Alberta Regulation 120/2010

Apprenticeship and Industry Training Act

SHEET METAL WORKER TRADE AMENDMENT REGULATION

Filed: July 19, 2010

For information only: Made by the Alberta Apprenticeship and Industry Training

Board on June 18, 2010 and approved by the Minister of Advanced Education and

Technology on July 14, 2010 pursuant to

section 33(2) of the Apprenticeship and

Industry Training Act .

1 The Sheet Metal Worker Trade Regulation (AR 303/2000)

is amended by this Regulation.

Section 1(

d) is amended by

(

a) repealing subclause (iv);

(

b) repealing subclause (vi) and substituting the

following:

(vi) all other custom fabricated objects constructed from

sheet metal;

Section 2 is amended by repealing clauses (a), (

b) and

(

c) and substituting the following:

(

a) laying out, preparing, fabricating, assembling and installing

sheet metal items;

(

b) fabricating, installing, servicing, maintaining and upgrading

(

i) fume and dust exhaust systems for residential,

commercial and industrial sites,

(ii) heating and ventilation systems for residential,

commercial and industrial sites,

(iii) air conditioning systems of up to 5 tons total capacity

per system for residential sites, and

(iv) equipment associated with the undertakings referred to

in subclauses (

i) to (iii).

Section 3 is amended by repealing clauses (

d) and (

e) and substituting the following:

(

d) installing residential split system air conditioning systems of

up to 5 tons total capacity per system;

(

e) installing, maintaining and repairing furnaces, combination

rooftop units, make-up air units, heating, ventilating and air

conditioning systems of up to 5 tons total capacity per

system, appliances, accessories and similar equipment related

to or used for sheet metal work;

--------------------------------

Alberta Regulation 121/2010

Apprenticeship and Industry Training Act

STEEL DETAILER OCCUPATION AMENDMENT REGULATION

Filed: July 19, 2010

For information only: Made by the Alberta Apprenticeship and Industry Training

Board on June 18, 2010 and approved by the Minister of Advanced Education and

Technology on July 14, 2010 pursuant to

section 37(2) of the Apprenticeship and

Industry Training Act.

1 The Steel Detailer Occupation Regulation (AR 239/2001)

is amended by this Regulation.

Section 2 is amended by adding "electronic data," before

"notes and specifications".

Section 3(

b) is amended by adding "electronic data," before

"storage devices".

Section 4 is amended by striking out "January 31, 2011"

and substituting "January 31, 2017".

Alberta Regulation 122/2010

Apprenticeship and Industry Training Act

DESIGNATION OF OCCUPATIONS (RECESSION OF WAREHOUSING

OCCUPATION) AMENDMENT REGULATION

Filed: July 19, 2010

For information only: Made by the Minister of Advanced Education and Technology

on July 14, 2010 pursuant to

section 36(1) of the Apprenticeship and Industry

Training Act.

1 The Designation of Occupations Regulation

Section 1(

f) is repealed.

3 This Regulation comes into force on August 1, 2010.

--------------------------------

Alberta Regulation 123/2010

Apprenticeship and Industry Training Act(AR 285/2006) is amended by

this Regulation.

WAREHOUSING OCCUPATION REPEAL REGULATION

Filed: July 19, 2010

For information only: Made by the Alberta Apprenticeship and Industry Training

Board on June 18, 2010 and approved by the Minister of Advanced Education and

Technology on July 14, 2010 pursuant to

section 37(2) of the Apprenticeship and

Industry Training Act.

1 The Warehousing Occupation Regulation (AR 309/2000)

is repealed.

2 This Regulation comes into force on August 1, 2010.

Alberta Regulation 124/2010

Judicature Act

ALBERTA RULES OF COURT

Filed: July 19, 2010

For information only: Made by the Lieutenant Governor in Council (O.C. 256/2010)

on July 14, 2010 pursuant to

section 28.1 of the Judicature Act.

