive to the efficient resolution of the dispute without, however, jeopardizing the parties’ right to assert their contentions;

(3) determine terms for the conduct of pre-trial examinations, if such examinations are required, including their number and their length when it appears necessary to exceed the time prescribed by this Code;

(4) order notification of the application to persons whose rights or interests may be affected by the judgment, or invite the parties to bring a third person in as an intervenor or to implead a third person if the court considers that that person’s participation is necessary in order to resolve the dispute and, in family or personal status or capacity matters, order the production of additional evidence;

(5) rule on any special requests made by the parties, modify the case protocol or authorize or order provisional measures or safeguard measures as it considers appropriate;

(6) determine whether the defence is to be oral or written;

(7) extend the time limit for trial readiness; or


48 January 1, 2019

(8) issue a safeguard order, effective for not more than six months.

577. The court cannot refuse to authorize a class action on the sole grounds that the class members are part of a multijurisdictional class action already under way outside Québec. If asked to decline jurisdiction, to stay an application for authorization to institute a class action or to stay a class action, the court is required to have regard for the protection of the rights and interests of Québec residents. If a multijurisdictional class action has been instituted outside Québec, the court, in order to protect the rights and interests of class members resident in Québec, may disallow the discontinuance of an application for authorization, or authorize another plaintiff or representative plaintiff to institute a class action involving the same subject matter and the same class if it is convinced that the class members’ interests would thus be better served.

Code of Civil Procedure, R.S.Q. c. C-25.01, ss. 158, 577

Saskatchewan

4. The member who commences an action under subsection (1) must…give notice of the application for certification to the representative plaintiff in any multi-jurisdictional class proceeding, or any proposed multijurisdictional class action commenced elsewhere in Canada that involves the same or similar subject‑matter.

6(2) If a multijurisdictional class action, or a proposed multijurisdictional class action, has been commenced elsewhere in Canada that involves subject-matter that is the same as or similar to that of the action being considered pursuant to this section, the court shall determine whether it would be preferable for some or all of the claims or common issues raised by those claims of the proposed class members to be resolved in that class action.

(3) For the purposes of making a determination pursuant to subsection (2), the court shall:

(a) be guided by the following objectives:

(i) ensuring that the interests of all of the parties in each of the relevant jurisdictions are given due consideration;

(ii) ensuring that the ends of justice are served;

(iii) avoiding, where possible, the risk of irreconcilable judgments;

(iv) promoting judicial economy; and

(b) consider all relevant factors, including the following:

(i) the alleged basis of liability, including the applicable laws;


49 January 1, 2019

(ii) the stage each of the actions has reached;

(iii) the plan for the proposed multijurisdictional class action, including the viability of the plan and the capacity and resources for advancing the action on behalf of the proposed class;

(iv) the location of the representative plaintiffs and class members in the various actions, including the ability of representative plaintiffs to participate in the actions and to represent the interests of the class members;

(v) the location of evidence and witnesses.

14. The court may, at any time, make any order it considers appropriate respecting the conduct of a class action to ensure a fair and expeditious determination and, for that purpose, may impose on one or more of the parties any terms it considers appropriate.

Class Actions Act, S.S. 2001, c. C-12.01, ss. 4, 6, 14

Federal Court of Canada

General principle

3. These Rules shall be interpreted and applied so as to secure the just, most expeditious and least expensive determination of every proceeding on its merits.

Matters not provided for

4. On motion, the Court may provide for any procedural matter not provided for in these Rules or in an Act of Parliament by analogy to these Rules or by reference to the practice of the superior court of the province to which the subject-matter of the proceeding most closely relates.

Federal Courts Rules (SOR/98-106), ss. 3,4


50 January 1, 2019


Vexatious Application/Proceeding Show Cause Procedure (General Powers to Stay or Dismiss a Frivolous,

Vexatious, or Abusive Application or Proceeding)

Effective September 4, 2018

Introduction

1. This Practice Note sets summary procedures in the Court of Queen’s Bench of Alberta to be followed under Alberta Rules of Court, Alta Reg 124/2010, R 3.68 for a claim, defence, action, application, or proceeding that appears on its face to be frivolous, vexatious, or otherwise an abuse of process [Apparent Vexatious Application or Proceeding or “AVAP”].

Order to Stay, Dismiss Application or Proceeding

2. In accordance with Alberta Rules of Court, R. 3.68 (reproduced below), and the summary procedures set out in this Practice Note, the Court may make an order to stay or dismiss an AVAP:

(a) on its own initiative,

(b) upon the written request of any party to a proceeding, or

(c) after notification from a Clerk of the Court, Complex Litigant Management Counsel, or Case Management Counsel.

Summary Procedures

3. Unless the Court orders otherwise, an order to stay or dismiss an AVAP shall be made on the basis of written submissions, if any, in accordance with the following summary procedure:

(a) The Court shall direct the Clerk to serve an AVAP Notice to the party filing the AVAP [Apparently Vexatious Litigant or “AVL”] that the Court is considering making an order to stay or dismiss an AVAP.

(b) The AVL may, within 14 days after receiving the AVAP Notice, respond and:

i) file with the Court a Written Submission of no more than 10 pages in length in reply to the AVAP notice, and

ii) serve that Written Submission on every other party to the proceeding.


51 January 1, 2019

(c) If the AVL does not file and serve a Written Submission that complies with paragraph 3(b), the Court may stay or dismiss the AVAP without any further notice to the AVL or to any other party.

(d) A party who is served with an AVL’s Written Submission, may, within seven days after service of the Written Submission, respond and:

i) file with the Court a Written Reply of no more than 10 pages in length to the AVL’s Written Submission, and

ii) serve that Written Reply on the AVL and every other party to the proceeding.

(e) The Court shall, after receipt of the AVL’s Written Submission and any Written Replies, apply R 3.68 to the AVAP.

Copy of Order

4. If an order is made by the Court to stay or dismiss an AVAP under these summary procedures, the Clerk shall serve a copy of the order on the AVL and every other party to the proceeding as soon as possible after the order is made.

Notification of Court by Court Personnel

5. If a Clerk of the Court, Complex Litigant Management Counsel, or Case Management Counsel becomes aware that an application or proceeding appears to be an AVAP, then the Clerk of the Court, Complex Litigant Management Counsel, or Case Management Counsel shall notify the Court.

Request for Order

6. Any party to a proceeding may, under these summary procedures, file with the Court a written request for an order to stay or dismiss that proceeding as an AVAP.

Prohibition on Further Applications

7. (a) Upon making an order to stay or dismiss an AVAP under these summary procedures, the Court may also make an order prohibiting the AVL from making any further applications in any proceeding, except with leave of the Court.

(b) An order made under paragraph 7(a) does not limit the Court from additional steps under the Court’s inherent jurisdiction to respond to abuse of the Court’s processes by an AVL.


52 January 1, 2019

Alberta Rules of Court R. 3.68 Court Options to Deal with Significant Deficiencies

3.68(1) If the circumstances warrant and a condition under subrule (2) applies, the Court may order one or more of the following:

(a) that all or any part of a claim or defence be struck out;

(b) that a commencement document or pleading be amended or set aside;

(c) that judgment or an order be entered;

(d) that an action, an application or a proceeding be stayed.

(2) The conditions for the order are one or more of the following:

(a) the Court has no jurisdiction;

(b) a commencement document or pleading discloses no reasonable claim or defence to a claim;

(c) a commencement document or pleading is frivolous, irrelevant or improper;

(d) a commencement document or pleading constitutes an abuse of process;

(e) an irregularity in a commencement document or pleading is so prejudicial to the claim that it is sufficient to defeat the claim.

...

(4) The Court may

(a) strike out all or part of an affidavit that contains frivolous, irrelevant or improper information; ...

Alberta Rules of Court Court of Queen’s Bench Volume 2 Family Practice Notes

1 July, 2015

Court of Queen’s Bench of Alberta

Family Law Practice Note “1”

Parenting After Separation

Effective: July 20, 2015

1. This Practice Note applies to proceedings under the Divorce Act and the Family Law Act where the parties live in Alberta.

2. Every Plaintiff in an action for divorce and every Applicant in an application for relief under the Family Law Act where child support, custody, access, parenting or contact is an issue must attend either: (1) the Parenting After Separation seminar (“Seminar”) or (2) complete the online Parenting After Separation seminar (“Online Seminar”) within three months of filing the Statement of Claim or application. A certificate of attendance of the Seminar or a certificate of completion of the Online Seminar must be filed with the Clerk of the Court.

3. No application for interim support for children, custody of, access to, parenting of or contact with children under the age of 16 shall be brought before the party bringing an application first attends the Seminar or completes the Online Seminar. A certificate of attendance or a certificate of completion must be presented to the Clerk of the Court prior to filing an application.

However, in situations where there is an application being brought:

a. for interim custody or parenting incidental to an ex parte restraining

order where there is domestic violence,

b. where kidnapping or abduction of a child is alleged, or

c. where a unilateral change in de facto custody of a child has taken place,

the Applicant may bring an application without first attending the Seminar

or completing the Online Seminar. In such cases, the Applicant is required

to either:

(1) register in the Seminar and provide the proposed date of attendance to the Clerk of the Court and attend the Seminar within two weeks of filing the application, or;

(2) register in and commence the Online Seminar within two weeks of filing the application and provide the proposed date of completion to the Clerk of the Court.


2 July, 2015

4. The Plaintiff or Applicant must serve upon the Defendant or Respondent to any action or application a “Notice of Mandatory Seminar” in the prescribed form at the same time as the Statement of Claim or originating document is served.

5. The Defendant or Respondent to any such action must attend the Seminar or complete the Online Seminar within three months of being served with the Statement of Claim or originating document and file a certificate of attendance or a certificate of completion with the Clerk of the Court.

6. Before an action can be set down for trial, proof of attendance or proof of completion by the party setting the action down for trial must have been filed.

7. Both parties seeking a desk divorce must file proof of attendance at the Seminar or proof of completion of the Online Seminar. For clarity, this provision also applies where the parties proceed by joint application for divorce.

8. Any party who does not attend the Seminar or does not complete the Online Seminar and has not been exempted may be subject to having his or her pleadings struck or may be refused the right to make submissions on an application or at trial.

9. There is no requirement to take the Seminar or the Online Seminar where the children are all 16 years of age or over or where the children are ordinarily resident outside of Canada.

10. There may be other extraordinary cases where an exemption from attending the Seminar or completing the Online Seminar will be granted and these cases will be dealt with on an individual basis upon application to the court. The application to be used is attached to this Practice Note.

COURT FILE NUMBER

Court of Queen’s Bench

JUDICIAL CENTRE (Queen’s Bench)

APPLICANT(S)

RESPONDENT(S)


3 August, 2019

DOCUMENT Parenting After Separation Seminar Application for Exemption

ADDRESS FOR SERVICE AND

CONTACT INFORMATION OF

PARTY FILING THIS DOCUMENT

Date of Application:

Name of person seeking exemption:

Name of counsel:

Name of other party:

Name of counsel:

Date registered for Seminar____________Proposed attendance date;__________

or

Date registered for Online Seminar: ________ Proposed completion date:_____

Reason for asking for exemption:

Exemption not granted

Exempt from taking the Seminar or Online Seminar

Exempt from taking the Seminar or Online Seminar before bringing Notice of

Motion or application but must take the Seminar or complete the Online Seminar

within one month of today’s date. [In order to obtain a one month exemption the

party must already be registered for the Seminar or Online Seminar on the dates

indicated on this request.]

Justice of the Court of Queen’s Bench

Date


4 August, 2019



Family Law Regular and Special Chambers

Effective: April 3, 2018

The purpose of this Practice Note is to facilitate the filing of proper application

documents, in a timely manner, in the appropriate court venue, that provide only

the evidence necessary to decide the issue(s).

A. GENERAL

1. This Practice Note applies to anyone applying for a Court order, before

or after trial, in proceedings mentioned in rule 12.2 of the Alberta Rules

of Court except for applications for provisional orders under rule 12.46.

Applications for judicial review in family law matters must comply with

Civil Practice Note 2.

2. This Practice Note is subject to Family Law Practice Note 1.

3. Self-represented litigants (SRLs) in Edmonton bringing an application

for guardianship, parenting, or contact with a child under the Family

Law Act must have met with a Family Court Counsellor before filing

their application.

4. SRLs in Calgary, Red Deer, and any judicial centre that has

implemented the Intake, Resolution and Caseflow Management

Program, bringing an application under the Family Law Act respecting

parenting, guardianship, contact with a child, enforcement of time with

a child, child support, declaration of parentage, or exclusive possession,

or under the Extra-provincial Enforcement of Custody Orders Act

respecting the enforcement or variation of a custody order or the making

of a custody order, must meet with a Family Court Counsellor for an

intake interview about options and referrals before filing their

application. (See Family Law Practice Note 9).

B. FILING AN APPLICATION

5. Applications that are estimated to take 20 minutes or less, including the

time for the Applicant and Respondent to make submissions, the Court

to ask questions, deliberate and provide a decision, may be heard in

Regular Family Chambers.

6. Applications that are estimated to take longer than 20 minutes must be

heard in Special Family Chambers. The Applicant must use best

efforts to find a hearing date that is agreeable to all parties. If the


5 January 1, 2019

opposing party cannot be reached within a reasonable time or the

opposing party is not cooperating in the selection of a hearing date, the

Applicant may select a hearing date and give notice of that date to the

Respondent.

7. If the Respondent does not object to the hearing date, the Applicant’s

application will go ahead on the selected hearing date. If the Respondent

objects to the hearing date selected by the Applicant, the Respondent

must, within one week of receiving notice of the hearing date, seek

leave to obtain a different hearing date (see paragraph 56).

8. Except in cases of urgency, the Court will not hear applications for the

following matters in Regular Family Chambers:

a. a change of custody;

b. substantial changes to a parenting arrangement; or,

c. retroactive child or spousal support for a period exceeding six (6)

months.

9. It is the parties’ responsibility to assess the complexity of the

application (and cross-application, if any) to ensure it can be heard in

the time selected, including the time for the Applicant and Respondent

to make submissions, and the Court to ask questions, deliberate and

provide a decision. The Justice hearing the matter always has the

discretion to adjourn one or more issues to a separate hearing date and

order costs of the adjournment.

Application documents

10. An Applicant seeking relief under the Divorce Act or in an existing

proceeding under the Family Law Act must file a Family Application,

Form FL-18, along with an affidavit in support of the application. (See

Rule 12.44)

11. An Applicant bringing an application in a new proceeding under the

Family Law Act must file a Claim, Form FL-10, along with one or more

statements in Forms FL-34 to FL-56, or an affidavit.

12. A Respondent who intends to provide evidence in response to an

application under the Divorce Act must file an affidavit.

13. A Respondent who intends to respond to an application under the

Family Law Act must file Form FL-11. The Respondent may provide

evidence in support of the response by filing an affidavit or one or more

reply statements in Forms FL-57 to FL-78.


6 January 1, 2019

14. An Applicant may file further evidence in reply to the Respondent’s

evidence by filing an affidavit or one or more reply statements in Forms

FL-57 to FL-78. The Applicant’s reply must be limited to evidence that

explains, refutes, or contradicts any new evidence raised in the

Respondent’s affidavit or reply statements.

15. The Applicant and Respondent must file all application documents,

responding documents, and supporting affidavits and statements with

the Chambers Filing Clerk or equivalent in the appropriate court office

in each Judicial Centre as set out in Appendix A.

16. If an application has previously been adjourned sine die (to no fixed

date) from either Regular Family Chambers or Special Family

Chambers, the letter restoring the application must indicate which

applications are to be heard on the new hearing date. Likewise, if a

matter is adjourned from Regular Family Chambers to a specified

hearing date in Special Family Chambers, the order adjourning the

matter shall identify the issues to be determined in Special Family

Chambers, and shall indicate whether a cross-application will be filed.

C. FILING A CROSS-APPLICATION

17. A cross-application is an application by the Respondent for a different

order, rather than simply arguing that the Applicant's order should not

be granted.

18. A Respondent bringing a cross-application under the Divorce Act must

file Form FL-18, clearly indicating in the title of the document that it is

a cross-application. The Respondent must provide evidence in support

of the cross-application in the same affidavit as any evidence provided

in opposition to the Applicant’s application.

19. A Respondent bringing a cross-application under the Family Law Act

must file either Form FL-11 or Form FL-10. Regardless of which form

is used, the Respondent must clearly indicate in the title of the document

that it is a cross-application. The Respondent must provide evidence in

support of the cross-application in the same affidavit as any evidence

provided in opposition to the Applicant’s application, or by filing one or

more statements in Forms FL-34 to FL-56 in support of the

cross-application and by filing one or more reply statements in Forms

FL-57 to FL-78 in response to the Applicant’s application.

20. If the parties anticipate that the cross-application will extend the time

required for the hearing beyond the time originally scheduled (see

paragraph 9) they must, within one week of the filing of the

cross-application,


7 January 1, 2019

a. agree to set a new hearing date with more time for both the

application and the cross-application;

b. agree to hear only the application on the original hearing date and

seek a separate hearing date for the cross-application; or,

c. failing agreement, the Cross-Applicant must seek leave of the Court

to obtain a hearing date for the appropriate amount of time (see

paragraph 56).

If the Cross-Applicant fails to bring such an application and there is

insufficient time to hear both the application and the cross-application,

only the Applicant’s application will proceed on the original hearing

date.

21. Where a cross-application has been filed under the Divorce Act, the

Applicant may file one further affidavit that is both a reply to the

Respondent’s response on the initial application and a response to the

Respondent/Cross-Applicant’s cross-application. The reply portion of

the affidavit shall be limited to evidence that explains, refutes, or

contradicts any new evidence raised in the response portion of the

Respondent’s affidavit.

22. The Respondent may then file one final affidavit in reply to the

Applicant/Cross-Respondent’s response on the cross-application. The

reply shall be limited to evidence that explains, refutes, or contradicts

any new evidence raised in the Applicant/Cross-Respondent’s response

to the cross-application.

23. Where a cross-application has been filed under the Family Law Act, the

Applicant may file one further affidavit that is both a reply to the

Respondent’s response on the initial application and a response to the

Respondent/Cross-Applicant’s cross-application, with the same

limitations as set out in paragraph 21, or may file one or more reply

statements in Forms FL-57 to FL-78.

24. The Respondent may then file one final affidavit in reply to the

Applicant/Cross-Respondent’s response on the cross-application, with

the same limitations set out in paragraph 22, or may file one or more

reply statements in Forms FL-57 to FL-78.

25. If a party wishes to rely on new relevant evidence that was not available

at the filing of the application or cross-application, the party must file an

affidavit titled “Update Affidavit” or an Update Statement in Form

FL-79 (Family Law Act applications only), containing the new evidence.


8 January 1, 2019

D. AFFIDAVIT REQUIREMENTS

26. Except with leave of the Court, the affidavit filings by each party are

limited to the following:

Application with no Cross-application

Party Document Page limits

(excluding

exhibits)

Applicant One (1) Applicant’s affidavit 8 pages

Respondent One (1) Respondent’s affidavit 8 pages

Applicant One (1) Reply affidavit 5 pages

Applicant and

Respondent

One (1) Update affidavit each (new

relevant evidence only)

3 pages

Application with a Cross-application

Party Document Page limits (excluding exhibits)

Applicant One (1) Applicant’s affidavit 8 pages Respondent/Cross-Applicant

One (1) Respondent/Cross-Applicant’s affidavit

8 pages

Applicant/Cross-Respondent

One (1) Applicant’s Reply/Cross-Respondent’s response affidavit

5 pages

Respondent/Cross-Applicant

One (1) Cross-Applicant’s Reply affidavit

5 pages

Applicant and Respondent

One (1) Update affidavit each (new relevant evidence only)

3 pages

The parties should clearly indicate in the title of the document, the

nature of the document being filed (e.g. Respondent/Cross-Applicant’s

Affidavit, sworn January 1, 2018) so that the filing clerk can easily

determine the page limits that apply.

27. The regulated Forms (statements) under the Family Law Act are exempt

from these page limits, but if additional pages are attached to the

statements, they shall be limited to four (4) pages, excluding exhibits.

28. Any third parties who are properly before the Court making submissions

or providing relevant evidence in the application (“Third Parties”),

including but not limited to Child and Family Services, the Director of

Maintenance Enforcement, or counsel for a child, may file one (1)

affidavit limited to 8 pages, excluding exhibits.

29. Affidavits must meet the following requirements:


9 January 1, 2019

a. 8½” by 11” paper with one inch margins;

b. 12-point font, Times New Roman (or equivalent);

c. 1.5 line spacing;

d. single-sided; and,

e. handwritten affidavits must be legible.

Exhibits and Attachments

30. Exhibits appended to affidavits and attachments appended to statements

must abide by the following:

a. they must be relevant, material, and not repetitive of materials

already on the Court file (see paragraph 48 regarding the Disclosure

Statement);

b. except with leave of the Court, they must not exceed 40 pages,

consecutively numbered;

c. they must be preceded by a table of contents identifying each

exhibit by its page number;

d. relevant passages of exhibits must be highlighted; and,

e. the original copy of an affidavit with exhibits should have the

exhibits separated by tabs.

31. Other affidavits in the same action must not be appended as exhibits.

32. Exhibits must be supportive only and cannot provide further narrative or

be used to extend affidavit page limits. The Court may award costs

against a party who includes non-relevant and extraneous documents as

exhibits.

33. Electronic exhibits (CDs, DVDs, flash drives, etc.) must not be included

in an affidavit, except with leave of the Court (see paragraph 56).

Evidence the Court may consider

34. Subject to paragraph 37, the Court will not consider evidence that is not

contained in an affidavit or statement.

35. The Court will not consider evidence contained in additional affidavits

or statements that are not permitted by this Practice Note, unless the

party has obtained leave of the Court (see paragraph 56).


10 January 1, 2019

36. The Court may not consider hearsay evidence contained in letters or

unsworn statements authored by third parties that are appended to

affidavits.

37. Oral evidence may be heard in Regular Family Chambers in exceptional

circumstances only. Oral evidence may be heard in Special Family

Chambers with leave of the Court (see paragraphs 56.f and 58).

38. The Applicant’s and Respondent’s evidence, whether contained in

affidavits or statements, filed for an application or cross-application in

Regular Family Chambers that is adjourned to Special Family

Chambers, shall serve as the Applicant’s and Respondent’s primary

evidence for Special Family Chambers.

E. CONCISE LETTER FOR SPECIAL FAMILY CHAMBERS

39. Each party must file and serve upon the other, one Concise Letter

addressed to the attention of the Court Coordinator or equivalent with

whom the hearing was booked (see Appendix A).

40. No response or reply to the opposing party’s Concise Letter may be

filed.

41. Where there is no cross-application, Concise Letters must be no longer

than five (5) pages.

42. Where there is a cross-application, Concise Letters must be no longer

than eight (8) pages.

43. Concise Letters must meet the following requirements:

a. 8½” by 11” paper with one-inch margins;

b. 12-point font, Times New Roman (or equivalent);

c. 1.5 line spacing;

d. single-sided; and,

e. handwritten Concise Letters must be legible.

44. The Concise Letter must provide a concise summary of the party’s

position. It must:

a. identify the parties and any counsel acting for a party;

b. identify any preliminary matters that must be addressed before the

application is heard;

c. identify the order(s) sought or opposed;


11 January 1, 2019

d. identify the issues raised in the application (and cross-application, if

any);

e. identify the relevant facts, as verified by the affidavits or statements

filed in relation to the application (and cross-application, if any);

f. explain the party's position on the issues;

g. cite any relevant cases; and,

h. estimate the time required for that party’s argument.

45. The following shall be consecutively numbered and appended to the

Concise Letter, preceded by a table of contents, and will not count in the

page limits for the Concise Letter:

a. a copy of the current application document (and cross-application

document, if any), supporting affidavits or statements, and if

necessary, relevant portions ONLY of previously filed affidavits or

statements, with the relevant portions highlighted;

b. copies of relevant previous orders, with the relevant portions

highlighted;

c. copies of any relevant portions of transcripts;

d. copies of the relevant cases or, depending on their length, the

relevant excerpts only, with the relevant portions highlighted;

e. any information sheets designated by the Court from time to time,

such as child support calculations, spousal support calculations, and

monthly cash projections; and,

f. for retroactive support claims, a concise summary or table of the

calculations for the retroactive support amount being claimed.

46. Each party shall file two (2) copies of the Concise Letter and

attachments with the Court and each party shall serve the Concise Letter

and attachments on the opposing party.

47. Any Third Parties making submissions in the application must file and

serve upon the Applicant and Respondent a Concise Letter that is no

longer than five (5) pages and that meets the requirements set out in

paragraphs 43 and 44. Third Parties should provide as attachments only

the documents set out in paragraph 45 that are relevant to their position.

48. An Applicant or Respondent who filed a Disclosure Statement that is

current and relevant may request, in a prominent place at the beginning


12 January 1, 2019

of the Concise Letter, that the Disclosure Statement (identified by date

sworn) be made available to the Justice along with the Concise Letter.

49. The Applicant and Respondent shall advise the Court in writing as early

as possible if some issues have settled and will no longer form part of

the hearing.

F. FILING DEADLINES FOR SPECIAL FAMILY CHAMBERS

50. The date upon which the Applicant secures a hearing date from the

Court, preferably on consent as described in paragraph 6, will be known

as the Triggering Date.

51. The filing deadlines for Special Family Chambers are as follows:

Application with no Cross-application

Party Document(s) Deadline

Applicant Applicant’s application and affidavit/statement(s)

Two (2) weeks after the Triggering Date

Respondent Respondent’s affidavit/statement(s)

Four (4) weeks after the Triggering Date

Applicant Reply affidavit/statement(s) Five (5) weeks after the Triggering Date

Third Parties (if any)

Third Parties’ affidavit(s) (if any)

Five (5) weeks after the Triggering Date

Applicant, Respondent and Third Parties (if any)

Concise Letter Seven (7) weeks after the Triggering Date

Applicant and Respondent

Update affidavits/statements (if required)

Two (2) weeks before the Hearing Date

Application with a Cross-application

Party Document(s) Deadline

Applicant Applicant’s application and

affidavit/statement(s)

Two (2) weeks after the

Triggering Date

Respondent Respondent’s cross-

application and


Four (4) weeks after the

Triggering Date

Applicant/Cross-

Respondent

Applicant’s reply/Cross-

Respondent’s


Six (6) weeks after the

Triggering Date

Cross-Applicant Cross-Applicant’s reply


Seven (7) weeks after the

Triggering Date

Third Parties (if

any)

Third Parties’ affidavit(s) (if

any)

Seven (7) weeks after the

Triggering Date


13 January 1, 2019

Applicant,

Respondent and

Third Parties (if

any)

Concise Letter Nine (9) weeks after the

Triggering Date

Applicant and

Respondent

Update affidavits/statements

(if required)

Two (2) weeks before the

Hearing Date

52. If the Applicant (including the Cross-Applicant on a cross-application),

does not meet the filing deadline for the initial application and affidavit

or for the Concise Letter, the Court Coordinator or equivalent, or the

filing clerk may remove that party's application or cross-application

from the schedule.

53. A party who cannot meet a filing deadline, or who has missed a filing

deadline, must seek leave of the Court to extend the deadline (see

paragraph 56). If the Court grants leave and changes a deadline, it is the

responsibility of the party who sought the revised deadline to

immediately notify the Court Coordinator or equivalent of the revised

deadline(s) and provide a copy of the applicable order. The Court may

impose costs consequences for missed deadlines. If the deadline has

passed, the other party may proceed without the defaulting party’s

evidence or submissions, or may apply to have the application struck.

54. For deadlines that fall on a holiday, the deadline is the working day

immediately before the holiday.

55. The deadlines and requirements for Special Family Chambers

applications set out in this Practice Note apply to files under the Court’s

case management program unless the case management justice or case

management counsel has varied them. (See Notice to the Profession and

the Public NP#2016-03).

G. OBTAINING LEAVE

56. A party seeking leave to:

a. obtain a different hearing date;

b. file after the deadlines set out above;

c. file affidavits or exhibits exceeding the page limits;

d. file additional affidavits;

e. file electronic exhibits; or,

f. present oral evidence in Special Family Chambers


14 January 1, 2019

must seek leave of a Justice in Regular Family Chambers or, if a Justice

has already been assigned to the hearing, then the party must seek leave

of the hearing Justice. In all cases, the party seeking leave must provide

reasonable notice to the opposing party.

57. In the case of 56.b. through e., a fiat granting permission to file a

document that does not comply with the Rules or this Practice Note

must be placed on the document that is being filed.

58. In the case of 56.f., the party must comply with Notice to the Profession

2014-2 (Template Oral Hearing Order). (See Announcements on the

Court of Queen’s Bench website.)

H. ADJOURNING APPLICATIONS SET FOR SPECIAL FAMILY

CHAMBERS

59. Prior to the filing deadline for the Concise Letter and with the consent

of the opposing party, a party may adjourn a Special Family Chambers

hearing by filing a letter with the filing clerk and Court Coordinator.

60. After the filing deadline for the Concise Letter or if the opposing party

does not consent, the party seeking an adjournment must appear before

a Justice in Regular Family Chambers to request the adjournment, or if a

Justice has already been assigned to the hearing, then the party must

seek an adjournment from the hearing Justice. In all cases, the party

seeking an adjournment must provide reasonable notice to the opposing

party.

61. If the file is under the Court’s case management program in Calgary or

Edmonton, the parties should direct any request for an adjournment to

the Case Management Coordinator.

62. When a matter is adjourned to a new Special Family Chambers date, the

adjournment letter or order confirming the new date must identify the

applications to be heard on the new Special Family Chambers date. If

the matter is adjourned sine die, the parties must comply with paragraph

16 when the matter is re-scheduled.

I. FILING ORDERS

63. All orders filed with the Court should be on pale green paper (pale

enough that it photocopies well) or should include a green document

corner.


15 January 1, 2019

J. FAILURE TO COMPLY WITH THIS PRACTICE NOTE

64. If a party does not comply with this Practice Note, the presiding Justice

may refuse to hear the application and/or award costs against the

non-complying party.

APPENDIX A

Appropriate filing venues for Regular Family Chambers

and Special Family Chambers applications in each Judicial Centre

All Judicial Centres other than the Judicial Centre of Edmonton:

If your application will take 20 minutes or less, you must file your application and supporting affidavit/statement(s), if any, with the Chambers Filing Clerk in your judicial centre.

If your application will take more than 20 minutes, you must contact the Court Coordinator for available dates, find a date that is agreeable to all parties (paragraphs 6 and 7 apply) and then schedule that date with the Special Chambers Court Coordinator (Calgary) or the Court Coordinator (Drumheller, Fort McMurray, Grande Prairie, Lethbridge, Peace River, Red Deer, St. Paul, Medicine Hat, and Wetaskiwin).

If you are a Self-Represented Litigant (SRL) in Fort McMurray, Medicine Hat, or St. Paul, you must appear first in Regular Family Chambers where the presiding Justice may set the application for Special Family Chambers.

If you are in Calgary and your application will be more than a half (1/2) day, you must schedule it with the Civil Court Coordinator. It would be wise to obtain several mutually agreeable dates from the opposing party in case the chosen date is not available.

Judicial Centre of Edmonton:

If your application will take less than one (1) hour, you must schedule your application with the Queen’s Bench Family Clerk.

If your application will take between one (1) hour and a half (1/2) day, you must schedule it with the Special Chambers Court Coordinator.

If your application will be more than a half (1/2) day, you must schedule it with the Civil Court Coordinator. It would be wise to obtain several mutually agreeable dates from the opposing party in case the chosen date is not available.

You must file all applications and supporting documentation with the Queen’s Bench Family Clerk.

For all applications that will take more than 20 minutes, you must select a date that is agreeable to all parties (paragraphs 6 and 7 apply).


16 January 1, 2019

Contact Information:

The phone numbers for all of the above-mentioned clerks and coordinators’ offices are listed below:

Location Contact Phone number

Calgary Special Chambers Court Coordinator

Civil Court Coordinator

(403) 297-7405

(403) 297-6258

Drumheller Court Coordinator (403) 820-7306 or

(403) 820-7300

(main line)

Edmonton Family Law Special Chambers

Booking Line (for 1 hour applications

with no oral evidence)

Special Chambers Court Coordinator

(for one-half day applications with no

oral evidence)

Civil Court Coordinator (for

applications that are one day or more

and all applications where the Court

has granted leave for oral evidence)

(780) 638-3637

(780) 422-2313

(780) 422-2311

Fort McMurray Court Coordinator (780) 743-7136

Grande Prairie Court Coordinator (780) 538-8921

Lethbridge Court Coordinator (403) 381-5455

Medicine Hat Court Coordinator (403) 529-8710

Peace River Court Coordinator (780) 624-6385

Red Deer Court Coordinator (403) 340-5360

St. Paul Court Coordinator (780) 645-6387

Wetaskiwin Court Coordinator (780) 361-1258



Family Law Conferences (For matters under Part 12 of the Alberta Rules of Court)

Effective: March 1, 2011

Pursuant to Rule 4.11, a Court-directed family law conference is available to

assist the parties in moving a matter towards trial. This Practice Note applies if

such a conference is requested by the parties or directed by the Court in

anticipation of trial.


17 January 1, 2019

A. The objectives of a family law conference are as follows:

I. Settlement Component

1. To define the specific matters in issue between the parties.

2. To establish the position of each party relating to the matters in issue.

3. To define the position of each party relating to settlement of the matters

in issue.

4. To encourage and promote settlement of the matters in issue. The

parties are encouraged to set out their settlement proposal in short,

written form. This proposal may be provided to the Conference Justice

together with the Family Law Summary set out at the end of this

Practice Note.

5. To determine what facts and issues can be agreed upon for:

(a) the purpose of settlement; and

(b) trial, if settlement is not possible.

II. Case Management Component

6. To specify the incomes, expenses, assets, liabilities, exemptions and

financial circumstances of the parties in a form which may be provided

to the Trial Judge at the start of the trial.

7. To establish what exhibits will be tendered at trial and whether

agreement on the admission of facts or exhibits can be reached.

8. To establish the number, names and types of witnesses reasonably

expected to be called at trial, the substance of their testimony and the

approximate duration of their testimony at trial.

9. To estimate the amount of time required for trial.

10. For matters not yet ready for trial, to determine the steps to be

completed before the filing of a Certificate of Readiness, to formulate a

plan for the completion of those steps and to determine if a further

pretrial conference is required.

B. The following procedural and practice directives apply to family law

conferences:

1. Summary forms must be exchanged by counsel at least seven days before the

date of the conference and submitted directly to the Conference Justice four

days prior to the conference. Failure to provide the forms in a timely fashion

may result in an award of costs against counsel personally.


18 January 1, 2019

2. If counsel wishes to have the client attend at conference, counsel shall

so advise the other counsel and the Court and make the arrangements

for a courtroom. Conferences with clients present will not be held in

private chambers.

3. Counsel for the parties, by agreement and with the consent of the

Justice, may arrange for a specific Justice to hear conferences at which

the clients will be present. These conferences should be arranged by one

of the counsel, after consultation with the other, telephoning the

Justice's secretary to make suitable arrangements.

4. The Justice who hears the conference shall not be the Trial Judge unless

counsel and both parties agree in writing.

5. The Conference Justice will provide a report concerning case

management directions to the Trial Coordinator, the Trial Judge, and the

parties, through counsel where retained, in advance of trial, but this

document will contain no reference to any settlement issues or

discussions.

6. At the request of counsel for any party, the Conference Justice may

make an Order directing steps or procedures to be taken prior to trial

and at trial including, but not limited to:

(a) agreements made concerning exhibits;

(b) filing of up dated statements of property, income and financial

circumstances of the parties;

(c) a list of the witnesses to be called at trial by each party with a brief

description of the expected testimony of each witness;

(d) agreements made related to admitted facts and issues;

(e) exchange of expert reports and the updating of any expert opinions;

(f) disclosure of documents; and

(g) whether a further conference should be held prior to trial.

C. Family Law Summary

COURT FILE NUMBER

COURT OF QUEEN'S BENCH OF ALBERTA

JUDICIAL CENTRE

PLAINTIFF(S)

DEFENDANT(S)


19 August, 2019

FAMILY LAW SUMMARY

CONFERENCE

ADDRESS FOR SERVICE AND



Information re Plaintiff

:

Information re Defendant

Name of party and status:

Responsible lawyer:

Law firm:

Address of party or law firm:

Address for service:

Phone number of lawyer:

File number of lawyer:

Electronic address of lawyer:

Submitted by:

Counsel for:

Proceedings are under:

Divorce Act

Matrimonial Property Act

Family Law Act

Parties Plaintiff/Applicant Defendant/Respondent

Name of party and status:

Responsible lawyer:

Law firm:

Address of party or law firm:

Address for service:

Phone number of lawyer:

File number of lawyer:

Electronic address of lawyer:

Birth Date:

Date of Cohabitation:

Date of Marriage:

Date of Separation:


20 August, 2019

Income:

Children: (names and birth dates)

1.

2

3.

4

Issues to be determined at trial: (Check those matters in issue)

Custody (Divorce Act)

Access (Divorce Act)

Parenting Issues (Family Law Act

Specify:

Time with child (Family Law Act)

(a) Guardian

(b) Non-guardian

Child Support:

(a) Income

(b) Entitlement

(c) Quantum

(d) Hardship

Spousal/Partner Support

(a) Income

(b) Entitlement

(c) Quantum

(d) Duration

Matrimonial Property

(a) Value

(b) Liabilities

(c) Exemptions

(d) Dissipation

(e) Method of Distribution

Other

Specify:

1. Trial

(a) Anticipated time required for evidence and argument:

Plaintiff/Applicant: _______ days

Defendant/Respondent: _______ days

(b) Are security problems anticipated? Yes / No

(c) List trial judges with potential conflicts:


21 January 1, 2019

(d) Are pleadings / required documents finalized? Yes / No

(e) List any obstacles to trial readiness (e.g. outstanding motions,

incomplete production, need for further examination, incomplete

undertakings, expert opinions, etc.)

(f) List the party's witnesses:

2. Admissions:

(a) Will there be an agreed statement of facts? Yes / No

(b) Do the parties agree on the admissibility of any exhibits? Yes / No

3. Alternative methods to resolve dispute:

What efforts have been made to settle this matter prior to the conference?

4. Expert Reports:

(a) Are there any expert reports, either obtained or to be obtained? Yes / No

(b) Will the expert(s) be up-dating his or her opinion before trial? Yes / No

(c) Will the qualifications of the expert(s) be admitted? Yes / No

(d) Application to cross-examine the expert before trial? Yes / No

(e) Can the reports be admitted without calling the experts? Yes / No

(f) Which ones? (Please list)

(g) Can the reports go to the trial judge before the trial? Yes / No

(h) In the case of an expert assessment touching on child related matters

where both parties have agreed on the assessor, will the assessor be

examined in chief or cross examined by both parties or will the

assessment be entered by agreement?

5. Positions:

(a) Set out the current arrangements for custody/access, parenting issues

(including time with the child), or contact, the party's position on the

disputed parenting issues, and the expert's opinion on those disputed

issues:

(b) Set out the current arrangement for child support, and the party's

position on the disputed child support issues such as guideline incomes,

section seven expenses, undue hardship:


22 January 1, 2019

(c) Set out the current arrangement for spousal / partner support, and the

party's position on the disputed spousal/partner support issues such as

entitlement, quantum and duration:

(d) Attach the party’s statement of assets, liabilities and exemptions

(including nature of and method of proof of exemptions and value and

tracing issues) and the party's position on the disputed issues.



Dispute Resolution Officer Project (Calgary) Child Support Resolution Project (Edmonton)

Effective: December 1, 2014

This Practice Note applies only to the Judicial Centres of Edmonton and Calgary. In Calgary, this Practice Note shall apply to any application for interim or variation of child support. In Edmonton, this Practice Note shall apply to such applications only if the applicant is self-represented.

This Practice Note does not apply to matters under the Child, Youth and Family Enhancement Act, RSA. 2000, c. C-12, nor does it apply to Provisional Orders made under the Divorce Act, RSC 1985, c. 3

A. For all actions set in the Judicial Centre of Calgary, the Dispute Resolution Officer (“DRO”) Project shall operate as follows:

1. Applications under the Family Law Act made by parties without counsel shall follow the process set out in Practice Note 9, and the steps set out in this Practice Note shall only apply once the application is set for a DRO session.

2. Any application for interim or variation of child support shall be first returnable before a volunteer DRO who shall assist the Court in a number of ways, from facilitating a resolution to providing directions for the completion of disclosure.

3. All child support applications (whether interim or variation) shall initially be scheduled by the Clerk of the Court to be spoken to at a DRO Session. The Clerk shall stamp on any application relating to child support a notation that any portion of the application relating to child support shall be spoken to at a DRO Session and shall indicate a date for that Session. A party may pre-book a DRO Session by telephone prior to filing an application.

4. Except in cases of emergency (in which case an exemption may be obtained by Fiat) no application for child support shall be heard in


23 January 1, 2019

Chambers unless a DRO has noted on the court file that a DRO Session has been completed.

5. The parties and (if represented) their lawyers shall attend at the DRO Session. The DRO shall attempt to negotiate settlement and may give directions regarding further disclosure to be provided by either party.

6. At the conclusion of the DRO Session, the DRO shall make a notation to be placed on the court file setting out the results of the DRO session. The DRO may assist in drafting the Consent Order, which the Parties shall sign and then attend in Court to present to a judge for signature. The Order might include the following:

a. Matter settled on the following basis (details to be set out) or as per attached Consent Court Order.

b. Further DRO Session scheduled by consent (set out return date).

c. No settlement reached; matter to be spoken to in Chambers (set out return date).

d. Matter to be spoken to in Chambers, and listed documentation to be provided (set out return date, disclosure to be provided and by whom).

Calgary Contact Information:

Dispute Resolution Officer Project

Suite 706, 601- 5 Street S.W.

Calgary, AB T2P 5P7

Telephone 403-297-3875

B. For all actions set in the Judicial Centre of Edmonton, the Child Support Resolution (“CSR”) Project shall operate as follows:

7. Except in the case of emergency (in which case an exemption may be obtained by fiat) no application for child support shall be heard in Chambers unless a CSR Project Officer has noted on the court file that a CSR Meeting has been completed.

8. CSR Project Officers are located in the Family Law Information Centre on the main floor of the Edmonton Court House.

9. All self-represented parties who wish to bring any application for interim or variation of child support must, before filing such an application, schedule and attend an appointment for a CSR Meeting. The Clerk of the Court shall issue a Notice to Attend Child Support Resolution Meeting which will indicate a date for the CSR meeting. The applicant must serve this Notice and all of his or her financial information (details of gross and net salary, details of any other income,


24 January 1, 2019

copy of last three years income tax information, and details of the change in circumstance) on the other party or parties.

10. The parties shall attend the CSR Meeting and shall bring all of their financial information to the Meeting. If the respondent is represented by counsel, that party’s lawyer may also attend. If one or both of the parties resides outside of the City of Edmonton, the CSR Meeting may take place by telephone conference. The CSR Officer shall attempt to negotiate settlement and may give directions regarding further financial disclosure to be provided by either party.

11. The CSR Officer may assist in drafting a Consent Order, which the parties may sign. The Consent Order will then be sent to a judge for signature.

12. At the conclusion of the CSR Meeting, the CSR Officer shall make a notation to be placed on the court file, setting out the results of the CSR Meeting. Such notation might include the following:

a. Matter settled on the following basis (details to be set out) or as per attached Consent Order.

b. Further CSR Meeting scheduled by consent (set out return date).

c. No settlement reached; matter to be spoken to in Chambers (set out return date).

d. Matter to be spoken to in Chambers. Listed documentation to be provided (return date to be set out, details of disclosure to be provided and who is to provide it).

Edmonton Contact Information:

Child Support Resolution Project

Family Law Information Centre

Main Floor, Law Courts Building

1A Sir Winston Churchill Square

Edmonton, Alberta T5J 0R2

Telephone: 780-427-1907


25 January 1, 2019



Allegations of Sexual Abuse

Effective: November 1, 2018

1. This Practice Note applies to family law actions where one parent makes an

allegation of child sexual abuse against the other parent, or someone in his or

her household, and is intending to raise the allegation in court proceedings

for custody, access, parenting or contact. The Court expects that the parent

making the allegation will have reported the matter to the police and the

designated office of Children’s Services in the appropriate region.

2. In these circumstances, counsel for the party making the allegation or if

self-represented, the party, shall forthwith provide a completed Notification

in Form 1 to the Clerk of the Court in the appropriate judicial centre. A

judge hearing an application for custody, access, parenting or contact may

direct that a Notification in Form 1 be completed by a party to the

proceeding.

3. Upon receipt of the Notification in Form 1, or upon receiving a complaint, a

special investigator designated by Children’s Services shall complete a Child

Protection Screening [Form 2 or a Report in a similar format]. The

information provided to the special investigator will be assessed in light of

the provisions of the Child, Youth And Family Enhancement Act to

determine if there are grounds for investigation. If it is determined that the

matter does not warrant an investigation, a copy of the completed Form 2 (or

the Report) shall be forwarded to the designated Justice in the appropriate

Judicial Centre.

4. If the information obtained from the Child Protection Screening requires

further investigation, the special investigator shall ensure that a Child and

Family Services Investigation proceeds forthwith and may, for that purpose,

utilize the assistance of the appropriate police authority as required. The

special investigator shall complete an investigation report and attach it to a

completed Form 3 or provide a Report in a similar format, and this shall be

forwarded to the designated Justice in the appropriate Judicial Centre.

5. The special investigator from Children’s Services and the police authority or

either of them shall be entitled to consult with other professionals if required

during the course of the investigation, who may prepare a Specialized

Referral Report (Form 4). The special investigator will forward any reports

to the designated Justice in the appropriate Judicial Centre.


26 January 1, 2019

6. All reports received from Children’s Services will be placed in a sealed envelope on the court file. However, the parties or their respective counsel shall be entitled to receive a copy unless in the Court’s discretion it is not in the children’s best interests to do so or the report does not pertain to the issue before the court.

7. Upon receipt of a Report pursuant to paragraphs 3 or 4 of this Practice Note, the designated Justice will hold a case conference to consider changes to custody, access, parenting or contact, and whether the action should be subject to case management.

8. If the action is directed into case management under Rule 4.13, all applications shall be brought before the assigned case management Justice.

9. This Practice Note applies to the Judicial Centre of Edmonton, the Judicial Centre of Calgary, the Judicial Centre of Red Deer, and the Judicial Centre of Grande Prairie.


27 January 1, 2019


28 January 1, 2019


29 January 1, 2019


30 January 1, 2019


31 January 1, 2019



International Child Abduction – Hague Convention

Effective: March 1, 2011

I. Preamble

1. The 1980 Hague Convention on the Civil Aspects of International Child

Abduction (the "Hague Convention") became law in Alberta on February 1,

1987, pursuant to the International Child Abduction Act, R.S.A. 2000, c. I 4.

2. The objectives of the Hague Convention are:

(a) to secure the prompt return of children wrongfully removed to or

retained in any contracting state; and

(b) to ensure that rights of custody and of access under the law of one

contracting state are effectively respected in the other contracting states.

3. The Hague Convention requires that any applications for the return of a child

must be handled using the most expeditious proceedings available.

