Current Issues Under the Rules of Court
Justice Robert A. Graesser
This paper discusses 4 sections from the Rules of Court: case litigation plans, mandatory pre-trial dispute resolution, dismissal for delay (“drop dead” provisions) and case management. Justice R.A. Graesser thoroughly reviews the relevant rules, canvasses the issues relating to those rules, reviews developments in case law, and makes suggestions for effectively navigating the rules. This is a must read paper for the most current perspective on these rules.
Case Management Counsel Pilot Project in Edmonton
Sandra L. Schulz, Q.C.
This paper looks at the Case Management Counsel Pilot Project (CMCPP) in Edmonton by reviewing the experiences to date of the project. If you have questions about the CMCPP, this paper is for you.
Managing Your Litigation under the New Alberta Rules of Court
Justice Terrence F. McMahon
Rule 4.1 establishes the principle that it is the responsibility of the parties to manage litigation. This article reviews the subsequent duties that flow from this foundational rule, including categorizing your case as standard or complex, agreeing on a litigation plan, participating in a dispute resolution process, and avoiding applications of dismissal for long delay under Rule 4.33 (the “drop dead” rule). It then discusses the use of case management judges and the Case Management Counsel Pilot Project.
These papers were drawn from materials presented at the Case Management, Litigation Plans and the “Drop Dead” Rule seminar held in April 2012.