Table of Contents

Part 1

Foundational Rules

Division 1

Purpose and Intention of These Rules

1.1 What these rules do

1.2 Purpose and intention of these rules

Division 2

Authority of the Court

1.3 General authority of the Court to provide remedies

1.4 Procedural orders

1.5 Rule contravention, non-compliance and irregularities

1.6 Changes to these rules

Division 3

Interpreting These Rules

1.7 Interpreting these rules

1.8

Interpretation Act

1.9 Conflicts and inconsistencies with enactments

1.10 Where

definitions are located

Part 2

The Parties To Litigation

Division 1

Facilitating Legal Actions

2.1 Actions by or against personal representatives and trustees

2.2 Actions by or against partners and partnerships

2.3 Suing individual partners

2.4 Disclosure of partners

2.5 Actions by and against sole proprietors

2.6 Representative actions

2.7 Amendments to pleadings in class proceedings

2.8 Questioning of class and subclass members

2.9 Class proceedings practice and procedure

2.10 Intervenor status

Division 2

Litigation Representatives

2.11 Litigation representative required

2.12 Types of litigation representatives and service of documents

2.13 Automatic litigation representatives

2.14 Self-appointed litigation representatives

2.15 Court appointment in absence of self-appointment

2.16 Court-appointed litigation representatives in limited cases

2.17 Lawyer appointed as litigation representative

2.18 Approval of settlement

2.19 Court approval of settlement, discontinuance, and

abandonment of actions

2.20 Money received by litigation representative

2.21 Litigation representative: termination, replacement,

Division 3

Representation or Assistance Before the Court

2.22 Self-represented litigants

2.23 Assistance before the Court

Division 4

Lawyer of Record

2.24 Lawyer of record

2.25 Duties of lawyer of record

2.26 Verifying lawyer of record

2.27 Retaining lawyer for limited purposes

2.28 Change in lawyer of record or self-representation

2.29 Withdrawal of lawyer of record

2.30 Service after lawyer ceases to be lawyer of record

2.31 Withdrawal after trial date scheduled

2.32 Automatic termination of lawyer of record and resolving difficulties

Part 3

Court Actions

Division 1

Court Actions and Their Venue

3.1 Rules govern Court actions

3.2 How to start an action

3.3 Determining the appropriate judicial centre

3.4 Claim for possession of land

3.5 Transfer of action

3.6 Where an action is carried on

3.7 Post-judgment transfer of action

Division 2

Actions Started by Originating Application

Subdivision 1

General Rules

3.8 Originating applications and associated evidence

3.9 Service of originating application and evidence

3.10 Application of

Part 4 and

Part 5

3.11 Service and filing of affidavits and other evidence in reply

and response

3.12 Application of statement of claim rules to originating applications

3.13 Questioning on affidavit and questioning witnesses

3.14 Originating application evidence (other than judicial review)

Subdivision 2

Additional Rules Specific to Originating Applications for

Judicial Review

3.15 Originating application for judicial review

3.16 Originating application for judicial review: habeas corpus

3.17 Attorney General's right to be heard

3.18 Notice to obtain record of proceedings

3.19 Sending in certified record of proceedings

3.20 Other circumstances when record of proceedings may be required

3.21 Limit on questioning

3.22 Evidence on judicial review

3.23 Stay of decision

3.24 Additional remedies on judicial review

Division 3

Actions Started by Statement of Claim

Subdivision 1

Statement of Claim

3.25 Contents of statement of claim

Subdivision 2

Time Limit for Service of Statement of Claim

3.26 Time for service of statement of claim

3.27 Extension of time for service

3.28 Effect of not serving statement of claim in time

3.29 Notice of extension of time for service

Subdivision 3

Defence to Statement of Claim, Reply to Defence and Demand

for Notice

3.30 Defendant's options

3.31 Statement of defence

3.32 Additional options for defendant who files defence

3.33 Reply to defence

3.34 Demand for notice by defendant

3.35 Judgment or order by agreement

Subdivision 4

Failure to Defend

3.36 Judgment in default of defence and noting in default

3.37 Application for judgment against defendant noted in default

3.38 Judgment for recovery of property

3.39 Judgment for debt or liquidated demand

3.40 Continuation of action following judgment

3.41 When no defence is filed in foreclosure action

3.42 Limitation on when judgment or noting in default may occur

Subdivision 5

Claims Against Co-defendants

3.43 How to make claim against co-defendant

Subdivision 6

Third Party Claims

3.44 When third party claim may be filed

3.45 Form of third party claim

3.46 Third party defendant becomes party

3.47 Third party defendant's options

3.48 Plaintiff's options

3.49 Third party statement of defence

3.50 Demand for notice by third party defendant

3.51 Effect of demand for notice

3.52 Consequences of not filing third party statement of defence

3.53 Judgment against third party defendant

3.54 Plaintiff's reply to third party defence

3.55 Application of rules to third party claims

Subdivision 7

Counterclaims

3.56 Right to counterclaim

3.57 Contents of counterclaim

3.58 Status of counterclaim

3.59 Claiming set-off

3.60 Application of rules to counterclaims

Division 4

Request for Particulars, Amendments to Pleadings

and Close of Pleadings

3.61 Request for particulars

3.62 Amending pleading

3.63 Identifying amendments to pleadings

3.64 Time limit for application to disallow amendment to pleading

3.65 Permission of Court to amendment before or after close of

pleadings

3.66 Costs

3.67 Close of pleadings

Division 5

Significant Deficiencies in Claims

3.68 Court options to deal with significant deficiencies

Division 6

Refining Claims and Changing Parties

Subdivision 1

Joining and Separating Claims and Parties

3.69 Joining claims

3.70 Parties joining to bring action

3.71 Separating claims

3.72 Consolidation or separation of claims and actions

3.73 Incorrect parties not fatal to actions

Subdivision 2

Changes to Parties

3.74 Adding, removing or substituting parties after close of pleadings

3.75 Adding, removing or substituting parties to originating application

3.76 Action to be taken when defendant or respondent added

3.77 Subsequent encumbrancers not parties in foreclosure action

Part 4

Managing Litigation

Division 1

Responsibility of Parties

4.1 Responsibility of parties to manage litigation

4.2 What the responsibility includes

4.3 Categories of court action

4.4 Standard case obligations

4.5 Complex case obligations

4.6 Settling disputes about complex case litigation plans

4.7 Monitoring and adjusting dates

4.8 Court may categorize actions

Division 2

Court Assistance in Managing Litigation

4.9 Orders to facilitate proceedings

4.10 Assistance by the Court

4.11 Ways the Court may manage action

4.12 Request for case management

4.13 Appointment of case management judge

4.14 Authority of case management judge

4.15 Case management judge presiding at

summary trial and trial

Division 3

Dispute Resolution by Agreement

Subdivision 1

Dispute Resolution Processes

4.16 Dispute resolution processes

Subdivision 2

Judicial Dispute Resolution

4.17 Purpose of judicial dispute resolution

4.18 Judicial dispute resolution process

4.19 Documents resulting from judicial dispute resolution

4.20 Confidentiality and use of information

4.21 Involvement of judge after process concludes

Division 4

Security for Payment of Costs Award

4.22 Considerations for security for costs order

4.23 Contents of security for costs order

Division 5

Settlement Using Court Process

4.24 Formal offers to settle

4.25 Acceptance of formal offer to settle

4.26 If costs are not dealt with in formal offer to settle

4.27 Status of formal offer to settle and acceptance

4.28 Confidentiality of formal offer to settle

4.29 Costs consequences of formal offer to settle

4.30 When this Division does not apply

Division 6

Delay in an Action

4.31 Application to deal with delay

4.32 Agreement about delay

4.33 Dismissal for long delay

Division 7

Transfer and Transmission of Interest

4.34 Stay of proceedings on transfer or transmission of interest

4.35 Death has no effect on action after evidence heard

Division 8

Discontinuance

4.36 Discontinuance of claim

4.37 Discontinuance of defence

Part 5

Disclosure of Information

5.1 Purpose of this Part

Division 1

How Information Is Disclosed

Subdivision 1

Introductory Matters

5.2 When something is relevant and material

5.3 Modification or waiver of this