4. The Family Law Branch of Alberta Justice fulfills the responsibilities of the

Alberta Central Authority pursuant to the Hague Convention.

5. A Canadian Network of Contact Judges (the "Network") was established to

deal with issues of inter jurisdictional parental child abduction and inter

jurisdictional cases of child custody. The Network reports to the Family

Law Subcommittee of the Canadian Judicial Council. The Network has

asked each court to set up a pool of specially trained judges to deal with inter

jurisdictional custody and parental child abduction cases, including

applications pursuant to the Hague Convention.

6. To ensure that return applications under the Hague Convention are dealt

with expeditiously, the Court of Queen’s Bench in Alberta approved a

Procedural Protocol on May 28, 2008. The Procedural Protocol is the basis

of this Practice Note.

II. Procedural Protocol

7. The Chief Justice of the Court of Queen's Bench will ask the Alberta Central

Authority to advise him, or his designate, as well as the Chief Judge of the

Provincial Court of Alberta, or her designate, when it receives an application

under the Hague Convention for the return of a child who has been

wrongfully removed to or retained in the Province of Alberta ("Notice of


32 January 1, 2019

Return Application"). Upon receiving this Notice from the Central

Authority, the Chief Justice or his designate will ensure that a copy of the

Notice of Return Application is filed with the Clerk's Office.

8. Article 16 of the Hague Convention provides that where a court has notice of

a wrongful removal or retention of a child, the court shall not proceed on the

substantive issues regarding custody or access regardless of where the return

application is brought, i.e. regardless of whether the child is removed to or

retained in Alberta until the return application has been determined.

9. The filing of a Notice of Return Application will be sufficient to open a

court file where no file exists. This would subsequently be followed in the

normal course by the filing of a return application.

10. The return application will be commenced in the court as an Application

under the existing file or, where there is no existing file, then under the file

opened by the Clerk. The Rules of Court with respect to notice, service,

evidence and procedure will apply, with regard to the Hague Convention's

requirements for ensuring expediency and priority.

11. Article 29 of the Hague Convention allows persons to bring return

applications to the court directly, rather than through the Central Authority.

The Central Authority is to be notified of direct return applications.

12. The Central Authority is to be notified of the commencement of any court

proceedings in Alberta respecting custody or private guardianship of, or

access to, a child who is the subject of a Notice of Return Application or of a

return application in another jurisdiction, until such time as the return

application is determined.

13. The responsibility for notifying the Central Authority regarding the

commencement of applications described in paragraphs 11 and 12 is with the

party bringing the application. The court must be satisfied that the Central

Authority has been notified of such an application before proceeding to

consider it on the merits.

14. This Practice Note is to be modified where appropriate and where necessary

to apply to proceedings to enforce child protection orders under The Child,

Youth and Family Enhancement Act, R.S.A. 2000, c. C 12.


33 August, 2019


Family Law Practice Note 7

Interventions

Effective: May 1, 2019

Purpose and Application

[1] A Practice Note 7 Intervention (the “Intervention”) may be appropriate in a Family Law case where decisions concerning children are before the Court and families are experiencing a state of conflict. There are two primary types of Interventions that fall under this Practice Note: Evaluative Interventions that provide information to the Court to assist in decision-making and Therapeutic Interventions that work toward resolution of disputes, manage conflict and make changes in the existing family dynamic.

[2] Interventions are conducted by Parenting Experts who are registered psychologists or registered clinical social workers1 with a combination of education, training, experience and continuing learning such that the Parenting Expert qualifies as an expert witness. The Parenting Expert must adhere to the ethical codes and standards of practice for their profession.2

[3] The purpose of a Practice Note 7 Intervention Order is to:

a) have the Parenting Expert report back to the Court and assist the Court in identifying challenges specific to the family and to facilitate resolution of those challenges with the assistance of the Parenting Expert; and,

b) bring the Parenting Expert under the jurisdiction and protection of the Court.

[4] All Interventions (evaluative or therapeutic) listed in this Practice Note can be undertaken by a Parenting Expert both before and after final determination of the parenting issues. In addition, these are services families can access on a voluntary basis (which often eliminates the necessity for report writing or communication with lawyers or the Court), or they can be initiated by counsel for the parties, without Court involvement.

______________________________

1. Social workers who were completing PN 7 Interventions before May 1, 2019 are

grandfathered into the application of this Practice Note and may continue to do so.

2 A roster of psychologists and social workers who conduct various PN7 Interventions is

found at www.afccalberta.com/referral-page and

www.acsw.ab.ca/site/public/find-a-social-worker/pn7-interventions-listing

https://www.afccalberta.org/referral-page

https://www.acsw.ab.ca/site/public/find-a-social-worker/pn7-interventions-listing


34 August, 2019

[5] It is in the best interests of child(ren) and their families that Interventions, where warranted, are conducted early in the court process and are completed quickly, but thoroughly.

Limitations and Restrictions

[6] A Parenting Expert conducting an Intervention will not provide an opinion or recommendation on parenting time, parenting responsibilities, decision making, or relocation. The Parenting Expert can, however, describe what is happening with the child(ren) and within the family dynamic.

[7] A Parenting Expert under this Practice Note is a Court expert who must provide an independent report to the Court. The Parenting Expert is a friend of the Court and the Court may not apply Rules 6.40 to 6.43 in relation to these experts.

[8] A Parenting Expert who has conducted any form of Practice Note 7 Intervention for a family cannot conduct a Practice Note 8 Child Custody/Parenting Evaluation for the same family.

[9] A Parenting Expert is not permitted to engage in both an evaluative and a therapeutic intervention for a family or any member of the family, but may be able to conduct multiple therapeutic interventions in accordance with the ethical codes and standards of practice for their profession. In some cases, a separate Parenting Expert may be required for each of the parties and for the child(ren).

[10] This practice note does not apply to matters under the Child, Youth, and Family Enhancement Act, RSA 2000, c C-12.

[11] The Court shall order an Intervention only if the parties are able to pay the cost of the Intervention, after considering any available subsidies or private health care coverage, or if the party seeking the Intervention is able to pay the entire cost of the Intervention at first instance, subject to their right to seek a contribution from the other party at the conclusion of the Intervention.

The Process

i. Where both parties are represented by counsel and there is agreement on an Intervention

[12] Where both parties are represented by counsel, counsel shall schedule a brief telephone conference with the Parenting Expert in advance of the application for a Practice Note 7 Intervention Order.

[13] The purpose of the telephone conference is to:

a) ensure the Intervention contemplated is the appropriate one for the family circumstances;

b) discuss the terms of a service agreement, the required retainer and the date the retainer is to be paid; and,


35 August, 2019

c) determine the scope of the Intervention (including approximate number of hours required and the estimated date for completion) and the specific issues the Parenting Expert is to address.

[14] Counsel should incorporate the above information into the template Practice Note 7 Intervention Order attached as Appendix A.

[15] If counsel are able to resolve the wording of the Practice Note 7 Intervention Order, they may submit the proposed Order, in the form attached as Appendix A, signed by the parties and the Parenting Expert (indicating his/her approval of the terms of the Order and consent to act), by desk application.

ii. Where one or both parties are self-represented litigants or where there is no agreement on an Intervention

[16] Either party may apply for a Practice Notice 7 Intervention Order. The party bringing the application has an obligation to provide the name(s) of one (1) to three (3) proposed Parenting Expert(s).

[17] On hearing an application pursuant to paragraph 16 above, if the Court is satisfied that an Intervention is warranted and counsel and/or the parties are able to resolve the wording of the Practice Note 7 Intervention Order, including the selection of a Parenting Expert without further assistance from the Court, they may submit the proposed Order in the form attached as Appendix A, signed by the parties and the Parenting Expert (indicating his/her approval of the terms of the Order and consent to act), by desk application.

[18] On hearing an application pursuant to paragraph 16 above, if the Court is satisfied an Intervention is warranted, but the particulars of the Order have not yet been determined, including the selection of a Parenting Expert, counsel or the Court Generated Order Clerk (where both parties are self-represented), will prepare the Preliminary Practice Note 7 Intervention Order in the form attached as Appendix B. The Preliminary Practice Note 7 Intervention Order will identify one (1) to three (3) Parenting Expert(s) selected by the parties or the Court with whom the parties will consult as to their availability in the event they are unable to agree on the Parenting Expert.

[19] The parties have 14 days from the granting of the Preliminary Practice Note 7 Intervention Order to select the Parenting Expert, by agreement or from the list of Parenting Experts identified by the Court. If the parties are then able to resolve the wording of the Practice Note 7 Intervention Order without further assistance from the Court, they may submit the proposed Order in the form attached as Appendix A, signed by the parties and the Parenting Expert (indicating his/her approval of the terms of the Order and consent to act), by desk application.

[20] Within 30 days of the granting of the Preliminary Practice Note 7 Intervention Order, the parties shall either provide the Court with a signed and consented to Practice Note 7 Intervention Order, or schedule a conference in open court with the Justice and the Parenting Expert (who may appear by


36 August, 2019

telephone) and counsel (where one or both parties is represented). The purpose of the conference is to:

a) ensure the Intervention contemplated is the appropriate one for the family circumstances;

b) discuss the terms of a service agreement, the required retainer and the date the retainer is to be paid; and,

c) determine the scope of the Intervention (including approximate number of hours required and the estimated date for completion) and the specific issues the Parenting Expert is to address.

Unless otherwise directed by the Court, the party applying for the Practice Note 7 Intervention Order is responsible for arranging the attendance of the Parenting Expert (in person or by phone).

[21] Once the conference referred to in paragraph 20 has been held, and the parties have signed the service agreement, counsel or the Court Generated Order Clerk (where the parties are self-represented), will prepare the Practice Note 7 Intervention Order in the form attached as Appendix A. Counsel or the self-represented party applying for the Intervention will arrange for the Parenting Expert to sign the Order, indicating his/her approval of the terms of the Order and consent to act. The parties may then submit the completed Practice Note 7 Intervention Order by desk application to the Justice who granted the Preliminary Practice Note 7 Intervention Order.

[22] If the parties fail to comply with the timeline above, the party seeking the Intervention must immediately contact the Justice who granted the Preliminary Practice Note 7 Intervention Order to advise of the following:

a) particulars of the non-compliance;

b) the reason, if any, for the non-compliance; and,

c) any agreement reached on parenting issues since the Preliminary Practice Note 7 Intervention Order was granted.

[23] Upon receiving the above information, the Justice may direct the parties to appear in Court to address the non-compliance. The Justice may impose sanctions, including an award of costs, on a party who fails, without reasonable excuse, to comply with the terms of a Preliminary Practice Note 7 Intervention Order.

During the Intervention

[24] The parties are prohibited, without leave of the Court, from making further applications or proceeding with steps in previously scheduled applications until the Intervention is completed, unless the health or safety of a child is at risk or the Parenting Expert recommends an application be made.

[25] To facilitate the Intervention, the Court may include a provision in the Practice Note 7 Intervention Order limiting or suspending a Queen’s Bench


37 August, 2019

No-contact Order, an Emergency Protection Order, a Queen’s Bench Protection Order or a Restraining Order to the extent necessary to facilitate the Intervention, provided the safety of the parties is maintained.

[26] The parties and the child(ren) shall cooperate with the Parenting Expert and attend before the Parenting Expert, as required. Where a party refuses to consent to the Intervention or any part of it, or refuses to cooperate in the Intervention, the Court may dispense with that party’s consent and order the Intervention to proceed without that party’s involvement.

[27] The Parenting Expert will determine if it is in the best interests of the child(ren) to disclose in the report some, all, or none of the information received from a parent, child or other source. However, if the dispute between the parties proceeds to summary trial, trial or oral hearing, the Court may compel production of any information not previously disclosed.

[28] All third parties involved with the child(ren) and their parents, including but not limited to the child(ren)’s teachers and school authorities, family and child counsellors and assessors, mediators, church personnel, visit supervisors, medical service providers, psychologists and social workers, are authorized to be interviewed and to release any and all information about the child(ren) and their parents, including documentary information, to the Parenting Expert, where release is not prohibited by statute, privilege or otherwise. The ability of the parenting expert to obtain information, including documentary information, from a person employed or assisting in the administration of the Child, Youth and Family Enhancement Act, is subject to the confidentiality and privilege provisions of that Act, including section 126.11 thereof.

[29] Unless the Intervention is completed or otherwise terminated, the Parenting Expert shall, within three months of the commencement of the Intervention, provide a brief status update regarding the number of sessions held to date, the remaining sessions in the retainer, any impediments to the process, the expected completion date for the report, and any other relevant information to the Justice granting the Practice Note 7 Intervention Order, with copies to the parties where appropriate.

[30] No concern or complaint may be made to the professional body governing the practice of the Parenting Expert until after:

a) the parties have resolved all parenting issues as evidenced by a written settlement agreement or final order or judgment; or,

b) the Court has rendered its decision in the matter for which the Intervention(s) has been ordered, and all appeals have been heard or all appeal periods have expired.

Review and Use of the Practice Note 7 Intervention Report

[31] The Parenting Expert shall prepare an Intervention Report. The Parenting Expert’s recommendations for the parties, if any, shall be appended to the Intervention Report.


38 August, 2019

[32] The Parenting Expert shall provide copies of the Intervention Report to the Justice granting the Practice Note 7 Intervention Order and to counsel for the parties. The Parenting Expert shall notify self-represented litigants when the Intervention Report is sent to the Justice. The parties shall not receive a copy of the Intervention Report, but they may receive, either from counsel or the Parenting Expert, a copy of the appendix to the Intervention Report containing the Parenting Expert’s recommendations.

[33] The Intervention Report will be placed in a sealed envelope on the Court file (sealing does not preclude a party’s access to the report, as outlined below).

[34] The parties are entitled to review the entire Intervention Report at their counsel’s office, while under supervision. They shall not have a cell phone or other electronic device in their possession while viewing the report. The parties shall not receive a copy or make handwritten notes or electronic copies of the report without prior leave of the Court.

[35] Where a party is self-represented, the party may contact the Court to arrange to review the entire Intervention Report in the presence of a Clerk of the Court, which may include a Clerk of the Provincial Court. Parties shall not have a cell phone or other electronic device in their possession while reviewing the report. They shall not receive a copy or make handwritten notes or electronic copies of the report without prior leave of the Court.

[36] The child(ren) shall not see or receive copies of any portion of the Intervention Report, including any appendix, nor shall the parties discuss any aspect of the report with the child(ren), including the Parenting Expert’s recommendations.

[37] If either party wishes to rely on the Intervention Report in any subsequent parenting application or judicial dispute resolution, they may do so by referring to the copy of the report on the Court file. Parties shall not attach the Intervention Report as an exhibit to an affidavit in any proceeding. For the purposes of summary trials, trials, or other oral hearings, the Intervention Report may be entered as a sealed exhibit. The recommendations contained in the appendix to the Intervention Report are exempt from these restrictions.

[38] Once the Intervention Report is received, the Justice receiving the report may convene a hearing with the Parenting Expert and the parties or take other steps toward resolution of the issues. The Justice receiving the report will also consider whether to recommend to the Chief Justice or Associate Chief Justice that the matter should be assigned into case management.

[39] In the event a Practice Note 8 Child Custody/Parenting Evaluation is ordered, the Practice Note 7 Intervention Report(s) shall be provided to the Parenting Expert conducting the Practice Note 8 Evaluation.

[40] If counsel withdraws as lawyer of record, counsel is responsible for removing the Intervention Report from their file and returning all copies to the Parenting Expert before releasing the file to the party.


39 August, 2019

Types of Interventions Covered by Practice Note 73

[41] Evaluative Interventions include:

i. Triage – To assess the family situation on a preliminary basis and provide a recommendation to the Court concerning the need for and type of intervention(s) that may best meet the needs of the family;

ii. Views (Voice) of the Child(ren) – To canvass the views and needs of the child(ren), including information from parents and collaterals;

iii. Parent Psychological Evaluation – To address specific questions or concerns about the functioning of individual parents;

iv. Child/Adolescent Psychological Evaluation – To address specific questions or concerns about the individual functioning of the child(ren);

v. Focused Assessment - To address a specific question.

[42] Therapeutic Interventions include:

vi. Therapeutic Intervention with One Parent (counselling for one parent);

vii. Therapeutic Intervention with Both Parents (post-separation/divorce counselling);

viii. Therapeutic Intervention with the Child only (counselling for the child);

ix. Therapeutic Intervention with Parents and Child(ren) (counselling involving the entire family);

x. Parent-Child Reunification (also known as remedial facilitated access).

i. Evaluative Intervention: Triage

The Parenting Expert will evaluate the family and make recommendations to the Court concerning the type of intervention(s) that may best meet the needs of that family. Recommendations may include providing various forms of therapeutic support to the family, obtaining additional information to identify issues or needs, or obtaining an evaluation under Practice Note 8 to determine the parenting arrangement and decision making that is in the best interests of the child(ren).

____________________________________________

3 Additional information on various Practice Note 7 Interventions is available at

www.afccalberta.com/referral-page



40 August, 2019

[43] This process begins with consultation with a Parenting Expert. The discussion focusses on the problems the family is facing and selecting the best service(s) to assist the family. The Parenting Expert will identify the least intrusive process that may help the family.

[44] If brief conversation with legal counsel does not point to “the best” process, a triage approach could include:

• interviews with each parent;

• interviews with the child(ren) – often each child is brought once by each parent;

• file/document review; and,

• collateral contacts (child and family services, school, and police).

[45] The Parenting Expert will produce a report describing information obtained, the apparent needs of the family and what processes could best assist the family in moving towards resolution.

[46] The time required to complete a triage is discussed with the Parenting Expert in advance.

ii. Evaluative Intervention: Views (Voice) of the Child(ren)

This Intervention canvasses the specific needs of, or where appropriate, the wishes of the child(ren).

[47] The process of a Views (Voice) of the Child(ren) often includes:

• one interview with each parent;

• two or more (one to two hour) interviews with each child, with the child brought once by each parent;

• in rare occasions document review or collateral contacts may be included (usually two hours or less);

• in some circumstances, psychological testing; and,

• report writing (usually two to three hours per child).

[48] The report describes:

• what the parents identify as issues regarding the child;

• what the child says about the parents/family situation and their needs;

• whether the statements made by the child are consistent (vocabulary, perspective) with what a child of that age is expected to say or whether the child appears to be influenced, coached or exposed to negative influences regarding the family;

• an adolescent’s understanding of the pros and cons of a decision, and his or her appreciation of the implications may be explored; and,


41 August, 2019

• the needs of the family and what processes could be of assistance in meeting those needs.

[49] In some cases, a Views (Voice) of the Child Intervention is expanded to include examining the child(ren) for emotional, behavioural, academic/intellectual or other needs and whether any child is in need of therapy or special programming and supports. In some cases, a medical opinion is sought.

[50] A Views (Voice) of the Child report is not an assessment of the parents and no opinion is given regarding parenting time or the suitability of the child(ren) being in the care of either parent.

iii. Evaluative Intervention: Parent Psychological Evaluation

Under this Intervention, the Parenting Expert can examine if there are risk factors or protective factors present that suggest the parent cannot adequately meet the needs of a child and what supports that parent may require.

[51] Typically, a parent psychological evaluation is used where there are concerns about the functioning of one parent but not the other. It is a comprehensive evaluation of one parent, examining areas such as:

• psychological functioning/mental health;

• addictions history/substance abuse/risk;

• parenting knowledge and beliefs;

• personal history;

• knowledge of and involvement with their child(ren); and,

• the impact of trauma on a parent or child.

[52] Components of a parent psychological evaluation often include:

• interview of the parent;

• psychological/parenting testing of the parent;

• interview with the other parent;

• possible interview with the child(ren);

• office or home observation of parent and child(ren);

• collateral contacts;

• document review; and,

• report writing.

iv. Evaluative Intervention: Child/Adolescent Psychological Evaluation

[53] Other forms of Evaluative Interventions can be ordered by the Court to obtain information regarding:

• the mental health/need for counselling for a child;


42 August, 2019

• the treatment, supports or special school programming that may be required for a child with special needs (emotional, behavioural, intellectual, learning); and,

• potential risks/benefits to the child from participation in a special educational program (for example, French Immersion, Sports Academy).

[54] The Parenting Expert can provide guidance where each parent describes the needs, aptitudes, likes and dislikes of the child in very different terms.

[55] This type of Intervention generally includes an interview with each parent and one or more interviews with the child.

v. Evaluative Intervention: Focused Assessment to address a specific question

[56] Other focused Interventions include:

• evaluating the severity of an addiction;

• a mental health assessment of a parent to address a question or issue not otherwise addressed through a Parent Psychological Evaluation;

• risk of recidivism for a parent with a criminal history; and,

• a parent’s knowledge of child development and appropriate discipline.

vi. Therapeutic Intervention with One Parent (counselling for one parent)

This Intervention aims to change the attitudes, beliefs and practices of a parent seen to be creating difficulties for the child(ren) through their actions or who is impeding the ability to reach resolution on parenting issues. Examples include alienating a child, relying on a child for emotional support, an overly harsh and rejecting discipline style or any other parental behaviour that could be detrimental to the child(ren). Counselling may also be directed where a parent is stuck in stages of grief (denial, bargaining, anger, depression), suffering from the effects of trauma, or has or may have mental health issues that interfere with their functioning as a parent.

[57] Counselling is an open process and feedback can be provided to the Court.

vii. Therapeutic Intervention with Both Parents (post-separation/divorce counselling)

The Parenting Expert attempts to resolve conflict, address parenting issues or disputes or build a parenting plan with the parents. This Intervention involves active teaching, modeling and guidance to the parents to improve the emotional relationship between the parents, as well as the practical parenting issues.

[58] In cases of extreme conflict, significant concerns pertaining to the mental health of a parent or a history of violence, one Parenting Expert may be


43 August, 2019

appointed for each parent and all joint sessions will involve both Parenting Experts. In this case, the Court will authorize the Parenting Experts to consult with one another.

[59] The focus can be on addressing the needs of the child(ren), improving or regulating communication between the parents, modifying aspects of a parenting plan, or even developing an entire parenting plan.

viii. Therapeutic Intervention with the Child only (counselling for the child)

This Therapeutic Intervention focusses on helping the child with adjustment issues from being part of a separated or divorced family. It can address difficulties in relationships with parents, siblings or other children, difficulties learning, and difficulties with behaviour.

ix. Therapeutic Intervention with Parents and Child(ren) (counselling involving the entire family)

The Parenting Expert works with the family to increase cooperation, facilitate a change in relationships, meet the emotional needs of family members and/or develop a parenting plan.

[60] Therapeutic Intervention with the entire family may take place when:

• it is apparent that parental conflict exists and is negatively impacting the child(ren);

• the parents need to learn new ways to communicate; and,

• major changes have taken place and there is concern for how the child(ren) are coping.

[61] Often, there are separate Parenting Experts for the parents and the child(ren) with all Parenting Experts given authority to confer with one another. The Parenting Expert working with the child(ren) can provide information regarding the child(ren)’s needs or opinions to the Parenting Expert(s) working with the parents.

x. Therapeutic Intervention: Parent-Child Reunification (also known as Remedial Facilitated Access)

This Intervention includes assisting a parent and a child to meet and to become reacquainted when one parent has been out of a child’s life for a long time. Depending on the complexity of the case and the presence of past allegations, it can take place with a single Parenting Expert working with the parent and child, two Parenting Experts (one for the child and one for the parents), or, in extreme cases, three Parenting Experts (one for the child and one for each parent).

[62] Reunification Therapy:

• is child-centered but therapist directed;


44 August, 2019

• is an active, future-focused process;

• assumes that in building a relationship, objective truth is irrelevant, and the starting point is the truth from the child’s perspective;

• seeks to incorporate a second parent, not replace the chosen one; and,

• expects that as progress is made contact will gradually increase “back to normal”.

APPENDIX A

Form FPN7-1 [Family Practice Note 7]

COURT FILE NUMBER


JUDICIAL CENTRE

PLAINTIFF/Applicant or Respondent:

DEFENDANT/Applicant or Respondent:

DOCUMENT Practice Note 7 INTERVENTION ORDER


DATE ON WHICH ORDER WAS PRONOUNCED:

LOCATION OF HEARING: , Alberta


UPON NOTING THE CONSENT OF [Specify Plaintiff/Defendant names]; or

UPON NOTING THAT A PRELIMINARY PRACTICE NOTE 7 INTERVENTION ORDER WAS GRANTED BY JUSTICE [name of Justice] ON [date]:

AND UPON the Court being advised that the name and birth date of each child of the parties’ marriage or relationship is as follows:

Clerk’s Stamp


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[Child’s name] born [child’s date of birth]; and

[Child’s name] born [child’s date of birth];

AND UPON NOTING the current parenting arrangement has been set by interim Order of Justice [name of Justice], which provides that [describe nature of parenting arrangement].

AND UPON the Court determining that it is in the best interests of the child(ren) that a Practice Note 7 Intervention be ordered;

AND UPON the Court being satisfied that the parties are able to pay the cost of the Intervention, taking into account any available subsidies and health care coverage, or that the party seeking the Intervention is able to pay the entire cost of the Intervention at first instance, subject to their right to seek a contribution from the other party at the conclusion of the Intervention;

AND UPON NOTING the Parenting Expert’s consent to act and approval of the terms of this Order endorsed hereon;

AND UPON the Court being advised that the parties have signed the Parenting Expert’s service agreement;

IT IS ORDERED THAT:

1. [Name of Parenting Expert] is hereby appointed as Parenting Expert to carry out the following Intervention under Family Law Practice Note 7: [Describe type of Intervention and whether Evaluative or Therapeutic]

2. The Parenting Expert will be paid a retainer of [amount] on or before [date]. Subject to the ultimate determination by the trial Justice as to how the parties shall bear the cost of the Parenting Expert, payment to the Parenting Expert shall be paid by the parties as follows:

a. [Name of party] shall pay [percentage] of the costs in the interim;

b. [Name of other party] shall pay [percentage] of the costs in the interim;

3. The Parenting Expert will spend a maximum of [number] hours conducting and reporting on the Intervention, unless otherwise extended by agreement between the parties and the Parenting Expert. The estimated date for completion is [date].

4. The specific issues the Parenting Expert is to address are as follows: [List Issues]

5. The parties shall not make further applications or proceed with steps in previously scheduled applications until the Intervention is completed, unless the health or safety of a child is at risk or the Parenting Expert recommends an application be made.


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6. All third parties involved with the child(ren) and their parents, including but not limited to the child(ren)’s teachers and school authorities, family and child counsellors and assessors, mediators, church personnel, visit supervisors, medical service providers, psychologists and social workers are hereby authorized to be interviewed and to release any and all information about the child(ren) and their parents, including documentary information, to the Parenting Expert, where release is not prohibited by statute, privilege or otherwise. The ability of the parenting expert to obtain information, including documentary information, from a person employed or assisting in the administration of the Child, Youth and Family Enhancement Act, is subject to the confidentiality and privilege provisions of that Act, including section 126.11 thereof.

7. The parties shall cooperate with the Parenting Expert as required.

8. If, in the Parenting Expert’s professional judgment, it is necessary for the Parenting Expert to speak with a child, either alone or with the parents, the consent of the parents is hereby dispensed with.

9. [This clause is optional; use only when applicable, provided safety can be maintained.] The Queen’s Bench No-contact Order/Emergency Protection Order/Queen’s Bench Protection Order/Restraining Order [dated] is limited or suspended by the following terms: [List terms] to the extent necessary to facilitate the Intervention.

10. Unless the Intervention is completed or otherwise terminated, the Parenting Expert shall, within 3 months of the commencement of the Intervention, provide a brief status update regarding the number of sessions held to date, the remaining sessions in the retainer, any impediments to the process, the expected completion date for the report, and any other relevant information to the Justice granting this Order, with copies to the parties where appropriate.

11. The Parenting Expert shall prepare an Intervention Report. The Parenting Expert’s recommendations for the parties, if any, shall be appended to the Intervention Report.

12. The Parenting Expert shall provide copies of the Intervention Report to the Justice granting this Order and to counsel for the parties. The parties shall not receive a copy of the Intervention Report, but they may receive, either from counsel or the Parenting Expert, a copy of the appendix to the Intervention Report containing the Parenting Expert’s recommendations.

13. The parties may review the entire Intervention Report at their counsel’s office, while under supervision. They shall not have a cell phone or other electronic device in their possession while viewing the report. The parties shall not receive a copy or make handwritten notes or electronic copies of the report without prior leave of the Court.


47 August, 2019

14. Where a party is self-represented, the party may contact the Court to arrange to review the entire Intervention Report in the presence of a Clerk of the Court, which may include a Clerk of the Provincial Court. The party is not permitted to have a cell phone or other electronic device in their possession while reviewing the report. The party shall not receive a copy or make handwritten notes or electronic copies of the report without prior leave of the Court.

15. The child(ren) shall not see or receive copies of any portion of the Intervention Report, including any appendix, nor shall the parties discuss any aspect of the report with the child(ren), including the Parenting Expert’s recommendations.

16. The Intervention Report will be placed in a sealed envelope on the Court file (sealing does not preclude a party’s access to the report, as outlined above).

17. Either party may refer to the Intervention Report on the court file in any subsequent parenting application or judicial dispute resolution, but the Intervention Report shall not be attached as an exhibit to an affidavit in any proceeding. Nor shall the parties include any letters or reports of what transpired during the Intervention. For the purposes of summary trials, trials, or other oral hearings, the report must be treated as a sealed exhibit.

18. In the event a Practice Note 8 Child Custody/Parenting Evaluation is ordered, the Practice Note 7 Intervention Report(s) shall be provided to the Parenting Expert conducting the Practice Note 8 Evaluation.

19. Neither party may bring a complaint to the professional body governing the practice of the Parenting Expert until after:

a. the parties have resolved all parenting issues as evidenced by a written settlement agreement or final order or judgment; or,

b. the Court has rendered its decision in the matter for which a Practice Note 7 Intervention has been ordered, and all appeals have been heard or all appeal periods have expired.

20. [This clause is optional; use only when applicable.] The consent of to this Practice Note 7 Intervention is hereby dispensed with.

21. [This clause is optional; use only when applicable.] Rule 9.4(2)(c) is invoked.

Consent to Act and Approval of Order as to Content [Name of Parenting Expert]

[Choose as applicable] Consented to or Approved as to Content [Name of Counsel] for [Name of party]


48 August, 2019



APPENDIX B


COURT FILE NUMBER


JUDICIAL CENTRE


DEFENDANT/Applicant or Respondent

DOCUMENT PRELIMINARY Practice Note 7 INTERVENTION ORDER





UPON APPLICATION of [Name of party] for a Practice Note 7 Intervention;

AND UPON noting the position of [Name of party];

AND UPON having read the [Applicant’s/Respondent’s] Affidavit, sworn [date];


Clerk’s Stamp


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AND UPON the Court determining that it is in the best interests of the child(ren) that a Practice Note 7 Intervention be ordered;

AND UPON the Court being satisfied, on a preliminary basis, that the parties are able to pay the cost of the Intervention, taking into account any available subsidies and health care coverage, or that [Name of party] is able to pay the entire cost of the Intervention at first instance, subject to their right to seek a contribution from the other party at the conclusion of the Intervention;

IT IS ORDERED THAT:

1. A Practice Note 7 [describe type of Intervention] Intervention shall be arranged by the parties in accordance with this Order.

2. Within 14 days of the date of this Order, the parties shall select a Parenting Expert who will conduct the Intervention. If the parties cannot agree on the choice of Parenting Expert, they will contact the following Parenting Expert(s) to determine their availability and shall select the parenting expert who can provide the earliest estimated date for completion of the Intervention: [Parenting Expert A, Parenting Expert B, Parenting Expert C]

3. Within 30 days of the date of this Order, the parties shall either provide the Court with a Practice Note 7 Intervention Order, signed by the parties and the Parenting Expert (indicating approval of the terms of the Order and consent to Act) or shall arrange for and schedule a case conference in open court with the Justice who granted the Preliminary Practice Note 7 Intervention Order, the Parenting Expert (who may appear by telephone), and counsel (where one or both parties is represented). The purpose of the conference is to:

a ensure the Intervention contemplated is the appropriate one for the family circumstances;

b. discuss the terms of a service agreement, the required retainer and the date the retainer is to be paid; and,

c. determine the scope of the Intervention (including approximate number of hours required and the estimated date for completion) and the specific issues the Parenting Expert is to address;

d. [Name of party] is responsible for arranging for the attendance of the Parenting Expert (in person or by phone).


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4. If the parties fail to comply with paragraphs 2 or 3 of this Order within the time specified, the party seeking the Practice Note 7 Intervention Order must immediately contact the Justice granting this Order to advise of the following:

a. particulars of the non-compliance;

b. the reason, if any, for the non-compliance; and,

c. any agreement reached on parenting issues since the Preliminary Practice Note 7 Intervention Order was granted.

5. Upon receipt of such correspondence, the Justice may direct the parties to appear in Court to address the non-compliance.

6. Once the conference referred to in paragraph 3 has been held, counsel or the Court Generated Order Clerk (where the parties are self-represented), will prepare the Practice Note 7 Intervention Order. Counsel or the self-represented party applying for the Practice Note 7 Intervention will arrange for the Parenting Expert to sign the Order, indicating his/her approval of the terms of the Order and consent to act.



Family Law Practice Note 8

Child Custody/Parenting Evaluation

Effective: May 1, 2019

Purpose and Application

[1] A Practice Note 8 Child Custody/Parenting Evaluation (the “Evaluation”) is a comprehensive and objective assessment of a family in cases where the family is experiencing an impasse and an Intervention under Practice Note 7 is inappropriate or has not resulted in resolution of the parenting issues.

[2] Currently in Alberta, psychologists with sufficient training and experience to be accepted by the Court as Parenting Experts conduct Evaluations. The Parenting Experts are qualified to give opinion evidence on parenting arrangements, parenting responsibilities and decision-making.1

__________________________________

1 A roster of psychologists who conduct Child Custody/Parenting Evaluations is found at

http://www.afccalberta.com/referral-page



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[3] While the process may vary between Parenting Experts, Evaluations generally involve home visits/observations, interviews with each parent separately, interviews with each parent with the child(ren), and depending on the child(ren)’s ages, interviews with the child(ren) separately. The Evaluation may also involve document review including, when Court ordered, Alberta Child and Family Services files and police files. The Evaluation may also involve administering psychological testing to the parties and interviews with collateral witnesses such as counsellors, Alberta Child and Family Services and police personnel, teachers, as well as personal sources such as new spouses and partners, grandparents or close friends.

[4] The purpose of a Practice Note 8 Evaluation Order is to:

a) have the Parenting Expert report back to the Court and assist the Court in making a final determination through trial2 or summary trial as to the parenting and decision-making arrangements that are in the best interests of the child(ren)3; and,

b) bring the Parenting Expert under the jurisdiction and protection of the Court.

5] Notwithstanding the intended use of the Evaluation, the parties are encouraged, where possible, to resolve parenting issues by way of agreement.

Limitations and Restrictions

[6] A Parenting Expert who has conducted any form of Practice Note 7 Intervention for a family must not conduct a Practice Note 8 Evaluation for the same family.

[7] A Parenting Expert under this Practice Note is a Court expert who must provide an independent report to the Court. The Parenting Expert is a friend of the Court and the Court may not apply Rules 6.40 to 6.43 in relation to these experts.

[8] This Practice Note does not apply to matters under the Child, Youth, and Family Enhancement Act, RSA 2000, c C-12.

[9] The Court shall order an Evaluation only if the parties are able to pay the cost of the Evaluation, or if the party seeking the Evaluation is able to pay the entire cost of the Evaluation at first instance, subject to their right to seek a contribution from the other party at the conclusion of the Evaluation.

__________________________________

2 Trial includes an oral hearing where the parties agree, or where the Court directs, that the

decision will be final.

3 The Court shall not use a Practice Note 8 Evaluation for an interim order on parenting or

decision-making, except in extraordinary circumstances.


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The Process

i. Where both parties are represented by counsel and there is agreement on an Evaluation

[10] Where both parties are represented by counsel, counsel shall schedule a brief telephone conference with the Parenting Expert in advance of the application for a Practice Note 8 Evaluation Order.

[11] The purpose of the telephone conference is to:

a) ensure the Evaluation is the appropriate mechanism by which to obtain the necessary information regarding child custody and parenting; and,

b) discuss the terms of a service agreement, the required retainer and the date the retainer is to be paid.

[12] Counsel should incorporate the above information into the template Practice Note 8 Evaluation Order attached as Appendix A.

[13] If counsel are able to resolve the wording of the Practice Note 8 Evaluation Order, they may submit the proposed Order in the form attached as Appendix A, signed by the parties and the Parenting Expert (indicating his/her approval of the terms of the Order and consent to act), by desk application.

ii. Where one or both parties are self-represented litigants or where there is no agreement on an Evaluation

[14] Either party may apply for a Practice Note 8 Evaluation Order. The party bringing the application has an obligation to provide the name(s) of one (1) to three (3) proposed Parenting Expert(s).

[15] On hearing an application pursuant to paragraph 14 above, if the Court is satisfied an Evaluation is warranted and counsel and/or the parties are able to resolve the wording of the Practice Note 8 Evaluation Order, including the selection of a Parenting Expert without further assistance from the Court, they may submit the proposed Order in the form attached as Appendix A, consented to by the parties and the Parenting Expert, by desk application.

[16] On hearing an application pursuant to paragraph 14 above, if the Court is satisfied an Evaluation is warranted, but the particulars of the Order have not yet been determined, including the selection of a Parenting Expert, the parties shall select a Parenting Expert within 30 days, on their own or from a list provided by the Court.


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[17] All actions in which an Evaluation is ordered shall be case managed. The party seeking the Practice Note 8 Evaluation Order must submit the Request for the Appointment of a Case Management Justice4 within seven (7) days of the granting of the Practice Note 8 Evaluation Order. The Response to a Request for the Appointment of a Case Management Justice is not required.

[18] The Practice Note 8 Evaluation Order will also contain a direction requiring the parties to meet with the assigned Case Management Justice, set the matter for trial or summary trial and pay the required fees, within 45 days of the granting of the Practice Note 8 Evaluation Order. The filing of Forms 36 to 39 (as applicable) will be as directed by the Case Management Justice. Unless otherwise directed by the Court, the party seeking the Practice Note 8 Evaluation will provide a copy of the filed Practice Note 8 Evaluation Order to the Civil Trial Coordinator in the applicable judicial centre.

During the Evaluation

[19] Unless otherwise directed by the Court, the Evaluation will not commence until the parties have secured a date for trial or summary trial.

[20] Counsel and the parties shall not communicate unilaterally with the Parenting Expert, except at the direction of the Parenting Expert.

[21] The parties are prohibited, without leave of the Case Management Justice, from making further applications or proceeding with steps in previously scheduled applications until the Evaluation is completed.

[22] Unless ordered by the Court, only the following documentation shall be provided to the Parenting Expert:

a) filed Court applications (not affidavits or sworn statements under the Family Law Act) and Court Orders; and,

b) professional reports or letters provided to the Court, including Practice Note 7 letters and Intervention Report(s).

To avoid unnecessary duplication and delay, counsel are encouraged to provide a joint binder of documents to the Parenting Expert.

[23] Each party may provide the names of no more than three (3) personal collateral witnesses whom the Parenting Expert may interview. This does not limit the Parenting Expert from contacting any professional or other collateral witnesses they deem appropriate.

__________________________________

4https://albertacourts.ca/docs/default-source/qb/request-for-appointment-of-a-case-manage

ment-justice.docx?sfvrsn=fd45ac80_2

https://albertacourts.ca/docs/default-source/qb/request-for-appointment-of-a-case-management-justice.docx?sfvrsn=fd45ac80_2

https://albertacourts.ca/docs/default-source/qb/request-for-appointment-of-a-case-management-justice.docx?sfvrsn=fd45ac80_2


54 August, 2019

[24] The parties and the child(ren) shall cooperate with the Parenting Expert and attend before the Parenting Expert, answer questions, submit to testing, and allow access to the child(ren)’s current or proposed residence. Where a party refuses to consent to the Evaluation or any part of it, or refuses to cooperate with the Evaluation, the Court may dispense with that party’s consent and order the Evaluation to proceed without that parent’s involvement.

[25] All third parties involved with the child(ren) and their parents, including but not limited to the child(ren)’s teachers and school authorities, family and child counsellors and assessors, mediators, church personnel, visit supervisors, medical service providers, psychologists and social workers are authorized to be interviewed and to release any and all information about the child(ren) and their parents, including documentary information, to the Parenting Expert, where release is not prohibited by statute, privilege or otherwise. The ability of the parenting expert to obtain information, including documentary information, from a person employed or assisting in the administration of the Child, Youth and Family Enhancement Act, is subject to the confidentiality and privilege provisions of that Act, including section 126.11 thereof.

[26] To facilitate the Evaluation, the Court may include a provision in the Practice Note 8 Evaluation Order limiting or suspending a Queen’s Bench No-contact Order, an Emergency Protection Order, a Queen’s Bench Protection Order or a Restraining Order to the extent necessary to facilitate the Evaluation, provided the safety of the parties is maintained.

[27] The Parenting Expert, at any time, may seek the direction of the Court on any matter. The Parenting Expert shall, by letter addressed to the Court and copied to counsel (or the parties where they are self-represented), seek direction in the following circumstances:

a) where a party withdraws from the Evaluation;

b) where a party fails to cooperate with the Parenting Expert;

c) where the Parenting Expert’s fees are not paid as directed by the Court;

d) where information necessary for the completion of the Evaluation is in the possession of a third party and an application under Rule 5.13 of the Rules of Court or section 126.11 of the Child, Youth and Family Enhancement Act is necessary; and,

e) where the Parenting Expert wishes to review other records (print or electronic).

[28] Where a party objects to the Parenting Expert’s review of the requested record, they must bring an application to oppose production within 15 days of the date of the Parenting Expert’s letter to the Court.

[29] No concern or complaint may be made to the professional body governing the practice of the Parenting Expert until after:


55 August, 2019


b) the Court has rendered its decision in the matter for which the Evaluation has been ordered, and all appeals have been heard or all appeal periods have expired.

Review and Use of the Practice Note 8 Evaluation Report

[30] The Parenting Expert shall prepare an Evaluation Report. The Evaluation Report shall contain:

a) the Parenting Expert’s name and qualifications;

b) the information and assumptions on which the Parenting Expert’s opinion is based;

c) a list of all persons interviewed or observed;

d) a summary of the Parenting Expert’s observations and opinion(s); and,

e) an appendix containing the Parenting Expert’s recommendations to the parties.

[31] The Parenting Expert shall provide two (2) copies of the Evaluation Report to the Case Management Justice (one for the Court file and one for the Case Management Justice’s file) and a copy to counsel for the parties. The Parenting Expert shall notify self-represented litigants when the Evaluation Report is sent to the Case Management Justice. The parties shall not receive a copy of the Evaluation Report, but they may receive, from either counsel or the Parenting Expert, a copy of the appendix to the Evaluation Report containing the Parenting Expert’s recommendations.

[32] The Case Management Justice will keep one copy of the Evaluation Report and any portion of the Parenting Expert’s file (provided pursuant to paragraph 37) on the Case Management file, until final determination of the parenting issues. The second copy of the Evaluation Report will be placed in a sealed envelope on the Court file (sealing does not preclude a party’s access to the Evaluation Report, as outlined below). Following final determination of the parenting issues, the Court shall seal all copies of the Evaluation Report and any portion of the Parenting Expert’s file produced by Court Order.

[33] The parties may review the entire Evaluation Report at their counsel’s office, while under supervision. They shall not have a cell phone or other electronic device in their possession while viewing the report. The parties shall not receive a copy or make handwritten notes or electronic copies of the report without prior leave of the Court.

[34] Where a party is self-represented, the party may contact the Court to arrange to review the entire Evaluation Report in the presence of a Clerk of the Court, which may include a Clerk of the Provincial Court. Parties shall not have a cell phone or other electronic device in their possession while reviewing the


56 August, 2019

report. They shall not receive a copy or make handwritten notes or electronic copies of the report without prior leave of the Court.

[35] The child(ren) shall not see or receive copies of any portion of the Evaluation Report, including any appendix, nor shall the parties discuss any aspect of the report with the child(ren), including the Parenting Expert’s recommendations.

[36] Either party may apply to the Case Management Justice to retain, at their sole expense, another Parenting Expert to conduct a work file critique. In granting this Order, the Case Management Justice must be satisfied that the work file critique can be completed within a reasonable time prior to the date for final determination of the parenting issues. The work file critique shall be a documentary review and shall not involve re-interviewing the parties, the child(ren), or any collateral witnesses.

[37] The Case Management Justice may require a Parenting Expert to disclose all or part of the contents of the Parenting Expert’s file to the person conducting the work file critique, but only after the Parenting Expert has been given an opportunity to explain the consequences of releasing such information and to explain the regulations of the Parenting Expert’s regulatory body. The Case Management Justice may make such order as to costs for copying the file as is appropriate in the circumstances.

[38] Within 60 days of completion of the Evaluation, the parties shall schedule and attend a case conference with the Case Management Justice, counsel (where one or both parties is represented), and the Parenting Expert (who may appear by telephone) with a view to discussing resolution of the parenting issues. If it appears that resolution is not possible, the case conference will address procedural matters in preparation for final determination of the parenting issues. This will include:

a) determining whether the documents reviewed by the Parenting Expert will be entered into evidence by consent, and whether they will be entered for the truth of their contents, or alternatively, which documents must be proven through a witness; and,

b) determining which collateral witnesses can be dispensed with at trial and which shall be made available for cross-examination.

[39] The Parenting Expert who prepares the Evaluation is compellable to give viva voce evidence and may be cross-examined by both parties. A Parenting Expert who prepares a work file critique is compellable to give viva voce evidence and may be cross-examined by the opposing party. Where possible, the Parenting Expert(s) should give their evidence after all lay witnesses have testified.

[40] If counsel withdraws as lawyer of record, counsel is responsible for removing the Evaluation Report and any work file critique from their file and returning them to the respective Parenting Experts before releasing the file to the party.


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APPENDIX A


COURT FILE NUMBER:

COURT: COURT OF QUEEN’S BENCH OF ALBERTA

JUDICIAL CENTRE:


DEFENDANT/Applicant or Respondent:

DOCUMENT Practice Note 8 CHILD CUSTODY/PARENTING

EVALUATION ORDER





UPON NOTING the consent of [specify Plaintiff/Defendant and names];





AND UPON NOTING that the Court wishes to have a Child Custody/Parenting Evaluation (the “Evaluation”) to assist the Court in determining the parenting and decision-making arrangements that are in the best interests of the child(ren);

Clerk’s Stamp


58 August, 2019

AND UPON NOTING that the Evaluation shall be used for final determination of parenting issues through agreement by the parties, or by summary trial or trial, and shall not be used by the Court for an interim order on parenting or decision-making unless otherwise ordered by the Court;

AND UPON NOTING that the Parenting Expert is a Court expert who must give independent evidence to the Court;

AND UPON NOTING the process set out herein is a Court directed process and is not confidential unless otherwise ordered by the Court and that no confidentiality attaches to the information shared by the parties, third parties or the child(ren) with the Parenting Expert and that all such information may be disclosed to the Court;

AND UPON the Court being satisfied that the parties are able to pay the cost of the Evaluation, or that the party seeking the Evaluation is able to pay the entire cost of the Evaluation at first instance, subject to their right to seek a contribution from the other party at the conclusion of the Evaluation;

AND UPON NOTING the Parenting Expert’s consent to act and approval of the terms of this Order endorsed hereon;

AND UPON the Court being advised that the parties have signed the Parenting Expert’s service agreement;

AND UPON [insert any other relevant information];


1. [Name of Parenting Expert] is hereby appointed as a Parenting Expert to complete a Child Custody/Parenting Evaluation under Family Law Practice Note 8.