Part

5.4 Appointment of corporate representatives

Subdivision 2

Disclosing and Identifying Relevant and Material Records

5.5 When affidavit of records must be served

5.6 Form and contents of affidavit of records

5.7 Producible records

5.8 Records for which there is an objection to produce

5.9 Who makes affidavit of records

5.10 Subsequent disclosure of records

5.11 Order for record to be produced

5.12 Penalty for not serving affidavit of records

5.13 Obtaining records from others

5.14 Inspection and copying of records

5.15 Admissions of authenticity of records

5.16 Undisclosed records not to be used without permission

Subdivision 3

Questions to Discover Relevant and Material Records and

Relevant and Material Information

5.17 People who may be questioned

5.18 Persons providing services to corporation

5.19 Limit or cancellation of questioning

5.20 When questioning is to take place

5.21 Appointment for questioning

5.22 Questioning options

5.23 Preparation for questioning

5.24 Oral and written questioning limitations

5.25 Appropriate questions and objections

5.26 Transcript of oral questioning

5.27 Continuing duty to disclose

5.28 Written questions

5.29 Acknowledgment of corporate witness's evidence

5.30 Undertakings

5.31 Use of transcript and answers to written questions

5.32 When information may be used

5.33 Confidentiality and use of information

Division 2

Experts and Expert Reports

5.34 Service of expert's report

5.35 Sequence of exchange of experts' reports

5.36 Objection to expert's report

5.37 Questioning experts before trial

5.38 Continuing obligation on expert

5.39 Use of expert's report at trial without expert

5.40 Expert's attendance at trial

Division 3

Medical Examinations by Health Care Professionals

5.41 Medical examinations

5.42 Options during medical examination

5.43 Payment of costs of medical examinations

5.44 Conduct of examination

Part 6

Resolving Issues and Preserving Rights

Division 1

Applications to the Court

6.1 What this Division applies to

6.2 Application to the Court to exercise its authority

Subdivision 1

Application Process Generally

6.3 Applications generally

6.4 Applications without notice

Subdivision 2

Application in Foreclosure Action

6.5 Notice of application in foreclosure action

Subdivision 3

Responses, Replies and Decisions on Applications

6.6 Response and reply to application

6.7 Questioning on affidavit in support, response and reply to

application

6.8 Questioning witness before hearing

6.9 How the Court considers applications

6.10 Electronic hearing

6.11 Evidence at application hearings

6.12 If person does not get notice of application

6.13 Recording hearings when only one party present

Subdivision 4

Appeal from Master's Judgment or Order

6.14 Appeal from master's judgment or order

Subdivision 5

Procedure for Questioning

6.15 Appointment for questioning under this

Part

6.16 Contents of notice of appointment

6.17 Payment of allowance

6.18 Lawyer's responsibilities

6.19 Interpreter

6.20 Form of questioning and transcript

Division 2

Preserving Evidence and Obtaining Evidence Outside Alberta

6.21 Preserving evidence for future use

6.22 Obtaining evidence outside Alberta

6.23 Duties of person authorized to take evidence

6.24 Assistance to judicial authorities outside Alberta

Division 3

Preserving and Protecting Property or its Value and Inspection

of Property

6.25 Preserving or protecting property or its value

6.26 Inspection or examination of property

6.27 Notice before disposing of anything held by the Court

Division 4

Restriction on Media Reporting and Public Access to Court

Proceedings

6.28 Application of this Division

6.29 Restricted court access applications and orders

6.30 When restricted court access application may be filed

6.31 Timing of application and service

6.32 Notice to media

6.33 Judge assigned to application

6.34 Application to seal or unseal court files

6.35 Persons having standing at application

6.36 Confidentiality of information

Division 5

Facilitating Proceedings

6.37 Notice to admit

6.38 Requiring attendance for questioning

6.39 Order to produce prisoner

Division 6

Resources to Assist the Court

Subdivision 1

Court Experts

6.40 Appointment of court expert

6.41 Instructions or questions to court expert

6.42 Application to question court expert

6.43 Costs of court expert

Subdivision 2

Referees

6.44 Persons who are referees

6.45 References to referee

6.46 Referee's report

Division 7

Court-appointed Receiver

6.47 Court-appointed receiver

Division 8

Replevin

6.48 Application of this Division

6.49 Application for replevin order

6.50 Replevin order

6.51 Enforcement of replevin order

6.52 Respondent may apply for remedy

6.53 Expiry of replevin order

Division 9

Interpleader

6.54

Definitions

6.55 Nature of application for interpleader order

6.56 Application for interpleader order

6.57 Interpleader applicant not disentitled

6.58 Interpleader order

6.59 Civil enforcement agency application

6.60 Several claims combined

6.61 Enforcement from different courts

6.62 Claim by third person

6.63 Notice by civil enforcement agency

6.64 Security interest

6.65 Expeditious sale

Part 7

Resolving Claims Without Full Trial

Division 1

Trial of Particular Questions or Issues

7.1 Application to resolve particular questions or issues

Division 2

Summary Judgment

7.2 Application for judgment

7.3 Application and decision

7.4 Proceedings after

summary judgment against party

Division 3

Summary Trials

7.5 Application for judgment by way of

summary trial

7.6 Response to application

7.7 Application of other rules

7.8 Objection to application for judgment by way of

summary trial

7.9 Decision after

summary trial

7.10 Judge remains seized of action

7.11 Order for trial

Part 8

Trial

Division 1

Mode of Trial

8.1 Trial without jury

8.2 Request for jury trial

8.3 Deposit for jury

Division 2

Scheduling of Trial Dates

8.4 Trial date: scheduled by court clerk

8.5 Trial date: scheduled by the Court

8.6 Notice of trial date

8.7 Confirmation of trial date

Division 3

Attendance of Witnesses at Trial

8.8 Notice to attend as witness at trial

8.9 Requiring attendance of witnesses

Division 4

Procedure at Trial

8.10 Order of presentation

8.11 Absence of witnesses at trial

8.12 Exclusion of witnesses

8.13 No communication with excluded witnesses

8.14 Unavailable or unwilling witness

8.15 Notice of persons not intended to be called as witnesses

8.16 Number of experts

8.17 Proving facts

8.18 Trial conducted by electronic hearing

8.19 Use of trial evidence in subsequent proceedings

8.20 Application for dismissal at close of plaintiff's case

8.21 Retrials

8.22 Continuing trial without jury

8.23 Judgment after jury trial

8.24 Accidents and mistakes

Part 9

Judgments and Orders

Division 1

Preparation and Entry of Judgments and Orders

9.1 Form of judgments and orders

9.2 Preparation of judgments and orders

9.3 Dispute over contents of judgment or order

9.4 Signing judgments and orders

9.5 Entry of judgments and orders

9.6 Effective date of judgments and orders

9.7 Certified copies

9.8 Service of judgments and orders

Division 2

Determination of Damages, Judgment in Counterclaims and

Judgment Against Beneficiaries

9.9 Determining damages

9.10 Judgment for balance on counterclaim

9.11 Judgment against beneficiaries

Division 3

Corrections, Further Orders, Setting Aside, Varying and

Discharging Judgments and Orders

9.12 Correcting mistakes or errors

9.13 Re-opening case

9.14 Further or other order after judgment or order entered

9.15 Setting aside, varying and discharging judgments and orders

9.16 By whom applications are to be decided

Division 4

Enforcement of Judgments and Orders

9.17 Enforcement: orders for payment and judgments for payment into

Court

9.18 Judgments and orders subject to conditions

9.19 Persons who are not parties

9.20 Time writ remains in force

9.21 Application for new judgment or order

9.22 Application that judgment or order has been satisfied

9.23 Enforcement against partners' and partnership property

9.24 Fraudulent preferences and fraudulent conveyances

9.25 Order of possession of land

9.26 Authority to evict occupants

9.27 Removal, storage and sale of personal property

9.28 Abandoned goods

9.29 Questioning person to assist in enforcement

Division 5

Foreclosure Actions

9.30 When affidavit of value must be filed

9.31 Other material to be filed

9.32 Offer for sale of secured property

9.33 Sale to plaintiff

9.34 Order confirming sale

9.35 Checking calculations: assessment of costs and corrections

9.36 Service of certified bill of costs

Division 6