2. The action shall be case managed. Within seven (7) days of the date of this Order, the party seeking the Evaluation shall complete and submit the Request for Appointment of a Case Management Justice found on the Alberta Courts’ website. The Response to a Request for the Appointment of a Case Management Justice is not required.

3. Within 45 days of the granting of this Order, the parties will meet with the Case Management Justice, set the matter for trial or summary trial, and pay the required fees. The parties will file Forms 36 to 39 as directed by the Case Management Justice.

4. [Name of party] will provide a copy of this filed Order to the Civil Trial Coordinator in this judicial centre.

5. Subject to the ultimate determination by the trial Justice as to how the parties shall bear the cost of the Parenting Expert, payment to the Parenting Expert shall be paid by the parties as follows:


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a. [Name of party] shall pay [percentage] of the costs in the interim;

b. [Name of other party] shall pay [percentage] of the costs in the interim;

c. Each party [or name of the party] shall pay the Parenting Expert’s retainer in the sum of [amount] by [date].

6. The parties shall not, without leave of the Case Management Justice, make further applications or proceed with steps in previously scheduled applications until the Evaluation is completed.

7. The Parenting Expert shall be provided with the following documentation only:

a. filed Court applications (not affidavits or sworn statements under the Family Law Act) and Court Orders;

b. professional reports or letters provided to the Court, including Practice Note 7 letters or Intervention Report(s); and,

c. [Insert any other documentation ordered by the Court].

8. Each party may provide the names of no more than three (3) personal collateral witnesses whom the Parenting Expert may interview. This shall not limit the Parenting Expert from contacting any professional or other collateral witnesses the Parenting Expert deems appropriate.

9. All third parties involved with the child(ren) and their parents, including but not limited to the child(ren)’s teachers and school authorities, family and child counsellors and assessors, mediators, church personnel, visit supervisors, medical service providers, psychologists and social workers are hereby authorized to be interviewed and to release any and all information about the child(ren) and their parents, including documentary information, to the Parenting Expert, where release is not prohibited by statute, privilege or otherwise. The ability of the parenting expert to obtain information, including documentary information, from a person employed or assisting in the administration of the Child, Youth and Family Enhancement Act, is subject to the confidentiality and privilege provisions of that Act, including section 126.11 thereof.

10. The parties and the child(ren) shall cooperate with the Parenting Expert and attend before the Parenting Expert, answer questions, submit to testing, and allow access to the child(ren)’s current or proposed accommodation.

11. If, in the Parenting Expert’s professional judgment, it is necessary for the Parenting Expert to speak with a child, either alone or with the parents, the consent of the parents is hereby dispensed with.

12. [This clause is optional; use only when applicable, provided safety can be maintained.] The Queen’s Bench No-contact Order/Emergency Protection Order/Queen’s Bench Protection Order/Restraining Order [dated] is limited


60 August, 2019

or suspended by the following terms: [List terms] to the extent necessary to facilitate the Evaluation.

13. The Parenting Expert may seek, at any time, the direction of the Court on any matter. The Parenting Expert shall, by letter addressed to the Court and copied to counsel (or to the parties where they are self-represented), seek direction in the following circumstances:

a. either party withdraws from the Evaluation;

b. either party fails to cooperate with the Parenting Expert;

c. either party fails to pay the retainer as directed in paragraph 5;

d. where information necessary for completion of the Evaluation is in the possession of a third party and an application under Rule 5.13 of the Rules of Court or section 126.11 of the Child, Youth and Family Enhancement Act is necessary; or,

e. where the Parenting Expert wishes to review other records (print or electronic).

14. Where a party objects to the Parenting Expert’s review of a requested record, the party shall bring an application opposing production within 15 days of the date of the Parenting Expert’s letter to the Court.

15. The Parenting Expert shall prepare an Evaluation Report. The Evaluation Report shall include the following:

a. the Parenting Expert’s name and qualifications;

b. the information and assumptions on which the Parenting Expert’s opinion is based;

c. a list of all persons interviewed or observed;

d. a summary of the Parenting Expert’s observations and opinion(s); and,

e. an appendix containing the Parenting Expert’s recommendations to the parties.

16. The Parenting Expert shall provide two (2) copies of the Evaluation Report to the Case Management Justice (one for the Court file and one for the Case Management Justice’s file), and a copy to counsel for the parties. The parties shall not receive a copy of the Evaluation Report, but they may receive, from either counsel or the Parenting Expert, a copy of the appendix to the Evaluation Report containing the Parenting Expert’s recommendations.

17. The parties may review the entire Evaluation Report at their counsel’s office, while under supervision. They are not permitted to have a cell phone or other electronic device in their possession while viewing the report. The parties shall not receive a copy or make handwritten notes or electronic copies of the report without prior leave of the Court.


61 August, 2019

18. Where a party is self-represented, the party may contact the Court to arrange to review the entire Evaluation Report in the presence of a Clerk of the Court, which may include a Clerk of the Provincial Court. Parties shall not have a cell phone or other electronic device in their possession while viewing the report. The parties shall not receive a copy or make handwritten notes or electronic copies of the report without prior leave of the Court.

19. The child(ren) shall not see or receive copies of any portion of the Evaluation Report, including any appendix, nor shall the parties discuss any aspect of the report with the child(ren), including the Parenting Expert’s recommendations.

20. Counsel shall not provide copies of the Evaluation Report, nor disclose the contents of the report, including the Parenting Expert’s recommendations, to any other person except for a second Parenting Expert properly retained to conduct a work file critique.

21. Within 60 days of completion of the Evaluation, the parties shall schedule and attend a case conference with the Case Management Justice, counsel (where one or both parties is represented), and the Parenting Expert (who may appear by telephone) with a view to discussing resolution of the parenting issues. If it appears that resolution is not possible, the case conference will address procedural matters in preparation for final determination of the parenting issues.

22. Neither party may bring a complaint to the professional body governing the practice of the Parenting Expert until after:


b) the Court has rendered its decision in the matter for which the Evaluation has been ordered, and all appeals have been heard or all appeal periods have expired.

23. [This clause is optional; use only when applicable.] The consent of [Name of party] to this Practice Note 8 Evaluation is hereby dispensed with.

24. [This clause is optional; use only when applicable.] Rule 9.4(2)(c) is invoked.

Consent to Act and Approval of Order as to Content [Name of Parenting Expert]



62 August, 2019





Intake, Resolution and Caseflow Management

Calgary and Red Deer

Effective: January 3, 2017

Definitions

1 In this Practice Note:

(a) “application” means an application to the Court

(i) for an order under the Family Law Act respecting parenting, guardianship, contact with a child, enforcement of time with a child, child support, declaration of parentage or exclusive possession, or

(ii) under the Extra-provincial Enforcement of Custody Orders Act respecting the enforcement or variation of a custody order or the making of a custody order;

(b) “caseflow conference” means a conference that has been scheduled between a caseflow coordinator and the applicant and the respondent, and their legal counsel, if any, to explore settlement options, facilitate settlement and facilitate the applicant’s and respondent’s access to the Court;

(c) “caseflow coordinator” means a coordinator of the Court’s intake and caseflow management program;

(d) “Court” means the Court of Queen’s Bench of Alberta;

(e) “director” means a person designated as a director under the Child, Youth and Family Enhancement Act;

(f) “intake counsellor” means an employee of the Government of Alberta who is a family court counsellor.


63 August, 2019

Starting an application

2(1) Before filing an application with the clerk of the Court, an applicant who is not represented by legal counsel must consult with an intake counsellor about options and possible referrals.

(2) Before filing an application with the clerk of the Court, legal counsel for the applicant must inform the applicant of the option to schedule a caseflow conference.

(3) A respondent who wishes to respond to an application may consult with an intake counsellor about options and possible referrals.

Scheduling a caseflow conference

3(1) On filing an application, the clerk of the Court must schedule a caseflow conference to occur prior to a Court hearing

(a) in each case where the applicant is not represented by legal counsel, and

(b) where the applicant is represented by legal counsel, if the applicant requests it.

(2) A caseflow coordinator may waive the requirement to schedule a caseflow conference if, in the opinion of the caseflow coordinator, it is appropriate for the application to proceed directly to a Court hearing.

(3) Where the clerk has scheduled a caseflow conference, the applicant must serve a notice of the date, time and location of the caseflow conference on the same persons who are to be served with the application to which the caseflow conference relates in the same manner as that application is to be served.

Caseflow conference may precede respondent’s response

4 The caseflow conference may proceed before the respondent has filed and served a response to the application.

Attendance at caseflow conference

5(1) The applicant and the respondent must attend the caseflow conference and may attend with or without legal counsel.

(2) Any other person served under section 3(3) may attend the caseflow conference or portions that are relevant to that person.

(3) In addition to the persons served under section 3(3), the following may attend the caseflow conference:

(a) legal counsel;

(b) intake counsellor;

(c) any other person at the discretion of the caseflow coordinator.


64 August, 2019

Non-attendance by applicant or respondent

6(1) Where a caseflow conference has been scheduled and the applicant does not attend, the caseflow coordinator must notify the clerk of the Court that the applicant did not attend and the application may be recorded as having been abandoned.

(2) Where a caseflow conference has been scheduled and a respondent who has been served under section 3(3) does not attend,

(a) the caseflow coordinator

(i) must notify the clerk of the Court that the respondent did not attend,

(ii) must inform the clerk of the Court whether the respondent indicated in writing agreement or disagreement with the order or orders applied for, and

(iii) may arrange for the preparation of a form of order for the Court’s consideration or arrange for the applicant to proceed directly to a Court hearing without further notice to the respondent,

and

(b) the Court may make an order without further notice to the respondent.

Caseflow conference

7(1) When a caseflow conference proceeds with the applicant and respondent in attendance, the caseflow coordinator must offer to assist them to explore options and review documentation required for the application to proceed and inform them of the process to be followed.

(2) Where the issues are resolved, the caseflow coordinator may arrange for the preparation of a form of consent order and forward it to the Court for its decision.

(3) Where the issues are not resolved, the caseflow coordinator

(a) may, with the consent of the applicant and respondent, refer them to mediation, to an intake counsellor or to other agencies, as appropriate, or

(b) may assist the applicant and respondent to consider their options, including judicial dispute resolution and a Court hearing.

(4) Where the issues are not resolved and the applicant and respondent do not agree on subsequent proceedings, the caseflow coordinator shall refer them to a Court hearing.

Adjournments

8(1) Where a caseflow conference has been scheduled, the caseflow coordinator may adjourn it to another time and place or indefinitely.


65 August, 2019

(2) The caseflow coordinator may request that the clerk of the Court adjourn a hearing to another time and place or indefinitely

(a) if the applicant consents to the adjournment and the respondent has not been served with notice of the Court hearing, or

(b) if the respondent has been served with notice of the Court hearing, and the applicant and the respondent consent to the adjournment.

Attendance at Dispute Resolution Officer Session

9(1) If the application concerns child support, the caseflow coordinator shall schedule the application to be spoken to at a Dispute Resolution Officer (DRO) Session (where available). The DRO Session shall proceed as outlined in Practice Note 4.

10(2) A caseflow coordinator may waive the requirement to schedule a DRO Session if, in the opinion of the caseflow coordinator, it is appropriate for the application to proceed directly to a Court hearing.

Tracking applications

11 The caseflow coordinator must monitor the progress of an application through the proceedings referred to in this Practice Note.

Collection and disclosure of information

12(1) The caseflow coordinator may collect the following information for the purpose of evaluation respecting this Regulation:

(a) demographic information contained in the application or in a court document relating to the application;

(b) contact information for the applicant and the respondent and their legal counsel, if any.

(2) Information collected under this section may be disclosed in a summary or statistical form.

Exemption

13(1) Notwithstanding anything in this Regulation, the applicant or the respondent may apply to the Court, on giving at least 2 days’ notice to the other party, for an order exempting the applicant or respondent from the requirement to comply with all or part of this Regulation, and the Court may exempt the applicant or respondent if the Court considers that there is good and sufficient reason to do so.

(2) The Court may waive the requirement to give at least 2 days’ notice.

Impartiality

14(1) A caseflow coordinator must act impartially.


66 August, 2019

(2) Neither the applicant nor the respondent may call the caseflow coordinator as a witness to testify on that person’s behalf in any proceedings before the Court respecting the caseflow conference.

Non-confidentiality

15 A caseflow conference is not confidential.



Access to Court Files in Family Law Proceedings

Effective: October 15, 2017

1. Access to Court of Queen’s Bench of Alberta (“Court”) files pursuant to this Practice Note is subject to applicable laws, Court orders, and Court practice notes restricting access to such records.

2. This Practice Note applies to anyone who requests access to a Court File in proceedings under the Family Law Rules, part 12 of the Alberta Rules of Court, Alta Reg 124/2010, and proceedings under the Family Homes on Reserves and Matrimonial Interests or Rights Act, SC 2013, c 20 (“Family Law Proceeding”).

3. For the purpose of this Practice Note, “Court File” means the entire Court File but does not include the procedure card or scheduling information. Anyone may access the procedure card and scheduling information.

4. The following persons have access to the Court File:

(a) a party to the action, lawyer of record, lawyer for the child or children of a party, a government employee acting in the course of employment in respect of the specific file;

(b) a person authorized by a party, lawyer of record, or lawyer for the child or children of a party by means of a filed “Authority to Access Family Law File”, and

(c) members of the media, accredited by the Court from time to time.

5. Any other person who requests access to a Court File in a Family Law Proceeding must, each time they request access, complete and serve a “Request to Access Family Law File” form upon the parties to the action, the lawyers of record and the lawyer for the child or children of the parties, and file an Affidavit of Service with the Court.

6. When asked, the Clerk of the Court must provide the relevant Addresses for Service.


67 August, 2019

7. The Request may be served by electronic method under Rule 11.21 or by recorded mail under Rule 11.22: a) on the Address for Service of the lawyer for each party or child, or b) for persons not represented by a lawyer, the address provided under Rule 12.56.

8. If a party or a child of a party wishes to prevent access to all or part of the Court File, he or she must bring a Restricted Court Access Application under Part 6, Division 4 of the Alberta Rules of Court. The applicant must give notice under Rule 6.31, including notice to the person requesting access to the file, and notice to the accredited media under Rule 6.32.

9. If no Restricted Court Access Application is filed within 30 days of service of the Request to Access Family Law File, and provided that the Affidavit of Service has been filed with the Court, the clerk must grant access to the file unless the Court has otherwise ordered.

Index to Forms

Note: Currently forms under the Family Practice Notes are appended to their respective FPN. There are a number of other locations for family law and divorce forms on the court website.

Authority to Access Family Law File

Request to Access Family Law File

Form 32, Restricted Court Access Application (Rules of Court)

COURT FILE NUMBER


JUDICIAL CENTRE

APPLICANT(S)

RESPONDENT(S)

COUNSEL FOR CHILDREN

DOCUMENT Request to Access Family Law File



Clerk’s Stamp


68 August, 2019

Notice to the Respondent(s) under Family Law Practice Note 10

Access to Court Files in Family Law Proceedings

__________________________ (name of non-party) requests access to the

Court File in the Family Law Matter noted above for the following reasons:

________________________________________________________________

If you wish to prevent access to all or part of the Court File, you must bring an

Application for Order Restricting Access under Part 6, Division 4 of the Alberta

Rules of Court within 30 days of service of this Request.

If you do not file an Application for Order Restricting Access within 30 days of

service of this Request, the Court may grant unrestricted access to the subject

Court File.

Signature: ______________________

________________________

Date Name:

COURT FILE NUMBER


JUDICIAL CENTRE

APPLICANT(S)

RESPONDENT(S)

COUNSEL FOR CHILDREN

DOCUMENT Authority to Access Family Law File

ADDRESS FOR SERVICE

AND CONTACT

INFORMATION OF PARTY

FILING THIS DOCUMENT

I am (choose one):

☐ a party

☐ lawyer of record for ____________________

☐ lawyer for the child or children of a party.

Clerk’s Stamp


69 August, 2019

I hereby grant _______________________________ (name of non-party) access

to the Court File in the Family Law Matter noted above.

Signature: ______________________

________________________

Date Name:

Alberta Rules of Court Court of Queen’s Bench Volume 2 Commercial Practice Notes

1 July, 2015

Court of Queen’s Bench of Alberta Commercial Practice Note “1”

The Commercial Chambers Initiative June 15, 2015

The purpose of this Practice Note is to clarify issues relating to the scope of the Commercial Chambers initiative and to clarify booking procedures for the Commercial List.

Effective June 15, 2015, this Practice Note applies to matters that may be booked on the Commercial List in Calgary and Edmonton. It supersedes all previous Notices concerning Commercial Chambers.

Part I: Introduction

The Commercial List was established to hear actions, applications and motions in Calgary and Edmonton involving issues of commercial insolvency law. In 2014, the scope and nature of matters that could be heard on the List was expanded to include certain matters that arise under statute, certain types of injunctive relief and urgent commercial matters, subject to availability of time on the List and the approval of a Justice of the Commercial Practice Group.

Issues have arisen with respect to this expansion. This Practice Note amends previous Notices and clarifies the limits on matters that may be booked on the List.

All counsel appearing in Commercial Chambers are expected to know and follow this Practice Note. The Commercial List remains, in the first instance, voluntary, except for bankruptcy and insolvency matters. Applicants may continue to set other matters that may qualify for the Commercial List down for hearing either on the Commercial List or elsewhere.

Part II: Matters Eligible for the Commercial List

1. Matters that may be scheduled on the Commercial List are applications and motions that, in essence, involve the following:

a) Bankruptcy and Insolvency Act; b) Companies’ Creditors Arrangement Act; c) Receivership applications and all interlocutory motions to appoint, or

give directions to, receivers and receiver/managers; d) Winding-Up and Restructuring Act; e) Bank Act relating to realizations and priority disputes; f) Business Corporations Act (Alberta) and Canada Business

Corporations Act with respect to plans of arrangement, other corporate reorganizations and applications involving insolvency;


2 July, 2015

g) Matters relating to the winding up or liquidation of credit unions; and h) Such other emergency commercial matters as the Chief Justice or the

Associate Chief Justice or their designates may direct to be booked on the List due to their urgent or time-sensitive nature.

The Co-chairs of the Commercial Practice Group may be contacted about the scheduling of long matters, urgent matters and matters that may fall within subparagraph 1(h), above. In such cases, it is expected that counsel shall provide details on the matter, the urgency, expected length and mutually convenient dates.

All matters booked under subparagraph 1(h) will be scheduled on a stand-by basis, pending confirmation that the booking is firm. It should be noted that these subparagraph 1(h) items may be bumped from the List by emergency insolvency matters.

For further clarification, the following matters will not be accepted for booking on the Commercial List, except in exceptional circumstances:

a) commercial matters that are not urgent or time sensitive; b) matters that should be properly heard by a Master, including procedural

or production applications, builders’ lien matters and foreclosures; c) appeals of a Master that are procedural in nature or relate to matters set

out in (b); d) judicial reviews; e) tenancy appeal board appeals; f) municipal tax appeals; and g) matters that should be properly heard by a Registrar under the

Bankruptcy and Insolvency Act.

Part III: Justices, Court Officials and General Procedures

2. The Commercial List shall be administered by the Commercial Co-ordinators, who currently are Paula Lorenz and Keri-Ann Stevenson (403-476-4804) in Calgary and Sharon Hinz (780-644-7389) in Edmonton.

3. The principles of operation of the Commercial List are cooperation, communication and common sense.

4. A Commercial Practice Group Justice will be available in Commercial Chambers at 10:00 a.m. on Monday of each week in Calgary (or Tuesday, if Monday is a holiday) and Tuesday at 10:00 a.m. in Edmonton (the “Appearance Court”) to deal with urgent, scheduling and

consent matters, and applications for extension of time to file materials for pending motions. None of these matters must take more than 10 minutes, except with leave.


3 July, 2015

5. Counsel must notify the Commercial Co-Ordinator by noon on the Friday preceding the Appearance Court of their intention to appear, with a brief explanation of the nature of the matter to be addressed. Counsel are expected to have discussed the matter in advance and to have prepared a draft resolution for consideration by the Chambers Justice. If possible, counsel should file materials for the appointment by noon on that previous Friday.

6. Applications without notice (formerly ex parte) on the Commercial List will be rare. Counsel shall be required to justify the reason for not notifying interested parties. In most cases, notice shall be required, particularly if the matter is part of an ongoing dispute and there are solicitors representing interested parties, even if in respect of other matters.

7. Applications to have matters listed on the Commercial List under subparagraph 1(h) should be accompanied by the consent of the other counsel involved so that the Chief Justice, Associate Chief Justice or his designate may decide to either grant or refuse the scheduling of the application. Counsel should also be prepared to address deadlines with respect to the filing of briefs.

8. Counsel who intend to make submissions on an application are expected to appear personally, unless they are allowed by the Justice who will hear the matter to appear by telephone or video conference. A request for such special accommodation must be made in advance of the hearing to the Commercial-Coordinator.

Part IV: Applications for Bookings on the Commercial List

9. An on-line grid on the Court’s website entitled “Commercial Practice Bookings” sets out judicial assignments and time availability. The grid is set in half hour time slots. Parties may book as many slots as are required, and should advise the Commercial Co-ordinator of the anticipated length of their application and the nature of the application. The cut-off for bookings is noon on Wednesday of the preceding week. The Court will accommodate emergency applications that may arise after the booking cut-off.

10. A matter may be booked on the Commercial List by the Commercial Co-ordinator if a letter of request and timetable for the filing of briefs is submitted and the matter clearly falls within the categories of subparagraph 1(a) to (g) (above) or subparagraph 1(h), provided a direction allowing the matter to be heard has been obtained.

11. Only a Co-Chair of the Commercial Practice Group, the Chief Justice or the Associate Chief Justice may authorize the booking of a matter on the Commercial List.

12. If the matter is scheduled for a hearing time of a half day or more, counsel must set out in their booking letter an estimate of the amount of time it will take a Justice to read the materials in advance.


4 July, 2015

Part V: Adjournments and Settlements

13. Counsel shall be expected to be ready to proceed with matters for which hearing times have been agreed to or set. Adjournment of previously scheduled matters shall be granted only in special circumstances and for a material reason. After one adjournment, the matter will normally be struck from the List, and can be re-booked only with leave of a Co-Chair of the Commercial Practice Group, the Chief Justice or the Associate Chief Justice.

Applications for adjournments on consent should be forwarded to the Commercial Co-ordinators or, if directed by the supervising Justice, shall be spoken to at the next available Appearance Court.

14. If an adjournment of a previously scheduled matter is to be sought or appears likely to be required, the Commercial Co-ordinator must be alerted as soon as possible. This notice is required in order to accommodate scheduling of other matters or to alert counsel on standby bookings.

15. Where appropriate, matters may be scheduled to be heard on a “standby” basis for a particular date. In these cases, counsel should be prepared to proceed on short notice or they must keep the Commercial Co-ordinator advised of times when they are not available.

16. Counsel on Commercial List matters are expected to advise the Court promptly of all concluded settlements or matters that are reasonably likely to settle so that other matters may be scheduled.

Part VI: Justice to Hear Whole Matter

17. It is anticipated that a Justice who determines a substantive component of a complex insolvency proceeding will continue to hear all subsequent substantive components in that proceeding, where possible. Accordingly, that Justice will become, in effect, the case management Justice of the matter. Arrangements for these subsequent proceedings may be made to the continuing Justice directly with the Commercial Co-ordinator. That case management Justice should be contacted in writing about the nature of the matter to be heard, preferably with a draft application and a list of times that are convenient to all counsel. This is to allow the Justice to conveniently schedule the matter or refer it back to the Commercial Co-ordinator for re-assignment.

18. For matters of sufficient complexity, duration or special timing, in the event that the continuing Justice is not sitting on the Commercial List at the time or has not then been assigned to a future Commercial List that is convenient, a request may be made through the

Commercial Co-Ordinator for the appointment of a new continuing Justice or team of Justices.


5 July, 2015

Part VII: Materials for use of the Court

19. It is expected that materials filed for the use of the Court will be filed with the Commercial Co-ordinator within the following deadlines, or as directed by a Justice of the Commercial Practice Group. Unless the matter is urgent and relief from normal filing deadlines has been authorized by a Justice of the Commercial Practice Group, all moving party or applicant material must be filed by noon on the Monday that precedes the week of the hearing. All responding material must be filed by noon on the Thursday that precedes the week of hearing.

20. The Commercial Co-ordinator should be advised in the booking letter of the specific materials that are required from court files for the hearing of any particular proceeding. This is particularly important where the matter is on-going or the materials in the court files are voluminous.

21. In appropriate cases, to supplement any required format, counsel are requested to consider preparing an informal compendium of the key materials to be referred to in argument (fair extracts of documents, transcripts, previous orders, authorities, etc.) to assist in focussing the case for the Court. Relevant portions of the compendium should be highlighted or marked. Counsel are urged to consult among themselves in the preparation of a joint compendium, if possible. The compendium should contain only essential materials.

This Practice Note is subject to periodic review. Please direct any comments and suggestions concerning the Commercial Chambers initiative to the Commercial Practice Group Co-Chairs, with copies to the Chief Justice or Associate Chief Justice. The current Co-Chairs of the Commercial Practice Group are Romaine, J. in Calgary and Topolniski, J. in Edmonton (with Nielsen, J. as Acting Co-Chair from September 2015 to May 2016).


Rules of Court Court of Appeal Volume 2 Notices to the Profession

July, 2015 1


The Court of Appeal of Alberta

October 28, 2013

The Court has adopted the attached policy on the use of electronic devices in courtrooms.

The policy permits lawyers and accredited media members to use electronic devices, subject to certain restrictions. It specifically permits accredited media members to audio record court proceedings for note verification purposes.

On request by court security or staff, lawyers and accredited media members using electronic devices must produce identification verifying their status (e.g., Law Society of Alberta membership card).

Members of the public continue to be prohibited from using electronic devices. Electronic devices possessed by members of the public must be turned off and kept out of sight.

The policy is effective immediately and will be reviewed in 12 months.

Questions and feedback can be directed to Jennifer Taylor, Legal Counsel at (780) 427-0299 or [email protected]

“C.A. Fraser” Fraser, C.J.A.

NOTE: A copy of the Consolidated Practice Directions, Practice Notes and Notices to the Profession can be found on the Alberta Courts’ website at https://www.albertacourts.ca/court-of-appeal/court-of-appeal-rules-practice-directions-notices.

COURT OF APPEAL OF ALBERTA

Policy on the Use of Electronic Devices in Courtrooms

Effective October 28, 2013

Purpose

1 This policy sets out the permitted and prohibited uses of electronic devices in courtrooms of the Court of Appeal of Alberta (the Court).

https://www.albertacourts.ca/court-of-appeal/court-of-appeal-rules-practice-directions-notices

https://www.albertacourts.ca/court-of-appeal/court-of-appeal-rules-practice-directions-notices


July, 2015 2

Definitions

2 In this policy:

(a) “accredited media member” means a media member on the Court of Queen’s Bench of Alberta’s Media Undertakings List, and

(b) “electronic device” means any device capable of transmitting and/or recording data or audio, including smartphones, cellular phones, still and video cameras, voice recorders, computers, laptops, tablets, notebooks, personal digital assistants and other similar devices.

Prohibited Use of Electronic Devices by the Public

3 Members of the public are not permitted to use electronic devices in the courtroom. Electronic devices possessed by members of the public must be turned off and kept out of sight.

Permitted and Prohibited Uses of Electronic Devices by Lawyers and the

Media

4 Subject to sections 5 to 9, lawyers and accredited media members are permitted to use electronic devices in the courtroom.

5 Electronic devices may be used by accredited media members to audio record court proceedings for the sole purpose of verifying their notes. Audio recordings obtained under this policy must not be transcribed, copied, shared, sold or transmitted in any fashion.

6 Lawyers must not use electronic devices to audio record court proceedings.

7 Electronic devices must be in silent mode and used in a discreet manner.

8 Electronic devices must not:

(a) interfere with courtroom decorum or the proper administration of justice,

(b) interfere with court recording equipment or other courtroom technology,

(c) be used for voice communication, or

(d) be used to video record or take photographs.

9 On request by court security or staff, lawyers and accredited media members using electronic devices must produce identification verifying their status.


August, 2019 3

Judicial Discretion

10 Nothing in this policy affects the authority of a judge or the Court to determine what use, if any, can be made of electronic devices in the courtroom.

Publication Bans, Sealing Orders, Restricted Court Access Orders and

Other Restrictions

11 Anyone using an electronic device to transmit information from the courtroom is responsible for identifying and complying with publication bans, sealing orders, restricted court access orders and other restrictions on publication and/or court access imposed by statute or court order.

Enforcement

12 Anyone using an electronic device in a manner inconsistent with this policy or in violation of an order of a judge or the Court may be:

(a) required to turn the device off,

(b) required to forfeit the device while in the courtroom,

(c) required to leave the courtroom and/or

(d) declared in, and punished for, civil contempt of court.

Questions about this policy can be directed to Jennifer Taylor, Legal Counsel at (780) 427-0299 or [email protected]



March 20, 2017

Alberta Court of Appeal’s e-Filing Initiative

The Court of Appeal of Alberta is pleased to announce that it will be adopting an e-filing system to better serve the administration of justice, litigants, the Bar and the public at large. This initiative involves significant progress in the area of electronic access to Court information and electronic proceedings before the Court. Registered users will be able to initiate an appeal, file materials and pay applicable fees electronically. In addition to e-filing, the program will include comprehensive case and document management systems.

Advantages of the Court’s New e-Filing System

This e-filing system will provide advantages for the Court, litigants and the Bar. For the Court, a more efficient workflow with easier file management and storage will be in place. For litigants and the Bar, the benefits include:


August, 2019 4

• an increased accessibility to the Court; • the ability to file documents remotely from the office or from home at

any time of the day without worrying about postage, courier or messenger fees, parking fees or traffic congestion;

• the reduction of paper resulting in cost, time and resource savings; • the ability to access full case information at any time via the internet and

view the full text of all filed documents; and • the ability to electronically receive notices, correspondence and

judgments from the Court.

Progress to Date

The design of the system is nearing completion. The project team is currently testing and refining the system before it is introduced externally. During this time, the Registry is scanning and uploading documents into the system as they are filed.

To assist in this initial stage, the Court is asking lawyers and self-represented litigants, when filing their multiple copies of bound documents, to ensure that one of those copies remains unbound or, alternatively, provide an electronic copy in advance to:

• [email protected] in Edmonton; or • [email protected] in Calgary.

Next Steps

It is anticipated that e-filing will officially be introduced next year. A “public portal” will be in place for lawyers and self-represented parties to upload their documents electronically. When documents are uploaded, the Registry will receive an alert. Once the document is officially filed, an email notification will be sent to the filing party who will be given a unique code which will allow them to view their electronic file and all relevant filed documents. No special software will be necessary to access the new system. A computer with a standard operating system, a scanner and an internet connection will be all that is required.

Policy Considerations

E-filing raises many policy questions. The Court intends that:

• The official court record will be electronic. • A “paper on demand” approach will be adopted. Lawyers and litigants

will not be required to file paper copies of their materials, unless the Court specifically requires them to do so.

• E-filing will become mandatory only after an appropriate transition period.

• Email will become the default communication method. Thus, parties will be required to provide the Court with their valid and current email address.

mailto:[email protected]



August, 2019 5

A Practice Direction will be issued prior to implementation to address more specific details and requirements.

Feedback Requested

The Court intends e-filing to bring positive change to lawyers, litigants and the Bar. The Court invites feedback on its e-filing initiative. Comments can be provided to Bobbi Jo McDevitt by email at [email protected] by April 15, 2017.

“Catherine A. Fraser” Fraser, C.J.A.

NOTE: A copy of the Consolidated Practice Directions and Practice Notes can be found on the Alberta Courts’ website at http://albertacourts.ca under “Court of Appeal” and “Court of Appeal Rules, Practice Directions & Notices.”

Certain precedents, checklists and forms can also be found on the Alberta Courts’ website. As these documents are revised from time to time, please refer to the website for the most recent version.



May 18, 2018

1. The 2019 Court of Appeal Sitting Dates are attached.

[May 2018]

2. Two years after the date hereof, this Notice will expire.

[May 2018]


NOTE: A copy of the Consolidated Practice Directions and Practice Notes can be found on the Alberta Courts’ website at https://albertacourts.ca under “Court of Appeal” and “Publications”.



http://albertacourts.ca/

https://albertacourts.ca/


August, 2019 6

2019 Court of Appeal of Alberta

Sittings of the Court of Appeal of Alberta for the year 2019 will be as follows:

Place of Sitting General Appeal Hearings

(Week of) 1 & 2

Sentence Appeals, Sentence

Speak to & Criminal Panel

Applications – First Day of

Oral Argument 1 & 3

Civil Panel Applications1

Edmonton Mon. Jan. 7 Tues. Jan. 22 Thurs. Jan. 31

Calgary Mon. Jan. 14 Tues. Jan. 29 Thurs. Jan. 31

Edmonton Mon. Feb. 4 Wed. Feb. 20 Thurs. Feb. 28

Calgary Mon. Feb. 11 Tues. Feb. 26 Thurs. Feb. 28

Edmonton Mon. Mar. 4 Tues. Mar. 19 Thurs. Mar. 21

Calgary Mon. Mar. 11 Tues. Mar. 26 Thurs. Mar. 21

Edmonton Mon. Apr. 1 Tues. Apr. 16 Thurs. Apr. 18

Calgary Mon. Apr. 8 Wed. Apr. 24 Thurs. Apr. 18

Edmonton Mon. Apr. 29 Tues. May 14 Thurs. May 16

Calgary Mon. May 6 Wed. May 22 Thurs. May 16

Edmonton Mon. June 3 Tues. June 18 Thurs. June 20

Calgary Mon. June 10 Tues. June 18 Thurs. June 20

Edmonton

Calgary

Mon. July 154

Mon. July 154

Edmonton Tues. Sept. 3 Tues. Sept. 17 Thurs. Sept. 19

Calgary Mon. Sept. 9 Tues. Sept. 17 Thurs. Sept. 19

Edmonton Mon. Sept. 30 Wed. Oct. 16 Thurs. Oct. 24

Calgary Mon. Oct. 7 Tues. Oct. 22 Thurs. Oct. 24

Edmonton Mon. Oct. 28 Wed. Nov. 13 Thurs. Nov. 21

Calgary Mon. Nov. 4 Tues. Nov. 19 Thurs. Nov. 21

Edmonton Mon. Nov. 25 Tues. Dec. 10 Thurs. Dec. 12

Calgary Mon. Dec. 2 Tues. Dec. 10 Thurs. Dec. 12

_____________________________

1 All sittings, with the exception of Sentence Appeals, open at 10:00 a.m. unless otherwise directed. Sentence Appeals open at

10:30 a.m.

2 General Appeal Hearings will consist of all Civil and Criminal Appeals (excluding Sentence Appeals). For the purposes of

calculating time frames, Monday is the opening day of the sittings week, whether or not the Monday of that week is a holiday.

The first day of each sittings week is reserved for Fast Track Appeals.

3 For purposes of calculating time frames, opening day is the Monday prior to the first day of oral argument, whether or not the

Monday of that week is a holiday.

4 Limited to appeals - (1) Against sentence where the appellant is in custody and there is a reasonable possibility that the result of

the appeal is that he or she might be released before the next regular sittings of the Court; (2) From conviction where the

appellant is in custody and has been refused interim release pending appeal; (3) Such other cases which, because of urgency or

special circumstances, are directed to be heard by order of a judge of Appeal.


August, 2019 7


Speaking to the list dates for the Court of Appeal of Alberta

for the year 2019 will be as follows:

Place of Sitting Criminal Speak To List –

10:00 a.m. 1

Unscheduled Civil Appeals

List – 1:30 p.m. 2

Calgary Wed. Jan.9 Wed. Jan.9

Edmonton Wed. Jan. 16 Wed. Jan. 16

Calgary Wed. May 1 Wed. May 1

Edmonton Wed. May 8 Wed. May 8

Calgary Wed. Sept. 4 Wed. Sept. 4

Edmonton Wed. Sept. 11 Wed. Sept. 11

_____________________________

1 Unless otherwise directed, the Criminal Speak To List will consist of all Criminal matters (excluding Sentence Appeals) where

the notice of appeal is filed more than twenty (20) days prior to the speak to date.

2 Unless otherwise ordered, the Unscheduled Civil Appeals List will consist of all Civil matters (excluding Fast Track Appeals)

where the appeal has not been scheduled for hearing before a) the earlier of two (2) months after the deadline for the filing of

the last factum in the appeal and nine (9) months after the filing of the Notice of Appeal, or b) any deadline stipulated by the

Case Management Officer or Single Appeal Judge (Rule 14.33(2)).



June 27, 2018

1. Effective August 1, 2018, the Consolidated Practice Directions of the Court of Appeal are repealed and replaced with the attached Consolidated Practice Directions.





http://albertacourts.ca/


August, 2019 8



June 27, 2018

Effective September 1, 2016, all applications in criminal appeals that must be heard by a three-judge panel of the Court will be scheduled and heard along with sentence appeals on the days regularly scheduled for sentence appeals.

Applications in civil appeals that must be heard by a three-judge panel will continue to be heard on the regularly scheduled panel application days.

Litigants who have any questions about the procedure may contact the Case Management Officers in Edmonton ([email protected]) or Calgary ([email protected]).

The Notice to the Profession of June 16, 2016 is repealed.


NOTE: A copy of the Consolidated Practice Directions and Practice Notes can be found on the Alberta Courts’ website at https://albertacourts.ca under “Court of Appeal” and “Publications.”




May 30, 2019

1. The 2020 Court of Appeal Sitting Dates are attached.

[May 2019]


[May 2019]

“C A. Fraser” Fraser, C.J.A.




https://albertacourts.ca/


August, 2019 9



Sittings of the Court of Appeal of Alberta for the year 2020 will be as follows:

Place of Sitting General Appeal Hearings

(Week of) 1 & 2

Sentence Appeals, Sentence

Speak to & Criminal Panel

Applications – First Day of

Oral Argument 1 & 3

Civil Panel Applications1

Edmonton Mon. Jan. 6 Tues. Jan. 21 Thurs. Jan. 23

Calgary Mon. Jan. 13 Tues. Jan. 28 Thurs. Jan. 23

Edmonton Mon. Feb. 3 Wed. Feb. 19 Thurs. Feb. 27

Calgary Mon. Feb. 10 Tues. Feb. 25 Thurs. Feb. 27

Edmonton Mon. Mar. 2 Tues. Mar. 17 Thurs. Mar. 26

Calgary Mon. Mar. 9 Tues. Mar. 24 Thurs. Mar. 26

Edmonton Mon. Mar. 30 Wed. Apr. 15 Thurs. Apr. 23

Calgary Mon. Apr. 6 Tues. Apr. 21 Thurs. Apr. 23

Edmonton Mon. Apr. 27 Tues. May 12 Thurs. May 14

Calgary Mon. May 4 Wed. May 20 Thurs. May 14

Edmonton Mon. June 1 Tues. June 16 Thurs. June 18

Calgary Mon. June 8 Tues. June 16 Thurs. June 18

Edmonton

Calgary

Mon. July 134

Mon. July 134

Edmonton Mon. Aug. 31 Tues. Sept. 15 Thurs. Sept. 17

Calgary Tues. Sept. 8 Tues. Sept. 22 Thurs. Sept. 17

Edmonton Mon. Oct. 5 Tues. Oct. 20 Thurs. Oct. 22

Calgary Tues. Oct. 13 Tues. Oct. 27 Thurs. Oct. 22

Edmonton Mon. Nov. 2 Tues. Nov. 17 Thurs. Nov. 19

Calgary Mon. Nov. 9 Tues. Nov. 24 Thurs. Nov. 19

Edmonton Mon. Nov. 30 Tues. Dec. 15 Thurs. Dec. 17

Calgary Mon. Dec. 7 Tues. Dec. 15 Thurs. Dec. 17

_____________________________

1 All sittings, with the exception of Sentence Appeals, open at 10:00 a.m. unless otherwise directed. Sentence Appeals open at

10:30 a.m.

2 General Appeal Hearings will consist of all Civil and Criminal Appeals (excluding Sentence Appeals). For the purposes of

calculating time frames, Monday is the opening day of the sittings week, whether or not the Monday of that week is a holiday.

The first day of each sittings week is reserved for Fast Track Appeals.

3 For purposes of calculating time frames, opening day is the Monday prior to the first day of oral argument, whether or not the

Monday of that week is a holiday.


August, 2019 10

4 Limited to appeals - (1) Against sentence where the appellant is in custody and there is a reasonable possibility that the result of

the appeal is that he or she might be released before the next regular sittings of the Court; (2) From conviction where the

appellant is in custody and has been refused interim release pending appeal; (3) Such other cases which, because of urgency or

special circumstances, are directed to be heard by order of a judge of Appeal.


Speaking to the list dates for the Court of Appeal of Alberta

for the year 2020 will be as follows:

Place of Sitting Unscheduled Criminal Appeal

List – 10:00 a.m. 1

Unscheduled Civil Appeals

List – 1:30 p.m. 2

Calgary Wed. Jan.8 Wed. Jan.8

Edmonton Wed. Jan. 15 Wed. Jan. 15

Edmonton Wed. May 6 Wed. May 6

Calgary Wed. May 13 Wed. May 13

Calgary Wed. Sept. 2 Wed. Sept. 2

Edmonton Wed. Sept. 9 Wed. Sept. 9

_____________________________

1 A case management officer may at any time place any conviction appeal on the Unscheduled Criminal Appeals List.

2 Unless otherwise ordered, the Unscheduled Civil Appeals List will consist of all Civil matters (excluding Fast Track Appeals)

where the appeal has not been scheduled for hearing before a) the earlier of two (2) months after the deadline for the filing of

the last factum in the appeal and nine (9) months after the filing of the Notice of Appeal, or b) any deadline stipulated by the

Case Management Officer or Single Appeal Judge (Rule 14.33(2)).

Alberta Rules of Court Court of Appeal Volume 2 Practice Directions

1 January 1, 2019

Consolidated Practice Directions of the Court of Appeal of Alberta

Adopted by the Court of Appeal June 2, 2014, With Amendments to August 1, 2018

Table of Contents

A. General

1. Sample Forms

2. Assigned Panels

3. Unscheduled Civil and Criminal Appeals List

4. Applications

5. Scheduling Applications

6. Release of Judgments

7. Notices to the Profession

8 Variation of Conditional Sentence or Probation Order

B. Electronic Appeal Records

C. Electronic Appeals (E-Appeals)

D. Guidelines for Judicial Dispute Resolution (JDR)

E. Emergency Directions

Consolidated Practice Directions

A. General

1. Sample Forms

Examples of the commonly used appeal forms can be found on the Alberta Courts website https://www.albertacourts.ca, under “Court of Appeal”.

2. Assigned Panels

The names of the panel assigned to hear appeals on the Civil, Conviction or Sentence Lists will be posted at the Registry counters in each city, and placed on the Alberta Courts website https://www.albertacourts.ca, under “Court of Appeal > Registry > Court Lists”, on the Wednesday before the opening of the sittings. Further, the Registry offices have been instructed not to release this information over the telephone.

Counsel and litigants are advised, however, that the panel may change, without notice, at any time before the hearing.

3. Unscheduled Civil and Criminal Appeals List

The Unscheduled Appeals Lists will be called by a Judge in Chambers, the Case Management Officer, the Registrar, or the Deputy Registrar at a date to be specified by the Chief Justice. The calling of the lists will commence in

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both cities at 10:00 a.m. for the Unscheduled Criminal Appeals List, and 1:30 p.m. for the Unscheduled Civil Appeals List.

The Unscheduled Appeals Lists will be posted on the Alberta Courts website at https://www.albertacourts.ca under Court of Appeal > Registry > Court Lists, 10 days before the lists are spoken to. Counsel and litigants are encouraged to check these lists on a regular basis as they can change frequently up until the day that the lists are spoken to.

Any party whose appeal is on the Lists, or counsel, shall appear at the time and place specified and are expected to be fully instructed in the progress of the appeal they are speaking to.

4. Applications

(a) A single appeal judge will sit to hear applications at 9:30 a.m. every Tuesday, Wednesday, and Thursday (statutory holidays excluded) in both Edmonton and Calgary. The only exception will be the months of July and August, at which time one judge will sit to hear applications for both Edmonton and Calgary from whichever city is specified.

(b) Applications need not be pre-booked with the Registry before sending documentation for filing. However, it is recommended that the Registry be contacted before setting down lengthy or complex applications (e.g., those with multiple parties, complex applications for permission or leave to appeal regulatory orders, etc.).

(c) Applications to a single appeal judge may be made on other days or times only in exceptional cases, by arrangement with the Case Management Officer.

5. Scheduling Applications

(a) The Registry staff will not automatically reject an application set for a hearing date too early for the required notice to be given. If the filing party insists on filing the application, for a good reason, the staff may contact the assigned judge to see if the matter can be heard.

(b) The clerks will not file an application unless the applicant provides, at the same time the application is being filed, the supporting affidavit (if applicable), memorandum and any other supporting materials required for the application. An exception will be on applications for permission or leave to appeal where the preservation of time is needed.

6. Release of Judgments

Unless otherwise ordered:

(a) On the business day before a judgment is to be released, the Registrar will contact the lawyers or parties involved to advise that the judgment will be released at 9:30 a.m. on the following morning. Notice of the judgments to be released the following business day will also be posted on the Alberta Courts website at https://www.albertacourts.ca by 4:00 p.m.




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(b) On the day of release the judgment will be:

(i) provided to the lawyers or parties between 9:30 a.m. and 10:00 a.m.,

(ii) sent to the Canadian Legal Information Institute (CanLII) at 10:00 a.m., for subsequent publishing on its website at www.canlii.org, and

(iii) available to the public at the offices of the Court at 10:05 a.m.

(Any concerns with on-line judgments should be raised directly with CanLII.)

(c) Users can subscribe to a free email service that will notify users when Court of Appeal notices and bulletins, or notice of judgments to be filed, have been posted to the Court’s website. For details, see the website https://www.albertacourts.ca under “Court of Appeal> About > Subscription Services”.

7. Notices to the Profession

Notices to the Profession are issued periodically and posted on the Alberta Courts website at https://www.albertacourts.ca. Users can subscribe to a free service that will distribute all notices and bulletins from the Court. For details see the website https://www.albertacourts.ca under “Court of Appeal> About > Subscription Services”.

8. Variation of Conditional Sentence or Probation Order

Where the Court of Appeal has granted (or varied) a conditional sentence or probation order, and the Crown or the accused later wishes to seek a variation (or further variation) of the sentence or order, that party should apply in the first instance to the trial court which imposed the original sentence.

B. Electronic Appeal Records

1. The acceptable format for the filing of the electronic copy of Part 3 of the appeal record under R. 14.21(2) is Adobe Acrobat.

2. The electronic copy shall be named in accordance with the following Universal Transcript Format naming conventions:

E - Edmonton

C - Calgary

R - Regional

V - Civil

C - Criminal

F - Family

Y - Youth

O - Other

P - Provincial

Q - Queen’s

Bench

Last two digits

of year produced

“14”

Person’s full last

name followed by

first initial of first

name

(i) The first character shall coincide with the first letter of the location where the transcript is being produced: ‘E’ for Edmonton, ‘C’ for Calgary (includes Airdrie, Banff, Canmore, Cochrane, Didsbury, and Okotoks), and ‘R’ for Regional (includes all other locations);

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(ii) The second character shall coincide with the type of proceeding: ‘V’ for Civil, ‘C’ for Criminal, ‘F’ for Family, ‘Y’ for Youth, and ‘O’ for Other;

(iii) The third character shall coincide with the name of the trial court: ‘P’ for Provincial Court of Alberta, and ‘Q’ for Court of Queen’s Bench;

(iv) The next two characters shall be the last two digits of the year the transcript is produced: ‘14’ for 2014;

(v) The next characters shall coincide with the full last name of the first plaintiff/accused;

(vi) The last character shall coincide with the first initial of the first name of the first plaintiff/accused:

For example: For an Edmonton, Criminal, Queen’s Bench, 2014 file, where the accused’s name is John Doe, the UTF electronic file name would be: ECQ14DOEJ.pdf

(vii) If the electronic file already exists, the naming convention would be altered to include the full last name followed by the first four letters of the first name:

For example: ECQ14DOEJOHN.pdf

(viii) If the electronic file already exists, the naming convention would be altered to include a sequential number:

For example: ECQ14DOEJOHN1.pdf

(ix) In cases where a style of cause contains a party name that is so common that confusion could result (such as the City of Edmonton), the least common name in the style of cause should be used.

(x) In cases where a style of cause contains two company names, use the least common name in the style of cause.

C. Electronic Appeals (E-Appeals)

1. Recognizing the efficiency of electronic appeals, the Court of Appeal of Alberta will, by consent of both parties or by Order of the Court, allow facta and supporting materials for any appeal to be filed in an electronic format.

2. Electronic versions of facta should be hyperlinked to authorities and to the appeal record and the Extracts of Key Evidence (if applicable).

3. Counsel/parties will be required to prepare and file electronic copies of the factum and book of authorities and Extracts of Key Evidence (if applicable) with the Registry for review and approval prior to filing hard copies. Once approved, counsel must print and file the required number of hard copies of the facta and Extracts of Key Evidence, but must file only one copy of the book of authorities.


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D. Guidelines for Judicial Dispute Resolution (JDR)

1. The purpose of judicial dispute resolution (JDR) is to reach a settlement on all issues, or to resolve as many issues as possible, with the assistance of a Justice of the Court of Appeal. See R. 14.60.

2. JDR may be requested at any time throughout the appeal by contacting the Case Management Officer.

3. Upon agreement by all parties to engage in JDR, the Case Management Officer will coordinate a mutually agreeable date with all counsel, parties and the JDR judge.

4. A letter will be forwarded by the Case Management Officer to counsel, confirming the date and setting out the minimum filing requirements. In addition, at the request of the JDR Judge, a pre-meeting may be arranged with counsel to discuss and agree upon any further materials and procedures required for JDR to proceed.

5. Once a date has been scheduled for JDR, time limits on the appeal will not apply until after the JDR meeting. See R. 14.61. If JDR is not successful, the JDR Judge (or the Case Management Officer) will set time lines for filing the remaining materials on the appeal.

6. All parties must agree to JDR and be represented by counsel, unless otherwise permitted.

7. To promote success, parties with authority to make settlement decisions must be present and participate in the JDR process.

8. The materials submitted for the JDR meeting will not be filed by the Registry. Instead, the Registry will stamp them “Received” and forward them directly to the JDR Judge.

9. JDR meetings are conducted informally in a conference room setting. Gowning is not required.

10. The process is confidential. All documents prepared for JDR and statements made by counsel, or by the parties, during JDR are confidential and without prejudice, and cannot be used for any purpose or in any proceeding other than JDR. See R. 4.20. All documents submitted to the judge for JDR will be destroyed following the JDR meeting. See. R. 4.21(2).

11. Unless the parties consent, the JDR Judge will not hear any applications on the appeal, or sit on the appeal of the matter. See R. 4.21(1). The JDR Judge will not discuss the JDR process with the appeal panel, should the matter proceed to appeal.

12. If JDR is successful the Appellant must file a Discontinuance, or a Consent Judgment (if appropriate), within 30 days or such time as the JDR Judge


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directs, failing which the appeal will be deemed abandoned three months after the completion of the JDR.

13. As in any judicial process, the JDR Judge is non-compellable as a witness in any proceedings. See R. 4.21(3).

E. Emergency Directions

1. These directions affecting the management of matters before the Court and the business of the Court shall be called the “Emergency Directions”. For the purposes of the Emergency Directions, the following definitions apply:

(a) “Acting Chief Justice” means the holder of that office by appointment or by designation of the Chief Justice, or, in the absence of such person, the senior justice of the Court as may be then available.

(b) “Chief Justice” means the Chief Justice of Alberta and includes the Acting Chief Justice where necessary to give effect to the Emergency Directions.

(c) “Court” means the Court of Appeal.

(d) “designate of the Chief Justice” means any judge of the Court, or the Registrar, Deputy Registrar, or case management officer as designated by the Chief Justice.

(e) “electronic hearing” means the hearing of any matter before the Court conducted, in whole or part, by electronic means in which all participants in the hearing, and the Court, can hear each other, whether or not all or some of the participants and the Court can see each other or are in each other’s presence.

(f) “emergency” means any situation that the Chief Justice or designate of the Chief Justice believes exists or may exist that affects the management of matters before the Court or the business of the Court to such a degree that it is found necessary by the Chief Justice or designate of the Chief Justice to put these Emergency Directions into effect. This includes any emergency declared by an official authority.

(g) “official authority” means a person having power pursuant to applicable legislation of the Parliament of Canada or the Legislature of Alberta to declare an emergency, or to make authoritative directions in an emergency which may affect the management of matters before the Court or the business of the Court.

(h) “officer of the Court” includes any judge, Registrar, Deputy Registrar, case management officer and any other officer and employee of the Court.

2. (a) The Emergency Directions shall come into effect when the Chief Justice or the designate of the Chief Justice so declares.

(b) As soon as practicable after making Emergency Directions, the Chief Justice or the designate of the Chief Justice shall cause the details of the Emergency Directions to be published by any means of


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communication that the Chief Justice or the designate of the Chief Justice considers appropriate in the circumstances.

(c) Failure to publish either the Emergency Directions or any details of the Emergency Directions under s. 2(b) shall not affect any declaration made under s. 2(a) nor limit the discretion of the Chief Justice or the designate of the Chief Justice under s. 3.

3. (a) The extent to which the Emergency Directions come into effect or apply is within the discretion of the Chief Justice or the designate of the Chief Justice as the case may be.

(b) The designate of the Chief Justice may exercise any discretion under the Emergency Directions in the absence of the Chief Justice if necessary.

4. (a) If the Emergency Directions are in effect or apply to any extent, the Chief Justice or designate of the Chief Justice may in his or her discretion at any time cancel, suspend or alter the functioning or operation of the Court in any manner, including the following:

(i) the Court’s Registries and any other offices of the Court in any locations may be closed or have reduced hours of operation for any period or periods of time,

(ii) the sittings of the Court in any location may be canceled or suspended and any matters listed for hearing may by direction be adjourned either sine die or to a later specific date,

(iii) the Court may sit in panels of two judges where permitted under law,

(iv) the running of any procedural time limitations applicable to appeals or motions before the Court may be suspended for any period or periods of time,

(v) any control, management or maintenance of records by the Court, and any filing of documents with the Court, may be suspended or be set to occur at a location other than the ordinary offices of the Court, and

(vi) any other business, procedures or communications with the Court may be conducted by alternative means or in alternative locations.

(b) The examples of discretion set out in s. 4(a)(i) to 4(a)(v) are for clarity and not to restrict the generality of the discretion that may be exercised.

5. If the Emergency Directions are in effect or apply to any extent, the Chief Justice or designate of the Chief Justice may at any time arrange for an electronic hearing or a hearing at any alternative place or by alternative means that the Chief Justice or designate of the Chief Justice considers in his or her discretion to be appropriate.

6. (a) Despite any declaration or announcement of an official authority that rescinds or amends any declaration made as defined in s. 2(b), the


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Emergency Directions shall remain in effect unless otherwise declared by the Chief Justice or the designate of the Chief Justice.

(b) Any application or effect of the Emergency Directions may be terminated by declaration of the Chief Justice or the designation of the Chief Justice at such time and on such terms and conditions as the Chief Justice or designate of the Chief Justice may in his or her discretion specify.

Alberta Rules of Court Court of Queen’s Bench Volume 2 Criminal Procedure Rules

1 January, 2018

Court of Queen’s Bench of Alberta Criminal Procedure Rules

Table of Contents

PART 1 - Interpretation, Application and General Principles ........... 2

PART 2 - Applications .......................................................................... 4

DIVISION 1 - Form and Contents of Applications ........................... 4

DIVISION 2 - Application for Mandamus, Certiorari, Habeas Corpus or Prohibition .................................... 5

DIVISION 3 - Application for Judicial Interim Release or Detention Review ...................................................... 5

DIVISION 4 - Application for a Remedy under the Canadian Charter of Rights and Freedoms ............................... 6

DIVISION 5 - Application for Challenge for Cause .......................... 6

DIVISION 6 - Application Relating to an Authorization or Warrant .. 6

DIVISION 7 - Application for an Order Restricting Publication or Public Access ............................................................ 7

PART 3 - Pre-Trial Conferences .......................................................... 8

DIVISION 1 - General Provisions .................................................... 8

DIVISION 2 - Submissions and Reports ......................................... 9

DIVISION 3 - Recording and Transcript of Pre-Trial Conference .... 9

DIVISION 4 - Discussions at Pre-Trial Conference ....................... 10

PART 4 - Case Management and Joint Hearings ............................. 12

PART 5 - Summary Conviction Appeals ........................................... 12

PART 6 - Repeals and Coming into force ......................................... 15

Forms .................................................................................................. 16

Rules Pursuant to Section 745.64(1) of the Criminal Code of Canada ......................................................................... 46


2 January, 2018

Registration SI/2017-76 December 13, 2017 CRIMINAL CODE Pursuant to subsections 482(1)a and (3)b and section 482.1c of the Criminal Coded, the Court of Queen’s Bench of Alberta makes the annexed Court of Queen’s Bench of Alberta Criminal Procedure Rules.

Calgary, November 17, 2017

Mary T. Moreau Chief Justice

PART 1 Interpretation, Application and General Principles

Definitions 1 The following definitions apply in these Rules.

Code means the Criminal Code. (Code)

Court means the Court of Queen’s Bench of Alberta. (Cour)

Application 2 Unless otherwise expressly provided in an enactment, these Rules apply to any criminal or summary conviction appeal proceeding.

Purpose and interpretation 3(1) These Rules are intended to facilitate the just disposition of criminal proceedings in Alberta, and must be construed in a liberal and practical manner to secure the fair and expeditious resolution of the proceedings in which they are applied.

For greater certainty (2) Nothing in these Rules is to be construed as limiting the jurisdiction or authority of the Court or a judge.

Court’s discretionary power 4(1) To implement and advance the purpose and intention of these Rules, the Court may make any order with respect to practice or procedure, in any proceeding before the Court. _____________________ a S.C. 1994, c. 44, s. 35 b S.C. 2002, c. 13, s. 17 c S.C. 2002, c. 13, s. 18 d R.S., c. C-46


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For greater certainty (2) Without limiting the authority of the Court under these Rules, the Court may do one or more of the following:

(a) grant, refuse or dismiss an application or other proceeding;

(b) set aside any process exercised or purportedly exercised under these Rules that is

(i) contrary to law,

(ii) an abuse of process, or

(iii) for an improper purpose;

(c) give orders or directions or make a ruling with respect to a proceeding or to a related matter;

(d) make a ruling with respect to whether or how these Rules apply in particular circumstances or to a practice or procedure under these Rules;

(e) impose terms, conditions and time limits;

(f) give permission or approval;

(g) give advice, including by providing guidance and making proposals, suggestions and recommendations;

(h) adjourn all or any part of a proceeding, or extend or shorten any time limits, including the time within which the filing, service or provision of any document must be effected;

(i) include any information in a judgment or order that the Court considers necessary;

(j) amend any document, give directions or make any order necessary to validate a proceeding or document;

(k) reject a document or quash a proceeding as irregular or invalid;

(l) deem the filing, service or provision of any document to be valid and sufficient; and

(m) otherwise deal with any document or proceeding as the Court considers to be just.


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PART 2 Applications

DIVISION 1 Form and Contents of Applications

Application 5(1) Unless otherwise indicated in these Rules, every application under this Part must be made on notice in Form CC1.

Place and filing of application (2) An application must be brought by filing it with the Court in the judicial centre where the criminal proceeding to which the application relates is being or is to be heard.

Exception (3) If the application is urgent, or the Court otherwise allows, it may be brought without notice for the sole purpose of scheduling dates for service and the hearing.

Hearing of application 6 An application must be heard on the date and at the time set by the Court in the judicial centre where the application is to be heard.

Filing and service of supporting documents 7 At least seven days before the date of the hearing, the applicant must file the following supporting documents with the Court and serve them on the persons listed in Rule 8:

(a) an affidavit, transcript and other evidence or detailed particulars of the evidence that the applicant intends to present; and

(b) a summary of the legal argument supporting the relief claimed.

Persons to be served 8 The application and supporting documents must be served on the following persons:

(a) every party to the proceeding; and

(b) every person who could be directly affected by an order that may be made following the application.

Failure to appear 9 If the applicant fails to appear at the hearing of the application, the Court may dismiss the application as having been abandoned.


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Presence of accused 10 An accused person may designate counsel or a student-at-law to appear on his or her behalf by filing Form CC2 with the Court, or another document acceptable to the Court.

DIVISION 2 Application for Mandamus, Certiorari,

Habeas Corpus or Prohibition

Application 11(1) In an application under these Rules for mandamus, certiorari, habeas corpus or prohibition, the following rules apply:

(a) Part 3, Division 2, Subdivision 2 of the Alberta Rules of Court; and

(b) Division 1 of this Part.

Conflict (2) If there is a conflict between Division 1 of this Part and Part 3, Division 2, Subdivision 2 of the Alberta Rules of Court, Division 1 of this Part prevails.

DIVISION 3 Application for Judicial Interim Release or Detention Review

Judicial interim release 12(1) An application for judicial interim release or the judicial review of an order regarding judicial interim release must be brought by filing Form CC3 with the Court in the judicial centre where the accused is in custody or where the trial is to take place.

Service (2) The application must be served on the respondent at least two days before the date set for the hearing of the application.

Detention review 13(1) An application for detention review under section 525 of the Code must be brought by an institution of detention, which must file Form CC4 with the Court in the judicial centre where the accused is in custody or where the trial is to take place.

Notice to institution and to accused (2) On receipt of the application for detention review, the Court must advise the institution of the date and time of the hearing and provide a copy of Form CC5 to the designated counsel or, if there is no counsel designated, to the institution, to be provided to the accused.


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DIVISION 4 Application for a Remedy under the

Canadian Charter of Rights and Freedoms

Application and service 14 An application for a remedy based on an alleged violation of an accused’s rights or freedoms guaranteed by the Canadian Charter of Rights and Freedoms must be in Form CC1 and brought in accordance with Division 1, except that the application and supporting documents must be filed with the Court and served on the parties at least seven days before the date of the pre-trial conference or at least 60 days before the date of the trial, whichever is earlier, or as directed by the Court.

DIVISION 5 Application for Challenge for Cause

Notice of application and service 15(1) If the prosecutor or the accused wishes to challenge a juror under paragraph 638(1)(b) of the Code, that party must, at least 60 days before the date of the scheduled jury selection, file with the Court and serve on the other party a notice of the application for the challenge and provide a copy of the notice to the court coordinator in the judicial centre where the trial is to be held.

Contents of notice (2) The notice must set out the ground for the proposed challenge in accordance with section 639 and Form 41 of the Code.

Scheduling of pre-trial conference (3) On receipt of the copy of the notice, the court coordinator must schedule a pre-trial conference between the trial judge or case management judge, the prosecutor and the accused to resolve issues raised in the application.

DIVISION 6 Application Relating to an Authorization or Warrant

Application 16 An application relating to an authorization, warrant or similar order must be made in accordance with the enabling statute or, if no procedure exists in the enabling statute or there is no enabling statute, in accordance with Division 1.

Documents required for application 17 If Division 1 applies to the application, the applicant must provide, in addition to the supporting documents required under Rule 7,


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(a) the relevant passages from the statutes, regulations and legal authorities relied on and the full citation for each of these; and

(b) a draft of the order sought.

DIVISION 7 Application for an Order Restricting

Publication or Public Access

Applications to which this rule applies 18(1) This Division applies to an application for any of the following orders, unless the order is required by statute:

(a) a publication ban;

(b) a sealing order;

(c) an order prohibiting the identification of a witness, including through the use of pseudonyms;

(d) an order for an in camera hearing; and

(e) any other order for non-disclosure or restricting access.

Applications to impose or set aside a sealing order (2) An application for an order to seal an entire Court file or to set aside all or any part of an order to seal a Court file must be made to

(a) the Chief Justice;

(b) the Associate Chief Justice; or

(c) a judge designated by the Chief Justice.

Other applications (3) Any other application under this Division must be made to the trial judge, or, if no trial judge has been assigned, to another judge.

Filing and service (4) In addition to complying with the requirements of Division 1 and with any direction the Court may make with respect to any other persons to be served, the applicant must file three paper copies of Form CC6 with the clerk in the judicial centre where the application is to be heard and provide to that clerk one electronic copy of the form.


8 January, 2018

Notice (5) If the clerk has a list of media organizations registered for electronic distribution, the clerk must forward the filed electronic copy of Form CC6 to those organizations.

Posting of Form CC6 (6) The clerk must post a copy of the filed Form CC6 in a place reserved for giving public notice at the courthouse where the application is to be heard.

PART 3 Pre-Trial Conferences

DIVISION 1 General Provisions

Cases requiring a pre-trial conference 19 A pre-trial conference must be held in any case that is to be tried by a judge and jury and in any case that is anticipated to take at least three days, unless a case management judge has been appointed or a judge, on application, orders otherwise.

Date of first pre-trial conference 20 The first pre-trial conference must be held within 120 days after the filing of the indictment or the order committing the accused to stand trial, whichever occurs first.

Pre-trial conference location 21(1) A pre-trial conference must be conducted in the judicial centre where the trial will be held, unless otherwise ordered by a judge.

Pre-trial conference in courtroom (2) A pre-trial conference involving an unrepresented accused, or a represented accused who wishes to be present, must be conducted in a courtroom.

Additional pre-trial conferences 22(1) The pre-trial conference judge or another judge of the Court may order that additional pre-trial conferences be held in order to promote a fair and expeditious trial or resolution of the proceeding.

Presiding judge (2) If possible, any additional pre-trial conference must be conducted by the initial pre-trial conference judge.


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DIVISION 2 Submissions and Reports

Submissions 23 Each party to a pre-trial conference must prepare submissions by completing the pertinent parts of Form CC7 and provide a copy of this form to every other party to the proceeding and to the clerk in the appropriate judicial centre within the following periods:

(a) in the case of the prosecutor, at least two weeks before the date of the pre-trial conference; and

(b) in the case of the accused, at least one week before the date of the pre-trial conference.

Report by pre-trial conference judge 24(1) The pre-trial conference judge must prepare a report in Form CC7 and provide it to each of the parties for their approval within the period and on the conditions the pre-trial conference judge considers appropriate.

Report provided to court coordinator (2) The pre-trial conference judge must remove and destroy the page of the report relating to the parties’ positions on sentence, and the remainder of the report must be provided to the court coordinator and must not be disclosed to the public unless otherwise ordered by the judge.

Report provided to trial judge (3) The court coordinator must provide a copy of the report to the trial judge.

DIVISION 3 Recording and Transcript of Pre-Trial Conference

Recording of pre-trial conference 25(1) A pre-trial conference that is conducted in a courtroom must be recorded, but the recording must not be published, broadcast or transmitted in any way, unless otherwise ordered by the pre-trial conference judge.

Request for transcript (2) No transcript or recording of a pre-trial conference may be requested except on notice to all parties and with the prior written approval of the pre-trial conference judge.

Publication, broadcast or transmission with approval of judge (3) If a transcript or recording has been requested, no information contained in the transcript or recording may be published, broadcast, transmitted or used in any way except on notice to all parties and with the prior written approval of the pre-trial conference judge.


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No publication or disclosure of sentencing discussions (4) No information with respect to sentencing discussions or the parties’ positions may be published or disclosed in any way.

DIVISION 4 Discussions at Pre-Trial Conference

Parties’ commitments 26(1) Unless otherwise ordered by the pre-trial conference judge, all parties must be in a position to make commitments on issues that are reasonably anticipated to arise from the contents of the pre-trial submissions made by them.

Power of pre-trial conference judge (2) The pre-trial conference judge may inquire about, discuss and make recommendations on any matter that could promote the fair and expeditious conduct of the proceeding, including

(a) the contents of the submissions made by counsel or an unrepresented accused;

(b) any issues that arise from the contents of the submissions;

(c) the issues in dispute between the parties;

(d) the possibility of making admissions of fact or other agreements about uncontested issues or the evidence of witnesses;

(e) the simplification of any issues that remain in dispute in the proceeding;

(f) the resolution of any outstanding disclosure issues;

(g) the nature and particulars of any pre-trial application under these Rules, including

(i) the need to make orders about the notices of applications to be filed,

(ii) the setting of schedules for filing and serving notices of applications and other documents in support of pre-trial applications,

(iii) whether written submissions or other documents should be required for pre-trial applications and the schedules set for their filing and service, and

(iv) whether evidence on pre-trial applications may be provided by agreed statements of fact, excerpts from tran-scripts, affidavits,


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“will say” statements or otherwise than by the testimony of witnesses;

(h) the possibility of the prosecutor reducing the number of counts in the indictment to facilitate jury comprehension or otherwise promote a fair and expeditious trial;

(i) the manner in which evidence may be presented at trial to facilitate jury comprehension;

(j) whether any disturbing images or sound recordings which either party intends to put before a jury are necessary to prove its case;

(k) whether any accused or witness in the proceedings will require the assistance of an interpreter;

(l) whether any technological equipment will be required in order to accommodate any witness or to facilitate the introduction of evidence or jury comprehension of the evidence;

(m) the estimated length of pre-trial applications and of the trial and the advisability of fixing a date for the com-mencement of pre-trial applications and of the trial;

(n) the scheduling of the witnesses to be called; and

(o) the appointment of a case management judge under section 551.1 of the Code or a joint hearing judge under sec-tion 551.7 of the Code.

Sentencing issues 27(1) The pre-trial conference judge must raise and discuss

(a) the prosecutor’s position on sentence before trial and after trial, in the event of conviction, including the counts on which pleas of guilty would be sought, the credit to be given for pre-sentence custody or release on stringent terms, any corollary orders sought on conviction, and whether further proceedings would be taken on conviction; and

(b) the position of counsel for the accused on sentence if a guilty plea is taken before trial, and on sentence if the ac-cused is convicted at the end of a trial.

Judge’s opinion (2) The pre-trial conference judge may express his or her opinion about the fitness of any proposed sentencing disposition based on the circumstances disclosed at the pre-trial conference.


12 January, 2018

PART 4 Case Management and Joint Hearings

Application 28 An application under sections 551.2 to 551.7 of the Code must be made in accordance with Division 1 of Part 2, unless otherwise ordered by the case management judge or the joint hearing judge.

PART 5 Summary Conviction Appeals

Definitions 29 The following definitions apply in this Part.

adjudication includes the following:

(a) in appeals under paragraph 813(a) of the Code, a conviction or order made against or a sentence imposed on a defendant;

(b) in appeals under paragraph 813(b) of the Code, an order that stays proceedings on or dismisses an information, or a sentence imposed on a defendant;

(c) in appeals under subsection 830(1) of the Code, a conviction, judgment, verdict of acquittal or verdict of not criminally responsible on account of mental disorder or of unfit to stand trial or other final order or determination of a summary conviction court, in proceedings under Part XXVII of the Code;

(d) a final order authorized to be made by a provincial court judge or a justice of the peace under any provision of the Code to which Part XXVII of the Code applies in whole or part; and

(e) an appeal of a summary conviction proceeding under a statute that authorizes or directs the appeal to be conducted in the Court of Queen’s Bench. (décision)

appeal means an appeal from or against an adjudication. (appel)

appeal court means the Court of Queen’s Bench of Alberta sitting as an appeal court. (cour d’appel)

judge means a judge of the appeal court. (juge)

Notice of appeal 30(1) A notice of appeal must be in Form CC8 and must be filed with the clerk in the judicial centre closest to the court where the summary conviction proceeding was held.


13 January, 2018

Place of appeal (2) The appeal and all applications relating to the appeal must be made and heard at the Court in the judicial centre closest to the court where the summary conviction proceeding was held, unless the appeal court otherwise orders or the parties otherwise consent.

Time for filing of notice of appeal 31(1) The appellant must file a notice of appeal with the clerk within 30 days after the conviction, judgment, acquittal or order was made or the sentence was imposed, whichever occurs later.

Service of notice of appeal on respondent (2) If the appellant is the prosecutor, the notice of appeal must be served personally on the respondent or in any manner a judge directs or authorizes.

Clerk to send notice of appeal to prosecutor (3) If the appellant is not the prosecutor, the clerk must send the filed notice of appeal to the prosecutor as soon as possible under the circumstances.

Scheduling of appeal hearing 32(1) On receipt of a notice of appeal that appears to meet the requirements of this Part, the clerk must schedule the appeal for hearing on a date that is not earlier than 60 days and not later than 120 days after the date of filing of the notice of appeal, and must indicate the date and time of the appeal hearing on the notice of appeal.

Notice of date of hearing of appeal (2) On scheduling a date for the hearing of an appeal, the clerk must immediately notify all parties in writing.

Notice of date of appeal to summary conviction court (3) The clerk must give prompt notice of the appeal to the summary conviction court and must, prior to the hearing, obtain the relevant court file, including any exhibits, from the summary conviction court.

Ordering of transcript 33(1) The appellant must, within 30 days after the filing of the notice of appeal, request in writing from the appropriate court reporter sufficient copies of the transcript of the proceedings before the summary conviction court for the appeal court and all other interested parties.

Receipt for transcript request (2) Within 10 days after the request for the transcript, the appellant must provide to the clerk a receipt as evidence of the request.


14 January, 2018

Contents of transcript (3) The transcript must contain all of the evidence and proceedings before the summary conviction court, unless the appeal court orders otherwise, or the parties agree, but no agreement of the parties is binding on the appeal court.

Transcript for appeal concerning only sentence (4) If the parties consent and the appeal concerns only the sentence, the appellant may provide to the appeal court and to the respondent only the transcript of the proceedings relating to the sentence.

Appellant’s memorandum 34(1) If a date has been scheduled for the hearing of an appeal, the appellant must, at least 30 days before that date, file with the clerk and serve on the respondent and the other interested parties, or their counsel, a brief memorandum

(a) setting out the argument and relevant passages from the statutes, regulations and legal authorities on which the appellant intends to rely, including the full citation for each of these, in support of the grounds set out in the notice of appeal, appropriately highlighted;

(b) setting out particular references to the evidence that is to be discussed in relation to the grounds; and

(c) attaching a transcript of the proceedings being appealed from.

Respondent’s memorandum (2) The respondent must, at least 15 days before the date scheduled for the hearing of the appeal, file with the clerk and serve on the appellant or the appellant’s counsel a brief memorandum setting out

(a) the relevant passages from the statutes, regulations and legal authorities on which the respondent intends to rely in reply to the argument of the appellant, including the full citation for each of these, appropriately highlighted; and

(b) particular references to the evidence that is to be discussed in relation to that argument.

Judicial interim release 35 Judicial interim release pending the appeal may be granted conditionally or unconditionally by the appeal court, or may be refused.


15 January, 2018

PART 6 Repeals

36(1) The Court of Queen’s Bench for Alberta Summary Conviction Appeal Rules1are repealed.

(2) The Rules Pursuant to Section 424 of the Criminal Code with Respect to Mandamus, Certiorari, Habeas Corpus and Prohibition as published in Part I of the Canada Gazette on July 13, 1968 are repealed.

(3) The Alberta Court of Queen’s Bench Rules Respecting Pre-Trial Conferences2 are repealed.

Coming into Force

Publication 37 These Rules come into force on the day on which they are published in the Canada Gazette.

________________ 1 SI/2012-39 2 SI/86-79


16 January, 2018

FORMS


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46 January, 2018


Rules Pursuant to Section 745.64(1) of the Criminal Code of Canada

Relating to applications for reduction in the number of years of imprisonment without eligibility for parole.

Pursuant to the authority of the Criminal Code section 745.64(1), I hereby establish the attached Rules in respect of applications, hearings and judicial screening under sections 745.6 to 745.63 of the Criminal Code.

These rules replace the previous Rules made pursuant to section 672 of the Criminal Code.

Dated at Calgary, Alberta this 31 day of March 1998.

The Honourable W. Kenneth Moore, Chief Justice of the Court of Queen’s Bench of Alberta

NOTE: These rules do not form part of the Alberta Rules of Court, but may be placed at the back of the binder for convenience.


47 January, 2018

Alberta Rules

Rules of practice made pursuant to subsection 745.64 of the Criminal Code to reflect the changes made to the Criminal Code regarding applications for reduction in the number of years of imprisonment without eligibility for parole.

Rule 1

An application under section 745.6 of the Criminal Code and any additional material as required by subsections 745.61(1)(b) and (c) of the Criminal Code shall be in writing and shall be filed in the office of the clerk of the Court of Queen’s Bench for the judicial district in which the sentence to be reviewed was imposed.

Rule 2

The application shall include the following information:

(a) the given names and surname of the applicant, any other names he or she may have used, and the applicant’s date of birth;

(b) the name and place of the institution where the applicant is detained; (c) the offence for which the applicant was convicted, the date of

conviction, and the sentence that was imposed; (d) the length of time that the applicant has been incarcerated for that

offence; (e) all grounds relied upon in support of the application; (f) a statement of the relief sought; (g) the address for service of the applicant; (h) an outline of any evidence that the applicant intends to tender in

support of the application; and (i) an Agreed Statement of Facts and Disputed Facts.

Rule 3 (a) After the application and additional material have been filed with the

clerk, the applicant shall cause it to be served on the following persons: (i) the Solicitor General of Canada for notice only and not as a party; (ii) Minister of Justice for the Province of Alberta; (iii) the officer in charge of the institution in which the applicant is

being detained for notice only and not as a party; (iv) any other person or institution as directed by the Chief Justice or a

Justice of the Court of Queen’s Bench designated by the Chief Justice, hereinafter referred to collectively as the “Justice”.


48 January, 2018

Rule 4 (1) Upon receipt of all materials referred to in the preceding rules, the clerk shall deliver the materials and proof of service to the Chief Justice. (2) If upon the application of the Minister of Justice or on the motion of the Justice it is determined that an applicant is not a person to whom section 745.6 applies, the Justice shall dismiss the application. (3) Upon receiving the materials and proof of service, the Chief Justice shall determine, or shall designate a Justice to determine, pursuant to section 745.61 of the Criminal Code, hereinafter referred to as judicial screening, whether there is a reasonable prospect that the application will succeed. (4) The determination under Sub-Rule (3) shall be made in accordance with the criteria set out in paragraphs 745.63(1)(a) to (e) of the Criminal Code. (5) If the Justice determines that the applicant has not shown there is a reasonable prospect that application will succeed, the Justice may make an order pursuant to section 745.61(3). (6) If the Justice determines that the applicant has shown there is a reasonable prospect that the application will succeed and there is no successful application or motion under Sub-Rule (2), the Chief Justice shall or shall designate a Justice to empanel a jury to hear the application pursuant to section 745.63 of the Criminal Code. (7) Not later than 30 days prior to the start of the hearing, the applicant and counsel for the Minister of Justice shall ensure that full disclosure of all documents has been made to the other party. (8) In addition to any other order which the Justice may make, the Justice may make the following orders:

(a) an order requiring an outline by the applicant and counsel for the Minister of Justice of the evidence they intend to tender at the hearing;

(b) an order permitting the proof of facts by affidavit but where such proof has been permitted, the Justice, on application, may require the attendance of a deponent at or prior to the hearing for the purpose of cross-examination on the affidavit;

(c) an order requiring that the applicant shall be brought before the court for the hearing or for any other purpose contemplated by these Rules, and for the purposes of such order the provisions of section 527 of the Criminal Code apply mutatis mutandis.

Rule 5 Subject to these Rules, the jury referred to in subsection 745.61(5) shall be empanelled in accordance with Part XX of the Criminal Code with such modifications as the circumstances require.

Rule 6 No person other than counsel for the Minister of Justice and the applicant may adduce evidence at the hearing of the application or at the judicial screening.


49 January, 2018

Rule 7 The applicant shall present evidence first in support of the application and may, if the Justice so permits, present rebuttal evidence after counsel for the Minister of Justice has presented evidence.

Rule 8 A duly certified transcript of the proceedings at trial and sentence is admissible as evidence at the hearing and the judicial screening.

Rule 9 At the hearing of the application and the judicial screening, the Justice shall rule upon the admissibility of evidence.

Rule 10 Where, at any time before or after the commencement of the hearing the Justice determines, as a matter of law, that the applicant is not a person to whom section 745.6 of the Criminal Code applies, the Justice shall discharge the jury and reject the application.

Rule 11 After the evidence has been presented, the applicant or the applicant’s counsel may address the jury and thereafter counsel for the Minister of Justice may address the jury.

Rule 12 After the applicant and counsel for the Minister of Justice have addressed the jury, the Justice shall address the jury.

Rule 13 All orders may be made and directions given by the Justice as may be necessary for the due hearing and disposition of an application, including without restriction, orders or directions with respect to:

(a) the enlargement or abridgement of time; (b) the sufficiency of an application and any affidavit; (c) service and proof of service; (d) the date and place of hearing; (e) the summoning of additional witnesses and production of documents

not produced by either party; (f) the adjournment of the hearing of an application; (g) any other matter not provided for in these Rules.

Alberta Rules of Court Court of Queen’s Brench Volume 2 Criminal Practice Notes

1 January, 2018

Court of Queen’s Bench

Criminal Practice Notes Table of Contents

2 Q.B. Criminal Practice Note “1” Setting Down for Trial

4 Q.B. Criminal Practice Note “2” Judicial Interim Release (Bail)

11 Q.B. Criminal Practice Note “3” - Repealed

12 Q.B. Criminal Practice Note “4” Q.B. Criminal Orders Restricting Banning Publication, Public Access or Other Non Disclosure Orders in Criminal Matters

15 Q.B. Criminal Practice Note "5" Challenge for Cause

15 Q.B. Criminal Practice Note “6” - Repealed


2 January, 2018

Court of Queen's Bench of Alberta

Criminal Practice Note “1”

Setting Down for Trial

Effective Date: April 1998 (Cancels Practice Note No. 1, April 30, 1979)

Procedure to be followed in criminal cases for the setting down of trials in the Court of Queen's Bench of Alberta.

1. Judge & Jury Elections:

(a) Where an accused, upon his committal for trial by a provincial judge, elects to be tried by judge and jury, he shall, as required by law, appear, whether or not he is represented by counsel, at the first arraignment date of the court following the date of committal unless such date falls within the next 14 days, in which event he shall appear at the next succeeding arraignment date.

(b) Upon his appearance, he shall be arraigned, and if he pleads not guilty, his case shall be adjourned for pretrial conference, jury selection, and also to a trial date all of which are set by the presiding judge. It will be determined on that date whether the accused waives his right to be present at the pretrial conference. If the accused does not waive that right, the matter will be first adjourned to the date set for a pretrial conference, otherwise the matter will be adjourned to the date set for jury selection.

(c) Counsel will be permitted to tentatively book a date for jury selection and trial with the trial coordinator prior to the case being spoken to at arraignment; however, such an arrangement must be confirmed by the presiding judge at the arraignment of the accused.

(d) An accused who has not yet been assigned a trial date may make a voluntary appearance for the purpose of entering a guilty plea, and such an appearance may be arranged before any judge at any available time by the trial coordinator, with the consent of the Crown.

(e) This procedure will be followed whether or not an accused elects, at arraignment, to be tried by a judge alone.


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2. Judge Alone Elections:

Where, upon being committed for trial by the Provincial Court, an accused elects to be tried by a judge alone, the time and place of the trial of the accused shall be fixed by a judge in compliance with s. 560(1) C.C.C. who may deal with the matter in accordance with these directions:

(a) Counsel may book a trial date with the Trial Coordinator provided all accused are represented, all counsel are agreeable and the trial will not take more than 5 days. A judge will on reference by the Trial Coordinator, make an order under s. 560 C.C.C.

(b) Where, on arraignment day, there is a matter before the court in respect of which no time and place for trial has yet been fixed, the presiding judge may fix a time and place for trial. If the accused is not present he shall be expected to ascertain the time and place fixed for his trial, pursuant to s. 560(4) C.C.C.

3. Re-elections:

When an accused has elected or is deemed to have elected to be tried by a court composed of a judge and jury, and gives notice of intention to re-elect to be tried by a judge without a jury, pursuant to s. 562 C.C.C., the time and place for re-election shall be the next arraignment day of the court.

4. Adjournments:

Where an adjournment is required, counsel will be expected to make an application for adjournment to a judge in Chambers as soon as the need for adjournment is discovered. The accused will appear at the next arraignment day for fixation of a new trial date or otherwise as the judge orders.

W. K. MOORE CHIEF JUSTICE


4



Judicial Interim Release (Bail)

April, 1982 (Updated April, 2007)

Difficulties have been encountered in the past with respect to the form of Bail Order.

A wide variety has been used by members of the Bar and even though the documents have been approved as to form by Agents of the Attorney General, Justices of the Peace have had problems in processing some of the orders.

In cooperation with senior officials of the Alberta Department of Justice and members of the Edmonton and Calgary Bar Associations, a uniform standard form of “Order of Release” has been worked out. It would be appropriate if it could be used throughout the Province.

This standard form is attached. It is to be observed that it is not a precedent in the normal sense of the word. Rather, it is a guide or a “Master Document” on the basis of which actual documents should be prepared. Only the appropriate paragraphs from the master document should be incorporated in the actual order as required.

Effective immediately this document should be used in preparation of Orders of Release in all cases where such orders are issued out of the Court of Queen's Bench.

It is intended that this form be used generally, recognizing that situations may arise where special provisions are required.

W. K. MOORE Chief Justice


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IN THE COURT OF QUEEN'S BENCH OF ALBERTA JUDICIAL DISTRICT OF ______________

BETWEEN: HER MAJESTY THE QUEEN,

RESPONDENT -AND-

(ACCUSED'S NAME IN FULL AS IT APPEARS ON INFORMATION OR

INDICTMENT) APPLICANT

BEFORE THE HONOURABLE ) DAY, THE DAY JUSTICE _ ) OF , 20 . IN CHAMBERS, ) )

ORDER OF RELEASE UPON THE APPLICATION of the Applicant. AND UPON HEARING COUNSEL for the Applicant and Counsel for the Respondent;

(for offences NOT under s.469)

(for offences under s.469)

AND IT APPEARING THAT the Applicant was detained in custody by the Order of THE HONOURABLE JUDGE , in the Provincial Court of Alberta, at , on the day of , 20 , on the following charge(s). NAMELY: (SET OUT, IN FULL, THE WORDING OF EACH CHARGE AS IT APPEARS IN THE INFORMATION OR INDICTMENT) AND IT APPEARING THAT the Applicant was detained in custody on the following charge(s).

NAMELY:(SET OUT, IN FULL, THE WORDING OF EACH

CHARGE AS IT APPEARS IN THE INFORMATION OR INDICTMENT) AND IT APPEARING THAT the Applicant is

not required to be detained in custody in respect of any other matter;


6

IT IS ORDERED THAT the Application be allowed, the Order previously made by THE HONOURABLE JUDGE _______________ be vacated and the Applicant be released upon his(her):

(use the most appropriate one of the following 12 paragraphs)

1. GIVING AN UNDERTAKING, IN FORM 12, WITHOUT CONDITIONS.

2. GIVING AN UNDERTAKING, IN FORM 12, WITH THE FOLLOWING CONDITIONS, NAMELY:

(“CONDITIONS” - see s.515 (4) (a) to (f), and 515(4.1), 515(4.11) and/or 515(4.2) and notes following at the foot of this document)

(a) ______________________________________ (b) ______________________________________ (c) ______________________________________, 3. ENTERING INTO A RECOGNIZANCE, IN

FORM 32, before a Justice, without sureties in the amount of $ , but without deposit of money or valuable security.

4. ENTERING INTO A RECOGNIZANCE, IN FORM 32, before a Justice, without sureties in the amount of $ , but without deposit of money or valuable security, with the following conditions, NAMELY:

(a) ______________________________________ (b) ______________________________________ (c) ______________________________________,

("CONDITIONS" - see below)

5. ENTERING INTO A RECOGNIZANCE, IN FORM 32, before a Justice, with surety (sureties) in the amount of $ but without the deposit of money or other valuable security,


6. ENTERING INTO A RECOGNIZANCE, IN FORM 32, before a Justice with surety (sureties) in the amount of $ but without deposit of money or other valuable security, with the following conditions, NAMELY:

(a) ______________________________________ (b) ______________________________________ (c) ______________________________________

7. The prosecutor having consented, ENTERING INTO A RECOGNIZANCE, IN FORM 32, before a Justice, without sureties, in the amount of $ upon him(her) depositing with the Justice the said sum of money or other valuable security therefor.


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8. The prosecutor having consented, ENTERING INTO A RECOGNIZANCE, IN FORM 32, before a Justice, without sureties, in the amount of $ upon him(her) depositing with the Justice the said sum of money or other valuable security therefor, with the following conditions, NAMELY:


(a) ______________________________________ (b) ______________________________________ (c) ______________________________________

9. Being not ordinarily resident in the Province of Alberta or not ordinarily residing within one hundred miles of the place in which he(she) is in custody, ENTERING INTO A RECOGNIZANCE, IN FORM 32, before a Justice, without sureties, in the amount of $ upon him(her) depositing with the Justice the said sum of money or other valuable security therefor.

10. Being not ordinarily resident in the Province of Alberta or not ordinarily residing within one hundred miles of the place in which he(she) is in custody, ENTERING INTO A RECOGNIZANCE, IN FORM 32, before a Justice, with surety(sureties), in the amount of $ upon him(her) depositing with the Justice the said sum of money or valuable security therefor.

11. Being not ordinarily resident in the Province of Alberta or not ordinarily residing within one hundred miles of the place in which he(she) is in custody, ENTERING INTO A RECOGNIZANCE. IN FORM 32, before a Justice, without sureties, in the amount of $ upon him(her) depositing with the Justice such sum of money or other valuable security therefor, with the following conditions, NAMELY:


(a) ______________________________________ (b) ______________________________________ (c) ______________________________________


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12. Being not ordinarily resident in the Province of Alberta or not ordinarily residing within one hundred miles of the place in which he(she) is in custody, ENTERING INTO A RECOGNIZANCE, IN FORM 32, before a Justice, with surety(sureties), in the amount of $ upon him(her) depositing with the Justice such sum of money or other valuable security therefor, with the following conditions, NAMELY:


(a) ______________________________________ (b) ______________________________________ (c) ______________________________________

AND IT IS FURTHER ORDERED THAT: 1. Such (Undertaking may be given by the Applicant

to) (or) (Recognizance may be entered into by the Applicant before) any Judge of the Provincial Court of Alberta or any Justice of the Peace in and for the Province of Alberta;

2. Any Judge of the Provincial Court of Alberta or any Justice of the Peace in and for the Province of Alberta may order that the Applicant be brought before him for the purpose of (giving such Undertaking) (or) (entering into such Recognizance) and being released from custody, and this order shall be sufficient authority to any person having the custody of the Applicant in the Province of Alberta to have the Applicant brought before such Judge or Justice of the Peace;

3. If the Applicant is brought before such Judge or Justice of the Peace and (gives such Undertaking) (or) (enters into such Recognizance) as aforesaid, the person having custody of the Applicant shall release him(her) forthwith.


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_______________________ JUSTICE OF THE COURT OF QUEEN'S BENCH OF ALBERTA

APPROVED AS TO FORM AND CONTENT _____________________ AGENT OF THE ATTORNEY GENERAL ENTERED THIS DAY OF , 20 . ______________________ CLERK OF THE COURT OF QUEEN'S BENCH OF ALBERTA

Note on “Conditions”

Where the Court imposes conditions in the undertaking or recognizance, such conditions, pursuant to s.520(7)(e) or s.521(8)(e), should be those described in s.515(4)(a) to (f), 515(4.1), 515(4.11) and/or 515(4.2).

1. In respect to the condition described in s.515(4)(a), “report at times to be stated in the Order to a peace officer or other person designated in the Order;”, IN CALGARY, such condition should read as follows:

“(a) Report in person once each week (state time and date of first occasion on which Applicant is required to report) to or designate, CALGARY CORRECTIONAL SERVICES. 7th Floor, 205 - 9th Ave., South East, Calgary, Alberta; and thereafter report in person weekly on such day and at such time as may be determined by the said (name or designate).”

IN EDMONTON, such condition should read as follows: “(a) Report in person once each week (state time and date of first

occasion on which Applicant is required to report) to or designate, CORRECTION SERVICES DIVISION, 5th Floor 10015 - 103 Avenue, Edmonton, Alberta; and thereafter report in person weekly on such day and at such time as may be determined by the said (name or designate).”

IN AREAS OUTSIDE CALGARY AND EDMONTON where there are no Municipal Police - i.e. Outside Lethbridge, Medicine Hat, Camrose, Barrhead, etc., such condition should read as follows:


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“(a) Report in person once each week (state time and date of first occasion on which the Applicant is required to report) to NCO/in Charge (Inspector, where applicable) RCMP Detachment at ___________; and thereafter report in person weekly on such day and at such time as may be determined by the said (NCO/in Charge (or) Inspector, where applicable).”

IN AREAS outside Calgary and Edmonton where there are Municipal Police, such condition should read as follows:

“(a) Report in person once each week (state time and date of first occasion on which Applicant is required to report) to (NAME OF APPROPRIATE POLICE OFFICER) or Designate, (ADDRESS OF POLICE STATION); and thereafter report in person weekly on such day and at such time as may be determined by the said (Police Officer).”

2. In respect to the condition described in s.515(4)(b), such condition should read as follows:

“(b) Remain within (DESCRIBE TERRITORIAL JURISDICTION- e.g. City, Town, Province).”