Sale and Disposition of Land Other than by Foreclosure Action

9.37 Application of this Division

9.38 Sale and disposition of land

9.39 Terms, conditions and limitations on orders

Division 7

Reciprocal Enforcement of United Kingdom Judgments

9.40

Definitions

9.41 Scope

9.42 Application to Court

9.43 Affidavit in support of application for order to register convention

judgment

9.44 When application may be filed without notice

9.45 Order to register convention judgment

9.46 Convention judgment debtor's application to set aside

9.47 Convention judgment creditor's appeal

9.48 Appeal when order is made on notice

9.49 Factors to be considered

Division 8

Registration of Judgments under Reciprocal Enforcement of

Judgments Act

9.50 Originating application to register judgment from reciprocating

jurisdiction

9.51 Notice of registration

Part 10

Lawyers' Charges, Recoverable Costs of Litigation, and

Sanctions

Division 1

Lawyers' Charges, Retainer Agreements and Right of Review

10.1

Definitions

Subdivision 1

Lawyers' Charges

10.2 Payment for lawyer's services and contents of lawyer's account

10.3 Lawyer acting in representative capacity

10.4 Charging order for payment of lawyer's charges

Subdivision 2

Retainer Agreements

10.5 Retainer agreements

10.6 Void provisions

Subdivision 3

Contingency Fee Agreements

10.7 Contingency fee agreement requirements

10.8 Lawyer's non-compliance with contingency fee agreement

Subdivision 4

Right of Review

10.9 Reasonableness of retainer agreements and charges subject to

review

10.10 Time limitation on reviewing retainer agreements and charges

10.11 Who may request review of lawyer's charges

10.12 Location of review

10.13 Appointment for review

10.14 Client-obtained appointment: lawyer's responsibility

10.15 Retainer agreement confidentiality

10.16 Absence of person at appointment for review

10.17 Review officer's authority

10.18 Reference to Court

10.19 Review officer's decision

10.20 Enforcement of review officer's decision

10.21 Repayment of charges

10.22 Action for payment of lawyer's charges

10.23 Costs of review

10.24 Reviewing lawyer's charges: incomplete services and particular

events

10.25 Order to return records

Subdivision 5

Appeal from Review Officer's Decision

10.26 Appeal to judge

10.27 Decision of judge

Division 2

Recoverable Costs of Litigation

Subdivision 1

General Rule, Considerations and Court Authority

10.28 Definition of "party"

10.29 General rule for payment of litigation costs

10.30 When costs award may be made

10.31 Court-ordered costs award

10.32 Costs in class proceeding

10.33 Court considerations in making costs award

10.34 Court-ordered assessment of costs

Subdivision 2

Assessment of Costs by Assessment Officer

10.35 Preparation of bill of costs

10.36 Assessment of bill of costs

10.37 Appointment for assessment

10.38 Assessment officer's authority

10.39 Reference to Court

10.40 Absence of person served with notice of appointment for

assessment

10.41 Assessment officer's decision

10.42 Actions within Provincial Court jurisdiction

10.43 Certification of costs payable

Subdivision 3

Appeal from Assessment Officer's Decision

10.44 Appeal to judge

10.45 Decision of the judge

Division 3

Other Matters Related to Lawyers' Charges and Litigation

Costs

10.46 Review and assessment under enactments

10.47 Liability of litigation representative for costs

10.48 Recovery of goods and services tax

Division 4

Sanctions

Subdivision 1

Penalty

10.49 Penalty for contravening rules

10.50 Costs imposed on lawyer

Subdivision 2

Civil Contempt of Court

10.51 Order to appear

10.52 Declaration of civil contempt

10.53 Punishment for civil contempt of Court

Division 5

Medical Examination

10.54 Mental disorder

Division 6

Inherent Jurisdiction

10.55 Inherent jurisdiction

Part 11

Service of Documents

Division 1

General Provisions

11.1 Service of original documents and copies

11.2 Service not invalid

Division 2

Service of Commencement Documents in Alberta

11.3 Agreement between parties

11.4 Methods of service in Alberta

11.5 Service on individuals

11.6 Service on trustees and personal representatives

11.7 Service on litigation representatives

11.8 Missing persons

11.9 Service on corporations

11.10 Service on limited partnerships

11.11 Service on partnerships other than limited partnerships

11.12 Service on individuals using another name

11.13 Service on a corporation using another name

11.14 Service on statutory and other entities

11.15 Service on person providing an address for service

11.16 Service on lawyer

11.17 Service on lawyer of record

11.18 Service on self-represented litigants

11.19 Service on business representatives of absent parties

Division 3

Service of Documents, Other than Commencement Documents,

in Alberta

11.20 Service of documents, other than commencement documents, in

Alberta

11.21 Service by electronic method

11.22 Recorded mail service

Division 4

Service of Documents, Other than Commencement Documents,

in Foreclosure Actions

11.23 Additional service options in foreclosure actions

11.24 Notice of address for service in foreclosure actions

Division 5

Service of Documents Outside Alberta

11.25 Real and substantial connection

11.26 Methods of service outside Alberta

Division 6

Validating, Substituting, Dispensing with and Setting Aside

Service

11.27 Validating service

11.28 Substitutional service

11.29 Dispensing with service

11.30 Proving service of documents

11.31 Setting aside service

Division 7

Service of Foreign Process

11.32 Procedure for service

Part 12

Family Law Rules

Division 1

Foundational Rules

12.1

Definitions

12.2 What this Part applies to

12.3 Application of other Parts

12.4 Forms

Division 2

The Parties to Litigation

12.5 Requirement that parties be spouses

12.6 Exception to rule 2.11(

a) Division 3

Court Actions

Subdivision 1

Actions Relating to Proceedings Under the Divorce Act

(Canada) and Proceedings Under the Matrimonial Property Act

12.7 Starting proceeding under Divorce Act (Canada)

12.8 Starting proceeding under Matrimonial Property Act

12.9 Starting combined proceeding

12.10 Action for unjust enrichment

12.11 Statement of defence, counterclaim and demand for notice

12.12 Time for service of documents filed under rule 12.11

12.13 Joint proceeding under Divorce Act (Canada)

12.14 Transfer of divorce proceedings under Divorce Act (Canada) from

court outside Alberta

12.15 Central Divorce Registry

Subdivision 2

Actions Relating to Proceedings Under the Family Law Act

12.16 Starting proceeding under Family Law Act

12.17 Service of documents filed under rule 12.16

12.18 Response to proceeding under Family Law Act

12.19 Service of documents filed under rule 12.18

12.20 Response to respondent's request for additional order

12.21 Service of documents filed under rule 12.20

12.22 New evidence

12.23 Questioning on statement, reply statement or affidavit

12.24 Certificate of lawyer

Subdivision 3

Actions Commenced by Originating Application

12.25 Exception to rule 3.13(5)

12.26 Application respecting order made by court outside Alberta under

Divorce Act (Canada)

12.27 Applications under Extra-provincial Enforcement of Custody Orders

Act

Subdivision 4

Actions Relating to Proceedings Under the Protection Against

Family Violence Act

12.28 Application of

Part 3, Division 2

12.29 Affidavit of evidence for review

12.30 Application for Queen's Bench protection order

12.31 Alternative to affidavit

12.32 Actual notice of protection order

Subdivision 5

Actions Relating to Restraining Orders

12.33 Application for restraining order

Division 4

Managing Litigation

12.34 Application of

Part 4

12.35 Operation of rule 4.34 under this

Part

12.36 Advance payment of costs

Division 5

Disclosure of Information

12.37 Application of

Part 5

12.38 Affidavit of records

12.39 Oral and written questioning

12.40 Written interrogatories

12.41 Notice to disclose documents

12.42 Request for financial information

Division 6

Resolving Issues and Preserving Rights

12.43 Application of

Part 6, Division 1

12.44 Application within course of proceeding

12.45 Application after order or judgment under Divorce Act (Canada)

12.46 Provisional order to vary a support order under Divorce Act

(Canada)

12.47 Confirmation hearing

Division 7

Resolving Claims Without Full Trial

12.48 Availability of application for

summary judgment

12.49 Evidence in

summary trials

12.50 Divorce without appearance by parties or counsel

Division 8

Trial

12.51 Appearance before the Court

Division 9

Judgments and Orders

12.52 Enforcement of order made by court outside Alberta under Divorce

Act (Canada)

12.53 Form of orders

12.54 Certificate of divorce

Division 10

Service of Documents

12.55 Service of documents

12.56 Address for service

12.57 Proof of service

12.58 Rules that do not apply

Division 11

Appeals

Subdivision 1

Appeal from Divorce Judgment

12.59 Appeal from divorce judgment

Subdivision 2

Appeals Under the Family Law Act

12.60 Appeal from decision of Court of Queen's Bench sitting as original

court

12.61 Appeal from Provincial Court order to Court of Queen's Bench

12.62 Duty of court clerks

12.63 Transcript

12.64 Filing of affidavits of service

12.65 Non-compliance by appellant

12.66 Speaking to list

12.67 Scheduling appeal

12.68 Evidence

12.69 Appeal memoranda

12.70 Powers of Court on appeal

12.71 Appeal from decision of Court of Queen's Bench sitting as appeal

court

Part 13

Technical Rules

Division 1

Judge Unable to Continue

13.1 When one judge may act in place of or replace another

Division 2

Calculating Time

13.2 Application of these rules for calculating time

13.3 Counting days

13.4 Counting months and years

13.5 Variation of time periods

Division 3

Pleadings

13.6 Pleadings: general requirements

13.7 Pleadings: other requirements

13.8 Pleadings: other contents

13.9 Defence of tender

13.10 Pleadings: specific requirements for replies

13.11 Pleadings: specific requirements for class proceedings

13.12 Pleadings: denial of facts

Division 4

Filed Documents

Subdivision 1

Contents and Filing

13.13 Requirements for all filed documents

13.14 Endorsements on documents

13.15 When document is filed

13.16 Deviations from and changes to prescribed forms

13.17 Amendments to records other than commencement documents,

pleadings or affidavits

Subdivision 2

Form and Contents of Affidavits and Exhibits

13.18 Types of affidavit

13.19 Requirements for affidavits

13.20 Changes in affidavits

13.21 Requirements for exhibits to affidavit

13.22 Affidavits by visually impaired or those unable to read

13.23 Understanding affidavit

13.24 More than one individual swearing affidavit

13.25 Use of filed affidavits

13.26 Exhibits: filing and return

Subdivision 3

Lost and Concurrent Documents, Certified Copies,

Authenticated Photographs and Video Recordings

13.27 Lost documents

13.28 Concurrent document

13.29 Certified copies of original records

13.30 Authenticated photographs of personal property

13.31 Video recordings in place of transcripts

Division 5

Payment of Fees and Allowances, and Waivers of Fees

13.32 Fees and allowances

13.33 Uncertainty of amount of fees and allowances

13.34 Fee accounts

13.35 Fee exemption

13.36 Fee waiver: legal aid

13.37 Fee waiver: restraining orders

Division 6

Judge's Fiat, Court Officers and Court Reporters

13.38 Judge's fiat

13.39 Court officers

13.40 Court officers may delegate authority

13.41 Authority of court clerk

13.42 Absence of court clerk

13.43 Seal

13.44 Duties of court clerk

13.45 Notice to be given to court officers

13.46 Official court reporters

13.47 Proof of official court reporter's signature not required

Division 7

Payment into Court and Payment out of Court

13.48 When money may be paid into Court

13.49 How money is paid into Court

13.50 Tender on judicial sale

13.51 Litigant's account

13.52 Payments into Court under Trustee Act

13.53 Payments out of Court

13.54 Investments and payment earnings

13.55 Disposition of money in accounts

Part 14

Appeals

14.1 Application

Part 15

Transitional Provisions and Coming Into Force

15.1

Definitions

15.2 New rules apply to existing proceedings

15.3 Dispute resolution requirements

15.4 Dismissal for long delay: bridging provision

15.5 Contingency fee agreements

15.6 Resolution of difficulty or doubt

15.7 Filing of orders or judgments

15.8 Increased or decreased time limits

15.9 Time limit under these rules

15.10 Time runs from different event

15.11 Formal offer to settle

15.12 New test or criteria

15.13 Place of existing proceeding

15.14 Repeal

15.15 Coming into force

Schedules

Appendix

Part 1

Foundational Rules

Division 1

Purpose and Intention of These Rules

What these rules do

1.1(1) These rules govern the practice and procedure in

(

a) the Court of Queen's Bench of Alberta, and

(

b) the Court of Appeal of Alberta.

(2) These rules also govern all persons who come to the Court for

resolution of a claim, whether the person is a self-represented litigant

or is represented by a lawyer.

Purpose and intention of these rules

1.2(1) The purpose of these rules is to provide a means by which

claims can be fairly and justly resolved in or by a court process in a

timely and cost-effective way.

(2) In particular, these rules are intended to be used

(

a) to identify the real issues in dispute,

(

b) to facilitate the quickest means of resolving a claim at the

least expense,

(

c) to encourage the parties to resolve the claim themselves, by

agreement, with or without assistance, as early in the process

as practicable,

(

d) to oblige the parties to communicate honestly, openly and in

a timely way, and

(

e) to provide an effective, efficient and credible system of

remedies and sanctions to enforce these rules and orders and

judgments.

(3) To achieve the purpose and intention of these rules the parties

must, jointly and individually during an action,

(

a) identify or make an application to identify the real issues in

dispute and facilitate the quickest means of resolving the

claim at the least expense,

(

b) periodically evaluate dispute resolution process alternatives

to a full trial, with or without assistance from the Court,

(

c) refrain from filing applications or taking proceedings that do

not further the purpose and intention of these rules, and

(

d) when using publicly funded Court resources, use them

effectively.

(4) The intention of these rules is that the Court, when exercising a

discretion to grant a remedy or impose a sanction, will grant or impose

a remedy or sanction proportional to the reason for granting or

imposing it.

Division 2

Authority of the Court

General authority of the Court to provide remedies

1.3(1) The Court may do either or both of the following:

(

a) give any relief or remedy described or referred to in the

Judicature Act;

(

b) give any relief or remedy described or referred to in or under

these rules or any enactment.

(2) A remedy may be granted by the Court whether or not it is claimed

or sought in an action.

Procedural orders

1.4(1) To implement and advance the purpose and intention of these

rules described in rule 1.2 the Court may, subject to any specific

provision of these rules, make any order with respect to practice or

procedure, or both, in an action, application or proceeding before the

Court.

(2) Without limiting subrule (1), and in addition to any specific

authority the Court has under these rules, the Court may, unless

specifically limited by these rules, do one or more of the following:

(

a) grant, refuse or dismiss an application or 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 an

action, application or proceeding, or a related matter;

(

d) make a ruling with respect to how or if these rules apply in

particular circumstances or to the operation, practice or

procedure under these rules;

(

e) impose terms, conditions and time limits;

(

f) give consent, permission or approval;

(

g) give advice, including making proposals, providing guidance,

making suggestions and making recommendations;

(

h) adjourn or stay all or any part of an action, application or

proceeding, extend the time for doing anything in the

proceeding, or stay the effect of a judgment or order;

(

i) determine whether a judge is or is not seized with an action,

application or proceeding;

(

j) include any information in a judgment or order that the Court

considers necessary.

(3) A decision of the Court affecting practice or procedure in an

action, application or proceeding that is not a written order, direction

or ruling must be

(

a) recorded in the court file of the action by the court clerk, or

(

b) endorsed by the court clerk on a commencement document,

filed pleading or filed document or on a document to be filed.