3. In respect to the condition described in s.515(4)(c), such condition should read as follows:

“(c) Notify (PERSON DESIGNATED PURSUANT TO CONDITION DESCRIBED IN s.515(4)(a)) of any change in his (her) address or employment or occupation.”

4. In respect to the condition described in s.515(4)(d), such condition should read as follows:

“(d) Abstain from communicating with (NAME OF WITNESS, COMPLAINANT OR ANY OTHER PERSON OR PERSONS) except in accordance with the following conditions: (a) ___________________________________ (b) ___________________________________ (c) ___________________________________.”

5. In respect to the condition described in s.515(4)(e), such condition should read as follows:

“(e) Deposit his(her) passport with A JUDGE OF THE PROVINCIAL COURT OF ALBERTA OR JUSTICE OF THE PEACE (to whom his(her) undertaking will be given) (or) (before whom such recognizance will be entered into).”

6. In respect to the conditions described in s.515(4)(f), such conditions will, of necessity, be drafted for the particular situation contemplated.


11



Repealed


12



Q.B. Criminal Orders Restricting Banning Publication, Public Access or Other Non Disclosure Orders in

Criminal Matters

March 2007

1. This practice note applies to an application for: a. a publication ban, b. a partial sealing order, c. an order preventing the identification of a witness, including the use of

pseudonyms, d. an in camera hearing, or e. any other non disclosure or access limiting order.

under a judge’s discretionary statutory or common law authority; it does not apply to orders which are mandated by statute . This practice note is not intended to restrict the Court’s inherent jurisdiction to issue a publication ban of its own motion or determine appropriate interested parties. 2. “Interested parties” include the crown, the defence, a directly affected

witness, the electronic and print media, and any other person named by the Court. Any other party claiming an interest in the proceedings must apply to the Court for standing to be heard at the application.

3. The procedure for the application is: a. The applicant must file three copies of the Notice of Application,

prescribed in Form A, with the Clerk of the Court in the appropriate Judicial District and serve all interested parties except the media at least two clear days before the beginning of the proceeding to which the application relates.

b. The applicant must also transmit an electronic copy of the Notice of Application to the electronic address of the Clerk of the Court of the appropriate Judicial District, at least two clear days before the proceeding to which the application relates.

(i) The Clerk of the Court shall re-transmit the Notice of Application electronically to the media noted on a list to be kept by the Clerk of the Court, or his/her designate.

(ii) The Clerk of the Court shall post the Notice of Application at the place reserved for giving notice at the Courthouse where the application is to be heard. (Note 1)


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4. The application may be made to: a) the trial judge, if the trial judge has been assigned; b) a Criminal Appearance Court judge; c) the supervising judge or designate.

5. The Applicant may apply to the Court for further directions as to the persons to be served and the manner of service.

6. The information that is the subject of the initial application shall not be published without leave of the Court until the application is heard.

Sealing/Unsealing Court Files

7. An application to seal the entire court file, or an application to set aside a sealing order, must be made to the Chief Justice, the Associate Chief Justice, or a designate, who may make such directions as to the parties, manner and time for service of notice that they, in their discretion, deem appropriate.

Note 1 Until the electronic method is in place, the following procedure will govern:

3. a. The Applicant must file with the Clerk of the Court three copies of the Notice of Application, as prescribed in Form A, and, except with leave of the Court, serve the interested parties, except the media, two days before the beginning of the trial, application, proceeding, or matter to which the order is to apply.

b. Unless otherwise ordered, and pending the implementation of an electronic form of notice, notice to the media is given by filing Form A with the Clerk of the Court, who will post the notice at the place reserved for such notice at the courthouse where the application is to be heard.


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Form A

File # _____________

IN THE COURT OF QUEEN’S BENCH JUDICIAL DISTRICT OF __________________

BETWEEN:1 HER MAJESTY THE QUEEN

-and- X

Notice of Application for an Order Restricting Publication or Public Access

Take notice that an application for a (specify the order sought, for example: publication ban, access restriction, protect witness identity) will be made before the Presiding Justice at , Alberta on the day of , 20 at a.m./p.m. on behalf of (name of applicant)1 who is (describe applicant: Crown, accused witness etc.) And further take notice that the specific terms of the proposed order sought are (describe the nature of the order: publication ban, access restriction etc.), and the proposed duration of the order is . And further take notice that the specific grounds for the application are (describe legal basis for application, for instance s. 486 of the Criminal Code). And further take notice that on the application reference will be had to Queen’s Bench Practice Note # 4 and (describe evidence to be relied on: affidavit, viva voce or other and any statutory provision or rule). Dated this day of , 20 . ___________________________ Counsel for the Applicant ___________________________ ___________________________ Address and phone number of Applicant or Applicant’s counsel. Note 1 The information that is the subject of this application may not be published without leave

of the court.

1 Parties (if the ban or sealing order relates to the identity of a party, that party may be temporarily identified by initials pending the hearing of the application).


15 January, 2018



Challenge for Cause

May 1, 2007

Where the prosecutor or the accused wishes to challenge jurors pursuant to section 638(1)(b) of the Criminal Code, for example a challenge based on the personal characteristics of the accused or the accused’s witnesses, prejudice about the nature of the crime, or prejudice arising from pre-trial publicity, the following procedure will be followed: 1. Notification of such a challenge will be given to the prosecutor or the

accused and to the Trial Coordinator in the Judicial District where the trial is scheduled to take place at least 60 days prior to the scheduled jury selection or, such shorter interval that the trial judge may allow in the interests of justice;

2. Notification must be in writing setting out the basis for the proposed challenge (See s.639 and Form 41 of the Criminal Code);

3. Upon receipt of the written notification, the Trial Coordinator in the Judicial District where the trial is scheduled will schedule a pre-trial conference with the trial judge, the prosecutor and the accused to resolve issues raised by the application.



Repealed

(Note: The Court of Queen’s Bench of Alberta Criminal Procedure Rules are now found under the

‘Court of Queen’s Bench Criminal Rules’ tab.)

Alberta Rules of Court Court of Appeal Criminal Rules Volume 2

1 January 1, 2019

Court of Appeal of Alberta Criminal Appeal Rules

Approved by the Court of Appeal April 16, 2018, Canada Gazette (2018) SI/2018-34, 152 C Gaz II, 1050 (May 2, 2018).

Starts at rule # Division 1: Interpretation and Application 16.1 What this part applies to 16.1 Definitions 16.2 Application of civil rules 16.3 Division 2: Starting an Appeal 16.4 Permission to appeal 16.4 Date of decision 16.5 Self-represented appellants 16.6 How to start an appeal 16.7 Service of the application for permission to appeal or notice of appeal 16.8 Method of service 16.9 Variation of a sentence 16.10 Types of appeals 16.11 Division 3: Appeal Documents 16.12 Preparation of Appeal Record 16.12 Contents of Appeal Record – conviction appeals 16.13 Contents of Appeal Record – sentence appeals 16.14 Format of Appeal Record 16.15 Factums in criminal appeals 16.16 Contents of factums 16.17 Format of factums 16.18 Other appeal documents 16.19 Division 4: Scheduling Oral Argument 16.20 Scheduling conviction appeals 16.20 Unscheduled conviction appeals 16.21 Scheduling sentence appeals 16.22 Division 5: Applications 16.23 Bringing Applications 16.23 Application for permission to appeal 16.24 Judicial interim release 16.25 Application to admit new evidence 16.26 Application to reconsider a previous decision 16.27 Application to restore 16.28 Summary determination of appeals 16.29 Division 6: General Rules 16.30 Presence at appeals 16.30 Duties of counsel 16.31 Abandonment of appeals 16.32 Restoring criminal appeals 16.33 New trials 16.34 Scope of sentence appeals 16.35 Judgment in appeals 16.36

Alberta Rules of Court Court of Appeal Criminal Rules Volume 2 Rule 16.1

2 January 1, 2019

Requirements for all documents 16.37 Coming into force 16.38 Forms CRA-A to CRA-K

Part 16 Criminal Appeal Rules

These Rules are made by the Court of Appeal pursuant to section 482 of the Criminal Code, and are included with the civil rules for convenience.

Division 1 Interpretation and Application

What this Part applies to 16.1 This Part applies to all criminal appeals to the Court of Appeal of Alberta, including those arising from or under the appeal procedures set out in: (a) the Criminal Code;

(b) the Extradition Act;

(c) the Youth Criminal Justice Act; and

(d) the Provincial Offences Procedure Act (Alberta).

Definitions 16.2(1) Unless otherwise specified in this Part, and as the context requires, terms used in this Part have the same meaning as in the Criminal Code or the Provincial Offences Procedure Act (Alberta).

(2) In this Part:

“Attorney General” has the meaning set out in section 2 of the Criminal Code;

“civil rules” means the Alberta Rules of Court (AR 124/2010);

“conviction appeal” means an appeal from a conviction, acquittal or stay, or any decision that otherwise concludes criminal proceedings, other than a sentence appeal, including

(a) any decision described in section 672.72, subsection 675(3), and sections 676, 784 and 839 of the Criminal Code,

(b) an appeal from a costs order in a criminal matter,

(c) an appeal or review of a decision under the Extradition Act,

(d) an appeal from a decision that a person is unfit to stand trial or is not criminally responsible on account of mental disorder under Part XX.1 of the Criminal Code, and


3 January 1, 2019

(e) any appeal with respect to a finding that an offender is a dangerous offender or long-term offender;

“Court” means the Court of Appeal of Alberta;

“criminal appeal” means an appeal to which this Part applies;

“file” means to present the correct document and obtain an acknowledgement from the Registrar that the document is part of the Court record;

“permission to appeal” means

(i) an application for leave to appeal,

(ii) an application for a certificate of sufficient importance justifying a further appeal, and

(iii) an application under section 680 of the Criminal Code for review of an interim release decision;

“Registrar” means a person appointed as a Registrar of the Court under the Court of Appeal Act (Alberta) and includes a Deputy Registrar of the Court and any person designated by a Registrar or the Chief Justice of Alberta to act for a Registrar;

“self-represented appellant” means an appellant who is not represented by counsel; and

“sentence appeal” means an appeal from a sentence, direction respecting parole, or other disposition following conviction, including the declarations, orders and dispositions listed in section 673, paragraph 675(1)(b) and paragraph 676(1)(d) of the Criminal Code, but not an appeal with respect to a finding that an offender is a dangerous offender or long-term offender.

(3) A reference in this Part to a form is a reference to the forms in the Schedule of Criminal Appeal Forms, varied to suit the case, or a form to the like effect.

Application of civil rules 16.3(1) Subject to this Part, to any enactment, and to any direction by a case management officer or a single appeal judge, if this Part does not deal with a matter, the provisions of Part 14 of the civil rules respecting standard civil appeals (including rule 14.2) apply to criminal appeals, subject to any modifications or exceptions required to make them appropriate for the administration of criminal justice.

(2) For greater certainty, the following provisions of the civil rules do not apply to criminal appeals:

(a) Part 5 [Disclosure of Information];


4 January 1, 2019

(b) Part 10, Division 2 [Recoverable Costs of Litigation];

(c) Part 14, Division 1, Subdivision 2 [Appeals as of Right];

(d) Part 14, Division 1, Subdivision 3 [Appeals with Permission];

(e) Part 14, Division 1, Subdivision 4 and rule 14.11 [Cross appeals];

(f) Part 14, Division 5, Subdivision 3 [Settlement Using Court Processes];

(g) Part 14, Division 5, Subdivision 4 [Judicial Dispute Resolution on Appeal]; and

(h) Part 14, Division 5, Subdivision 7 [Security for Costs].

Division 2 Starting an Appeal

Permission to appeal 16.4(1) Where an appellant requires permission to appeal because (a) leave to appeal to the Court is required under the Criminal Code in a

summary conviction matter,

(b) a direction is required under section 680 of the Criminal Code for review of an order respecting judicial interim release,

(c) a certificate of sufficient importance is required to appeal under the Provincial Offences Procedure Act, or

(d) the appeal is of an order respecting costs,

the appellant shall bring an application for permission to appeal pursuant to rule 16.24 [Application for permission to appeal] and Form CRA-C.

(2) If permission to appeal is granted the appellant shall file a notice of appeal pursuant to rule 16.7 [How to start an appeal].

(3) In any case referred to in subsection (1), the application for permission to appeal must be brought within

(a) the time stated in any enactment for commencing the appeal, and

(b) if paragraph (a) does not apply, one month after the date of the decision.

(4) Where permission to appeal is required in a case not referred to in subsection (1), the appellant shall file a notice of appeal pursuant to rule 16.7 [How to start an appeal], and unless otherwise ordered the application for permission to appeal is deemed to be included in the notice of appeal, and will be heard at the same time as and by the panel hearing the appeal.


5 January 1, 2019

Date of decision 16.5 In this Part, “date of decision” means the later of (a) the date that the decision being appealed is made, and

(b) for a conviction appeal, where the sentencing occurs later than the conviction decision, the date that the sentencing decision is made.

Self-represented appellants 16.6(1) A self-represented appellant who is in custody may start an appeal by filing with a senior officer of the institution in which the appellant is in custody, within the time specified in rule 16.7 [How to start an appeal], 3 copies of a notice of appeal in Form CRA-A.

(2) The senior officer must endorse on the notice of appeal the date it was received, return a copy to the appellant, retain a copy, and forthwith forward a copy to the Registrar.

How to start an appeal 16.7(1) An appeal, other than an appeal by a self-represented appellant in custody referred to in rule 16.6, must be started by filing with the Registrar 3 copies of a notice of appeal (a) using Form CRA-A for an appeal by a self-represented appellant, or

(b) using Form CRA-B for all other appeals.

(2) The notice of appeal must be filed within

(a) the time for starting an appeal stated in an enactment,

(b) if the appellant is granted permission to appeal, 10 days after permission to appeal is granted, or

(c) if paragraphs (a) and (b) do not apply, one month after the date of decision,

and subject to rule 16.8 [Service of the notice of appeal] an additional filed copy must be served on the respondent within those time limits.

Information note The deadline for appealing a disposition under section 672.72 of the Criminal Code is 15 days after receipt of a copy of the placement or disposition decision. The deadline for appealing under section 50 of the Extradition Act is 30 days from the decision. If convictions are entered, or sentences are imposed simultaneously by a trial judge in connection with both a summary conviction matter and an indictable matter, both matters may be appealed together to the Court of Appeal: Criminal Code, subsections 675(1.1) & 676(1.1).


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Service of the application for permission to appeal or notice of appeal 16.8(1) If the appellant is not the Attorney General or prosecutor, the Registrar must forthwith forward a copy of the application for permission to appeal or notice of appeal to the Attorney General or prosecutor.

(2) In all other cases the appellant must serve a filed copy of the application for permission to appeal or notice of appeal on the respondent in accordance with rule 16.9 [Method of service], within the time specified in rule 16.7 [How to start an appeal].

Method of service 16.9(1) Subject to any enactment, an application for permission to appeal and a notice of appeal as of right filed by the Attorney General must be personally served on the respondent.

(2) An application for permission to appeal and a notice of appeal as of right filed by a convicted person must be served on the Attorney General.

(3) Any documents other than an application for permission to appeal or a notice of appeal as of right subsequently required to be served on a party to a criminal appeal may be served at the address for service provided by that party, or on the lawyer of record for that party.

Variation of a sentence 16.10 If a sentence appeal is started by a convicted person, and the Attorney General proposes to argue on appeal that the sentence should be varied, the Attorney General must file and serve a Notice of Variation of Sentence in Form CRA-D on or before filing the respondent’s sentence factum.

Types of appeal 16.11 Unless otherwise ordered, where an appeal is started from both conviction and sentence, (a) the two components of the appeal are to proceed as separate appeals,

(b) the appeal respecting conviction is to be adjudicated first, and

(c) the appeal respecting sentence, or an appeal respecting a dangerous offender or long-term offender finding is to be adjudicated second.

Division 3 Appeal Documents

Preparation of Appeal Record 16.12(1) The appellant must, (a) within 10 days after filing a notice of appeal

(i) order or commence preparation of the Appeal Record, and


7 January 1, 2019

(ii) order from Transcript Management Services the transcripts required by paragraph 16.13(d) or 16.14(d), and

(b) within five days after ordering the appeal record and transcripts, file a copy of the order and serve a filed copy on the respondent.

(2) Subject to rule 16.13 [Contents of Appeal Record – conviction appeals], rule 16.14 [Contents of Appeal Record – sentence appeals] and rule 16.15 [Format of Appeal Record], the appellant must file 5 copies of the Appeal Record, and serve on the respondent an additional filed copy of the Appeal Record and an electronic copy of the Transcripts.

(3) The Appeal Record and Transcripts must be prepared promptly and filed and served forthwith after they are available, and

(a) in an appeal from sentence only where the net sentence is 6 months or less, not later than 2 months after the date on which the notice of appeal was filed,

(b) in an appeal from sentence only where the net sentence is greater than 6 months, not later than 3 months after the date on which the notice of appeal was filed,

(c) for the sentencing part of any appeal as to both conviction and sentence, not later than 2 months after the date on which the conviction appeal was dismissed or abandoned, or

(d) in all other appeals, not later than 4 months after the date on which the notice of appeal was filed.

(4) If the Appeal Record is not filed and served within the applicable deadline, and an extension is not obtained

(a) if the appellant is a self-represented appellant and is in custody, the Registrar may refer the appeal to a single appeal judge for directions, and

(b) in all other cases, the appeal will be struck by the Registrar.

Contents of Appeal Record - conviction appeals 16.13 The Appeal Record for conviction appeals must contain the following: (a) A table of contents at the beginning of each volume

(i) listing separately each document in every volume and showing the page number where the document can be found,

(ii) including a copy of the table of contents for the transcripts required by subparagraph (d)(i), and


8 January 1, 2019

(iii) containing a list and description of all the exhibits entered in the trial court, and the page in the transcripts where the entry of the exhibit is shown.

(b) Part 1 - Pleadings, consisting of

(i) the Information, Indictment or other originating document, and endorsements, and

(ii) for a further appeal in a summary conviction matter,

(A) the written or transcribed reasons of the Provincial Court of Alberta, and

(B) the notice of appeal to the Court of Queen’s Bench of Alberta.

(c) Part 2 - Final Documents, which must include

(i) the written or transcribed reasons

(A) that led to the decision being appealed, and

(B) for any decision rendered during the trial that is relevant to the disposition of the appeal,

(ii) the charge to the jury, and the verdict of the jury,

(iii) any formal record of the decision, including any certificate of conviction, order of acquittal, report of criminal trial, or report of criminal appeal,

(iv) any restricted court access order,

(v) for appeals referred to in subrule 16.4(1), the order and reasons granting permission to appeal,

(vi) the notice of appeal,

(vii) when an enactment requires service on the Attorney General for Alberta or the Attorney General for Canada, or both, proof of that service, and

(viii) if there is no oral record that can be transcribed for Part 3, a notation to that effect in the table of contents.

(d) Part 3 - Transcripts, which must contain the following information

(i) a table of contents at the beginning of every volume, listing separately each part of the transcript, the name of each witness and questioner and showing the page number where the part or the testimony of the witness or questioner begins,


9 January 1, 2019

(ii) all oral evidence, but only such part of the argument that is necessary to determine the appeal, and

(iii) in the case of an appeal from a judgment in a jury trial, the address to the jury of each party, the judge’s charge to the jury and the answers given to any questions from the jury.

Contents of Appeal Record - sentence appeals 16.14 The Appeal Record for sentence appeals must contain the following: (a) A table of contents as required by paragraph 16.13(a),

(b) Part 1 - Pleadings, consisting of the Information, Indictment or other originating document, and endorsements,

(c) Part 2 - Final Documents, which must include

(i) any written or transcribed reasons for conviction, and the reasons for the sentence,

(ii) any formal record of the decision, including the certificate of conviction, report of criminal trial, or report of criminal appeal, and any resulting orders, prohibitions, authorizations or warrants arising from the sentencing,

(iii) the notice of appeal,

(iv) any Notice of Variation of Sentence in Form CRA-D, and

(v) any restricted court access order.

(d) Part 3 - Transcripts, which must include:

(i) a table of contents as required by subparagraph 16.13(d)(i),

(ii) the plea and particulars, and any oral evidence given at the sentencing, and

(iii) speaking to sentence,

(A) in the case of a guilty plea, from the time of the plea, and

(B) in other cases, from the time of conviction.

Format of Appeal Record 16.15(1) The Appeal Record in criminal appeals must comply with rule 16.37 (Requirements for all documents) and (a) be printed single-sided and bound together along the right edge of the

page so that the printed text is to the left of the binding,

(b) number the Pleadings starting with page P1, and the Final Documents with page F1,


10 January 1, 2019

(c) have red cardstock covers, front and back, and

(d) be divided into numbered volumes of approximately 200 pages each.

(2) The Transcripts must

(a) be prepared by an official court reporter or be in a format satisfactory to the Registrar,

(b) be prepared in an electronic format approved by the Registrar and uploaded before the paper copy is filed,

(c) be paginated and printed double-sided,

(d) have grey cardstock covers, front and back, and

(e) be divided into numbered volumes of approximately 200 pages each.

(3) With the consent of all parties, or by order, an Appeal Record may be completed in an electronic format approved by the Registrar.

(4) A case management officer may set or vary the contents or format of the Appeal Record as the nature of the appeal requires, including giving direction respecting transcripts.

Information note If any document required to be included in the Appeal Record is not available at the time of preparation, it can be appended to the factum, the Extracts of Key Evidence, or the Book of Authorities: subrule 16.19(5).

Factums in criminal appeals 16.16(1) The appellant must file 5 copies of an appellant’s factum that meets the requirements of rule 16.17 [Contents of factums], rule 16.18 [Format of factums] and rule 16.37 [Requirements for all documents].

(2) The appellant’s factum must be filed and served as follows:

(a) for a conviction appeal, before the earlier of

(i) 2 months after the filing of the Appeal Record, and

(ii) 6 months after the filing of the notice of appeal;

(b) for an appeal of sentence only, before the earlier of

(i) 2 months after the filing of the Appeal Record, and

(ii) 4 months after the filing of the notice of appeal;


11 January 1, 2019

(c) for the sentencing part of any appeal as to both conviction and sentence, no later than 3 months after the conviction appeal was dismissed, struck or abandoned.

(3) If the appellant’s factum is not filed and served by the applicable deadline, and an extension is not obtained,

(a) if the appellant is a self-represented appellant and is in custody, the Registrar may refer the appeal to a single appeal judge for directions, and

(b) in all other cases, the appeal will be struck by the Registrar.

(4) The respondent must file and serve 5 copies of a respondent’s factum that meets the requirements of rule 16.17 [Contents of factums], rule 16.18 [Format of factums] and rule 16.37 [Requirements for all documents], or a letter of intention not to file a factum

(a) for any conviction appeal, no later than 2 months after service of the appellant’s factum.

(b) for any sentence appeal, before the earlier of

(i) 1 month after service of the appellant’s factum, and

(ii) 10 days before the opening day of the sitting at which the appeal is to be heard.

(5) A respondent that does not file a factum is not permitted to present oral argument unless the panel of the Court hearing the appeal orders otherwise.

Contents of factums 16.17(1) A factum must include the following: (a) a table of contents, including page numbers;

(b) Part 1 – Facts: in the appellant’s factum, a statement of facts (including, if desired, a concise introductory statement of the legal issues raised), and in the respondent’s factum, its position on the facts as stated by the appellant, and any other facts considered relevant;

(c) Part 2 – Grounds of Appeal: in the appellant’s factum, a concise statement of the grounds for appeal, and in the respondent’s factum, its position in regards to the stated grounds, and any other points that may properly be put in issue;

(d) Part 3 – Standard of Review: a statement on the relevant standard of review;

(e) Part 4 – Argument: a discussion addressing the questions of law or fact raised by the appeal;


12 January 1, 2019

(f) Part 5 – Relief Sought: a statement of the relief sought;

(g) the estimated time required for the oral argument, not exceeding 45 minutes for each separately represented party in the appeal;

(h) Table of Authorities: a list of the legal authorities referred to in the factum,

(i) listing separately each authority, and

(ii) providing any neutral citation assigned to the authority by the court that decided it, and at least one print citation where available;

(i) an Appendix containing extracts from any enactment or rule necessary for the disposition of the appeal, unless they are reproduced elsewhere in the materials to be filed.

(2) A factum in a sentence appeal must include a Sentence Appeal Questionnaire in Form CRA-E immediately following the table of contents

(a) in the appellant’s sentence factum, or

(b) where the appellant is a self-represented appellant and that party’s factum does not include the Sentence Appeal Questionnaire, in the respondent’s sentence factum.

(3) A case management officer may vary the format requirements of or dispense with the preparation of a factum.

Information note Rule 16.37 [Requirements for all documents] contains format requirements for all documents. Rule 16.37(1)(f) permits attaching authorities and Extracts of Key Evidence to the factum if they are not bulky.

Format of factums 16.18(1) Factums must be (a) formatted using at least 12 point font, one-inch margins and at least 1.5

line spacing, except for quotations, and

(b) be printed single-sided and bound together along the right hand edge of the page so that the printed text is to the left of the binding.

(2) Parts 1 to 5 of a factum must not exceed 30 pages in length for each separately represented party or intervenor.

(3) Factums must contain precise references to the location, page numbers and paragraph numbers or lines of the Appeal Record, Extracts of Key Evidence and authorities referred to.


13 January 1, 2019

(4) Each factum must have cardstock covers, front and back, prepared as required by rule 16.37 [Requirements for all documents], in the following colours:

(a) appellants – beige or ivory;

(b) respondents – green;

(c) intervenors – blue.

Other appeal documents 16.19(1) Where needed to resolve the issues in the appeal, each party must file Extracts of Key Evidence (a) containing extracts of the transcripts, exhibits and other material on the

record needed to resolve the issues in the appeal,

(b) excluding any evidence, exhibits and other materials unlikely to be needed, and

(c) not containing any comment, argument, trial briefs, legal authorities or new evidence.

(2) Extracts of Key Evidence must be prepared as required by rule 16.37 [Requirements for all documents] and

(a) have a table of contents at the beginning of every volume, listing separately each document, including each exhibit to any affidavit, and showing the page number where the document can be found;

(b) be numbered sequentially throughout, commencing with

(i) page A1 for the appellant’s Extracts of Key Evidence,

(ii) page R1 for the respondent’s Extracts of Key Evidence, and

(iii) page I1 for the intervenor’s Extracts of Key Evidence;

(c) have cardstock covers, front and back, in the following colours:

(i) appellants – yellow;

(ii) respondents – pink;

(iii) intervenors – blue.

(3) Each party to any appeal shall prepare, if necessary, a Book of Authorities

(a) containing extracts of any enactments or bylaws necessary for deciding the appeal,


14 January 1, 2019

(b) including the headnote and relevant pages (or, only when appropriate, the entirety) of any authority likely to be referred to during oral argument or essential to the disposition of the appeal, and

(c) excluding well-known authorities, authorities of secondary importance and other non-essential authorities not likely to be referred to during oral argument.

(4) Books of Authorities must be prepared as required by rule 16.37 [Requirements for all documents] and

(a) have a comprehensive Table of Authorities as required by subparagraph 16.17(1)(h), reproduced at the beginning of every volume,

(b) separate or identify each authority, by tabs or otherwise, and highlight or otherwise identify in legible form the key passages in the authority to be relied on,

(c) where the authority has been reproduced from an electronic source, contain paragraph or page numbers from an official or printed source, or otherwise identify the various parts of the authority, and

(d) have cardstock covers, front and back, in the same colour as the party’s factum.

(5) If any document required by rule 16.13 [Contents of Appeal Record – conviction appeals] or 16.14 [Contents of Appeal Record – sentence appeals] is not available at the time of preparation of the Appeal Record, a copy must be included in the Extracts of Key Evidence or appended to the factum.

(6) A party preparing Extracts of Key Evidence or Books of Authorities must file 5 copies with the Registrar, when or before filing that party’s factum, and must file and serve one additional copy on every other party to the appeal.

(7) The clerk of a trial court must, on request of the Attorney General or counsel for the Attorney General, supply certified copies of any exhibits or records in the clerk’s possession that are required for an appeal.

(8) On request of the Court, the trial judge must provide a report on any matter related to the case.

Division 4 Scheduling Oral Argument

Scheduling conviction appeals 16.20(1) Subject to any enactment, no later than 20 days after the deadline for the filing of the last factum in any conviction appeal, (a) the parties must contact the Registrar to schedule the oral hearing, and


15 January 1, 2019

(b) the Registrar must, after consulting with the parties, schedule the appeal at a suitable time on the Criminal Appeal Hearing List.

(2) A case management officer may at any time place any conviction appeal on the Unscheduled Criminal Appeals List.

(3) All the parties to each appeal on the Unscheduled Criminal Appeals List must appear at the time scheduled for the calling of the List, and

(a) unless adjourned, appeals on the Unscheduled Criminal Appeals List will be scheduled for oral hearing and placed on the Criminal Appeal Hearing List, or

(b) directions may be given for advancing the appeal.

(4) If the appellant in an appeal referred to in subrule (3) does not appear at the time scheduled for the calling of the List, the appeal may be struck.

Information Note Section 672.72(3) of the Criminal Code provides that appeals from dispositions (after findings of not criminally responsible by reason of mental disorder) are to be expedited. Sections 51(1) and 57(5) of the Extradition Act require that appeals be heard at an early date. The procedure for speaking to the Unscheduled Criminal Appeals List is set out in the Consolidated Practice Directions.

Unscheduled conviction appeals 16.21 If oral argument of a conviction appeal is not scheduled within 9 months of the filing of the notice of appeal, and no extension or direction has been received from a case management officer (a) if the appellant is represented by counsel, the appeal will be struck by

the Registrar, and

(b) if the appellant is a self-represented appellant, the Registrar will schedule the appeal for oral argument.

Scheduling sentence appeals 16.22(1) Subject to the direction of a case management officer, 20 days before the opening day of each scheduled sitting for sentence appeals the Registrar will set down at that sitting every sentence appeal where (a) the appeal record and appellant’s factum have been filed,

(b) the appeal record has been filed in a sentence appeal started by a self-represented appellant,

(c) the appeal record has not been ordered in a sentence appeal started by a self-represented appellant who is in custody, or


16 January 1, 2019

(d) the net sentence is 6 months or less, the appellant is in custody, and judicial interim release has not been granted.

(2) The Registrar must advise any self-represented party of the scheduled date of the sentence appeal.

(3) Unless otherwise ordered, the sentence appeal must proceed in accordance with the deadlines in this Part, notwithstanding that an appeal of the conviction appeal decision or an application for leave to appeal the conviction appeal decision has been filed with the Supreme Court of Canada.

Information Note Sentence appeals are heard every month in Edmonton and Calgary, except in July and August. Parties who wish to schedule matters (such as appeals of sentences of short duration) during the sittings in July should contact a case management officer for advice. A case management officer can defer oral argument on sentence appeals where a self-represented party is awaiting confirmation of Legal Aid coverage, where a self-represented party intends to file a factum, or where other circumstances make the default scheduling rules inappropriate.

Division 5 Applications

Bringing applications 16.23(1) Subject to subrule 16.4(2), the applicant must (a) for an application to a single appeal judge, at least 10 days before the

application is scheduled to be heard file 3 copies of an application and the other material required by subrule (2),

(b) for an application to a panel of the Court, at least 20 days before the application is scheduled to be heard file 5 copies of an application and the other material required by subrule (2), and

(c) within those same times, file and serve one additional copy of the application and other materials on every other party to the appeal.

(2) Subject to rule 16.24 [Application for permission to appeal], the applicant must file and serve

(a) an application in Form CRA-F that must

(i) state briefly the grounds for the application,

(ii) identify the material or evidence intended to be relied on,


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(iii) refer precisely to any applicable provision of an enactment or rule, and

(iv) state the remedy sought,

(b) any accompanying affidavit, if required,

(c) other material to be relied on, even if previously filed, and

(d) a memorandum of argument prepared in compliance with subrule 16.23(4).

(3) The respondent to an application

(a) to a single appeal judge must, at least 5 days before the application is scheduled to be heard, file

(i) 3 copies of a reply memorandum of argument and any accompanying affidavit (if required) and any other materials to be relied on, or

(ii) 3 copies of a letter indicating that no additional materials will be filed by the respondent.

(b) to a panel of the Court must, at least 10 days before the application is scheduled to be heard, file

(i) 5 copies of a reply memorandum of argument and any accompanying affidavit (if required) and any other materials to be relied on, or

(ii) 5 copies of a letter indicating that no additional materials will be filed by the respondent,

and

(c) must within those same times, file and serve one additional copy of those materials on every other party to the appeal.

(4) Memoranda filed on an application must be formatted as required by rule 16.18(1)(a) and

(a) must not be longer than 10 pages on an application for permission to appeal and 5 pages for any other application, and

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

(5) A respondent who fails to respond to an application or who elects not to file a memorandum in response to an application may not present oral argument at the hearing of the application unless the single appeal judge or the panel of the Court otherwise permits.


18 January 1, 2019

(6) Unless otherwise permitted,

(a) subject to paragraph (b), oral argument on an application, including a reply, before a single appeal judge or a panel of the Court may not exceed 15 minutes for each party to the application,

(b) oral argument on an application for permission to appeal, including a reply, may not exceed 30 minutes for each party to the application, and

(c) consolidated applications are to be treated as one application for the purpose of this rule.

Information Note All of the materials should be filed simultaneously, unless the application must be filed first to preserve a time limit. If in urgent matters the applicant wishes to abridge the time limits, a case management officer should be consulted for directions.

Application for permission to appeal 16.24(1) An application for permission to appeal must (a) be in Form CRA-C and comply with rule 16.23 [Bringing

applications],

(b) state the exact questions of law on which permission to appeal is requested, and

(c) include the written or transcribed reasons of the Provincial Court of Alberta and the Court of Queen’s Bench of Alberta.

(2) Subject to any enactment, no appeal lies from an order of a single appeal judge granting or denying permission to appeal.

(3) An application for permission to appeal that has not been heard within 6 months from the date of the filing of the application is deemed to have been abandoned unless a case management officer otherwise directs.

Judicial interim release 16.25(1) An application for judicial interim release may not be brought until (a) a notice of appeal or an application for permission to appeal has been

filed, and

(b) the Appeal Record has been ordered, or counsel undertakes to order the Appeal Record within 10 days of the hearing of the application.

(2) An application for judicial interim release in an appeal against sentence only is deemed to include an application for permission to appeal sentence.


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(3) Unless otherwise ordered, an application for judicial interim release pending appeal must be based on an affidavit of the applicant deposing to any facts relevant and material to the application, which must include:

(a) particulars of the applicant’s criminal record and any pending criminal charges, including any pending criminal charges outside Canada, and

(b) an undertaking to surrender into custody in accordance with the terms of any order granted.

(4) Unless otherwise ordered, an order granting judicial interim release must be in form CRA-G.

(5) An appellant who is granted judicial interim release must diligently prosecute the appeal, must comply strictly with all appeal deadlines, and must keep the Registrar informed of any changes of address or contact information.

(6) If an appellant is granted judicial interim release and the appeal is struck or abandoned a warrant for arrest may issue without further order.

Information Note The affidavit in support of judicial interim release should generally disclose the prior and proposed place of residence and employment of the applicant, and any other information likely to be pertinent to the application.

Application to admit new evidence 16.26(1) An application to admit new evidence must be filed and served prior to the filing of, and prior to the deadline for filing, the applicant’s factum.

(2) In addition to the documents required by subrule 16.23(2), the applicant must file

(a) 5 copies of the proposed new evidence, and

(b) 5 envelopes large enough to contain a copy of the new evidence, marked “New Evidence” and with the appeal number and style of cause.

Application to reconsider a previous decision 16.27 An application to reconsider a previous decision of the Court must be filed and served and must be returnable prior to the filing of, and prior to the deadline for filing, the applicant’s factum.

Application to restore 16.28 An application to restore an appeal that has been struck or an application for permission to appeal that has been deemed abandoned must be filed, served and granted within 6 months after having been struck or deemed abandoned.


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Summary determination of appeals 16.29(1) The Registrar may refer to the Court for summary determination any appeal that (a) does not show a substantial ground of appeal,

(b) appears to be frivolous or vexatious, or

(c) can be determined without a full hearing.

(2) The Registrar may refer to a single appeal judge for summary determination any appeal that does not show a substantial ground of appeal, or that should have been filed with another court.

Division 6 General Rules

Presence at appeals 16.30(1) Subject to subrule (2), an appellant or respondent in custody is entitled to be present at the hearing of the appeal.

(2) An appellant who is in custody and who is represented by counsel is not entitled to be present on the hearing of any appeal on a question of law alone, or any application unless the right to be present is granted by an enactment, or a single appeal judge orders the appellant to be present.

(3) A single appeal judge may order that an appellant or respondent who is entitled to be present at an application or appeal appear instead by means of a telecommunication device, closed-circuit television, or other suitable method of communication.

Information Note Subject to the direction of a single appeal judge, the entitlement of an appellant who is in custody to be present at the hearing of the appeal is specified in section 688 of the Criminal Code.

Duties of counsel 16.31(1) Counsel who are retained to represent a party in a criminal appeal must forthwith advise the Registrar in writing of (a) counsel’s retainer or its termination,

(b) any intention to abandon the appeal, and

(c) any change in whether a party in custody is or is not to be present in court for any application or appeal.

(2) A lawyer of record in a criminal appeal must apply to a single appeal judge, on notice to the client and the Attorney General, for permission to withdraw from


21 January 1, 2019

the record unless a Notice of Change of Representation in Form CRA-H is filed by another lawyer.

(3) A lawyer of record in a criminal appeal who is given permission to withdraw from the record shall within 10 days after permission was granted file with the Registrar and serve on the Attorney General a statement setting out an address for service or the last known address and contact information of the client.

Abandonment of appeals 16.32 An appellant may abandon the appeal by filing and serving a Notice of Abandonment in Form CRA-I.

Restoring criminal appeals 16.33(1) An appeal that has been struck or an application for permission to appeal that has been deemed to have been abandoned may be restored with the filed written consent of the parties, or by order of a single appeal judge granted under rule 16.28 [Application to restore], but no fee is payable for restoring a criminal appeal.

(2) An order or written consent restoring an appeal must set deadlines and directions for the filing of any outstanding materials, and if the appellant fails to comply with any of those deadlines or directions, the appeal is deemed to have been struck again.

New trials 16.34 Unless otherwise ordered, where the Court orders a new trial (a) the presiding judge is deemed to have directed that the person charged

is remanded to appear at the next sitting of the court appealed from that has jurisdiction in the case, and

(b) if the person charged was on judicial interim release at the time of the judgment of the Court, the order for judicial interim release is deemed to be continued until the person charged reappears in the trial court.

Scope of sentence appeals 16.35 In any sentence appeal the Court on its own motion may treat the whole matter of sentence as open to variation, but if the Court intends to vary a sentence pursuant to this rule, notice and an opportunity to be heard must be provided to the parties.

Judgment in appeals 16.36(1) Unless otherwise directed, a formal judgment is not required in a criminal appeal unless an appeal to the Supreme Court of Canada is filed, applied for or contemplated.

(2) Where a judge of the Court dissents from the decision of the Court on a point of law, any judgment of the Court that is prepared must specify the grounds on which the dissent is based.


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(3) Unless otherwise directed, where the Attorney General prepares a formal order or judgment resulting from an application or appeal, and the other party is self-represented, the approval of the other party is not required.

Requirements for all documents 16.37(1) All materials prepared for an appeal must

(a) be succinct, legible and divided into a single series of consecutively numbered paragraphs,

(b) include the names of the parties in a style of cause in Form CRA-J,

(i) as set out in the notice of appeal, unless amended,

(ii) listed in the same order in which they were listed in the style of cause in the court appealed from, and

(iii) showing the status of the party in the appeal and in the court appealed from,

(c) identify the nature of the material, the name of the party filing it, and that party’s status on the appeal,

(d) provide an address for service,

(e) provide the name, address and contact information of the person who prepared the material,

(f) be divided into volumes of approximately 200 pages each, provided that if the Book of Authorities or Extracts of Key Evidence do not exceed 30 pages, they may be included as an appendix to the factum or combined together, and

(g) be 8.5” x 11” in size.

(2) The Appeal Record, factums, Extracts of Key Evidence and Books of Authorities must have a cover page in Form CRA-K that includes the name of the Court, the location of the office of the Registrar of the Court and the appeal number assigned by the Registrar.

Coming Into Force

Coming into force 16.38 These Rules come into force and (a) the Bail Rules – Appellate Division of Alberta, (1972) C Gaz I, 2898-9,

and

(b) the Rules of the Appellate Division of the Supreme Court of Alberta as to Criminal Appeals, SI/77-174, (1977) C Gaz II, 4270


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are repealed on August 1, 2018.

Schedule of Criminal Appeal Forms

CRA-A - Notice of Criminal Appeal - Self-Represented Appellant

CRA-B - Notice of Criminal Appeal

CRA-C - Application for Permission to Appeal

CRA-D - Notice of Variation of Sentence

CRA-E - Sentence Appeal Questionnaire

CRA-F - Application

CRA-G - Order for Judicial Interim Release Pending Appeal

CRA-H - Notice of Change of Representation

CRA-I - Abandonment of Criminal Appeal

CRA-J - Criminal Appeal Style of Cause

CRA-K - Cover Page

Alberta Rules of Court Court of Appeal Criminal Rules Volume 2 Schedule

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Alberta Rules of Court Provincial Court Volume 2 Civil Procedure Regulation

1 January 1, 2019



Provincial Court Act PROVINCIAL COURT CIVIL PROCEDURE REGULATION

Table of Contents

1 Definitions 2 Monetary limit

Part 1 Pleadings

3 Civil claim 4 Time for service of civil claim 5 Dispute note and counterclaim 6 Failure to file dispute note to civil claim 7 Dispute note to counterclaim 8 Failure to file dispute note to counterclaim 9 Third party claim 10 Dispute note to third party claim 11 Failure to file dispute note to third party claim 12 Amendments to pleadings 13 Parties confined to pleadings

Part 2 Scheduling a Pre-trial Conference, Simplified Trial or Trial

14 Resolution tracks 15 Disclosure of records and documents 16 Location of pre-trial conference, simplified trial or trial 17 Change of location 18 Adjournment

Part 3 Payment into Court, Admission of Liability and Withdrawal or Consent Judgment

19 Payment into Court 20 Admission of indebtedness or liability


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21 Withdrawal of claim or consent judgment

Part 4 Electronic Hearing

22 Electronic hearing

Part 5 Binding Judicial Dispute Resolution Proceeding

23 Binding judicial dispute resolution proceeding

Part 6 Applications to the Court

24 Application to the Court 25 Applications without notice 26 How the Court considers applications

Part 7 Witnesses

27 Notice to attend as witness 28 Witness allowance

Part 8 Simplified Trial

29 Court direction 30 Trial statement

Part 9 Failure to Appear at Pre-trial Conference or Trial

31 Failure to appear

Part 10 Judgment

32 Setting aside or varying judgment or dismissal 33 Counterclaim 34 Costs and interest 35 Payment hearings


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36 Filing of judgment at the Court of Queen’s Bench 37 Notice of appeal

Part 11 Costs

38 General rule for payment of litigation costs 39 Litigation expenses recoverable as costs

Part 12 Service

40 Definition of commencement document

Division 1 Service of Commencement Documents

41 Service of commencement documents on individual 42 Service of commencement documents on corporation 43 Service of commencement documents on partnership 44 Service of commencement documents on local authority 45 Service of commencement documents on party providing address

for service

Division 2 Service of Documents Other Than Commencement Documents

46 Service of documents other than commencement documents

Division 3 Proving, Validating or Dispensing with Service, and Substitutional Service

47 Proof of service 48 Validating or dispensing with service 49 Substitutional service

Division 4 Address for Service

50 Address for service

Part 13 Transitional Provisions, Consequential Amendment, Repeal and Coming into Force


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51 Definition 52 Regulation applies to existing proceedings 53 Resolution of difficulty or doubt 54 Time limits 55 New test or criteria 56 Consequential amendment 57 Repeal 58 Coming into force

Schedule

Definitions 1(1) In this Regulation,

(a) “Act” means the Provincial Court Act;

(b) “civil claim” means the document that commences an action under Part 4 of the Act;

(c) “file” means to present a document to a clerk and obtain an acknowledgment from the clerk that the document is part of the Court record;

(d) “prescribed form” means in the form prescribed by the Minister under section 9(2)(h) of the Act;

(e) “trial” includes a simplified trial under Part 8 unless the context requires otherwise.

(2) For the purposes of section 24.2 of the Act, “defend a claim” means file a dispute note, dispute note to counterclaim or dispute note to third party claim, as the case may be.

(3) For the purposes of the Act and this Regulation, “pleading” means a civil claim, dispute note with or without a counterclaim, counterclaim, dispute note to counterclaim, third party claim and dispute note to third party claim.

Monetary limit 2 For the purposes of section 9.6(1)(a)(i) of the Act, $50 000 is prescribed as the amount in respect of which the Court has jurisdiction to hear and adjudicate on any claim or counterclaim referred to in section 9.6(1)(a)(i) of the Act.


5 January 1, 2019

Part 1 Pleadings

Civil claim 3(1) A person may make a claim by filing a civil claim in the prescribed form.

(2) A civil claim must clearly state

(a) the particulars of the plaintiff’s claim,

(b) the remedy sought by the plaintiff, and

(c) the plaintiff’s address for service of documents.

(3) The civil claim and a blank copy of the prescribed form of dispute note shall be served on the defendant by the plaintiff in accordance with Division 1 of Part 12.

(4) A civil claim and a blank copy of the prescribed form of dispute note may be served outside Alberta without an order of the Court.

Time for service of civil claim 4(1) A civil claim shall be served on the defendant within one year after the date that the civil claim is filed unless the Court, on application filed before the one-year time limit expires, grants an extension of time for service.

(2) An extension of time for service under this section shall not exceed 3 months.

(3) If a civil claim is served within an extension of time for service granted under subsection (1), the civil claim that is served must be accompanied with

(a) a copy of the order granting the extension, or

(b) a written notice of the order granting the extension.

(4) If a civil claim is not served on a defendant within the time or extended time for service set out in this section, no further proceedings may be taken in the action against a defendant who was not served in time.

(5) A civil claim served on any defendant within the time or extended time for service set out in this section is not affected by the failure to serve any other defendant in time.


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Dispute note and counterclaim 5(1) A defendant may

(a) satisfy the civil claim, or

(b) defend the civil claim by filing a dispute note in the prescribed form,

(i) if the defendant is served in Alberta, within 20 days from the date of service of the civil claim, or

(ii) if the defendant is served outside Alberta, within 30 days from the date of service of the civil claim.

(2) A dispute note must clearly state

(a) the nature or grounds of the defendant’s defence,

(b) where the claim is disputed in part only, which parts or items are disputed,

(c) where the claim is admitted in part, which parts or items are admitted,

(d) the particulars of the defendant’s claim for set-off, if any,

(e) the particulars of the defendant’s counterclaim, if any, and

(f) the defendant’s address for service of documents.

(3) A defendant may file a dispute note after the expiry of the applicable time in subsection (1) unless the defendant has been noted in default or a default judgment has been entered.

(4) On the filing of a dispute note under this section, the clerk shall send a copy of the dispute note to all parties other than the party who filed the dispute note and any new party added in a counterclaim included in the dispute note.