Rule contravention, non-compliance and irregularities

1.5(1) If a person contravenes or does not comply with these rules, or

if there is an irregularity in a commencement document, pleading,

document, affidavit or prescribed form, a party may apply to the Court

(

a) to cure the contravention, non-compliance or irregularity, or

(

b) to set aside

an act, application, proceeding or other thing

because of prejudice to that party arising from the

contravention, non-compliance or irregularity.

(2) An application under this rule must be filed within a reasonable

time after the applicant becomes aware of the contravention,

non-compliance or irregularity.

(3) An application under this rule may not be filed by a party who

alleges prejudice as a result of the contravention, non-compliance or

irregularity if that party has taken a further step in the action knowing

of the prejudice.

(4) The Court must not cure any contravention, non-compliance or

irregularity unless

(

a) to do so will cause no irreparable harm to any party,

(

b) in doing so the Court imposes terms or conditions that will

(

i) eliminate or ameliorate any reparable harm, or

(ii) prevent the recurrence of the contravention,

non-compliance or irregularity,

(

c) in doing so the Court imposes a suitable sanction, if any, for

the contravention, non-compliance or irregularity, and

(

d) it is in the overall interests of justice to cure the

contravention, non-compliance or irregularity.

(5) The Court must not cure any contravention, non-compliance or

irregularity if to do so would have the effect of extending a time period

that the Court is prohibited from extending.

(6) If an order is made under this rule, the Court may also impose a

penalty under rule 10.49.

Changes to these rules

1.6(1) The judges of the Court of Queen's Bench and the Court of

Appeal may alter and amend any of these rules or make additional

rules.

(2) The Rules of Court Committee under the Judicature Act is, for the

assistance of readers of these rules, authorized to delete, amend or

create new information notes or overview summaries, or both.

Division 3

Interpreting These Rules

Interpreting these rules

1.7(1) The meaning of these rules is to be ascertained from their text,

in light of the purpose and intention of these rules, and in the context in

which a particular rule appears.

(2) These rules may be applied by analogy to any matter arising that is

not dealt with in these rules.

(3) Headings in these rules may be considered in ascertaining the

meaning of these rules.

Interpretation Act

1.8 The

Interpretation Act applies to these rules except

(

a) sections 10 and 12 of the

Interpretation Act, which do not

apply to these rules,

(b)

section 22(3) to (8) of the

Interpretation Act, which do not

apply to these rules,

(

c) section 23 of the

Interpretation Act, which does not apply to

service of documents under these rules, and

(d)

section 26(1) of the

Interpretation Act, which does not apply

to these rules.

Conflicts and inconsistencies with enactments

1.9 Except as expressly provided, if there is a conflict or

inconsistency between these rules and an enactment, the enactment

prevails to the extent of the conflict or inconsistency.

Where

definitions are located

1.10

Definitions of terms for the purposes of these rules are set out in

the Appendix.

Part 2

The Parties to Litigation

Division 1

Facilitating Legal Actions

Actions by or against personal representatives and trustees

2.1 An action may be brought by or against a personal representative

or trustee without naming any of the persons beneficially interested in

the estate or trust.

Actions by or against partners and partnerships

2.2(1) An action by or against 2 or more persons as partners may be

brought using the name of the partnership.

(2) Subrule (1) also applies to an action between partnerships having

one or more partners in common.

Suing individual partners

2.3(1) In an action against a partnership in the partnership name, if a

party intends to enforce a judgment or order personally against a

partner, the party must serve the partner with

(

a) the commencement document, and

(

b) a notice stating that the person was a partner at a time

specified in the notice.

(2) The person served is presumed to have been a partner at the time

specified in the notice unless the person defends the claim separately

by denying that the person was a partner at the specified time.

(3) An individual partner whether or not served with a notice under

this rule may defend the action separately from the partnership.

Disclosure of partners

2.4(1) If an action is brought by or against a partnership in the

partnership name, any other party may serve a notice to disclose

requiring the partnership to disclose in writing the names of all the

partners constituting the partnership at a time specified in the notice,

and their current addresses.

(2) The partnership must comply with or dispute the notice to disclose

within 10 days after service of the notice on the partnership.

(3) If the partnership disputes the relevance of the time specified in the

notice to disclose, the partnership may apply to the Court to determine

the matter, in which case the onus is on the partnership to show why

the information should not be disclosed.

(4) If the present address of a partner is unknown, the partnership

must disclose the last known address of the partner.

Actions by and against sole proprietors

2.5(1) If a person carries on business or operates as a sole proprietor

under a name other than the person's name, the person may bring or be

the subject of an action in that name.

(2) If an action is brought by or against a person in the person's

business or operating name, a party may serve a notice requiring the

person to disclose, in writing, the legal name of the person carrying on

the business or operation.

(3) The person on whom the notice to disclose is served must comply

with it within 10 days after the date the notice is served.

Representative actions

2.6(1) If numerous persons have a common interest in the subject of

an intended claim, one or more of those persons may make or be the

subject of a claim or may be authorized by the Court to defend on

behalf of or for the benefit of all.

(2) If a certification order is obtained under the Class Proceedings

Act, an action referred to in subrule (1) may be continued under that

Act.

Amendments to pleadings in class proceedings

2.7 After a certification order is made under the Class Proceedings

Act, a party may amend a pleading only with the Court's permission.

Questioning of class and subclass members

2.8(1) If under

section 18(2) of the Class Proceedings Act the Court

requires a class member or subclass member to file and serve an

affidavit of records, the Court may do either or both of the following:

(

a) limit the purpose and scope of the records to be produced and

of questioning;

(

b) determine how the evidence obtained may be used.

(2) If a class member or subclass member is questioned under

section

18(2) of the Class Proceedings Act, the Court may do either or both of

the following:

(

a) limit the purpose and scope of the questioning;

(

b) determine how the evidence obtained may be used.

Class proceedings practice and procedure

2.9 Despite any other provision of these rules, the Court may order

any practice and procedure it considers appropriate for a class

proceeding under the Class Proceedings Act to achieve the objects of

that Act.

Intervenor status

2.10 On application, a Court may grant status to a person to

rights and privileges specified by the Court.

Division 2

Litigation Representatives

Litigation representative required

2.11 The following individuals or estates must have a litigation

representative to bring or defend an action or to continue or to

participate in an action, or for an action to be brought or to be

continued against them:

(

a) an individual under 18 years of age;

(

b) an individual declared to be a missing person under

section 7

of the Public Trustee Act;

(

c) an adult who, in respect of matters relating to a claim in an

action, lacks capacity, as defined in the Adult Guardianship

and Trusteeship Act, to make decisions;

(

d) an individual who is a represented adult under the Adult

Guardianship and Trusteeship Act in respect of whom no

person is appointed to make a decision about a claim;

(

e) an estate for which no personal representative has obtained a

grant under the Surrogate Rules (AR 130/95) and that has an

interest in a claim or intended claim.

Types of litigation representatives and service of documents

2.12(1) There are 3 types of litigation representatives under these

rules:

(

a) an automatic litigation representative described in rule 2.13;

(

b) a self-appointed litigation representative under rule 2.14;

(

c) a Court-appointed litigation representative under rule 2.15,

2.16 or 2.21.