(5) For the purposes of subsection (4),

(a) a copy of a dispute note may be sent to a party at

(i) the party’s address for service, or

(ii) the party’s last known address, if the party has not yet provided an address for service,

and

(b) despite section 46, the sending of a dispute note to a party in accordance with clause (a) constitutes service of the dispute note and any included counterclaim.


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(6) Where a dispute note includes a counterclaim adding a new party, the defendant shall serve the dispute note and counterclaim, accompanied with a blank copy of the prescribed form of dispute note to counterclaim, on the new party

(a) in accordance with Division 1 of Part 12 as if the dispute note were a commencement document, and

(b) within 30 days after the filing of the dispute note and counterclaim, unless the Court orders otherwise.

(7) Except when the context or this Regulation otherwise provides, a provision that applies to or in respect of

(a) a plaintiff applies equally to or in respect of a plaintiff by counterclaim,

(b) a defendant applies equally to or in respect of a defendant by counterclaim, and

(c) a pleading related to a claim made by a civil claim applies equally to or in respect of a pleading related to a counterclaim.

Failure to file dispute note to civil claim 6(1) If a defendant has not filed a dispute note to the civil claim and the time for doing so under section 5 has expired, on filing proof of service of the civil claim and a blank copy of the prescribed form of dispute note on the defendant, the plaintiff may file

(a) a request to enter default judgment in the prescribed form against the defendant for the full amount of the claim, if the claim is for a debt or liquidated demand, or

(b) a request to note the defendant in default in the prescribed form, if the claim is not for a debt or liquidated demand.

(2) Where a defendant is noted in default under this section, the plaintiff may, without notice to the defendant, apply to the Court for judgment against the defendant, and on proof of the plaintiff’s claim, the Court may do one or more of the following:

(a) enter judgment;

(b) make any necessary order;

(c) direct an assessment of damages, with or without notice to the defendant or other parties;

(d) adjourn the application and order additional evidence to be provided;


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(e) dismiss the civil claim or a part of it;

(f) direct that the civil claim proceed to trial and that notice be served on every other defendant;

(g) make a costs award in favour of the plaintiff.

(3) An application for judgment under subsection (2) may proceed without the attendance of the plaintiff, if the plaintiff has filed an affidavit in the prescribed form in support of the application.

(4) If the Court has directed an assessment of damages under subsection (2)(c) with notice to the defendant or other parties, at least 7 days before the date of the assessment hearing the plaintiff shall serve notice of the time, date and location of the assessment hearing on

(a) the defendant in accordance with Division 1 of Part 12 as if the notice were a commencement document, and

(b) all other parties to the action in accordance with Division 2 of Part 12.

(5) If judgment is entered under this section against some but not all defendants, the plaintiff may continue the claim in respect of any defendant against whom judgment is not entered.

Dispute note to counterclaim 7(1) Despite subsections (2) to (5), a defendant by counterclaim who is not a new party to the action is not required to file a dispute note to counterclaim, unless the Court orders otherwise.

(2) Where a dispute note includes a counterclaim, the defendant by counterclaim shall

(a) satisfy the counterclaim, or

(b) defend the counterclaim by filing a dispute note to counterclaim in the prescribed form.

(3) A dispute note to counterclaim under this section shall be filed

(a) in the case referred to in subsection (2)(b),

(i) within 20 days from the date of service of the dispute note and counterclaim, if the party was served in Alberta, or

(ii) within 30 days from the date of service of the dispute note and counterclaim, if the party was served outside Alberta,

or


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(b) in the case of a dispute note to counterclaim filed under an order referred to in subsection (1), within the time directed by the Court.

(4) A dispute note to counterclaim must clearly state

(a) the nature or grounds of the party’s defence to the counterclaim,

(b) where the counterclaim is disputed in part only, which parts or items are disputed,

(c) where the counterclaim is admitted in part, which parts or items are admitted, and

(d) the party’s address for service of documents.

(5) The clerk shall send a copy of the dispute note to counterclaim to all parties at their addresses for service.

Failure to file dispute note to counterclaim 8(1) If a defendant by counterclaim who is required under section 7 to file a dispute note to counterclaim has failed to do so, the plaintiff by counterclaim may file a request to note the defendant by counterclaim in default in the prescribed form.

(2) If a defendant by counterclaim has been noted in default under subsection (1), no further proceedings may be taken on the counterclaim except with the permission of the Court.

Third party claim 9(1) A defendant or third party defendant may file a third party claim in the prescribed form against another person who

(a) is or might be liable to the party filing the third party claim for all or part of the claim against that party,

(b) is or might be liable to the party filing the third party claim for an independent claim arising out of

(i) a transaction or occurrence or series of transactions or occurrences involved in the action between the plaintiff and the defendant, or

(ii) a related transaction or occurrence or series of related transactions or occurrences,

or

(c) should be bound by a decision respecting an issue between the plaintiff and the defendant.


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(2) A third party claim shall be filed and served by the third party plaintiff on the third party defendant, the plaintiff and the other defendants

(a) within 30 days, or another time permitted by the Court, after the dispute note is filed, and

(b) before judgment is entered against the defendant or the defendant is noted in default.

(3) The third party claim shall be served on the third party defendant in accordance with Division 1 of Part 12, accompanied with

(a) a copy of any filed civil claim,

(b) a copy of any filed dispute note, and

(c) a blank copy of the prescribed form of dispute note to third party claim.

(4) The third party claim shall be served on the plaintiff and defendants other than the third party defendant in accordance with Division 2 of Part 12.

(5) Except when the context or this Regulation otherwise provides, a provision that applies to or in respect of

(a) a plaintiff applies equally to or in respect of a third party plaintiff,

(b) a defendant applies equally to or in respect of a third party defendant, and

(c) a pleading related to a claim made by a civil claim applies equally to or in respect of a pleading related to a third party claim.

Dispute note to third party claim 10(1) A dispute note to third party claim in the prescribed form shall be filed

(a) within 20 days from the date of service of the third party claim, if the third party defendant is served in Alberta, or

(b) within 30 days from the date of service of the third party claim, if the third party defendant is served outside Alberta.

(2) On the filing of a dispute note to third party claim, the clerk shall send a copy of the dispute note to third party claim to all parties at their addresses for service, other than the third party defendant that filed the dispute note to third party claim.


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Failure to file dispute note to third party claim 11(1) If a third party defendant fails to file a dispute note to third party claim under section 10, the third party plaintiff may file a request to note the third party defendant in default in the prescribed form.

(2) If a third party defendant has been noted in default under subsection (1), no further proceedings may be taken on the third party claim except with the permission of the Court.

Amendments to pleadings 12(1) A party may amend the party’s pleadings at any time before the action has been scheduled for a mediation, pre-trial conference, binding judicial dispute resolution proceeding or trial.

(2) After an action is scheduled for a mediation, pre-trial conference, binding judicial dispute resolution proceeding or trial, a party may not amend the party’s pleadings unless

(a) all parties have agreed in writing to the amendment, and this agreement has been filed, or

(b) the party, on application, has obtained the permission of the Court.

(3) If the Court gives permission referred to in subsection (2)(b), the Court shall specify the time period within which the amended pleading shall be filed.

(4) A party who amends a pleading under this section shall file a copy of the amended pleading and shall ensure

(a) the copy is marked “Amended”, and

(b) any changes to the last filed copy of the pleading are identified in the copy.

(5) On the filing of an amended pleading, other than the amended pleadings referred to in subsection (6), the clerk shall send a copy of the amended pleading to all parties who have provided an address for service.

(6) If a party files

(a) an amended civil claim,

(b) an amended third party claim, or

(c) an amended pleading adding a new party,

the party shall serve a copy of the amended pleading on each of the other parties to the action in accordance with Division 1 of Part 12.


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(7) An amended pleading that is required to be served under subsection (6) must be served on each of the other parties

(a) within 10 days after the date on which it is filed,

(b) if the pleading is a civil claim that has not yet been served, within the time or extended time for service of a civil claim set out in section 4, or

(c) if the pleading is a third party claim that has not yet been served, within the time for service of a third party claim set out in section 9(2).

(8) A party who is served with an amended pleading is not required to amend that party’s own pleadings.

Parties confined to pleadings 13 At a trial, unless the Court is satisfied that sufficient cause is shown, and permits otherwise, the parties are confined to the particulars set out in their pleadings.

Part 2 Scheduling a Pre-trial Conference,

Simplified Trial or Trial Resolution tracks 14(1) On the filing of a dispute note under section 5, the Court shall, subject to sections 64.1 and 65 of the Act and having regard to section 36.1 of the Act, direct that the action be set for

(a) a pre-trial conference,

(b) a simplified trial under Part 8, or

(c) a trial.

(2) Notwithstanding that a direction has been made under subsection (1) that an action be set for a simplified trial or a trial, the Court may at any time, on its own motion or an application by a party, direct that the action instead proceed by way of the other proceeding.

(3) The Court may at any time advise the parties to consider participating in a binding judicial dispute resolution proceeding.

(4) If the Court makes a direction under subsection (1), the clerk shall

(a) set the time, date and location of the pre-trial conference, simplified trial or trial, and


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(b) send to all parties at their addresses for service a notice of the time, date and location set for the pre-trial conference, simplified trial or trial.

(5) A proceeding referred to in this section is not invalid by reason only that it was held at a time, date or location other than the time, date or location set out in the notice referred to in subsection (4)(b).

Disclosure of records and documents 15 The parties shall comply with any direction or notice given by the Court to produce records and documents in the possession or power of the parties that relate to the issues in the action.

Location of pre-trial conference, simplified trial or trial 16(1) For the purposes of section 14(4), the clerk shall set the pre-trial conference, simplified trial or trial at the location where the Court holds regular sittings that is closest to the place where

(a) the defendant resided or carried on business at the time that the civil claim was filed, or

(b) the cause of action arose.

(2) Despite subsection (1), the parties may agree to have the pre-trial conference, simplified trial or trial held at a location other than as provided for in subsection (1).

Change of location 17 The Court may, on its own motion or on application by a party, order that a pre-trial conference, simplified trial or trial be held at a time, date or location other than that set out in the notice referred to in section 14(4)(b) or at a location other than that agreed to by the parties under section 16(2).

Adjournment 18 The Court may adjourn a pre-trial conference, simplified trial or trial to another date

(a) on the application of a party, on notice to the other parties,

(b) on the failure of a party to attend,

(c) if insufficient time is allotted to complete the pre-trial conference, simplified trial or trial, or

(d) on the Court’s own motion.


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Part 3 Payment into Court, Admission

of Liability and Withdrawal or Consent Judgment

Payment into Court 19(1) A party may at any time before the date of the trial pay into Court a sum of money to satisfy, as the case may be,

(a) the plaintiff’s claim, including interest and costs, or

(b) the defendant’s counterclaim, including interest and costs.

(2) When a party makes a payment under subsection (1), the clerk shall send to the other party, at that party’s address for service, a notice setting out the date payment was made, and the amount paid in respect of the claim or counterclaim, including interest and costs.

(3) If a party accepts in writing the payment made under subsection (1) in full satisfaction of the claim or counterclaim, including interest and costs, the clerk shall pay the money to that party.

(4) If a party has not accepted payment within 30 days of the sending of the notice referred to in subsection (2) or has refused the payment, the payment into Court is considered to be rejected, and the money shall be returned to the party who paid the money into Court.

(5) If a party proceeds with the claim or counterclaim, as the case may be, after receiving the notice referred to in subsection (2) and is not awarded a sum greater than the amount paid into the Court, that party is liable to the other party for those costs incurred after the payment into Court, unless the Court otherwise orders.

(6) Despite subsection (4), the Court may, at any time, make an order with respect to the disposition of the money paid into Court under subsection (1).

(7) No interest accrues to money paid into Court under subsection (1).

Admission of indebtedness or liability 20(1) A party may admit the party’s indebtedness or liability in whole or in part by including the admission in the dispute note or the dispute note to counterclaim or by filing a notice to that effect.

(2) When a party admits indebtedness or liability in whole under subsection (1), the Court may order that judgment be entered with respect to the claim or counterclaim.


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(3) When a party admits indebtedness or liability in part under subsection (1), the Court may

(a) order that a partial judgment be entered with respect to the claim or counterclaim, as the case may be, in an amount based on the extent of the admission, and

(b) direct a hearing to address the balance of the claim or counterclaim.

Withdrawal of claim or consent judgment 21(1) At any time,

(a) a party may withdraw the party’s claim or counterclaim, as the case may be, by filing a notice to that effect, or

(b) the parties may consent to a judgment being entered.

(2) When a party files a notice under subsection (1)(a), the clerk shall send all other parties a copy of the notice at their addresses for service.

(3) Within 30 days after the notice of the withdrawal of the claim or counterclaim is sent by the clerk to the other parties to the claim or counterclaim, each of the other parties may apply to the Court for costs.

(4) When a consent judgment under subsection (1)(b) is entered, the clerk shall send all other parties a copy of the judgment at their addresses for service.

Part 4 Electronic Hearing

Electronic hearing 22(1) In this section, “electronic hearing” means an application, proceeding or trial conducted, in whole or in part, by electronic means in which all the participants in a hearing and the Court can hear each other, whether or not all or some of the participants and the Court can see each other or are in each other’s presence.

(2) An electronic hearing may be held if

(a) the parties agree and the Court so permits, or

(b) on application, the Court orders an electronic hearing.

(3) The Court may

(a) direct that an application for an electronic hearing be heard by electronic hearing,


16 January 1, 2019

(b) direct that an application, proceeding or trial be heard in whole or in part by electronic hearing,

(c) give directions about arrangements, including any expenses, for the electronic hearing,

(d) give directions about the distribution of records and documents and the practice and procedure for the electronic hearing, or

(e) order that an electronic hearing be completed in person.

(4) The clerk shall participate in an electronic hearing unless the Court directs otherwise.

Part 5 Binding Judicial Dispute Resolution Proceeding

Binding judicial dispute resolution proceeding 23(1) The written agreement of the parties to participate in a binding judicial dispute resolution proceeding under section 64.1 of the Act must include an acknowledgment that

(a) the process is confidential,

(b) no record will be kept of the proceeding,

(c) the judge is not bound by the laws of evidence applicable to judicial proceedings,

(d) the judge may meet privately with a party in order to facilitate settlement,

(e) after hearing from all parties, if the action does not settle, the judge may give a final and binding judgment that may include costs, and

(f) a judgment referred to in clause (e) cannot be appealed.

(2) If, under section 64.1 of the Act, the Court is to conduct a binding judicial dispute resolution proceeding, the clerk shall

(a) set the time, date and location of the binding judicial dispute resolution proceeding, and

(b) send to all parties at their addresses for service a notice of the time, date and location set for the binding judicial dispute resolution proceeding.


17 January 1, 2019

(3) Notwithstanding that an action has been set for a binding judicial dispute resolution proceeding, and despite the written agreement of the parties, at any time before, during or at the conclusion of the binding judicial dispute resolution proceeding, the judge may

(a) give direction regarding the practice or procedure for the binding judicial dispute resolution proceeding,

(b) adjourn the binding judicial dispute resolution proceeding, or

(c) terminate the binding judicial dispute resolution proceeding and direct the parties to a pre-trial conference or trial.

(4) A party shall comply with any direction or notice given by the Court to produce records and documents that are in the party’s possession or power that relate to the issues in the action.

(5) If a party fails to comply with a direction or notice provided under subsection (3)(a) or (4), the judge may

(a) provide further direction to the party who failed to comply, and reschedule the binding judicial dispute resolution proceeding to a future date,

(b) proceed with the binding judicial dispute resolution proceeding and give a final and binding judgment based on the information before the judge, or

(c) terminate the binding judicial dispute resolution proceeding and direct the parties to proceed to a pre-trial conference or trial.

(6) If a party fails to appear at the binding judicial dispute resolution proceeding, the judge may

(a) terminate the binding judicial dispute resolution proceeding and direct the parties to proceed to a pre-trial conference or trial, or

(b) strike out pleadings and enter judgment.

(7) The judge who directs parties to proceed to a trial under this section shall not conduct the trial of the action unless all the parties to the action give their consent for the judge to do so.


18 January 1, 2019

Part 6 Applications to the Court

Application to the Court 24(1) Unless this Regulation or an enactment otherwise provides or the Court otherwise permits, an application to the Court may be filed only during an action or after judgment is entered.

(2) Unless the Court otherwise permits, an application to the Court must

(a) be in the prescribed form,

(b) state briefly the reasons for making the application,

(c) state the remedy claimed or sought, and

(d) be accompanied with an affidavit in the prescribed form in support of the application.

(3) Unless this Regulation or another enactment otherwise provides or the Court otherwise permits, the applicant shall

(a) file the application, the affidavit and any other evidence in support of the application, and

(b) serve the application, affidavit and any other evidence in support of the application on all parties and every other person affected by the application, at least 7 days before the application is scheduled to be heard or considered.

(4) If a respondent to an application intends to rely on an affidavit or other evidence when the application is heard or considered, the respondent shall file an affidavit in the prescribed form or other evidence and serve a copy on the applicant a reasonable time before the date the application is scheduled to be heard or considered.

Applications without notice 25 Despite section 24 or any other provision to the contrary, the applicant is not required to serve the application on a party if

(a) an enactment provides that service of an application is not required,

(b) an enactment permits an application to be made without notice, and the party meets any requirements in the enactment to do so, or

(c) the Court is satisfied that

(i) no notice is necessary, or


19 January 1, 2019

(ii) serving the application might cause undue prejudice to the applicant.

How the Court considers applications 26 The Court may consider an application in one or more of the following ways:

(a) in person, with one, some or all of the parties present;

(b) by means of an electronic hearing if an electronic hearing is permitted under section 22;

(c) by a process involving documents only.

Part 7 Witnesses

Notice to attend as witness 27(1) A party may file a notice to attend as a witness in the prescribed form in respect of a person who may be a witness at a trial.

(2) A party who files a notice to attend as a witness shall serve the person with the notice to attend as a witness, accompanied with the allowance prescribed in section 28,

(a) at least 21 days prior to the trial, or

(b) as directed by the Court.

(3) Unless otherwise directed by the Court, service under subsection (2) shall be effected

(a) by leaving the notice to attend as a witness and the allowance with the person, or

(b) by sending the notice to attend as a witness and the allowance by recorded mail addressed to the person.

(4) Service under this section is effected

(a) under subsection (3)(a), on the date the notice to attend as a witness and the allowance are left with the person, or

(b) under subsection (3)(b), on the date the acknowledgment of receipt is signed by the person to whom it is addressed.

(5) A person served with a notice to attend as a witness and the allowance shall attend the trial in accordance with the terms set out in the notice.


20 January 1, 2019

(6) A notice to attend as a witness has the same effect as a notice to attend given in a proceeding in the Court of Queen’s Bench and is enforceable in the same manner.

Witness allowance 28(1) Unless the Court orders otherwise, the allowance payable to a person who attends a trial as a witness is prescribed as the allowance determined in accordance with the Schedule.

(2) If an amount payable under this section is disputed or uncertain, the amount may be estimated and may be adjusted by the Court after completion of the attendance.

Part 8 Simplified Trial

Court direction 29 If the Court has directed an action to be heard by way of a simplified trial, the Court may provide further directions in accordance with section 36.1 of the Act in the notice sent to the parties under section 14.

Trial statement 30(1) If an action has been directed to be heard by way of a simplified trial, each party shall file a trial statement in the prescribed form and serve the trial statement on each of the other parties.

(2) A trial statement must include or attach

(a) a summary of the facts and evidence the party intends to present to the Court at the simplified trial,

(b) the amount the party is claiming, disputing or counterclaiming, and, if applicable, how that amount is calculated,

(c) a list of witnesses intended to provide evidence at the simplified trial, and a summary of the evidence the party believes each witness will provide,

(d) copies of all relevant documents and records,

(e) an acknowledgment by the party that the party

(i) is aware of the date of the simplified trial and is ready to proceed,

(ii) will provide all relevant documents and records to the other parties in accordance with subsection (4),


21 January 1, 2019

(iii) has read the notice of simplified trial,

(iv) knows the scheduled length of the simplified trial and that the party is expected to present the party’s case in no more than half of the scheduled time, and

(v) may attempt to settle the action with the other parties before the simplified trial,

and

(f) a certification by the party of the accuracy of the trial statement.

(3) Each party shall file a trial statement at least 14 days before the date set for the simplified trial.

(4) Each party shall serve a copy of the filed trial statement on each of the other parties in accordance with Division 2 of Part 12 at least 7 days before the date set for the simplified trial.

(5) If a party fails to file and serve a trial statement in accordance with subsections (3) and (4), the Court may award costs to the other parties and may

(a) strike that party’s pleadings and enter judgment,

(b) adjourn the simplified trial, or

(c) proceed in the absence of the trial statement.

Part 9 Failure to Appear at Pre-trial

Conference or Trial Failure to appear 31(1) If a defendant fails to appear on the date set for a pre-trial conference or a trial in respect of a claim or counterclaim, the Court may

(a) where the claim is for a debt or liquidated demand, enter judgment on the claim,

(b) where the claim requires the assessment of damages, proceed to assess the damages or adjourn the action to a subsequent date for assessment of damages,

(c) where the claim is for a remedy, other than a remedy referred to in clause (a) or (b), that is within the jurisdiction of the Court, grant the remedy to the extent that the Court considers appropriate in the circumstances, or adjourn the action to a subsequent date for the determination and granting of the remedy, or


22 January 1, 2019

(d) dismiss the counterclaim of the defendant.

(2) If a plaintiff fails to appear on the date set for a pre-trial conference or trial in respect of a claim or counterclaim, the Court may

(a) dismiss the claim of the plaintiff,

(b) where the counterclaim is for a debt or liquidated demand, enter judgment on the counterclaim,

(c) where the counterclaim requires the assessment of damages, proceed to assess the damages or adjourn the action to a subsequent date for assessment of damages, or

(d) where the counterclaim is for a remedy, other than a remedy referred to in clause (b) or (c), that is within the jurisdiction of the Court, grant the remedy to the extent that the Court considers appropriate in the circumstances, or adjourn the action to a subsequent date for the determination and granting of the remedy.

Part 10 Judgment

Setting aside or varying judgment or dismissal 32(1) The Court may, on any terms it considers proper, set aside or vary

(a) a noting in default under section 6, 8 or 11,

(b) a judgment on a claim or counterclaim entered under section 6, 23, 30 or 31, or

(c) a dismissal of a claim or counterclaim under section 31.

(2) The person in whose favour an order under subsection (1) is made may file a certified copy of the order in the Court of Queen’s Bench, and once the certified copy of the order is filed,

(a) the judgment or the dismissal referred to in subsection (1), as the case may be, is set aside or varied, as the order provides, and

(b) any enforcement proceeding taken or garnishee summons issued pursuant to the judgment is stayed subject to the order of the Court of Queen’s Bench.

Counterclaim 33(1) Subject to this section, a counterclaim may, to the extent it is established, be applied in satisfaction of a plaintiff’s claim established by the Court.


23 January 1, 2019

(2) If a counterclaim is established that

(a) exceeds the amount of the plaintiff’s established claim, the Court may enter judgment in favour of the defendant in the amount of the difference, or

(b) is less than the amount of the plaintiff’s established claim, the Court may enter judgment in favour of the plaintiff in the amount of the difference.

(3) In the event that both a claim and a counterclaim are established, the Court may, if it awards costs for and against both the plaintiff and the defendant, make an order for a net amount of costs in favour of the party entitled to them.

Costs and interest 34 Where judgment is entered under Part 4 of the Act, the judgment amount includes costs and prejudgment interest.

Payment hearings 35 Unless the Court proceeds on its own motion, a payment hearing under section 44.2 of the Act shall be

(a) on an application in the prescribed form, accompanied with an affidavit in the prescribed form that includes evidence of the applicant’s income, expenses, assets and liabilities, and

(b) on notice to the party in whose favour judgment has been entered.

Filing of judgment at the Court of Queen’s Bench 36 Any judgment under Part 4 of the Act that is to be filed with the Court of Queen’s Bench shall be filed at the judicial centre that is, by road, closest to the court at which the judgment was entered.

Notice of appeal 37 Where a judgment is to be appealed under section 46 of the Act, the notice of appeal shall be filed with the Court of Queen’s Bench at the judicial centre that is, by road, closest to the court at which the judgment was entered.

Part 11 Costs

General rule for payment of litigation costs 38 A successful party to an application, proceeding or action is entitled to a costs award as against the unsuccessful party, subject to


24 January 1, 2019

(a) the Court’s general discretion under section 37.1 of the Act, and

(b) provisions in this Regulation or any other enactment governing who is to pay costs in particular circumstances.

Litigation expenses recoverable as costs 39(1) The litigation expenses recoverable as costs between the parties are as follows:

(a) for fees paid to the clerk under section 1(a) to (d) of the Provincial Court Fees Regulation (AR 18/91), the amount of the fees actually paid;

(b) for service of a civil claim

(i) by a private process server, the actual cost, for all activities necessary for effecting service, including

(A) searches of any registry maintained by the Government of Canada, the Government of Alberta or a local authority,

(B) service attempts by the process server, and

(C) travel by private vehicle, in accordance with any directive issued by the Treasury Board respecting travel, meal and hospitality expenses, as though the private process server were an employee as defined in the Public Service Act,

(ii) by a method of mailing as designated in the Provincial Court Act or this Regulation, the actual cost, and

(iii) by a method directed by the Court, the amount as fixed by the Court;

(c) for the search of any registry maintained by the Government of Canada, the Government of Alberta or a local authority, the actual cost of the search;

(d) for the preparation by an expert witness of an expert witness’s report, or for the preparation by an expert witness for a trial, and for the expert witness’s attendance at the trial, the amount as fixed by the Court;

(e) for the attendance of a witness at a trial, the amount of the allowance prescribed under section 28 actually paid or reimbursed, as the case may be, to the witness to travel to, attend at and return from the location of the trial;


25 January 1, 2019

(f) for a default judgment entered under section 6, the amounts set out in clauses (a) to (c).

(2) Despite subsection (1)(d) and (e), the Court may, in its discretion, reduce or disallow the costs claimed for a witness if the Court is of the opinion that

(a) the witness did not present evidence that advanced the claim or defence, or

(b) a proposed expert witness

(i) was not qualified by the Court as an expert witness, or

(ii) gave opinion evidence that duplicated opinion evidence given by another expert witness at the hearing.

(3) The Court may, in its discretion, award costs for additional classes of litigation expenses not specified in subsection (1).

Part 12 Service

Definition of commencement document 40 In this Part, “commencement document” means a civil claim, a counterclaim in which a new party is added, a third party claim, and any of these documents as amended.

Division 1 Service of Commencement Documents

Service of commencement documents on individual 41(1) Service of a commencement document on an individual may be made

(a) by leaving a copy with the individual,

(b) by leaving a copy for the individual at the individual’s most usual place of residence with someone residing at the residence who is apparently 16 years of age or older,

(c) by sending a copy by recorded mail addressed to the individual, or

(d) as directed by the Court.


(a) under subsection (1)(a), on the date that the commencement document is left with the individual,


26 January 1, 2019

(b) under subsection (1)(b), on the date that the commencement document is left with an individual at the residence,

(c) under subsection (1)(c), on the date that the acknowledgment of receipt is signed by the individual to whom the document is addressed, or by another individual on behalf of the individual to whom the document is addressed, or

(d) under subsection (1)(d), on the date specified in the order.

Service of commencement documents on corporation 42(1) Service of a commencement document on a corporation, other than a local authority, may be made

(a) by serving it, using a method of service set out in section 41(1), on a director of the corporation,

(b) by serving it, using a method of service set out in section 41(1), on an individual who appears to have management or control responsibilities in respect of the corporation at its principal place of business or activity in Alberta, or at its place of business or activity in Alberta where the claim arose,

(c) by leaving it at or sending it by recorded mail to the registered office of the corporation, or

(d) if the corporation is an extra-provincial corporation, by serving it in accordance with section 288(7) of the Business Corporations Act.


(a) if the document is served in accordance with subsection (1)(a) or (b), on the applicable date provided for in section 41(2),

(b) if the document is left at the registered office of the corporation, on the date the document is left,

(c) if the document is sent by recorded mail to the registered office of the corporation, on the date the acknowledgment of receipt is signed, or

(d) if the document is served in accordance with subsection (1)(d), on the date the document is delivered or is deemed to be received under section 288(7) or (8) of the Business Corporations Act, as applicable.


27 January 1, 2019

Service of commencement documents on partnership 43(1) Service of a commencement document on a partnership may be made by serving it on one of the partners of the partnership, using a method of service set out in section 41(1) or section 42(1), as applicable.


(a) if the document is served using a method of service set out in section 41(1), on the applicable date provided for in section 41(2), or

(b) if the document is served using a method of service set out in section 42(1), on the applicable date provided for in section 42(2).

Service of commencement documents on local authority 44(1) Service of a commencement document on a local authority may be made by serving it on

(a) the chief elected official or chief administrative officer,

(b) in the case of an improvement district, the Minister responsible for the Municipal Government Act,

(c) in the case of a special area, the Minister responsible for the Special Areas Act, or

(d) in the case of a Metis settlement, the settlement chair or settlement administrator,

using a method of service set out in section 41(1).

(2) Service under this section is effected on the date provided for in section 41(2).

Service of commencement documents on party providing address for service 45(1) Where a party has provided an address for service on a document filed in the action, a commencement document may be served

(a) by leaving a copy, addressed to the party, at that address, or

(b) by sending a copy by recorded mail, addressed to the party at that address.

(2) Service is effected under subsection (1)

(a) if the document is left at the address, on the date it is left, or


28 January 1, 2019

(b) if the document is sent by recorded mail, on the date the acknowledgment of receipt is signed.

Division 2 Service of Documents Other Than

Commencement Documents

Service of documents other than commencement documents 46(1) Service of a document, other than a commencement document, on a party may be made

(a) by any method set out in Division 1, as applicable,

(b) by leaving a copy, addressed to the party, at the address for service provided in the most recently filed document in the action,

(c) by sending a copy to the party by ordinary mail addressed to the party at the address for service provided in the most recently filed document in the action, or

(d) by an electronic method, if

(i) the party has provided an electronic address as an address for service to which information or data in respect of an action may be transmitted, and

(ii) the document is sent to the party at the specified address and in a format that is usable for subsequent reference.

(2) Service is effected

(a) under subsection (1)(a) on the applicable date provided for in Division 1,

(b) under subsection (1)(b) on the date the document is left at the party’s address for service,

(c) under subsection (1)(c)

(i) 7 days after the date on which the mail is sent to an address in Alberta, or

(ii) 14 days after the date on which the mail is sent to an address outside Alberta,

or

(d) under subsection (1)(d)


29 January 1, 2019

(i) on the date confirmation is received or obtained that the transmission to the address for service of the party to be served was successfully completed, or

(ii) if no confirmation referred to in subclause (i) is received or obtained, on the date the document was sent by the electronic method, unless there are reasonable grounds for believing that the party did not receive the document at that time.

Division 3 Proving, Validating or Dispensing with

Service, and Substitutional Service

Proof of service 47(1) Service of a document may be proved

(a) by an affidavit of service proving the service, or

(b) by the oral testimony of the person serving it.

(2) In the case of service by recorded mail, the affidavit of service must attach as an exhibit the acknowledgment of receipt of that mail signed

(a) by the person to be served, or

(b) by the person who signed the acknowledgment of receipt on behalf of the person to be served.

(3) In the case of service on a corporation, the affidavit of service must attach as an exhibit

(a) a corporate registry search result for the corporation, and

(b) if service is effected by recorded mail, the acknowledgment of receipt signed on behalf of the corporation.

(4) In the case of service by electronic method, the affidavit of service must attach as an exhibit

(a) a copy of the transmission sent to the address for service of the party to be served, and

(b) a copy of the confirmation received or obtained that the transmission to the address for service of the party to be served was successfully completed, if available.


30 January 1, 2019

Validating or dispensing with service 48(1) Notwithstanding that service of a document does not comply with this Part, the Court may, on application, if it is satisfied that the document has come or is likely to have come to the attention of the party being served, deem the service to be valid.

(2) On application, the Court may shorten the applicable time for service of any document if satisfied that sufficient cause is shown.

(3) On application, the Court may dispense with service of any document if satisfied that sufficient cause is shown.

Substitutional service 49(1) If service of a document, inside or outside Alberta, in accordance with other provisions in this Part is impractical, the Court may, on application, make an order for substitutional service.

(2) The application must be supported by an affidavit

(a) setting out why service in accordance with other provisions in this Part is impractical,

(b) proposing an alternative method of service, and

(c) stating why the alternative method of service is likely to bring the document to the attention of the person to be served.

(3) Unless otherwise ordered, an order for substitutional service of a document shall be served with the document except where substitutional service is by advertisement, in which case the advertisement must contain a reference to the order.

(4) If a document is served in accordance with an order for substitutional service, service is effected on the date specified in the order.

Division 4 Address for Service

Address for service 50(1) On each document that is filed, the party filing the document shall provide that party’s address for service of documents.

(2) A party shall

(a) notify the Court in writing of any change to the party’s address for service, and


31 January 1, 2019

(b) send a copy of the written notification to all other parties at their address for service.

Part 13 Transitional Provisions, Consequential

Amendment, Repeal and Coming into Force Definition 51 In this Part, “existing proceeding” means a court proceeding under Part 4 of the Provincial Court Act commenced but not concluded before the coming into force of this Regulation.

Regulation applies to existing proceedings 52(1) Except as otherwise provided by this Part or by an order under section 53, this Regulation applies to every existing proceeding.

(2) Every order or judgment made in an existing proceeding before the coming into force of this Regulation and everything done in the course of an existing proceeding is to be considered to have been done under this Regulation and has the same effect under this Regulation as it had before the coming into force of this Regulation.

Resolution of difficulty or doubt 53 If there is doubt about the application or operation of this Regulation to an existing proceeding or if any difficulty, injustice or impossibility arises as a result of this Part, a party may apply to the Court for directions or an order, or the Court may make an order, with respect to any matter it considers appropriate in the circumstances, including:

(a) suspending the operation of any provision and substituting one or more provisions that were in effect before the coming into force of this Regulation, with or without modification, for particular purposes or proceedings or any aspect of them;

(b) modifying the application or operation of this Regulation in particular circumstances or for particular purposes.

Time limits 54(1) Where under this Regulation a time limit is provided for doing anything, other than the serving of a notice or other document in advance of some event, that is longer than the time limit that applied before the coming into force of this Regulation, the time limit provided in this Regulation prevails, despite that the action or proceeding to which the time limit applies was commenced before the coming into force of this Regulation.


32 January 1, 2019

(2) Where under this Regulation a time limit is provided for doing anything, other than the serving of a notice or other document in advance of some event, that is shorter than the time limit that applied before the coming into force of this Regulation, a person who commenced the action or proceeding must comply with

(a) the time limit that applied before the coming into force of this Regulation, or

(b) the time limit under this Regulation, calculated from the date on which this Regulation comes into force,

whichever occurs first.

(3) Where this Regulation imposes a time limit for doing anything for which no time limit was provided before the coming into force of this Regulation, and on the coming into force of this Regulation the thing has not yet been done, the time limit under this Regulation applies to the doing of that thing and is calculated from the date on which this Regulation comes into force.

(4) Where the time limit provided by this Regulation for doing anything runs from a different event than the equivalent time limit that applied before the coming into force of this Regulation, and on the coming into force of this Regulation the thing has not yet been done, the time limit provided by this Regulation applies, calculated either

(a) from the event specified in this Regulation, or

(b) from the coming into force of this Regulation,

whichever occurs later.

(5) Service of a document or notice that was effected before the coming into force of this Regulation remains valid despite any change to the relevant time limit imposed as a result of the coming into force of this Regulation.

New test or criteria 55 Where this Regulation imposes a new test, provides new criteria or provides an additional ground for making an application in an existing proceeding, this Regulation applies in respect of the application if the application was made but has not been heard prior to the coming into force of this Regulation.

Consequential amendment 56 The Provincial Court Fees and Costs Regulation (AR 18/91) is amended

(a) by repealing the title and substituting the following:

PROVINCIAL COURT FEES REGULATION


33 January 1, 2019

(b) by repealing sections 1.2 and 2. AR 176/2018 s56;205/2018

Repeal 57 The Provincial Court Civil Division Regulation (AR 329/89) is repealed.

Coming into force 58 This Regulation comes into force on the coming into force of section 6(2), (3), (4)(a)(i) to (iv), (vi) and (vii), (b) and (c) and (5) to (17) of the Statutes Amendment Act, 2015.

Schedule Witness Allowance

(Section 28)

1 The allowance payable to a person who is served a notice to attend as a witness at a trial, except a person paid in accordance with section 5 of this Schedule, for each day or part of a day necessarily spent by the witness in travelling to, staying as long as is reasonably necessary to give evidence at and travelling back from the location of the trial, is $25.

2 The allowance payable to a person for travel to attend as a witness at, and return from, the location of the trial is

(a) for travel by private vehicle, the business kilometre rate for private vehicles for each kilometre necessarily travelled, and for parking charges, in accordance with any directive issued by the Treasury Board respecting travel, meal and hospitality expenses, as though the person were an employee as defined in the Public Service Act,

(b) for travel by train, bus or other public ground transportation, the reasonable fare for that travel, and

(c) for travel by a regularly scheduled air carrier of a required distance of over 200 kilometres, the reasonable airfare for that travel.

3 If a person who attends a trial as a witness does not reside within reasonable commuting distance of the place of the trial, the allowance payable is the amount paid for accommodation in accordance with any directive issued by the Treasury Board respecting travel, meal and hospitality expenses, as though the person were an employee as defined in the Public Service Act.

4 The allowance payable to a person who attends a trial as a witness for necessary meals is an amount in accordance with any directive issued by the Treasury Board respecting travel, meal and hospitality expenses, as though the person were an employee as defined in the Public Service Act.


34 January 1, 2019

5 If a witness is not a party to the action and is called to give evidence as an expert witness, for each day or part of a day necessarily spent by the expert witness in travelling to, staying as long as required to give evidence, and travelling back from the location of the trial, the witness, except a witness paid in accordance with section 1 of this Schedule, is entitled to

(a) an allowance of $50, and

(b) the allowance that a witness is entitled to under sections 2, 3 and 4 of this Schedule.

Alberta Rules of Court Provincial Court Volume 2 Civil Forms Regulation

1 January 1, 2019

(no amdt)


Provincial Court Act

PROVINCIAL COURT CIVIL FORMS REGULATION

Form of documents 1(1) A civil claim must be in Form 1 of the Schedule.

(2) A dispute note must be in Form 2 of the Schedule.

(3) A request to note in default must be in Form 3 of the Schedule.

(4) A request for default judgment must be in Form 4 of the Schedule.

(5) A dispute note to counterclaim must be in Form 5 of the Schedule.

(6) A third party claim must be in Form 6 of the Schedule.

(7) A dispute note to third party claim must be in Form 7 of the Schedule.

(8) An application must be in Form 8 of the Schedule.

(9) An affidavit must be in Form 9 of the Schedule.

(10) A notice to attend as a witness must be in Form 10 of the Schedule.

(11) A trial statement must be in Form 11 of the Schedule.

Repeal 2 The Provincial Court Civil Claims Forms Regulation (AR 55/2001) is repealed.

Coming into force 3 This Regulation comes into force on the coming into force of section 6(2), (3), (4)(a)(i) to (iv), (vi) and (vii), (b) and (c) and (5) to (17) of the Statutes Amendment Act, 2015.


2 January 1, 2019

Schedule

Form 1 (Section 3 of the Provincial Court

Civil Procedure Regulation) Clerk’s stamp

ACTION NUMBER PROVINCIAL COURT OF ALBERTA (CIVIL) COURT LOCATION PLAINTIFF(S) DEFENDANT(S) DOCUMENT CIVIL CLAIM

NOTICE TO DEFENDANT(S):

You are being sued. You are a defendant. Failure to respond to this civil claim may result in a judgment being entered against you. Go to the end of this document to see what you can do and when you must do it.

The claim arose at ________________(City/Town), Alberta on or about ________________, 20__.

1 The plaintiff(s) claims from the defendant(s): (check applicable box(es))

□ $_________ (amount claimed, not including interest or costs)

□ Interest from the date the claim arose to the date of judgment pursuant to: (check applicable box(es))

□ an agreement between the plaintiff(s) and the defendant(s) at the rate of______% per year

□ the Judgment Interest Act

□ other (describe the basis for and amount of your interest claim):

□ Costs

□ filing fees, costs for service of the claim and any steps taken up to judgment

□ other (describe the basis for and amount of any other costs you are requesting): ______________________________________


3 January 1, 2019

□ Other (describe any other relief you are requesting): __________________________________________________

2 Abandonment of excess portion of claim (check the following box only if you are abandoning any claim that exceeds the financial jurisdiction of this Court)

□ I abandon that part of the civil claim that exceeds the financial jurisdiction of this Court. I understand and agree that I cannot recover in this Court or any other court the part of my civil claim that is abandoned.

3 I will be calling (number) witness(es) at the trial of this matter, including myself.

4 Parties’ Contact Information

Plaintiff(s) (provide the following information for each plaintiff)

Last name, or name of company (corporation or business/trade name)

18 years old or over? □ Yes □ No □ n/a

First name

Second name

Address for service (building, street, apt., unit, P.O. Box number)

City/Town

Province Postal Code

Daytime Phone No. ( )

Cellular Phone No. ( )

Fax No. ( )

E-mail address

Represented by:

□ Lawyer □ Student-at-law □ Agent □ Self

Name of Lawyer/ Student-at-law/Agent (if any)

Firm Name (if any)

Defendant(s) (provide the following information for each defendant)



First name

Second name

Address of most usual place of residence, or registered office or place of business (building, street, apt., unit, P.O. Box number) City/Town



4 January 1, 2019



Fax No. ( )

E-mail address

5 Reasons for Claim

The reasons for the claim by the plaintiff(s) are: (Briefly describe the reasons for your claim against the defendant(s). Describe what happened, where and when it happened, who was involved, and how you arrive at the amount claimed.) ____________________________________________________________

NOTICE TO DEFENDANT(S):

You have only a short time to respond to this civil claim:

20 days if you are served in Alberta 30 days if you are served outside Alberta

You must either:

1 Settle the claim directly with the plaintiff.

- or -

2 Pay the amount plus interest and costs as claimed in the civil claim to the Provincial Court office by cash, certified cheque, money order or debit card (if available) only. A Court appearance may not be necessary if you choose this option.

- or -

3 Dispute the civil claim within the applicable time limit set out above, by doing the following:

(a) Complete a dispute note (which may include a counterclaim) giving your reasons for disputing the civil claim. If there are parts of the civil claim you agree with, check the applicable box in section 2 in the dispute note.

(b) File the dispute note and pay the applicable filing fee either in person at any Provincial Court office, or by mail to the Provincial Court location shown on the civil claim. The Provincial Court must receive a dispute note and the applicable filing fee within the time limit set out above.


5 January 1, 2019

WARNING:

If you do not pay the civil claim or file a dispute note within the time limit set out above, the plaintiff(s) may obtain a judgment against you.

Forms and self-help materials are available at any Provincial Court location and on the Alberta Courts website at: https://www.albertacourts.ca/provincial-court/civil



ACTION NUMBER PROVINCIAL COURT OF ALBERTA (CIVIL) COURT LOCATION PLAINTIFF(S) DEFENDANT(S)

DOCUMENT DISPUTE NOTE (check the applicable box) □ without counterclaim □ with counterclaim □ with counterclaim adding the

following new party(parties): _________________________


Document filed on behalf of the following party(parties) (defendant(s)):


Address for service (building, street, apt., unit, P.O. Box number) City/Town




Fax No. for service ( )

E-mail address for service

Represented by:


6 January 1, 2019


Firm Name (if any) □ Lawyer □ Student-at-law □ Agent □ Self

NOTICE TO PLAINTIFF(S):

This document may contain a counterclaim. If so, you are a “defendant by counterclaim”. Failure to respond to a counterclaim may result in a judgment being entered against you. Go to the end of this document to see what you can do and when you must do it.

1 I dispute the civil claim for the following reasons: (Explain which parts of the civil claim you do not agree with and why. Simply stating that you cannot afford to pay the claim is not a valid defence.)

2 I admit the following parts of the civil claim:

3 Regarding the amount claimed in the civil claim: (check the applicable box if you agree to pay all or a part of the civil claim)

□ I agree I owe the entire amount claimed in the civil claim.

□ I agree I owe $_____, which is a part of the amount claimed in the civil claim but I do not agree with the remaining amount claimed.

□ I do not agree with the amount claimed.

4 I will be calling (number) witness(es) at the trial of this matter, including myself.

DEFENDANT’S COUNTERCLAIM OR CLAIM FOR SET-OFF

(Complete the section below only if you are making a counterclaim or a claim for set-off against the plaintiff(s). If you file a counterclaim, you become a “plaintiff by counterclaim”.

A counterclaim is not required if you are seeking only costs for time and expenses to dispute the plaintiff’s claim. Costs may be addressed with the Court at the conclusion of the matter.)


7 January 1, 2019

5 The defendant(s) counterclaim(s) or claim(s) a set-off from the plaintiff(s) in the amount of $_____________, not including interest and costs, for the following reasons:

6 The defendant(s) also claims:

□ Interest from the date the counterclaim arose to the date of judgment pursuant to: (check applicable box(es))

□ an agreement between the plaintiff(s) and the defendants at the rate of ___% per year

□ the Judgment Interest Act

□ other (describe the basis for and amount of your interest claim):

□ Costs (check applicable box(es))

□ filing fee, service of the claim and any steps taken up to judgment

□ other (describe the basis for and amount of any other costs you are requesting):

7 Abandonment of excess portion of counterclaim (check the following box only if you are abandoning any part of the counterclaim that

exceeds the financial jurisdiction of this Court)

□ I abandon that part of the counterclaim that exceeds the financial jurisdiction of this Court. I understand and agree that I cannot recover in this Court or any other court the part of my counterclaim that is abandoned.

Do not attach any additional material or evidence to this dispute note to counterclaim.

NOTICE TO DEFENDANT(S) BY COUNTERCLAIM:

If you have been served this dispute note and it includes a counterclaim that has added you as a new party to the action, you have only a short time to respond to this counterclaim:



8 January 1, 2019

You must either:

1 Settle the counterclaim directly with the plaintiff by counterclaim.

- or -

2 Pay the amount plus interest and costs as claimed in the counterclaim to the Provincial Court office by cash, certified cheque, money order or debit card (if available) only.

- or -

3 Dispute the counterclaim within the time limit set out above, by doing the following:

(a) Complete a dispute note to counterclaim giving your reasons for disputing the counterclaim. If there are parts of the counterclaim you agree with, fill out paragraph 2 in the dispute note to counterclaim.

(b) File the dispute note to counterclaim and pay the applicable filing fee either in person at any Provincial Court office, or by mail to the Provincial Court location shown on the dispute note. The Provincial Court must receive a dispute note to counterclaim and the applicable filing fee within the time limit set out above.

WARNING:

If you fail to do one of the options listed above, or are late in doing so, the plaintiff by counterclaim may request to note you in default and apply to the Court for judgment against you in the amount set out in their counterclaim.