(2) Despite any other provision of these rules, if an individual has a

litigation representative in an action,

(

a) service of a document that would otherwise be required to be

effected on the individual must be effected on the litigation

representative, and

(

b) service of a document on the individual for whom the

litigation representative is appointed is ineffective.

Automatic litigation representatives

2.13 A person is a litigation representative under these rules if the

person has authority to commence, compromise, settle or defend a

claim on behalf of an individual or an estate under any of the

following:

(

a) an enactment;

(

b) an instrument authorized by an enactment;

(

c) an order authorized under an enactment;

(

d) a grant or an order under the Surrogate Rules (AR 130/95);

(

e) an instrument, other than a will, made by a person, including,

without limitation, a power of attorney or a trust.

Self-appointed litigation representatives

2.14(1) If an individual or estate who is required to have a litigation

representative under rule 2.11 does not have one, an interested person

(

a) may file an affidavit in Form 1 containing the information

described in subrule (2), and by doing so becomes the

litigation representative for that individual or estate, and

(

b) where an interested person has become the litigation

representative under clause (

a) for an estate, the interested

person must serve notice of the appointment in Form 2 on the

beneficiaries and heirs at law of the deceased.

(2) The affidavit must include

(

a) the interested person's agreement in writing to be the

litigation representative,

(

b) the reason for the self-appointment,

(

c) the relationship between the litigation representative and the

individual or estate the litigation representative will

represent,

(

d) a statement that the litigation representative has no interest in

the action adverse in interest to the party the litigation

representative will represent,

(

e) if the litigation representative is an individual, a statement

that the litigation representative is a resident of Alberta,

(

f) if the litigation representative is a corporation, the place of

business or activity of the corporation in Alberta, and

(

g) an acknowledgment of potential liability for payment of a

costs award attributable to or liable to be paid by the

litigation representative.

(3) If a person proposes to become a self-appointed litigation

representative for the estate of a deceased person, the affidavit referred

to in subrule (2) must, in addition to the matters set out in subrule (2),

disclose any of the following matters that apply:

(

a) whether the estate has a substantial interest in the action or

proposed action;

(

b) whether the litigation representative has or may have duties

to perform in the administration of the estate of the deceased;

(

c) whether an application has been or will be made for

administration of the estate of the deceased;

(

d) whether the litigation representative does or may represent

interests adverse to any other party in the action or proposed

action;

(

e) that the beneficiaries and heirs at law have been served with

notice of the appointment as required under subrule (1)(b).

(4) A person proposing to become a self-appointed litigation

representative has no authority to make or defend a claim or, without

the Court's permission, to make an application or take any proceeding

in an action, until the affidavit referred to in subrule (1)(

a) is filed.

Court appointment in absence of self-appointment

2.15(1) If an individual or estate who is required to have a litigation

representative under rule 2.11 does not have one, an interested person

may, or if there is no interested person, a party adverse in interest

must, apply to the Court for directions about the appointment of a

litigation representative for that individual or estate.

(2) On an application under subrule (1), the Court may appoint a

person as litigation representative.

Court-appointed litigation representatives in limited cases

2.16(1) This rule applies to an action concerning any of the

following:

(

a) the administration of the estate of a deceased person;

(

b) property subject to a trust;

(

c) the

interpretation of a written instrument;

(

d) the

interpretation of an enactment.

(2) In an action described in subrule (1), a person or class of persons

who is or may be interested in or affected by a claim, whether

presently or for a future, contingent or unascertained interest, must

have a Court-appointed litigation representative to make a claim in or

defend an action or to continue to participate in an action, or for a

claim in an action to be made or an action to be continued against that

person or class of persons, if the person or class of persons meets one

or more of the following conditions:

(

a) the person, the class or a member of the class cannot be

readily ascertained, or is not yet born;

(

b) the person, the class or a member of the class, though

ascertained, cannot be found;

(

c) the person, the class or the members of the class can be

ascertained and found, but the Court considers it expedient to

make an appointment to save expense, having regard to all

the circumstances, including the amount at stake and the

degree of difficulty of the issue to be determined.

(3) On application by an interested person, the Court may appoint a

person as litigation representative for a person or class of persons to

whom this rule applies on being satisfied that both the proposed

appointee and the appointment are appropriate.

Lawyer appointed as litigation representative

2.17(1) If the Court appoints a lawyer as the litigation representative

for an individual referred to in rule 2.11(

a) to (d), the Court may direct

that the costs incurred in performing the duties of the litigation

representative be borne by

(

a) the parties or by one or more of them, or

(

b) any fund in Court in which the individual for whom the

litigation representative is appointed has an interest.

(2) The Court may give any other direction for repayment of costs or

for an advance payment of costs as the circumstances require.

Approval of settlement

2.18(1) If a settlement is proposed in an action or claim described in

rule 2.16 and some of the persons interested in the settlement are not

parties to the action but are persons who have the same interest as

those who are parties to the action, and who assent to the settlement,

the Court may approve the settlement and order that it binds the

persons who are not parties if the Court is satisfied that

(

a) the settlement will be for the benefit of those interested

persons, and

(

b) to require service on those persons would cause unreasonable

expense or delay.

(2) The interested persons referred to in subrule (1) are bound by the

Court's order unless the order is obtained by fraud or by

non-disclosure of important facts.

Court approval of settlement, discontinuance, and abandonment of

actions

2.19 Unless a litigation representative has express authority under an

instrument, order or enactment to settle, discontinue or abandon an

action, the litigation representative may do so only with the Court's

approval.

Money received by litigation representative

2.20(1) If as a result of an action a litigation representative receives

money, other than under a costs award, that money must be paid into

Court unless the Court otherwise orders or an enactment or instrument

otherwise provides.

(2) A payment made to a litigation representative on account of

money due to a party represented by the litigation representative, other

than under a costs award, is not a valid discharge as against that party

unless otherwise provided by an instrument, order or enactment.

2.21 The Court may do one or more of the following:

(

a) terminate the authority or appointment of a litigation

representative;

(

b) appoint a person as or replace a litigation representative;

litigation representative or cancel or vary the terms or

conditions.

Division 3

Representation or Assistance

Before the Court

Self-represented litigants

2.22 Individuals may represent themselves in an action unless these

rules otherwise provide.

Assistance before the Court

2.23(1) The Court may permit a person to assist a party before the

considers appropriate.

(2) Without limiting subrule (1), assistance may take the form of

(

a) quiet suggestions,

(

b) note-taking,

(

c) support, or

(

d) addressing the particular needs of a party.

(3) Despite subrule (1), no assistance may be permitted

(

a) that would contravene

section 106(1) of the Legal Profession

Act,

(

b) if the assistance would or might be disruptive, or

(

c) if the assistance would not meet the purpose and intention of

these rules.

Division 4

Lawyer of Record

Lawyer of record

2.24(1) The lawyer or firm of lawyers whose name appears on a

commencement document, pleading, affidavit or other document filed

or served in an action as acting for a party is a lawyer of record for that

party.

(2) When there is a lawyer of record, the party for whom the lawyer of

record acts may not self-represent unless the Court permits.

(3) A lawyer of record remains a lawyer of record until the lawyer

ceases to be a lawyer of record under these rules.