If you are an existing party to the action and have received this dispute note and it includes a counterclaim, you may respond to the counterclaim by completing one of the options listed above, but you are not required to do so.



9 January 1, 2019

Form 3 (Section 6, 8 or 11 of the Provincial Court



DOCUMENT REQUEST TO NOTE IN DEFAULT


Document filed on behalf of the following party(parties):

□ Plaintiff □ Defendant







Represented by:



Firm Name (if any)

1 As no dispute note has been filed, the time for doing so has expired and proof of service has been filed with the Court, (name of party) requests the Clerk of the Court to note the following party(parties) in default (check applicable box(es) and provide name(s)): □ defendant(s) (name)

□ defendant(s) by counterclaim (name)

□ third party defendant(s) (name)


10 January 1, 2019

2 (Complete this section only if you are asking to note a defendant in default — not a defendant by counterclaim or a third party defendant) The party filing this document requests, in respect of the defendant(s) noted in default, that: (check the applicable box)

□ a hearing date be set to assess the damages

□ a judgment be entered based on the supporting affidavit

without further notice to the above named defendant(s).

NOTICE TO PARTY FILING THIS DOCUMENT: If you have requested a noting in default on a counterclaim or third party claim, no further steps may be taken to obtain judgment without the permission of the Court.

For office use only This matter is set for a hearing to assess the damages on: ____________, 20___, at ___________ □ a.m. □ p.m. in Courtroom # _______________________.




DOCUMENT REQUEST FOR DEFAULT JUDGMENT



11 January 1, 2019









Represented by:



Firm Name (if any)

1 As no dispute note has been filed, the time for doing so has expired and proof of service of the civil claim has been filed with the Court, the plaintiff(s) requests the Clerk of the Court to enter default judgment against the defendant(s) (name of defendant(s)) in the following amount:

(A) AMOUNT CLAIMED (not including interest or costs) $_________

Less payments made since date claim was filed - $_________

(TOTAL A) = $

(B) INTEREST (attach your calculation of interest) (TOTAL B) = $

(C) COSTS (attach your calculation of costs) (TOTAL C) = $

(D) TOTAL JUDGMENT OF (A+B+C) = $


12 January 1, 2019




DOCUMENT DISPUTE NOTE TO COUNTERCLAIM










Represented by:



Firm Name (if any)

1 I dispute the counterclaim for the following reasons: (Explain which parts of the counterclaim you do not agree with and why. Simply stating that you cannot afford to pay the counterclaim is not a valid defence.) _____________________________________________________

2 I admit the following parts of the counterclaim: _____________________________________________________

3 Regarding the amount claimed in the counterclaim (check applicable box if you agree to pay all or a part of the counterclaim):

□ I agree I owe the entire amount claimed in the counterclaim.


13 January 1, 2019

□ I agree I owe $_________, which is a part of the amount claimed in the counterclaim, but I do not agree with the remaining amount claimed in the counterclaim.

□ I do not agree with the amounts claimed.

Do not attach any additional material or evidence to this dispute note to counterclaim.



ACTION NUMBER PROVINCIAL COURT OF ALBERTA (CIVIL) COURT LOCATION PLAINTIFF(S) DEFENDANT(S) THIRD PARTY DEFENDANT(S)

DOCUMENT THIRD PARTY CLAIM


Document filed on behalf of the following party(parties) (this defendant):








Represented by:



Firm Name (if any)


14 January 1, 2019

NOTICE TO THIRD PARTY DEFENDANT(S): This third party claim is made against you. You are a third party defendant. Failure to respond may result in a judgment being entered against you. Go to the end of this document to see what you can do and when you must do it.

1 Contact Information for Third Party Defendant(s) (provide the following information for each third party defendant)



First name

Second name

Address of most usual place of residence, or registered office or place of business (building, street, apt., unit, P.O. Box number) City/Town




Fax No. ( )

E-mail address

2 The plaintiff(s) has sued the defendant(s) as set out in the attached civil claim. This defendant disputes the claim as set out in the attached dispute note.

3 If the plaintiff(s) succeeds in the civil claim against this defendant, this defendant claims

(a) that you should be responsible for all or part of any judgment or costs awarded against this defendant,

(b) other (describe any other claim against the third party): , and

(c) costs.

4 Reasons for the third party claim This defendant’s reasons for making this third party claim against you are

(explain why the third party defendant(s) should pay all or a part of the civil claim):

Do not attach any additional material or evidence to this third party claim.


15 January 1, 2019

NOTICE TO THIRD PARTY DEFENDANT(S)

You have only a short time to respond to this third party claim:


You must complete a dispute note to third party claim and file it in person at any Provincial Court office, or by mail to the Provincial Court location shown on the third party claim, along with the applicable filing fee.

Your dispute note to third party claim should not only deny your liability to the defendant(s), but also indicate whether you deny that this defendant(s) is liable to the plaintiff(s).

This third party claim will be tried with other claims in the action unless the Court otherwise orders.

WARNING:

If you fail to file a dispute note to third party claim or are late in doing so, this defendant may request to note you in default.





THIRD PARTY DEFENDANT(S)

DOCUMENT DISPUTE NOTE TO THIRD PARTY CLAIM



16 January 1, 2019

Document filed on behalf of the following party(parties) (this third party defendant):








Represented by:



Firm Name (if any)

1 This third party defendant(s) disputes the third party claim of the defendant(s) as follows:

(a) This third party defendant denies liability to the defendant(s) to the extent claimed in the third party claim: □ Yes □ No

(b) This third party defendant denies that the defendant(s) is liable to the plaintiff(s): □ Yes □ No

2 This third party defendant(s) disputes the third party claim for the following reasons:

3 This third party defendant(s) admits the following parts of the third party claim:

4 (Complete the following section only if you are not already a plaintiff or defendant) I will be calling (number) witnesses at the trial of this action, including myself.

Do not attach any additional material or evidence to this dispute note to third party claim.


17 January 1, 2019




DOCUMENT APPLICATION


Document filed on behalf of the following party(parties)(applicant): (name)








Represented by:



Firm Name (if any)

NOTICE TO: (name and full address of the party you are making the application against)

This application is being made against you. You are a respondent. The application is scheduled for:

Date: Time: ________________________□ a.m. □ p.m. Where: Courtroom Number: __________________


18 January 1, 2019

Go to the end of this document to see what you can do and when you must do it.

(If the application will be heard by telephone, include the following in this Notice)

The applicant will attend this application by telephone conference at ( ) (applicant’s telephone number).To attend this application by telephone conference you will be contacted at the scheduled time at the following telephone number: ( ) (respondent’s telephone number). If this telephone number is incorrect or you will be appearing in person, you must contact the Court office immediately at ( ) (Court office’s telephone number).

1 I ask the Court to make the following order(s): (Select the orders you are asking the Court for. You may include a number of requests

on one application form.)

□ Setting aside or □ Varying a

□ default judgment □ noting in default □ judgment □ dismissal of a claim or counterclaim

which was entered on _____________, 20___.

□ Adjourning a pre-trial conference □ Adjourning a trial □ Making a judgment following a breach of a mediated agreement □ Ordering a payment hearing □ Ordering pre-trial questioning □ Ordering production of records □ Ordering summary dismissal □ Ordering summary judgment □ Other: (describe what you will be asking the Court for)

2 My reasons for making this application to the Court are:

3 The affidavit of (name of person) , filed on (date) , will be relied on at the application.


19 January 1, 2019

WARNING TO THE RESPONDENT:

If you or your lawyer, student-at-law or agent do not attend Court, the Court may deal with the application in your absence. You will be bound by any order made by the Court.

If you want to oppose this application, you or your lawyer, student-at-law or agent must:

(a) attend Court on the date and time shown at the beginning of the form;

(b) if you intend to rely on an affidavit,

(i) file the affidavit in response with the Provincial Court office where the application is scheduled to be heard, and

(ii) serve the affidavit in response on the applicant(s) a reasonable time before the application is scheduled to be heard.


Form 9 (Section 6, 24 or 35 of the Provincial Court



DOCUMENT AFFIDAVIT



□ Plaintiff □ Defendant Address for service (building, street, apt., unit, P.O. Box number) City/Town



20 January 1, 2019





Represented by:



Firm Name (if any)

AFFIDAVIT OF (name of person completing this affidavit)

Sworn (or Affirmed) on , 20

I, (name) , of (City/Town) , Alberta,

□ SWEAR □ AFFIRM AND SAY THAT: 1. 2. 3.

□ Sworn or □ Affirmed before me ) at , Alberta, this day ) (signature of person swearing of , 20____. ) or affirming this affidavit) ) (Commissioner for Oaths, ) Justice of the Peace or ) Notary Public in and for Alberta) ) ) (print name and expiry date or ) name of lawyer/student-at-law) )


21 January 1, 2019




DOCUMENT NOTICE TO ATTEND AS A WITNESS










Represented by:



Firm Name (if any)

1 Witness Required to Attend

Full name of Witness Address of witness (building, street, apt., unit, P.O. Box number) City/Town



Alternate Phone No. ( )

E-mail address (if known)


22 January 1, 2019

You are required to appear before a judge of the Provincial Court and give evidence and testify as a witness at a trial on behalf of

_________________________________ (name of party filing this document)

You must attend at the date, time and place and for the period specified below:

Date: Time: __□ a.m. □ p.m. Where:

Courtroom Number: __________________

2 You must also bring with you any records, including documents, contracts, cheques, invoices, letters, receipts, repair estimates, photographs or videos, printouts of any e-mails or other electronic messages, duplicate copies or transcripts of any voice messages, or any other materials that relate to this matter.

In particular, you are required to bring the following: ______________________________________________________

3 A witness allowance that is required to be paid to you for attending as a witness must accompany this Notice. The allowance is calculated as follows, in accordance with section 28 and Schedule 1 of the Provincial Court Civil Procedure Regulation:

Allowance payable for each day or part of a day that you are required as a witness ($25/day)

OR

Allowance payable for each day or part of a day that you are required as an expert witness ($50/day)

$

Meals $

Accommodation $

Transportation $

TOTAL $


23 January 1, 2019

WARNING TO WITNESS: If you do not attend and remain in attendance as required in this notice, a judge may issue a Court Order requiring that you attend or be detained in custody.

Any disputes regarding the witness allowance paid to you may be brought to the attention of the judge at trial.




DOCUMENT TRIAL STATEMENT










Represented by:



Firm Name (if any)


24 January 1, 2019

NOTICE:

The trial statement must contain all the facts and records you wish the Court to consider.

All parties must file a trial statement with the Court at least 14 days before the simplified trial and must serve a copy of it on each of the other parties at their address for service at least 7 days before the simplified trial is scheduled to begin.

1 Statement of facts — A summary of the facts and evidence intended to be presented to the court at the trial is attached (briefly set out the facts in the order that events happened, in numbered paragraphs, typed if possible; the summary should not exceed 3 pages).

2 Amount Claimed, Disputed or Counterclaimed — Attached is a summary showing the amount claimed, disputed or counterclaimed, and how the amount is calculated (typed, if possible).

3 Witness(es) for the □ Plaintiff □ Defendant. Name(s):

Attached is a brief summary of what I believe each witness will say under oath to support my case.

(For each of your witnesses, you should file a notice to attend as a witness with the Court and serve it on your witnesses along with the appropriate witness allowance at least 21 days before the simplified trial date. If your witness requires an interpreter, you must make these arrangements at your expense.)

4 Copies of all relevant documents and records are attached — including any documents, contracts, cheques, invoices, letters, receipts, repair estimates, photographs or videos, printouts of any e-mails or other electronic messages, duplicate copies or transcripts of any voice messages.

(You may not be allowed to rely on documents or other records as evidence in court unless you have attached them to this trial statement and served copies to all other parties at their address for service as shown on their documents.

Filing of documents and records does not guarantee the contents will be accepted as evidence.)

5 I, (name of party) , acknowledge the following:

(a) I am aware the trial is scheduled on , 20 at a.m./p.m. and I am ready to proceed;


25 January 1, 2019

(b) I have read the notice of simplified trial, acknowledge this matter has been set for a simplified trial which is scheduled for a total of minutes and I know that presentation of my case must be no longer than half the scheduled time;

(c) attached to this trial statement are all the relevant documents and records and witness summaries I intend to rely on at trial. I will provide a copy to all other parties at least 7 days before the trial;

(d) I am aware that I can, and should attempt to settle this action before the trial;

I certify the facts set out in the trial statement are true.

_________________________________ ________________ (signature of party filing this document) (date)

NOTE TO PARTY FILING THIS DOCUMENT:

At trial, you will be asked to swear or affirm the truth of the contents of this trial statement.

Alberta Rules of Court Provincial Court Volume 2 Civil Division Mediation Rules

1



MEDIATION RULES OF THE PROVINCIAL COURT — CIVIL DIVISION

Table of Contents

1 Definitions 2 Referral to mediation 3 Counsel’s duty to notify client and to confirm 4 Scheduling of mediation 5 Attendance and representation 6 Confidentiality 7 Impartiality 8 Inadmissibility in other court proceedings 9 Requirement as to good faith 10 Mediator’s immunity from suit 11 Exemption from mediation requirement 12 Need for notice of completion to fix trial date 13 Failure to resolve, or termination 14 Court’s power in case of non-attendance 15 Time limit for mediation 16 Costs for further scheduling 17 Notice of completion of mediation 18 Closure where agreement performed 19 Forms 20 Application

Definitions

1 In these Rules, (a) “Court” means the Civil Division of the Provincial Court; (b) “mediated agreement” means any written agreement reflecting a

consensus reached among the parties under these Rules as a result of a mediation session;

(c) “mediation co-ordinator” means a supervisor of the Court’s mediation program in the office of the Clerk of the Court who holds the position of mediation co-ordinator;


2

(d) “mediation session” means a negotiation session arranged by or under the auspices of the Court at which a mediator assists the parties to identify the issues and the parties’ interests, structures their discussions, facilitates communication among them and provides them with the opportunity to resolve their case in a mutually agreeable way with a view to settling the action and thereby obviating the need for a trial;

(e) “mediator” means a person appointed by the Court or by a mediation co-ordinator as a result of the application of these Rules.

Referral to mediation

2(1) At any time after a dispute note is filed, the Court or a mediation co-ordinator may refer the action for mediation, on giving notice to the parties or, where they are represented, to their counsel.

(2) On the request of any party, the Court or a mediation co-ordinator may refer the action for a mediation session.

Counsel’s duty to notify client and to confirm

3 On receipt of a notice pursuant to Rule 2, counsel for a party shall immediately provide a copy to that party and confirm to a mediation co-ordinator in writing that this has been done.

Scheduling of mediation

4(1) Where only one defendant is named in the action, a mediation session may be scheduled after a dispute note is filed.

(2) Where 2 or more defendants are named, a mediation session may be scheduled after

(a) a dispute note has been filed by one or more defendants, and (b) a period of 20 days has passed since the filing of the civil claim.

Attendance and representation

5(1) All the parties receiving notice under Rule 2(1) shall attend at a mediation session.

(2) If a party is incorporated, the corporation must be represented by an individual who has knowledge of the facts and authority to resolve the action on the corporation’s behalf.

(3) Counsel or an agent may attend with a party at a mediation session.


3

(4) Other persons may attend with the consent of all the parties and the mediation co-ordinator or the mediator.

Confidentiality

6(1) Whatever is said at a mediation session is confidential if the parties have agreed that it is to be kept confidential.

(2) Subrule (1) does not apply (a) to anything contained in a mediated agreement, or (b) to evidence that is admitted under Rule 8(6)(b).

Impartiality

7 A mediator must be impartial and shall act impartially.

Inadmissibility in other Court proceedings

8(1) Anything said at a mediation session is inadmissible in any proceeding before the Court.

(2) Any document or electronic record prepared or generated for the purposes of a mediation session is privileged in the hands of the person to whom it belongs.

(3) Neither the mediator nor any other person present at the mediation session may be subpoenaed or otherwise required to testify or to produce records or notes relating to the mediation in any proceeding before the Court.

(4) A mediation session may not be taped, nor transcripts of it kept.

(5) Any record of what took place at a mediation session is not admissible before the Court, unless the parties agree in writing.

(6) This Rule does not (a) apply to a mediated agreement, or (b) prevent the admission of factual evidence relating to the cause of

action that would be admissible apart from subrule (1) or (2).

Requirement as to good faith

9 All parties to a mediation session and, if applicable, their representatives must negotiate in good faith.


4

Mediator’s immunity from suit

10(1) No proceedings lie against a mediator or Her Majesty the Queen in right of Alberta for anything done or not done while discharging or purporting to discharge responsibilities under these Rules.

(2) A mediator has the same immunity from civil suit as has a judge of the Court.

Exemption from mediation requirement

11 Notwithstanding anything in these Rules, any party may apply to the Court, on at least 2 days’ notice being given to all the other parties, for an order exempting the parties from the application of these Rules, and the Court may, if it considers that there is good and sufficient reason to do so, make an order to that effect setting out that reason.

Need for notice of completion to fix trial date

12 In order to arrange the fixing of a trial date, the parties must obtain, and there must be produced to the Clerk of the Court, a notice of completion of mediation.

Failure to resolve, or termination

13 Where the parties have completed a mediation session or any party or the mediator has terminated the mediation session for a reason which, in the mediator’s opinion, is valid, the parties are to receive a notice of completion of mediation.

Court’s power in case of non-attendance

14(1) Where a party did not attend a scheduled mediation session or attended without the attendance of any person required by Rule 5, a mediation co-ordinator shall complete a certificate of non-attendance at mediation.

(2) Following the completion of the certificate and on application by any party on at least 2 days’ notice to all the other parties, the Court may make any one or more of the following orders:

(a) an order that further mediation occur, on any terms that the Court considers appropriate;

(b) an order that the pleadings of the non-complying party be struck out, unless that party satisfies the Court there was a reasonable excuse for the non-attendance and that striking out the party’s pleadings would be inequitable;

(c) an order that the action proceed to trial; (d) such order as to costs as is appropriate in the circumstances;


5

(e) such other order as is appropriate in the circumstances.

Time limit for mediation

15 A mediation session must occur within 3 months after the filing of the last dispute note filed in the action, unless the Court extends that period, which extension may be made before or after the end of that 3-month period.

Costs for further scheduling

16 If a mediation does not proceed because of the non-attendance of one or more of the parties or of a representative of a party, the Court may, on application to it or at trial, order each non-attending party to pay costs of $50 to the other parties, with the $50 costs being prorated among all the other parties if more than one.

Notice of completion of mediation

17 If a party seeks to have a trial date fixed, the party must, with the request, file with the Clerk of the Court a notice of completion of mediation and, if the party considers that a mediated agreement has been breached, a written statement to that effect.

Closure where agreement performed

18 If a mediated agreement has been fully performed, the parties shall ensure that

(a) a notice of withdrawal of the action is or has been filed, or (b) consent judgment is or has been given.

Forms

19 All notices, certificates and other documents referred to in or used for the purposes of these Rules are to be in the form required by the Court.

Application

20 These Rules apply in respect of a judicial district or a particular court facility only if the chief judge of the Court has designated that district or facility for the purposes of these Rules.

Alberta Rules of Court Provincial Court Volume 2 Fees Regulation

1 January 1, 2019



Provincial Court Act PROVINCIAL COURT FEES REGULATION

Table of Contents

Civil Division

1 Fees payable 1.1 Waiver of fees

Criminal Division and Family and Youth Division

3 Fees payable 3.01 Waiver of fees

All Divisions

3.1 Fee exemption: peace officers 3.2 Fee exemption: Justice Canada 3.3 Waiver of fees 4 Repeal 5 Coming into force

Civil Division

Fees payable 1 The fees payable to the clerk of the Provincial Court are as follows:

(a) for the issuance of a civil claim

(i) for claims of $7500 or less $100.00;

(ii) for claims exceeding $7500 $200.00;

(a.1) for filing a dispute note without a counterclaim $25.00;

(a.2) for filing a dispute note with a counterclaim,

(i) for counterclaims of $7500 or less $75.00;

(ii) for counterclaims exceeding $7500 $125.00;


2 January 1, 2019

(a.3) for filing a third party claim $50.00;

(a.4) for filing an application in the course of an action or proceeding $50.00;

(b) for filing a Notice of Application under Part 5 of the Residential Tenancies Act, including the preparation of any order granted by the Court

(i) for claims of $7500 or less $100.00;

(ii) for claims exceeding $7500 $200.00;

(c) for each search of a name, including the inspection of one file $10.00;

(d) for each inspection of a file $10.00;

(e) for each certification of a document $10.00;

(e.1) for certification of one copy of a document at time of filing document no charge;

(f) for a copy of a document, per page $1.00;

(g) for each transcript and for each additional copy of a transcript of a court proceeding as specified in Schedule B to the Alberta Rules of Court (AR 124/2010). AR 18/91 s1;220/93;47/2002;216/2002;164/2010;71/2015

Waiver of fees 1.1 The clerk of the Court may waive the whole fee or part of the fee payable under section 1(a) to (b) by an individual who the clerk, applying the guidelines (if any) established by the Minister of Justice and Solicitor General, considers is unable to pay that fee.

AR 216/2002 s3;71/2015;76/2015

1.2 Repealed AR 176/2018 s56.



3 January 1, 2019

Criminal Division and Family and Youth Division

Fees payable 3 The fees payable to the clerk of the Court are as follows:

(a) for filing a claim under the Family Law Act or an application under the Extra-provincial Enforcement of Custody Orders Act $50.00;

(a.1) for each search of a name, including the inspection of one file $10.00;

(b) for each inspection of a file $10.00;

(c) for a copy of a document, per page $1.00;

(d) for each certification of a document $10.00.

(e) repealed AR 220/93 s4. AR 18/91 s3; 220/93;71/2015

Waiver of fees 3.01 The clerk of the Court may waive the whole fee or part of the fee payable under section 3(a) by an individual who the clerk, applying the guidelines, if any, established by the Minister of Justice and Solicitor General, considers is unable to pay that fee.

AR 76/2015 s1

All Divisions

Fee exemption: peace officers 3.1(1) In this section, “peace officer” means

(a) a member of the Royal Canadian Mounted Police,

(b) a member of a municipal police service within the meaning of the Police Act,

(c) a special constable within the meaning of the Police Act,

(d) a person whose legal functions include written authorization to issue violation tickets under Part 2 or 3, or both, of the Provincial Offences Procedure Act, or


4 January 1, 2019

(e) a person appointed under the regulations under the National Defence Act (Canada) for the purposes of section 156 of that Act.

(2) Notwithstanding anything in this Regulation, fees for the search of a name, the inspection of a file or a copy or the certification of a document are not payable by a peace officer when the service in question is required in the execution or discharge of the peace officer’s duties.

AR 216/2002 s5

Fee exemption: Justice Canada 3.2 Notwithstanding anything in this Regulation, fees for the search of a name, the inspection of a file or a copy or the certification of a document are not payable by an employee of the Department of Justice (Canada) when the service in question is required for the recovery of amounts owing under offences under Acts of the Parliament of Canada.

AR 91/2003 s2

Waiver of fees 3.3(1) In this section,

(a) “certificate” means a Legal Aid Certificate issued by the Legal Aid Society of Alberta;

(b) “document” means any document that may be filed or issued for which a fee is payable under section 1(a) to (b) or section 3(a).

(2) If requested to file or issue a document, the clerk of the Court must waive the fee otherwise payable if presented with a subsisting certificate issued in respect of the person for whom the document is to be filed or issued.

AR 76/2015 s1

Repeal 4 The Small Claims Division of the Provincial Court Tariff of Fees Regulation (Alta. Reg. 145/80) is repealed.

AR 18/91 s4

Coming into force 5 This Regulation comes into force on February 1, 1991.

AR 18/91 s5

Alberta Rules of Court Provincial Court of Alberta Volume 2 Practice Notes

1

Provincial Court of Alberta Practice Notes

Provincial Court Practice Note “1” Notice to the Profession

Case Management – Early Case Management

The Provincial Court of Alberta is implementing an Early Case Resolution Programme across the Province of Alberta effective March 1, 2002.

On May 21, 2000 the Chief Judge struck a committee under the Chairmanship of Assistance Chief Judge J.A. Wood. The members included Assistant Chief Judges Brian Stevenson and Peter Caffaro, representatives of the Law Society of Alberta, the Alberta Branch of the Canadian Bar Association, policing agencies (Chiefs of Edmonton, Calgary and Lethbridge City and Assistant Commissioner RCMP), Chief Crown Prosecutors (Edmonton, Calgary, Lethbridge and Senior Federal Prosecutors Edmonton and Calgary), the Legal Aid Society of Alberta and the Assistant Deputy Minister of the Department of Justice. The Committee met throughout the next 10 months, reaching a draft position in March 2001. The Committee then consulted with members of the Bar and Crown counsel in Lethbridge, Medicine Hat, Calgary, Red Deer, Wetaskiwin, Edmonton and Grande Prairie. A unanimous final report was presented to Chief Judge E.J.M. Walter in early July, 2001.

The Programme addresses issues being considered in other parts of Canada and which has been tested in a pilot programme in Southern Alberta since 1996. The initiative represents best a practical approach to early case resolution for all participants in the criminal justice system which will enhance the administration of justice in Alberta.

The purpose of early case resolution is to provide Defence and Crown Counsel an opportunity to address critical issues at the early stages of criminal proceedings. Upon a first appearance with their client, Defence Counsel will be given sufficient time to obtain timely disclosure, meet with their client and receive instructions, meet with Crown Counsel, and assess and determine a direction prior to election and or plea. Counsel will be able to determine at a much earlier stage the direction they wish to have their matter proceed. This is intended to reduce or avoid costly adjournments. A corresponding benefit will accrue to timing and scheduling of all matters before the courts. We expect Defence Counsel will find early resolution is in their client’s interests and will reduce the amount of time spent in court appearances. Early case resolution can significantly reduce the number of trials being booked as well as the trial collapse rate. Such reductions result in a benefit to the public, counsel, police and witnesses by ensuring their time is better considered and not inconvenienced.


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This initiative has the ability to provide a more productive and effective operation of the court for all users, and reduce the demand on critical resources. The support of each of the stakeholders in the justice system is necessary to achieve expected results. Enhanced quality of service is a benefit to all users. However, nothing in this programme will diminish the rights of those appearing before the court.

A review of this programme will be undertaken by the committee before the end of the 2002-2003 fiscal year. That review will incorporate meetings with all stakeholders to consider changes, alterations or adjustments needed to ensure this programme continues to provide the benefits sought for each of the partners in the system.

Practice Rules – Early Case Resolution [1] These rules apply to matters where counsel represents the accused. [2] Reference to ‘parties’ is a reference to Crown and Defence Counsel. [3] When Defence counsel first appears in court with respect to an information

alleging an offence or offences, the court may adjourn the matter for a period of time, not exceeding six weeks (“Resolution Adjournment”).

[4] During the Resolution Adjournment the parties will attend to the following matters:

a. Crown Counsel will as soon as practicable effect disclosure of the case for the prosecution to Defence Counsel.

b. Defence Counsel will arrange to meet with a Crown Counsel. c. The Crown will apply such resources as to be able to accommodate

consultation requests from Defence Counsel. d. The parties will meet to determine whether the matter may proceed to

resolution or trial, and in the case of a trial, whether any matters can be resolved prior to trial.

[5] The parties may mutually request a further adjournment, on grounds that a resolution may be obtained, or that witnesses or trial time may otherwise be reduced.

[6] Where a trial is scheduled, either party, or the court on its own motion, may refer the matter to the court for a pre-trial conference.

[7] In the context of trial scheduling the parties will make all reasonable efforts to ensure that all matters necessary for the conduct of the trial as scheduled are in order.

[8] Should any circumstances change prior to the trial date, that party shall forthwith advise the opposite party and the court, and schedule an appearance as soon as practicable to apply for a trial adjournment.


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Provincial Court Practice Note “2” Notice to the Profession

Preliminary Inquiries, and Amendments to The Criminal Code [v. 3.6 // 2004.05.18]

May 2004 – effective date: June 1, 2004

The portions of Bill C-15A, S.C. 2002 c. 13, and portions of Bill C-14, 3rd Session, 37th Parliament, 52-53 Elizabeth II, 2004 relating to preliminary inquiries are currently scheduled to come into force on June 1, 2004. This Practice Note comes into force on that date or such other date that the Code amendments come into force.

Commentary

The amendments to the preliminary inquiry regime represent a change in the conduct and role of the preliminary inquiry. Notwithstanding these amendments, the essential function of the preliminary inquiry remains intact, i.e., that for serious alleged criminal offences for which the accused has elected trial in the Court of Queen’s Bench the Crown is obliged at law to present the essence of its case to a judge for a preliminary determination of whether the accused should be committed to a trial. The amendments are described in Legislative Summary LS-410E, published by the Parliamentary Research Branch of the Parliament of Canada, issued October 12, 2001, and amended September 30, 2002. In that document the author states (emphasis added):

“Preliminary inquiries are pre-trial hearings at which the prosecution must show that there is evidence to justify putting the accused on trial. Preliminary inquiries are only conducted in cases where the prosecution is proceeding by indictment. As a way of reducing the time it takes to bring criminal cases to trial, and as a way of minimizing the extent to which complainants (particularly those in sexual assault cases) are subject to examination and cross-examination, federal and provincial governments have considered ways to reduce the number and duration of preliminary inquiries, including abolishing them altogether. However, it appears for the time being that the federal government prefers to narrow the scope of preliminary inquiries and reduce their number. The proposals contained in Bill C-15A are part of this approach. Other elements of this legislative strategy include increasing the maximum punishment for offences prosecuted summarily, and the reclassification of a large number of indictable offences as hybrid offences (where the Crown has the option of proceeding summarily and thus precluding a preliminary inquiry). However, these are not addressed in the bill.”


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The role of the Court, pursuant to the amendments, is to assist the parties to conduct and participate in an efficient yet effective preliminary inquiry. This Practice Note is intended to provide for consistency of process and procedure throughout Alberta. The procedure and direction set out is meant to provide guidance to the public, members of the legal profession, court clerks and administrative staff, and judges of the Provincial Court of Alberta.

Practice Rules – Preliminary Inquiries

[1] Application of Practice Note – this practice note applies to matters where counsel represents the accused, and, where specifically indicated (as stipulated in the statutory amendments), unrepresented accused. The practice note applies to proceedings in ordinary criminal courts and in youth justice court. [2] Terminology

Accused includes a young person as that term is defined and used under the Youth Criminal Justice Act. Clerk of the Court means a clerk of the Provincial Court of Alberta. Court means the Provincial Court of Alberta and includes the Court sitting as a Youth Justice Court as that term is defined in the Youth Criminal Justice Act. Form (or, form) means a form for the purpose of a preliminary inquiry or hearing as provided by the Clerk of the Court, or which may be available on the Alberta Courts web site, or such other document(s) provided by a party that includes the same contents as such forms, as are described hereafter and attached hereto, that are acceptable to the Court. Forms for the purposes herein are not prescribed by the Code amendments, however they have been created, and are required in order to assist the Court, the parties and Court administration in the effective implementation of the amendments. The use of these Forms is not intended to be contrary to the principles in s. 844 or in s. 849 of the Code. Information means the document charging the accused with offences pursuant to the Criminal Code or other Act of Canada or Alberta. Judge means a judge of the Provincial Court of Alberta. The Criminal Code uses the term “justice” in, inter alia Part XVIII. Under Alberta law, a justice of the peace does not have jurisdiction to preside at a preliminary inquiry by virtue of s. s. 6(4) of the Justice of the Peace Act. When a Code reference under Part XVIII is to a justice, a Provincial Court Judge has the jurisdiction referred to in the Province of Alberta. Therefor the use of the term judge in this Practice Note has the meaning attributed to a justice as that term is used in Part XVIII, including the relevant amendments which are the subject matter of this Practice Note. Party means counsel for the Crown or any accused, but not an unrepresented accused. Hearing means a hearing ordered by a judge before whom a preliminary inquiry is to be held, for the purposes of s. 536.4.


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Section numbers refer to the amendments to the Criminal Code sections, enacted as a result of Bill C-15A, S.C. 2002 c. 13, unless otherwise specified.

[3] Offences governed by the Amendments – The amendments are applicable to any offence where a right to request a preliminary inquiry exists at law if an election has not been made by June 1, 2004. If no such election has been made by that date, the new election pursuant to amended section 536(2) will be read to the accused. [4] Preliminary Inquiry Upon Request – Where any of the accused elects or is deemed to have elected to be tried by a judge alone or a court composed of judge and jury, a preliminary inquiry will only be held if a party or an unrepresented accused requests a preliminary inquiry. If no preliminary inquiry is requested the accused shall be committed for trial on the offences charged. In the latter case the accused shall be ordered to appear at the next available arraignment date for a trial date to be fixed. [5] Preliminary Inquiry requested by accused who is/are represented by counsel – Where accused represented by counsel request a preliminary inquiry the presiding judge, as a general rule, will set the matter over for two weeks or such other time reasonable in the circumstances. This period of time is to enable the party (for an accused) requesting a preliminary inquiry to fill out a statement in writing in Form “A” (example copy attached) that identifies: (a) the issues on which the requesting party wants evidence to be given at the inquiry; and (b) the witnesses that the requesting party wants to hear at the inquiry, as required by s. 536.3. Disclosure or substantial disclosure of its case should be made by the Crown to counsel for the accused to allow counsel for the accused to fill out Form “A”. Where sufficient disclosure has not been made, the judge may allow sufficient time to make sufficient disclosure. Form “A” shall be filed with the clerk of the court. A copy of a completed Form “A” shall be delivered by requesting counsel, by ordinary mail, electronically, or by equivalent means to counsel for the opposing party and to any unrepresented accused. At any subsequent appearance the presiding judge may schedule the preliminary inquiry date. The presiding judge may, alternatively, adjourn the matter to await the return of Form “A” prior to scheduling the preliminary inquiry date. Form “A” is the form of document, and thereby the approved mechanism used to comply with the requirement to submit a statement in writing pursuant to s. 536.3. The clerk of the court shall affix Form “A” to the appropriate Information. [6] Preliminary Inquiry requested by the Crown – Where a preliminary inquiry is requested by the Crown the presiding judge, as a general rule, will set the matter over for two weeks or such other time reasonable in the circumstances. This period of time is to enable Crown counsel to fill out a statement in writing in Form “A” that identifies: (a) the issues on which the requesting party wants evidence to be given at the inquiry; and (b) the witnesses that the requesting party wants to hear at the inquiry, as required by s. 536.3. A copy of a completed Form “A” shall be delivered by Crown counsel, by ordinary mail, electronically, or by equivalent means to counsel for the opposing party(s) and to any unrepresented accused. At any subsequent appearance the presiding judge may schedule the preliminary inquiry date. The presiding judge may, alternatively,


6

adjourn the matter to await the return of Form “A” prior to scheduling the preliminary inquiry date. Counsel for other parties, and any unrepresented accused may seek directions pertaining to disclosure, as the matter is adjourned for the purpose of submission of a completed Form “A”. The clerk of the court shall affix Form “A” to the appropriate Information. [7] Preliminary Inquiry requested by an unrepresented accused – Where an unrepresented accused requests a preliminary inquiry, no Form “A” is required. The matter may be scheduled for a preliminary inquiry by the presiding judge. Where sufficient disclosure has not been made, the judge may allow sufficient time to make sufficient disclosure. The presiding judge may, alternatively, adjourn the matter for other purposes relevant to the preliminary inquiry regime as provided by law. [8] Application for s. 536.4 Hearing – The parties, including an unrepresented accused may apply for a hearing pursuant to s. 536.4(1). Only the judge scheduled to preside at the preliminary inquiry may entertain an application for a s. 536.4 hearing. That judge is also empowered to order a s. 536.4 hearing on his or her own motion. A party or an unrepresented accused making an application for a s. 536.4 hearing shall execute Form “B” (example copy attached), which includes a statement of the reasons for the hearing. The reasons for the s. 536.4 hearing must be connected to or justified by one of the reasons specified in s. 536.4(1). Form “B” shall be filed with the clerk of the court. Form “B” is a form of document prescribed by this Practice Note to record and caused to be filed with the Clerk. Form “B” is not prescribed at law. However, Form “B” is derived from and pertinent to s. 536.4. The clerk of the court shall affix Form “B” to the appropriate Information. The clerk of the court shall forward a filed Form “B” to the appropriate Assistant Chief Judge. The Assistant Chief Judge shall appoint a judge to preside at the preliminary inquiry. The judge who is scheduled to preside at the preliminary inquiry will consider the application for the s. 536.4 hearing. The consideration of whether to order a s. 536.4 hearing may be decided by that judge based upon a filed Form “B,” or the judge may hear the application in chambers, by teleconference, or in open court. The application shall be made in open court where there are unrepresented accused. In the event that a hearing is ordered, the Judge will transmit Form “B” to court administration for the purposes of scheduling a date for the hearing. The local judicial scheduling officer will set a date for the hearing, after having obtained agreement from the parties. [9] The s. 536.4 Hearing – A s. 536.4 hearing need not take place in a courtroom (unless there is an unrepresented accused). In addition, a s. 536.4 hearing need not be heard by the judge who is scheduled to preside at the preliminary inquiry, although it must be ordered by the judge who is scheduled to preside at the preliminary inquiry. Generally, the judge who is scheduled to preside at the preliminary inquiry will also conduct a s. 536.4 hearing. Where all accused are represented by counsel the s. 536.4 hearing should generally take place in chambers or by teleconference. If any of the accused is unrepresented, the s. 536.4 hearing shall take place in open court.


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[10] Agreements and/or admissions arising from a s. 536.4 Hearing – All admissions of fact or agreements made by the parties, including unrepresented accused, which result from a s. 536.4 hearing shall be recorded by the judge who presides at the hearing, pursuant to s. 536.4(2). The parties, including unrepresented accused shall fill out Form “C” (example copy attached) to indicate their agreement to the admissions of fact or other agreements that result from the hearing. The presiding judge shall endorse the completed Form “C” and submit it to the clerk of the court. Form “C” is the form of document, and thereby the approved mechanism used to comply with the requirement to record agreements and or admissions made a s. 536.4 hearing, pursuant to s. 536.4(2). [11] Mutual Agreement concerning the scope of a preliminary inquiry pursuant to s. 536.5 – Whether or not there is a s. 536.4 hearing, the parties and unrepresented accused can agree, on a mutual basis to limit the scope of the preliminary inquiry, pursuant to s. 536.5 without judicial direction or intervention. Parties or unrepresented accused agreeing to limit the scope of the preliminary inquiry shall complete and mutually execute Form “D” (example copy attached) and file it with the clerk of the court. Form “D” is the form of document, and thereby the approved mechanism used to comply with the requirement to file or record an agreement made pursuant to s. 536.5. The clerk of the court shall affix a completed Form “D” to the appropriate Information. [12] Limited Scope of the Preliminary Inquiry – Pursuant to s. 537(1)(i) the preliminary inquiry shall be conducted in accordance with the admissions or agreements contained in Form “C” or Form “D” unless the judge is satisfied that to do so would be contrary to the best interests of the administration of justice. Where the parties or an unrepresented accused mutually agree to limit the scope of a preliminary inquiry pursuant to s. 536.5, the judge may order the accused to stand trial without hearing evidence upon any other issue, pursuant to s. 549(1.1). [13] Evidence tendered pursuant to s. 540 – Pursuant to s. 540(7), a party or an unrepresented accused may tender such information, as evidence at the preliminary inquiry, as is described in s. 540(7) at a preliminary inquiry. Evidence tendered pursuant to s. 540(7) need not be otherwise admissible, but must be evidence that the judge considers credible or trustworthy in the circumstances of the case. Evidence tendered pursuant to s. 540(7) could include written witness statements, witness statements recorded in another fashion, or other information. Generally, the admissibility of any information tendered as evidence by any party, pursuant to s. 540(7) or otherwise, shall be determined at the preliminary inquiry, and not in any prior hearing. [14] Notice under s. 540 – A party or an unrepresented accused intending to tender evidence pursuant to s. 540(7) shall give written notice within a reasonable time period in advance of the date of the preliminary inquiry to the Court, the opposite party(s) and any unrepresented accused, as required by s. 540(8). Delivery of the s. 540(8) notice and copies of the statement(s) not less than 21 days prior to the date of the preliminary inquiry is presumptively reasonable.


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The party shall deliver, together with the notice, a copy of the statement reduced to writing, if any, or otherwise recorded, to the opposite or other party(s) and any unrepresented accused. [15] Section 540(9) applications for appearance of a witness – A s. 540(9) application for the appearance of a witness shall be made not less than 7 days prior to the date the evidence [proposed to be tendered pursuant to s. 540(7)] is intended to be adduced, unless the judge orders otherwise. A prior s. 540(9) application made in a timely manner will enable the judge hearing the application to order the appearance of a witness without having to adjourn the preliminary inquiry. Where a witness is ordered to appear pursuant to s. 540(9), the Crown shall subpoena such witness. [16] Requests for absence of an accused – Pursuant to s. 537(1)(j.1) an unrepresented accused or counsel for an accused may request that the accused be absent during the whole or part of a preliminary inquiry. This application may be made prior to or during the preliminary inquiry. The judge may permit the absence of the accused on any conditions that are deemed appropriate. [17] Young Persons – This practice note applies to proceedings in youth justice court and as defined above, to a young person as defined in the Youth Criminal Justice Act.

END Attachments: Form “A” Statement of Issues and Witnesses [s. 536.3] Form “B” Request for a Hearing [s. 536.4(1)] Form “C” Agreement and/or Admissions made at a Hearing [s. 536.4(2)] Form “D” Agreement to limit the scope of the Preliminary Inquiry [s. 536.5] Note: the Forms attached hereto are for the convenience of the reader, but are not, as hard copy forms, the Forms that are suggested for actual use by parties. Those Forms (identical in content but not format) are available from the Clerk or Court Administrator. They are also intended to be available electronically, from the Alberta Courts web site. The actual Forms are formatted on the basis of 8 ½” x 14” paper, so as to ensure, when printed in hard copy, that they are contained on a single piece of paper (to avoid being separated and thereafter misfiled). Despite this, Form “B”, even on 8 ½” x 14” paper, requires 2 pages. For submission purposes, thus prior to execution, Form “B” (in hard copy) must be copied onto two sides of a single sheet of paper (to avoid being lost or misfiled).


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Section 536.3 Criminal Code Docket number__________________________ This document when completed and filed will be attached to the Information by the Clerk

NOTE: PLEASE PRINT LEGIBLY

Form “A” COUNSEL STATEMENT IDENTIFYING ISSUES AND WITNESSES

Name of Accused [Young Person] ____________________________________ The next appearance of the Accused [Young Person] is the____ day of ______________ 20___, at _______ o’clock AM/PM, Courtroom # _____ at______________ in the Province of Alberta. Charges: _____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

_________________, HAVING REQUESTED A PRELIMINARY INQUIRY, COUNSEL

a) Wishes evidence to be given at the inquiry on only the following issues: ______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

b) Wishes to hear only the following witnesses at the inquiry: ______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

Dated this ______day of _________, 20___ at _______________ in the Province of Alberta


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Signature: ________________________________ Print Name legibly: ________________________________ Contact information (all required):

Address: ________________________________ ________________________________ ________________________________

Phone No. ________________________________ Fax No. ________________________________

Counsel for ________________________________

Note: This document must be filed with the Clerk of the Court and a copy provided by the submitting party to other parties and any unrepresented accused.


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Form “B” REQUEST FOR HEARING PURSUANT TO SECTION 536.4(1)

CRIMINAL CODE Name of Accused [Young Person] ____________________________________ The next appearance of the Accused [Young Person] is the____ day of ______________ 20___, at _______ o’clock AM/PM, Courtroom # _____ at______________ in the Province of Alberta. Charges: ______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Reasons: (to assist the Court in anticipation of the requested hearing) Please check one (or more) of the reasons listed below:

____ (a) to assist the parties to identify the issues on which evidence will be given at the inquiry;

____ (b) to assist the parties to identify the witnesses to be heard at the inquiry, taking into account the witnesses’ needs and circumstances;

____ (c) to encourage the parties to consider any other matters that would promote a fair and expeditious inquiry.

Regarding point “(c)” above – please specify the nature of the “other matters”: ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ We / I hereby request a hearing pursuant to s. 536.4(1) [executed by the party or person requesting]


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Address: ________________________________ ________________________________ ________________________________

Phone No. ________________________________ Fax No. ________________________________

Counsel for ________________________________

or, if applicable: Signature: ________________________________ Print Name legibly: ________________________________ Contact information (all required):

Address: ________________________________ ________________________________ ________________________________

Phone No. ________________________________ Fax No. ________________________________

The Accused [Young Person] Signature: ________________________________ Print Name legibly: ________________________________ Contact information (all required):

Address: ________________________________ ________________________________ ________________________________

Phone No. ________________________________ Fax No. ________________________________

Prosecutor

Order for Hearing

______ I hereby order that a hearing be held pursuant to s. 536.4(1) of the Criminal Code.

______ I hereby order that no s. 536.4(1) hearing be held. Date: ________________________________ Signature: ________________________________ Print Name legibly: ________________________________ Judge of the Provincial Court of Alberta

Note: This document must be filed with the Clerk of the Court.


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Note: The appropriate local judicial scheduling officer will set a date for the s.

536.4(1) hearing after having sought agreement with the parties.

Further Note: For submission purposes, please copy the original onto 2 sides of one sheet of paper (before execution), so as to ensure that this second sheet is

not misplaced or misfiled.

Section 536.4(2) Criminal Code Docket number__________________________ This document when completed and filed will be attached to the Information by the Clerk


Form “C” AGREEMENT AND ADMISSIONS AT HEARING HELD UNDER

SECTION 536.4 CRIMINAL CODE Name of Accused [Young Person] The next appearance of the Accused [Young Person] is the____ day of ______________ 20___, at _______ o’clock AM/PM, Courtroom # _____ at______________ in the Province of Alberta. Charges:_______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ The Prosecutor and the Accused [Young Person] agree to limit the scope of the preliminary inquiry to the following specific issues: _________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________


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The Prosecutor and the Accused [Young Person] agree to the following admissions: ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________


Address: ________________________________ ________________________________ ________________________________

Phone No. ________________________________ Fax No. ________________________________

Counsel for the Accused [Young Person]

Signature: ________________________________ Print Name legibly: ________________________________ Contact information (all required): Address: ________________________________

________________________________ ________________________________

Phone No. ________________________________ Fax No. ________________________________

Prosecutor Pursuant to s. 536.4(2) of the Criminal Code I recorded the above agreement to limit the scope of the preliminary inquiry and admissions of fact by the terms herein recorded.

Signature: ________________________________ Print Name legibly: ________________________________

Judge of the Provincial Court of Alberta Dated this ______day of _________, 20___ at _______________ in the Province of Alberta Note: This agreement will be filed with the Clerk of the Court by the judge presiding at the

s. 536.4 hearing.


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Form “D” MUTUAL AGREEMENT TO LIMIT SCOPE OF

PRELIMINARY INQUIRY Name of Accused [Young Person] ____________________________________ The next appearance of the Accused [Young Person] is the____ day of ______________ 20___, at _______ o’clock AM/PM, Courtroom # _____ at______________ in the Province of Alberta. Charges: _____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ The Prosecutor and the Accused [Young Person] agree to limit the scope of the preliminary inquiry to the following specific issues, and make this agreement pursuant to s. 536.5: _______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Was there a hearing held pursuant to s. 536.4? No: _____ Yes _____ [date: ______________________ ] Dated this ______day of _________, 20___ at _______________ in the Province of Alberta


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Address: ________________________________ ________________________________ ________________________________

Phone No. ________________________________ Fax No. ________________________________

Counsel for the Accused [Young Person]

Signature: ________________________________ Print Name legibly: ________________________________ Contact information (all required): Address: ________________________________

________________________________ ________________________________

Phone No. ________________________________ Fax No. ________________________________

Prosecutor Note: This agreement must be filed with the Clerk of the Court.


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Provincial Court Practice Note “3” “Criminal Division” and “Family & Youth Division”

Notice to the Profession Publication Bans (#2)

1. This Practice Note is in effect as of February 1, 2005 and applies to proceedings conducted in the Criminal Division and in the Family & Youth Division of The Provincial Court of Alberta. This Note supersedes any previous Practice Note in relation to this topic.

2. This Practice Note applies to members of the Law Society of Alberta who intend to apply for a court Order which restricts public access to, or the media’s ability to fully report on, court documents or proceedings (made pursuant to a judge’s common law or legislated discretionary authority) and includes without limitation restrictions on publication or rights of access, such as:

a. Publication bans under s.486 of the Criminal Code; b. Orders which partially, or completely, seal evidence taken in such

proceedings, excepting, those matters which pertain to the signing of general search warrants, special warrants, assistance Orders and matters related thereto;

c. Use of pseudonyms; d. In Camera Orders; e. Orders restricting access to and copying of exhibits; and f. Orders permitting witnesses or participants in judicial proceedings to

testify in a manner that would prevent their identification, under s.486 of the Criminal Code.

3. This Practice Note does not apply to any mandatory statutory publication bans or mandatory Orders, (including without limitation those authorized pursuant to the Criminal Code).

4. “Interested Parties” includes the parties to the proceedings. Any electronic or print media representative who wishes to receive notice pursuant to this Practice Note may register as an “interested party.” In order for an electronic or print media representative to register:

a. such media representative must name a member of the Law Society of Alberta to receive notice on behalf of the media representative; and

b. provide and maintain a current email address for such member of the Law Society, which email address shall be utilized in providing notice in accordance with paragraphs 8 & 9.

5. On application to the Court, any other person may be named an interested party.


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6. Except with leave of the Court, counsel, on behalf of an accused, a witness or a justice system participant (as referred to in s.486 of the Criminal Code) must file a written copy of the Notice of the Application and provide the notice required pursuant to paragraphs 8 & 9 hereof at least three clear days before the beginning of the trial, application or proceeding or matter to which the ban or Order is to apply. In appropriate circumstances, the Court may direct that notice of any Application be given to such additional parties as the Court deems necessary.

In completing the Notice of Application required pursuant to paragraphs 8 & 9 hereof, any party applying must provide a description sufficient to provide recipients of the notice with an understanding of the nature of the intended application.

7. The application must be made to the judge assigned to hear the case. If that judge is unknown or unavailable, the application must be made to the case management judge. If there is no case management judge, the application must be made before the Chief Judge, an Assistant Chief Judge, or their respective designate.

8. Unless otherwise ordered, the application must be on notice to Interested Parties, including any electronic or print media representative who has registered as an “interested party” in accordance with this Practice Note. The Applicant may apply to the Court for further directions as to the parties to be served and the manner of service.

9. Unless otherwise ordered by the Court, notice to the electronic or print media who are registered as an “interested party” must be given by completing and submitting the notice prescribed in Form “A” on:

a. the Alberta Courts web site (www.albertacourts.ab.ca) and linking to Provincial Court – Criminal - Publication Bans (or Provincial Court – Criminal - Electronic filing of Notice of Application for Publication Ban (Practice Note & online form)). If such web site is not accessible, notice must be given by email or fax to media who have provided a fax number or an email address to the Clerk of the Court for the purpose of receiving such notice, and

b. at a place reserved for posting notice at the court location where the application will be made.

10. Access to the above website will be “by password only,” and such password(s) as may be required will be provided to members of the Law Society of Alberta in the manner directed by the Chief Judge, or his/her designate.

11. Any person or entity who is not a party to the proceedings, and who claims an interest in the proceedings must apply to the Court for standing to be heard at the application.


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Sealing / Unsealing Court Files

12. An application to seal the entire court file, or an application to set aside a sealing order, must be made to the Chief Judge, an Assistant Chief Judge, or their respective designate, who may make such directions as to the parties to be served, the time for and the manner of service of notice which, in their discretion, they determine to be appropriate.

DATED this 12th day of January, 2005.

The Honourable E.J.M. Walter Chief Judge of the Provincial Court of Alberta


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Provincial Court Practice Note “4” Provincial Court of Alberta

Notice to the Profession Courtroom Video Link Appearances

Use of Video Conference in Criminal Proceedings

Introduction

The Chief Judge of the Provincial Court of Alberta issues the hereinafter Video Link Practice Note to enhance the administration of justice. Commencing July 4th, 2006, video link shall be used at each of the following Court and Remand locations to conduct judicial interim release hearings, appearances, enter pleas, hear applications and receive submissions as provided by the following Criminal Code provisions in addition to such other matters as the presiding Judge may allow:

Sherwood Park Lethbridge Breton Taber Edmonton Criminal Fort Macleod Edmonton Youth Westlock High Level Pincher Creek Assumption Cardston Fort Vermilion Medicine Hat Fort McMurray Brooks Fort Chipewyan Red Deer Peace River Rimbey Fairview Rocky Mountain House Falher Stettler Red Earth Creek Drumheller Slave Lake Strathmore Wabasca/Desmarais Grande Prairie Ponoka Vermilion Valleyview Lloydminster Vegreville High Prairie Drayton Valley Wainwright Lac La Biche Leduc Boyle Camrose Evansburg Wetaskiwin Whitecourt St. Paul Hinton Bonnyville Edson Cold Lake Jasper Stony Plain Fort Saskatchewan Edmonton Young Offender Centre St. Albert Calgary Young Offender Centre Athabasca Edmonton Remand Centre Barrhead Calgary Criminal Morinville Calgary Youth


21

The Court shall (subject to the Court directing otherwise) require all persons in custody to appear in these locations by video link for:

a. judicial interim release hearings b. adjournment applications c. entry of elections and/or not guilty pleas and the scheduling of a

preliminary hearing or trial. At this time, persons in custody will not be required to appear by video link where:

a. the evidence of a witness will be taken at the hearing, or b. the Court is unable to conclude that the accused understands the

proceedings and can make voluntary decisions during the proceedings, or

c. the accused has filed a designation with the court (subject to other Court direction)

Guilty pleas may be entered and sentencing hearings conducted by video link with the consent of the Court and the parties.

Relevant Criminal Code Sections

1. To receive evidence of “vulnerable” witnesses s.486(2.11) and (2.2) s.(2.101) Testimony outside court room - Notwithstanding section 650, where an accused is charged with an offence referred to in subsection (2.102), the presiding judge or justice, as the case may be, may order that any witness testify

a. outside the court room, if the judge or justice is of the opinion that the order is necessary to protect the safety of the witness; and

b. outside the court room or behind a screen or other device that would allow the witness not to see the accused, if the judge or justice is of the opinion that the order is necessary to obtain a full and candid account from the witness.

s.486(2.11) Same procedure for opinion - Where the judge or justice is of the opinion that it is necessary for the complainant or witness to testify in order to determine whether an order under subsection (2.1) or (2.101) should be made in respect of that complainant or witness, the judge or justice shall order that the complainant or witness testify pursuant to that subsection. s.486(2.2) Condition of exclusion - A complainant or witness shall not testify outside the court room pursuant to subsection (2.1), (2.101) or (2.11) unless arrangements are made for the accused, the judge or justice and the jury to watch the testimony of the complainant or witness by means of closed-circuit television or otherwise, and the accused is permitted to communicate with counsel while watching the testimony.


22

2. Judicial interim release hearings Unless otherwise arranged by counsel, persons in custody who have filed a designation of counsel under s. 650.01 (1) are not required to appear by video link unless otherwise directed by the Court. Where a designation is not filed, then persons in custody shall appear by video link for judicial interim release applications. s.515(2.2) and (2.3) s.515(2.2) Alternative to physical presence - Where, by this Act, the appearance of an accused is required for the purposes of judicial interim release, the appearance shall be by actual physical attendance of the accused but the justice may, subject to subsection (2.3), allow the accused to appear by means of any suitable telecommunication device, including telephone, that is satisfactory to the justice. s.515(2.3) Where consent required - the consent of the prosecutor and the accused is required for the purposes of an appearance if the evidence of a witness is to be taken at the appearance and the accused cannot appear by closed-circuit television or any other means that allow the court and the accused to engage in simultaneous visual and oral communication.

3. Preliminary Inquiries s.537(j), (j.1) and (k) s.537(j) Where the prosecutor and the accused so agree, permit the accused to appear by counsel or by closed-circuit television or any other means that allows the court and the accused to engage in simultaneous visual and oral communication, for any part of the inquiry other than a part in which the evidence of a witness is taken. s.537(j.1) Permit, on the request of the accused, that the accused be out of court during the whole or any part of the inquiry on any conditions that the justice considers appropriate; and s.537(k) For any part of the inquiry other than a part in which the evidence of a witness is taken require an accused who is confined in prison to appear by closed-circuit television or any other means that allow the court and the accused to engage in simultaneous visual and oral communication, if the accused is given the opportunity to communicate privately with counsel, in a case in which the accused is represented by counsel.

4. Entering of Plea s.606(5) s.606(5) Video links - For greater certainty, subsections 650(1.1) and (1.2) apply, with any modifications that the circumstances require, to pleas under this section if the accused has agreed to use a means referred to in those subsections.

5. To facilitate appearances by designated counsel and the prosecutors s.650 (.01), (.02), (1.1) and (1.2)


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s.650.01(1) Designation of counsel of record - An accused may appoint counsel to represent the accused for any proceedings under this Act by filing a designation with the court. s.650.01(2) Contents of designation - The designation must contain the name and address of the counsel and be signed by the accused and the designated counsel. s.650.01(3) Effect of designation - If a designation is filed,

(a) the accused may appear by the designated counsel without being present for any part of the proceedings, other than

(i) a part during which oral evidence of a witness is taken, (ii) a part during which jurors are being selected, and (iii) an application for a writ of habeas corpus; (b) an appearance by the designated counsel is equivalent to the accused’s

being present, unless the court orders otherwise; and (c) a plea of guilty may be made, and a sentence may be pronounced, only

if the accused is present, unless the court orders otherwise. s.650.01(4) When court orders presence of accused - If the court orders the accused to be present otherwise than by appearance by the designated counsel, the court may

(a) issue a summons to compel the presence of the accused and order that it be served by leaving a copy at the address contained in the designation; or

(b) issue a warrant to compel the presence of the accused. s.650.02 Technological appearance - The prosecutor or the counsel designated under section 650.01 may appear before the court by any technological means satisfactory to the court that permits the court and all counsel to communicate simultaneously. s.650(1.1) Video links - Where the court so orders, and where the prosecutor and the accused so agree, the accused may appear by counsel or by closed-circuit television or any other means that allow the court and the accused to engage in simultaneous visual and oral communication, for any part of the trial other than a part in which the evidence of a witness is taken. s.650(1.2) Video links - Where the court so orders, an accused who is confined in prison may appear by closed-circuit in prison television or any other means that allow the court and the accused to engage in simultaneous visual and oral communication, for any part of the trial other than a part in which the evidence of a witness is taken, if the accused is given the opportunity to communicate privately with counsel, in a case in which the accused is represented by counsel. s.650(2) Exceptions - The court may

(a) cause the accused to be removed and to be kept out of court, where he misconducts himself by interrupting the proceedings so that to continue the proceedings in his presence would not be feasible;


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(b) permit the accused to be out of court during the whole or any part of his trial on such conditions as the court considers proper; or

(c) cause the accused to be removed and to be kept out of court during the trial of an issue as to whether the accused is unfit to stand trial, where it is satisfied that failure to do so might have an adverse effect on the mental condition of the accused.

6. To receive evidence of any witness s.714.1 to s.714.8 s.714.1 Video links, etc. - witness in Canada - A court may order that a witness in Canada give evidence by means of technology that permits the witness to testify elsewhere in Canada in the virtual presence of the parties and the court, if the court is of the opinion that it would be appropriate in all the circumstances, including

(a) the location and personal circumstances of the witness; (b) the costs that would be incurred if the witness had to be physically

present; and (c) the nature of the witness’ anticipated evidence.

s.714.2(1) Video links, etc. - witness outside Canada - A court shall receive evidence given by a witness outside Canada by means of technology that permits the witness to testify in the virtual presence of the parties and the court unless one of the parties satisfied the court that the reception of such testimony would be contrary to the principles of fundamental justice. s.714.2(2) Notice - A party who wishes to call a witness to give evidence under subsection (1) shall give notice to the court before which the evidence is to be given and the other parties of their intention to do so not less than ten days before the witness is scheduled to testify. s.714.3 Audio evidence - witness in Canada - The court may order that a witness in Canada give evidence by means of technology that permits the parties and the court to hear and examine the witness elsewhere in Canada, if the court is of the opinion that it would be appropriate, considering all the circumstances including

(a) the location and personal circumstances of the witness; (b) the costs that would be incurred if the witness had to be physically

present; (c) the nature of the witness’ anticipated evidence; and (d) any potential prejudice to either of the parties caused by the fact that

the witness would not be seen by them. s.714.4 Audio evidence - witness outside Canada - The court may receive evidence given by a witness outside Canada by means of technology that permits the parties and the court in Canada to hear and examine the witness, if the court is of the opinion that it would be appropriate, considering all the circumstances including

(a) the nature of the witness’ anticipated evidence; and


25 July, 2011

(b) any potential prejudice to either of the parties caused by the fact that the witness would not be seen by them.

s.714.5 Oath or affirmation - The evidence given under section 714.2 or 714.4 shall be given

(a) under oath or affirmation in accordance with Canadian law; (b) under oath or affirmation in accordance with the law in the place in

which the witness is physically present; or (c) in any other manner that demonstrates that the witness understands that

they must tell the truth. s.714.6 Other laws about witnesses to apply - When a witness who is outside Canada gives evidence under section 714.2 or 714.4, the evidence is deemed to be given in Canada, and given under oath or affirmation in accordance with Canadian law, for the purposes of the laws relating to evidence, procedure, perjury and contempt of court. s.714.7 Costs of technology - A party who wishes to call a witness to give evidence by means of the technology referred to in section 714.1, 714.2, 714.3 or 714.4 shall pay any costs associated with the use of the technology. s.714.8 Consent - Nothing in sections 714.1 to 714.7 is to be construed as preventing a court from receiving evidence by means of the technology referred to in sections 714.1 to 714.4 if the parties so consent.

The equipment being installed will provide for simultaneous video and oral communication for all parties. Counsel will be advised of the following installations at those Remand Facilities and Court locations that are not included above, by an addendum to this Practice Note as they enter the system.

1. The Calgary Remand Centre will be brought on line in the Fall, 2006. 2. Remand Centres at Lethbridge, Medicine Hat, Red Deer, Grande Prairie and Peace River, with Calgary Corrections and Edmonton Corrections notice of the time of such locations coming on line will be sent to counsel as the completion schedules for these locations become known. 3. Court locations not included in the hereinbefore list.

Reviews of this program will be undertaken from time to time. These reviews will consider adjustments necessary to ensure the system provides the needs of the users of the system. DATED this 20th day of June 2006 The Honourable A.G. Vickery Chief Judge of the Provincial Court of Alberta


26 July, 2011

Provincial Court Practice Directive Conflicts – Counsel Acting for More Than One Defendant

March 16, 2011 Commencing immediately, if Counsel intends to act for more than one defendant in a single prosecution, Counsel will be expected to satisfy the Court that to act for co-defendants would not impair the administration of justice. More specifically, the following practices will apply in all such cases. 1. At an early stage in the proceedings and before any hearing date is

scheduled, the issue of conflict should be expressly addressed on the record, in the presence of the defendants.

2. If the issue of conflict is not raised by the Court, it should be expressly raised and addressed by Counsel.

3. At a minimum, Counsel will be expected to confirm that each defendant has received independent legal advice, is aware of the impact that this practice has on each defendant's privilege, is aware that if an actual conflict materializes the lawyer will not be able to continue to act and that each defendant has provided Counsel with his or her written and informed consent to the same lawyer acting for more that one defendant.

4. Crown Counsel will be expected to advise the Court whether, based on the complexion of the case, there is any material risk to the integrity of the proceedings should one counsel act for more than one defendant. Crown Counsel will be expected to identify the nature and extent of any risk to the administration of justice, including any differences in the defendants' legal position based on the Crown theory.

5. The Court's assessment of risk to the court process will take into account the respective positions of Counsel but the ultimate determination will be that of the Court. The Court will be guided by the need to protect the integrity of the court process.

6. If a summary determination of the conflict issue can be made, there will be no need for a conflict hearing. If a summary determination cannot be made, the Court may set a date for a more comprehensive ‘conflict hearing', including an assessment of the effectiveness of any client consent, recognizing that a criminal prosecution is an evolving process and a defendant's consent may be of minimal assistance in mitigating the risk to the administration of justice.

7. Nothing in this Directive requires Counsel to divulge any confidential or privileged information. It is expected that Counsel will not divulge any confidential or privileged information without express instructions from the client.


27 July, 2011

8. This Directive does not prohibit multi-party representation in criminal proceedings. Rather it recognizes the risks inherent in such a practice and seeks to ensure that those risks, and potential risks, are identified, addressed and, if necessary, resolved at an early stage.

The Honourable A.G. Vickery Chief Judge of the Provincial Court of Alberta

Alberta Rules of Court Provincial Court Family Law Act Volume 2 Procedures Regulation

1 September, 2016



Family Law Act PROVINCIAL COURT PROCEDURES

(FAMILY LAW) REGULATION

Table of Contents

1 Application 2 Initiating a claim 3 Service of claim documents 4 Respondent’s response 5 Service of response documents 6 Response to respondent’s request for additional order 7 Failure of respondent to comply with Regulation 8 Hearing 9 Appeal 10 Costs of action 11 Duty of lawyer 12 Address for service 13 Manner of service 14 Disclosure of financial information 15 Coming into force

Application 1(1) In this Regulation,

(a) “Act” means the Family Law Act; (b) “Court” means the Provincial Court; (c) “file” means to file with the clerk of the Provincial Court.

(2) For the purposes of the Act and the regulations made under the Act, “party” means, in respect of an application under the Act, any one or more of the following:

(a) a person named as an applicant or a respondent in the application; (b) a person identified in any enactment as a party to the application;


2 September, 2016

(c) a public official, including the Director acting under Part 5 of the Income and Employment Supports Act, who pursuant to any enactment has the right to commence, defend, intervene in or take any step in respect of the application and exercises that right;

(d) a person added as a party by the court hearing the application.

(3) Except for the form referred to in section 14(2), the forms to be used for the purposes of this Regulation are Forms FL-10 to FL-12, FL-34 to FL-53 and FL-57 to FL-75 as set out in Schedule A, Division 2 of the Alberta Rules of Court (AR 124/2010).

(4) Repealed AR 166/2010 s2. AR 149/2005 s1;166/2010

Initiating a claim 2(1) The applicant for an order described in Parts 1 to 4 of the Act must file a claim in Form FL-10 that sets out the order being applied for.

(2) The applicant may ask the Court to grant more than one order, using only one claim form.

(3) Evidence in support of the claim may be provided by filing one or more statements in Forms FL-34 to FL-53 or an affidavit, or both.

(4) If a statement or affidavit is filed to support a claim, the statement or affidavit must be confined to

(a) a statement of facts within the personal knowledge of the person swearing the statement or affidavit, and

(b) any other evidence that the person swearing the statement or affidavit could give at trial.

AR 149/2005 s2;166/2010

Service of claim documents 3(1) The applicant must serve each person named in the claim as a respondent, and each person who is required by the Act to be served, with a copy of the documents filed under section 2.

(2) The documents referred to in subsection (1) (a) must be served by leaving a copy of the documents with the individual

being served and not with the individual’s lawyer of record, if any, and (b) must be served (i) 20 days or more before the date set out in the claim if service is

effected in Alberta,


3 December, 2010

(ii) one month or more before the date set out in the claim if service is effected outside Alberta but within Canada, and

(iii) 2 months or more before the date set out in the claim if service is effected outside Canada.

AR 149/2005 s3;166/2010

Variation of time periods 3.1 The Court may extend or shorten a time period specified in this Regulation.

AR 166/2010 s5

Respondent’s response 4(1) A respondent who wishes to respond to the applicant’s claim must file a response in Form FL-11 and may provide evidence in support of the response by filing one or more reply statements in Forms FL-57 to FL-75 or an affidavit, or both.

(2) The response may include a request that the Court grant one or more additional orders and, in that event, evidence in support of the request may be provided by filing one or more statements in Forms FL-34 to FL-53 or an affidavit, or both.

(3) If a statement, reply statement or affidavit is filed to support a response, the statement, reply statement or affidavit must be confined to

(a) a statement of facts within the personal knowledge of the person swearing the statement, reply statement or affidavit, and

(b) any other evidence that the person swearing the statement, reply statement or affidavit could give at trial.

AR 149/2005 s4;166/2010

Service of response documents 5(1) The respondent must serve the applicant and any other party with a copy of the documents filed under section 4.

(2) The documents referred to in subsection (1) must be served within a reasonable time before the date set out in the claim, but anything less than 10 days’ notice will be presumed to be prejudicial to any person entitled to be served.

AR 149/2005 s5;166/2010


4 December, 2010

Response to respondent’s request for additional order 6(1) Any party who wishes to respond to the respondent’s request that the Court grant one or more additional orders may file one or more reply statements in Forms FL-57 to FL-75 or an affidavit, or both.

(2) If a reply statement or affidavit is filed under subsection (1), the reply statement or affidavit must be confined to

(a) a statement of facts within the personal knowledge of the person swearing the reply statement or affidavit, and

(b) any other evidence that the person swearing the reply statement or affidavit could give at trial.

(3) The documents referred to in subsection (1) must be served within a reasonable time before the date set out in the claim, but anything less than 5 days’ notice will be presumed to be prejudicial to the person entitled to be served.

AR 149/2005 s6;166/2010

New Evidence 6.1(1) In this section, “new evidence” means evidence that was not available to a party at the time when the party filed and served the party’s statement or reply statement, as the case may be.

(2) If, subsequent to filing and serving a statement or reply statement, a party wishes to rely on new evidence when the claim is heard or considered, the party must file an update statement in Form FL-79, or an affidavit, containing the new evidence.

(3) The party must serve the party’s update statement or affidavit, as the case may be, on each person named as an applicant or respondent in the claim, and any other person required by the Family Law Act to be served, within a reasonable time before the date set out in the claim.

AR 166/2010 s9

Appearance before the Court 7 Where the respondent attends at the Court for the hearing, the Court may, whether or not the respondent has complied with this Regulation,

(a) decide all or part of the matter on an interim or final basis, (b) adjourn all or part of the matter to a later date, or (c) set all or part of the matter down for a short oral hearing or trial,


5 September, 2016

and the Court may give any direction and grant any interim or procedural order that the Court considers appropriate.

AR 149/2005 s7;166/2010

Electronic hearings 8(1) In this section, “electronic hearing” means an application, proceeding or trial conducted, in whole or in part, by electronic means in which all the participants in a hearing and the Court can hear each other, whether or not all or some of the participants can see each other or are in each other’s presence.

(2) An electronic hearing may be held if. (a) the parties agree and the Court so permits, or (b) on application, the Court orders an electronic hearing.

(3) The Court may (a) direct that an application for an electronic hearing be heard by

electronic hearing, (b) direct that an application or a trial be heard in whole or in part by

electronic hearing, (c) give directions about arrangements for the electronic hearing or

delegate that responsibility to another person, (d) give directions about the distribution of documents and the practice and

procedure at the electronic hearing, or (e) order that an electronic hearing be completed in person.

(4) The clerk must participate in an electronic hearing unless the Court otherwise directs.

(5) An oath may be administered by electronic means. AR 149/2005 s8;166/2010

Appeal 9(1) Subject to subsection (2), a party may appeal to the Court of Queen’s Bench any decision of the Court.

(2) A party must apply to the Provincial Court for permission to appeal under subsection (1) where the decision to be appealed

(a) is a consent order or judgment, or (b) on application, the Court orders an electronic hearing.

AR 149/2005 s9;85/2016


6 September, 2016

Costs of action 10(1) Subject to subsection (2) and any other enactment, the Court may at any time in any proceeding before it, on any conditions it considers appropriate, award costs in respect of any matter under the Act.

(2) The Court may not award costs under subsection (1) against a director under the Child, Youth and Family Enhancement Act.

Duty of lawyer 11(1) A lawyer who is required to provide a statement that the lawyer has complied with section 5(1) of the Family Law Act must do so by filing a certificate in Form FL-12.

(2) Subsection (1) does not apply where the lawyer is legal counsel for a director under an enactment.

AR 149/2005 s11;166/2010

Address for service 12(1) The address for service of a party who is not represented by a lawyer of record and is not required to be served in accordance with section 3(2)(a) is the most recent of

(a) an address provided to the Court and all other parties by the individual in writing,

(b) an address provided on the record during a Court appearance, and (c) the address provided in the most recently filed document in the

proceeding.

(2) Where any party is represented by a lawyer, that party’s address for service is the lawyer’s address, as provided in the certificate referred to in section 11 or as otherwise provided in writing

AR 149/2005 s12;166/2010

Manner of service 13(1) In this section,

(a) “electronic” and “electronic agent” have the same meanings as they have in the Electronic Transactions Act;

(b) “recorded mail” means a form of document delivery by mail or courier in which receipt of the document must be acknowledged in writing.

(2) All documents except those required to be served under section 3(2)(a) may be served in accordance with this section.


7 December, 2010

(3) A document may be served by an electronic method on a person who has specifically provided an address to which information or data in respect of an action may be transmitted if the document is sent to the person at the specified address and

(a) the electronic agent receiving the document at that address receives the document in a form that is usable for subsequent reference, and

(b) the sending electronic agent obtains or receives a confirmation that the transmission to the address of the person to be served was successfully completed.

(4) Service is effected under subsection (3) when the sending electronic agent obtains or receives confirmation of the successfully completed transmission.

(5) A document may be served on a party in Alberta by being sent by recorded mail, addressed to the party at the address for service provided in the most recently filed document in the action.

(6) Service is effected under subsection (5) on the earlier of (a) the date acknowledgment of receipt is signed, and (b) 7 days after the date on which the recorded mail is sent.

(7) If, in an agreement that is the subject of an action, the parties agree on (a) a place for service, (b) a mode of service, or (c) a person on whom service may be effected,

service of a document may be made in accordance with the agreement, and service is effected when so made.

(8) An agreed method of service described in subsection (7) that applies outside Alberta must comply with rule 11.26 of the Alberta Rules of Court (AR 124/2010).

(9) An agreement about service of documents under subsection (7) does not invalidate the service of a document that otherwise complies with this section.

AR 149/2005 s13;166/2010

Disclosure of financial information 14(1) Where a written request for financial information has been made under section 65(1) or (4) of the Act, that information shall be provided within one month after the request is received.

(2) A written request for financial information referred to in subsection (1) may be made in the Form set out in the Schedule to this Regulation.


8 December, 2010

(3) For the purposes of section 65(1) and (4) of the Family Law Act, the following documents may be requested under this section:

(a) with respect to an application or order for child support, those documents listed in section 21(1) of the Alberta Child Support Guidelines (AR 147/2005);

(b) with respect to an application or order for spousal support or adult interdependent partner support, those documents listed in section 4(1) of the Family Law Act General Regulation (AR 148/2005).

AR 149/2005 s14;166/2010

Coming into force 15 This Regulation comes into force on the date the Family Law Act is proclaimed in force.


9 December, 2010

Schedule

Form (section 14)

Clerk’s stamp:

COURT FILE NUMBER PROVINCIAL COURT OF ALBERTA COURT LOCATION APPLICANT(S) RESPONDENT(S) DOCUMENT REQUEST FOR FINANCIAL INFORMATION


Notice to party requesting disclosure: Carefully review the list of items that may be requested, and only check those items that are relevant to the particular proceedings.

You are hereby required to provide the documents checked below to the party requesting disclosure, at the address for service provided above, within one month of receiving this Request for Financial Information. If you do not, the Court may make an order against you, which may include an order for the payment of support in an amount the Court considers appropriate, an order for you to provide the information, or an order for someone else (for example your employer) to provide the information. You may also be ordered to pay costs.

□ 1 A copy of every personal income tax return you have filed for each of the 3 most recent taxation years. If you have not filed a tax return, you must provide copies of your T4, T4A and all other relevant tax documents and any other statements or documents that disclose your sources of income for that year.

□ 2 A copy of every Notice of Assessment and Re-assessment issued by the Canada Revenue Agency for each of the 3 most recent taxation years, or a copy of the Canada Revenue Agency printout of your last 3 years’ income tax returns.


10 December, 2010

□ 3 If you are an employee, a copy of your 3 most recent statement of earnings indicating your total earnings paid year to date, including overtime, or where such a statement is not provided by your employer, a letter from your employer setting out that information, including your rate of annual salary or remuneration.

□ 4 If you receive income from employment insurance, income assistance, a pension, workers’ compensation, disability payments, or any other source, the most recent statement of income showing the total income from the applicable source during the current year or, if a statement is not provided, a letter from the appropriate authority giving the required information.

□ 5 If you are a student, a statement indicating the total amount of student funding you have received during the current academic year, including loans, grants, bursaries, scholarships and living allowances.

□ 6 If you are self-employed:

(a) the financial statements of your business or professional practice for the 3 most recent taxation years;

(b) a statement showing a breakdown of all salaries, wages, management fees, other payments or benefits paid to you or to persons or corporations with whom you do not deal at arm’s length for the 3 most recent taxation years;

(c) particulars or copies of every cheque issued to you during the last 6 weeks from any business or corporation in which you have an interest or to which you have provided a service.

□ 7 If you are a partner in a partnership, confirmation of your income and draws from the partnership and confirmation of the capital in the partnership for its 3 most recent taxation years.

□ 8 If you have a 1% or more interest in a privately held corporation:

(a) the financial statements of the corporation and its subsidiaries for its 3 most recent taxation years;

(b) a statement showing a breakdown of all salaries, wages, management fees or other payments or benefits paid to you or to persons or corporations with whom the corporation, and every related corporation, does not deal at arm’s length for the corporation’s 3 most recent taxation years;

(c) a record showing your shareholder’s loan transaction for the past 12 months.


11 December, 2010

□ 9 If you are a beneficiary under a trust, a copy of the trust settlement agreement and copies of the trust’s 3 most recent financial statements.

□ 10 Copies of all statements and cancelled cheques for all bank accounts solely or jointly in your name for the most recent 6 months.

□ 11 Copies of credit card statements for all credit cards solely or jointly in your name for the most recent 6 months.

□ 12 Where child support is an issue, a detailed list of any special or extraordinary expenses claimed as well as copies of receipts or other documentation providing the amount of those expenses, namely:

(a) child care costs; (b) health care costs and extended medical and dental insurance

premiums attributable to the child; (c) uninsured health care and dental expenses; (d) extraordinary educational expenses; (e) post-secondary educational expenses; (f) extraordinary extracurricular expenses;

□ 13 If this is a claim for spousal or adult interdependent partner support, your monthly budget of expenses (form available).

□ 14 A sworn itemized list of all of your sources of income as well as your assets and liabilities.

□ 15 Copies of your most recent statement for all R.R.S.P.s, pensions, term deposit certificates, guaranteed investment certificates and other investments in your name or in which you have an interest.

Dated Signature

at , Alberta.

Applicant/Applicant’s Lawyer/Respondent/

Respondent’s Lawyer (specify) AR 166/2010 s16

Alberta Rules of Court Provincial Court Family Law Act Volume 2 Intake and Caseflow Management Regulation

12 December, 2010


Family Law Act Provincial Court Act

INTAKE AND CASEFLOW MANAGEMENT REGULATION

Table of Contents

1 Definitions 2 Starting an application 3 Scheduling a caseflow conference 4 Caseflow conference may precede respondent’s response 5 Attendance at caseflow conference 6 Service on and attendance of director 7 Non attendance by applicant or respondent 8 Caseflow conference 9 Adjournments 10 Scheduling of judicial dispute resolution conferences 11 Tracking applications 12 Collection and disclosure of information 13 Exemption 14 Forms 15 Impartiality 16 Non confidentiality 17 Applicable districts and facilities 18 Repeal 19 Coming into force

Definitions 1 In this Regulation,

(a) “application” means an application to the Court (i) for an order under the Family Law Act respecting parenting,

guardianship, contact with a child or enforcement of time with a child, or

(ii) under the Extra-provincial Enforcement of Custody Orders Act respecting the enforcement or variation of a custody order or the making of a custody order;


13 December, 2010

(b) “caseflow conference” means a conference that has been scheduled between a caseflow coordinator and the applicant and the respondent, and their legal counsel, if any, to explore settlement options, facilitate settlement and facilitate the applicant’s and respondent’s access to the Court;

(c) “caseflow coordinator” means a coordinator of the Court’s intake and caseflow management program;

(d) “Court” means the Provincial Court; (e) “director” means a person designated as a director under the Child,

Youth and Family Enhancement Act; (f) “intake counsellor” means an employee of the Government of Alberta

who is a family court counsellor.

Starting an application 2(1) Before filing an application with the clerk of the Court, an applicant who is not represented by legal counsel must consult with an intake counsellor about options and possible referrals.

(2) Before filing an application with the clerk of the Court, legal counsel for the applicant must inform the applicant of the option to schedule a caseflow conference.

(3) A respondent who wishes to respond to an application may consult with an intake counsellor about options and possible referrals.

Scheduling a caseflow conference 3(1) On filing an application, the clerk of the Court must schedule a caseflow conference to occur prior to a Court hearing

(a) in each case where the applicant is not represented by legal counsel, and

(b) where the applicant is represented by legal counsel, if the applicant requests it.

(2) A caseflow coordinator may waive the requirement to schedule a caseflow conference if, in the opinion of the caseflow coordinator, it is appropriate for the application to proceed directly to a Court hearing.

(3) Where the clerk has scheduled a caseflow conference, the applicant must serve a notice of the date, time and location of the caseflow conference on the same persons who are to be served with the application to which the caseflow conference relates in the same manner as that application is to be served.


14 December, 2010

Caseflow conference may precede respondent’s response 4 The caseflow conference may proceed before the respondent has filed and served a response to the application pursuant to the Provincial Court Procedures (Family Law) Regulation.

Attendance at caseflow conference 5(1) The applicant and the respondent must attend the caseflow conference and may attend with or without legal counsel.

(2) Any other person served under section 3(3) may attend the caseflow conference or portions that are relevant to that person.

(3) In addition to the persons served under section 3(3), the following may attend the caseflow conference:

(a) legal counsel; (b) intake counsellor; (c) any other person at the discretion of the caseflow coordinator.

Service on and attendance of director 6(1) Where the application relates to a child who is in the custody or comes under the custody of a director, the applicant must serve the director with notice of the date, time and location of the caseflow conference.

(2) A director served under subsection (1) is not required to attend the caseflow conference but may make submissions in writing or otherwise to the caseflow coordinator.

Non-attendance by applicant or respondent 7(1) Where a caseflow conference has been scheduled and the applicant does not attend, the caseflow coordinator must notify the clerk of the Court that the applicant did not attend and the application may be recorded as having been abandoned.

(2) Where a caseflow conference has been scheduled and a respondent who has been served under section 3(3) does not attend,

(a) the caseflow coordinator (i) must notify the clerk of the Court that the respondent did not

attend, (ii) must inform the clerk of the Court whether the respondent

indicated in writing agreement or disagreement with the order or orders applied for, and


15 December, 2010

(iii) may arrange for the preparation of a form of order for the Court’s consideration or arrange for the applicant to proceed directly to a Court hearing without further notice to the respondent,

and (b) the Court may make an order without further notice to the respondent.

Caseflow conference 8(1) When a caseflow conference proceeds with the applicant and respondent in attendance, the caseflow coordinator must offer to assist them to explore options and review documentation required for the application to proceed and inform them of the process to be followed.

(2) Where the issues are resolved, the caseflow coordinator may arrange for the preparation of a form of consent order and forward it to the Court for its decision.

(3) Where the issues are not resolved, the caseflow coordinator (a) may, with the consent of the applicant and respondent, refer them to

mediation, to an intake counsellor or to other agencies, as appropriate, or

(b) may assist the applicant and respondent to consider their options, including judicial dispute resolution and a Court hearing.

(4) Where the issues are not resolved and the applicant and respondent do not agree on subsequent proceedings, the caseflow coordinator shall refer them to a Court hearing.

Adjournments 9(1) Where a caseflow conference has been scheduled, the caseflow coordinator may adjourn it to another time and place or indefinitely.

(2) The caseflow coordinator may request that the clerk of the Court adjourn a hearing to another time and place or indefinitely

(a) if the applicant consents to the adjournment and the respondent has not been served with notice of the Court hearing, or

(b) if the respondent has been served with notice of the Court hearing, and the applicant and the respondent consent to the adjournment.

Scheduling of judicial dispute resolution conferences 10 The caseflow coordinator may schedule a judicial dispute resolution conference when the caseflow coordinator considers it appropriate and if the applicant and the respondent consent.


16 December, 2010

Tracking applications 11 The caseflow coordinator must monitor the progress of an application through the proceedings referred to in this Regulation.

Collection and disclosure of information 12(1) The caseflow coordinator may collect the following information for the purpose of evaluation respecting this Regulation:

(a) demographic information contained in the application or in a court document relating to the application;

(b) contact information for the applicant and the respondent and their legal counsel, if any.

(2) Information collected under this section may be disclosed in a summary or statistical form.

Exemption 13(1) Notwithstanding anything in this Regulation, the applicant or the respondent may apply to the Court, on giving at least 2 days’ notice to the other party, for an order exempting the applicant or respondent from the requirement to comply with all or part of this Regulation, and the Court may exempt the applicant or respondent if the Court considers that there is good and sufficient reason to do so.

(2) The Court may waive the requirement to give at least 2 days’ notice.

Forms 14 All documents filed under this Regulation must be in a form satisfactory to the Court.

Impartiality 15(1) A caseflow coordinator must act impartially.

(2) Neither the applicant nor the respondent may call the caseflow coordinator as a witness to testify on that person’s behalf in any proceedings before the Court respecting the caseflow conference.

Non-confidentiality 16 A caseflow conference is not confidential.


17 December, 2010

Applicable districts and facilities 17 This Regulation applies in respect of a judicial district or a Court facility only if the chief judge of the Court has designated that district or facility for the purposes of this Regulation.

Repeal 18 The Intake and Caseflow Management Rules (AR 163/2001) are repealed.

Coming into force 19 This Regulation comes into force on the date the Family Law Act is proclaimed in force.

Alberta Rules of Court Provincial Court Volume 2 Constitutional Notice Regulation

1 September, 2012




CONSTITUTIONAL NOTICE REGULATION

Notice of constitutional remedy

1(1) Unless a notice has been given under section 24 of the Judicature Act, if in a proceeding in the Provincial Court relating to the prosecution of an offence under an Act of the Legislature or an Act of the Parliament of Canada, an application is to be made to seek

(a) a remedy under section 24(1) or (2) of the Canadian Charter of Rights and Freedoms or under section 52(1) of the Constitution Act, 1982, or

(b) a determination of any aboriginal or treaty rights under section 35 of the Constitution Act, 1982,

a written notice of the application must be given.

(2) A notice must be given not less than 14 days before the date on which the proceeding is scheduled to commence unless the prosecutor agrees to a shorter period of time.

(3) The notice must be given (a) to the clerk of the Provincial Court, and (b) to the office of the prosecutor having carriage of the proceeding.

(4) The notice must state (a) the law in question, the right or freedom alleged to be infringed or

denied or the aboriginal or treaty right to be determined, as the case may be,

(b) the day and place on which the application is to be argued, (c) the relief sought, and (d) the grounds to be argued, including a concise statement of the

constitutional principles to be argued and a reference to any statutory provision or rule on which reliance will be placed.

(5) If a notice under section 24 of the Judicature Act or a notice under this section is given, the proceeding is to be heard by a judge of the Provincial Court.

Alberta Rules of Court Provincial Court Volume 2 Constitutional Notice Regulation

2 September, 2012

(6) Where a notice under section 24 of the Judicature Act has not been given in accordance with that Act or a notice under this section has not been given within the time provided under subsection (2) but the notice is given after the proceeding has commenced, if the proceeding is presided over by a justice of the peace, the justice of the peace

(a) may continue to conduct the proceeding notwithstanding section 3(2) of the Justice of the Peace Regulation (AR 6/99) or may transfer the proceeding to a judge of the Provincial Court, and

(b) notwithstanding clause (a), must transfer the proceeding to a judge of the Provincial Court if requested by the prosecutor or the accused.

AR 102/99 s1;251/2001;110/2012

Coming into force

2 This Regulation comes into force on September 1, 1999.

Alberta Rules of Court Volume 2 Winding-up Rules

Part 57 1 July, 2013

Part 57

Part 57 repealed by the judges of the Court of Queen's Bench effective October 1, 2012 pursuant to section 136 of the Winding-up and Restructuring Act (Canada).

Alberta Rules of Court Local Authorities Election Act Volume 2 Rules as to Practice and Procedure in Controverted Elections

Part 58 1

Part 58 Rules as to Practice and Procedure in Controverted Elections under the Local Authorities Election Act

Court of Queen’s Bench practice

813 The practice upon proceedings under the Local Authorities Election Act, where not provided for by the Act shall be governed by the practice for similar proceedings in the Court of Queen’s Bench.

AR 390/68 s813;338/83;155/84

Costs

814 The costs to be allowed for the proceedings shall be those allowed under Part 47.

AR 390/68 s814;338/83;101/99

Forms

815 The following form or forms to the like effect shall be used:

FORMS I. Title

All proceedings shall be intituled as follows:

“In the Court of Queen’s Bench of Alberta Judicial District of ......................... “In the matter of a controverted election pursuant to the Local Authorities Election Act.

A.B. ...................................., Applicant

VS.

“C.D. (the person whose election is contested). Respondent.”

Alberta Rules of Court Local Authorities Election Act Volume 2 Rules as to Practice and Procedure in Controverted Elections

Part 58 2

II. Recognizance (Formal part as above)

We, A.B. (the Applicant) and E.F. and G.H. (the sureties) acknowledge that we owe our Sovereign Lady the Queen, her heirs and successors, the following sums, viz.: I and the said A.B. the sum of $200 and we the said E.F. and G.H. each the sum of $100 of good and lawful current money of Canada upon the condition hereinafter stated:

Whereas the said A.B. has made application for leave to serve a notice of motion in the nature of a quo warranto upon C.D., a member of the elected authority of ....... to determine the right of the said C.D. to his seat as such member; If, therefore, the said A.B. do prosecute the said motion with effect and do pay to the said C.D. any costs which may be adjudged to him against the said A.B. then this recognizance to be void, otherwise to stand in full force and virtue.

Taken and acknowledged before me this ...........................day of ................................., 19......

(Judge or Commissioner, as the case may be.)

I, E.F., one of the sureties named in the foregoing (or annexed, or as the case may be) recognizance, make oath and say:

That I am possessed of property situate in the Province of Alberta which is not exempt from seizure under the Civil Enforcement Act of the value of at least ........................ dollars over and above what will pay all my just debts and all other sums for which I am surety.

Sworn before me at the .......…......... of ............................. in the Province of Alberta this ..........…..............…... day of ......................…......., 19.….... ...........................................…..…...... A Commissioner &c.

AR 390/68 s815;338/83;155/84;277/95

Alberta Rules of Court Volume 2 Judgment Interest Regulation

1 February, 2020



Judgment Interest Act JUDGMENT INTEREST REGULATION

Calculation of interest 1 For the purposes of section 4 of the Judgment Interest Act,

(a) the interest rate from January 1, 1993 to December 31, 1993 is prescribed at 6% per year;

(b) the interest rate from January 1, 1994 to December 31, 1994 is prescribed at 4.5% per year;

(c) the interest rate from January 1, 1995 to December 31, 1995 is prescribed at 5.25% per year;

(d) the interest rate from January 1, 1996 to December 31, 1996 is prescribed at 5.5% per year;

(e) the interest rate from January 1, 1997 to December 31, 1997 is prescribed at 3.5% per year;

(f) the interest rate from January 1, 1998 to December 31, 1998 is prescribed at 3.5% per year;

(g) the interest rate from January 1, 1999 to December 31, 1999 is prescribed at 4% per year;

(h) the interest rate from January 1, 2000 to December 31, 2000 is prescribed at 6.25% per year;

(i) the interest rate from January 1, 2001 to December 31, 2001 is 6.25% per year;

(j) the interest rate from January 1, 2002 to December 31, 2002 is prescribed at 5.25% per year;

(k) the interest rate from January 1, 2003 to December 31, 2003 is prescribed at 4.5% per year;

(l) the interest rate from January 1, 2004 to December 31, 2004 is prescribed at 3.75% per year;

(m) the interest rate from January 1, 2005 to December 31, 2005 is prescribed at 3.40% per year;

Alberta Rules of Court Volume 2 Judgment Interest Regulation

2 February, 2020

(n) the interest rate from January 1, 2006 to December 31, 2006 is prescribed at 3.50% per year;

(o) the interest rate from January 1, 2007 to December 31, 2007 is prescribed at 4% per year;

(p) the interest rate from January 1, 2008 to December 31, 2008 is prescribed at 4.25% per year;

(q) the interest rate from January 1, 2009 to December 31, 2009 is prescribed at 2.75% per year;

(r) the interest rate from January 1, 2010 to December 31, 2010 is prescribed at 0.825% per year;

(s) the interest rate from January 1, 2011 to December 31, 2011 is prescribed at 1.85% per year;

(t) the interest rate from January 1, 2012 to December 31, 2012 is prescribed as 1.20% per year;

(u) the interest rate from January 1, 2013 to December 31, 2013 is prescribed at 1.40% per year;

(v) the interest rate from January 1, 2014 to December 31, 2014 is prescribed at 1.10% per year;

(w) the interest rate from January 1, 2015 to December 31, 2015 is prescribed at 1.05% per year;

(x) the interest rate from January 1, 2016 to December 31, 2016 is prescribed at 0.55% per year;

(y) the interest rate from January 1, 2017 to December 31, 2017 is prescribed at 0.53% per year;

(z) the interest rate from January 1, 2018 to December 31, 2018 is prescribed at 0.87% per year;

(aa) the interest rate from January 1, 2019 to December 31, 2019 is prescribed at 2.2% per year;

(bb) the interest rate from January 1, 2020 to December 31, 2020 is prescribed at 1.5% per year.

AR 215/2011 s1;203/2012;197/2013;213/2014;191/2015;205/2016;224/2017; 197/2018;178/2019

Repeal 2 The Judgment Interest Regulation (AR 364/84) is repealed.

ALBERTA RULES OF COURT · 2(1) The Alberta Rules of Court (AR 124/2010) apply to an application to...

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