Duties of lawyer of record

2.25(1) The duties of a lawyer of record include:

(

a) to conduct the action in a manner that furthers the purpose

and intention of these rules described in rule 1.2;

(

b) to continue to act as lawyer of record while the lawyer is

recorded in that capacity.

(2) On application, the Court may direct a lawyer of record to disclose

the address of the party for whom the lawyer acts.

Verifying lawyer of record

2.26(1) If a person who is served with a commencement document,

pleading or other document asks a lawyer or firm of lawyers if the

lawyer or firm is a lawyer of record in an action, application or

proceeding, the lawyer must respond to the question in writing as soon

as practicable.

(2) If a lawyer or firm of lawyers whose name appears as a lawyer of

record in an action denies being the lawyer of record,

(

a) every application and proceeding in the action is stayed, and

(

b) no further application, proceeding or step may be taken in the

action without the Court's permission.

Retaining lawyer for limited purposes

2.27(1) If a self-represented litigant or a lawyer of record retains a

lawyer to appear before the Court for a particular purpose, the lawyer

appearing must inform the Court of the nature of the appearance, either

(

a) orally, or

(

b) before the appearance, by filing the terms of the retainer.

(2) If a self-represented litigant retains a lawyer for a particular

purpose, the litigant must attend the application or proceeding for

which the lawyer is retained unless the Court otherwise permits.

Change in lawyer of record or self-representation

2.28(1) A party may change the party's lawyer of record or may self-

represent by

(

a) serving a notice of the change in Form 3 on every other party

and on the lawyer or former lawyer of record, and

(

b) filing an affidavit of service of the notice.

(2) A self-represented litigant who retains a lawyer to act on the

litigant's behalf must serve on every other party a notice to that effect

naming the lawyer of record.

(3) The notice must include an address for service.

(4) The notice is not required to be served on

(

a) a party noted in default, or

(

b) a party against whom default judgment has been entered.

Withdrawal of lawyer of record

2.29(1) Subject to rule 2.31, a lawyer or firm of lawyers may

withdraw as lawyer of record by

(

a) serving on the client and each of the other parties a notice of

withdrawal in Form 4 that states

(

i) the client's last known address, and

(ii) that on the expiry of 10 days after the date on which the

affidavit of service of the notice is filed, the

withdrawing lawyer will no longer be the lawyer of

record,

and

(

b) filing an affidavit of service of the notice.

(2) The withdrawal of the lawyer of record takes effect 10 days after

the affidavit of service of the notice is filed.

(3) The address of the party stated in the notice of withdrawal is the

party's address for service after the lawyer of record withdraws unless

another address for service is provided or the Court otherwise orders.

(4) The Court may on application order that a lawyer need not disclose

the last known address of a client and instead may provide an

alternative address for service for the client in a notice of withdrawal

served under this rule where the Court considers it necessary to protect

the safety and well-being of the client.

(5) An application under subrule (4) may be made without notice.

Service after lawyer ceases to be lawyer of record

2.30 After a lawyer or firm of lawyers ceases to be a lawyer of

record, no delivery of a pleading, affidavit, notice or document relating

to the action is effective service on the former lawyer of record or at

any address for service previously provided by the former lawyer of

record.

Withdrawal after trial date scheduled

2.31 After a trial date is scheduled, a lawyer of record may not,

without the Court's permission, serve a notice of withdrawal as lawyer

of record and any notice of withdrawal that is served without the

Court's permission has no effect.

Automatic termination of lawyer of record and resolving difficulties

2.32(1) A lawyer or firm of lawyers ceases to be the lawyer of record

(

a) in the case of an individual lawyer,

(

i) the lawyer dies,

(ii) the lawyer is suspended or disbarred from practice as a

lawyer, or

(iii) the lawyer ceases to practise as a lawyer;

(

b) in the case of a firm of lawyers, the firm dissolves.

(2) If any of the circumstances described in subrule (1) occurs, any

party may apply to the Court, without notice to any other party, for

directions respecting service of documents.

(3) The Court may

(

a) direct the manner in which service is to be effected,

(

b) dispense with service in accordance with rule 11.29, or

(

c) make any other order respecting service that the

circumstances require.

(4) An order under this rule applies until a notice is given under rule

2.28 or 2.29 or the Court otherwise orders.

(5) Nothing in this rule prevents a party from serving a notice of

change of lawyer of record or notice that the party intends to

self-represent.

Part 3

Court Actions

Division 1

Court Actions and Their Venue

Rules govern Court actions

3.1 A court action for a claim may only be brought and carried on,

applications may only be filed and proceedings may only be taken in

accordance with these rules.

How to start an action

3.2(1) An action may be started only by filing in the appropriate

judicial centre determined under rule 3.3

(

a) a statement of claim by a plaintiff against a defendant,

(

b) an originating application by an originating applicant against

a respondent, or

(

c) a notice of appeal, reference or other procedure or method

specifically authorized or permitted by an enactment.

(2) A statement of claim must be used to start an action unless

(

a) there is no substantial factual dispute,

(

b) there is no person to serve as defendant,

(

c) a decision, act or omission of a person or body is to be the

subject of judicial review,

(

d) an enactment authorizes or requires an application, an

originating application, an originating notice, a notice of

motion or a petition to be used,

(

e) an enactment provides for a remedy, certificate, direction,

opinion or order to be obtained from the Court without

providing the procedure to obtain it, or

(

f) an enactment provides for an appeal to the Court, or

authorizes or permits a reference to the Court, or provides for

a matter to be put before the Court, without providing the

procedure to be used,

in which case an originating application may be used to start the

action.

(3) If an enactment authorizes, requires or permits an application to be

made to the Court,

(

a) if the application is made in an action in respect of which a

commencement document has been filed, the application

must be made under

Part 6 unless the Court otherwise orders,

(

b) if the application is made in an action in respect of which a

commencement document has not been filed and the

enactment does not provide a procedure to be used, an

originating application must be used unless the Court

otherwise orders or these rules otherwise provide.

(4) If an enactment authorizes, requires or permits an appeal or

reference to be made to the Court and provides a procedure, the appeal

or reference must be made by notice of appeal in the form prescribed

by the enactment or, if no form is prescribed, then in a form consistent

with the procedure.

(5) If an enactment authorizes, requires or permits an appeal or

reference to be made to the Court and does not provide a procedure,

the appeal or reference must be made by originating application.

(6) If an action that is started in one form should have been started or

should continue in another, the Court may make any procedural order

to correct and continue the proceeding and deal with any related

matter.

Determining the appropriate judicial centre

3.3(1) The appropriate judicial centre for the purpose of these rules is

(

a) the closest judicial centre, by road, to the Alberta residences

or Alberta places of business of all the parties, or

(

b) if a single judicial centre cannot be determined under clause

(a), the judicial centre that is, by road, the closest to the

Alberta residence or Alberta place of business of one of the

parties, that party being selected by the party starting the

action.

(2) If a party carries on business in more than one Alberta location, the

place of business in Alberta of that party for the purpose of this rule is

the place of business that is nearest to the location at which the matters

in issue in the action arose or were transacted.

(3) Despite subrules (1) and (2), the parties may agree on a judicial

centre in which to start and carry on the action, in which case the

judicial centre agreed on by the parties is the appropriate judicial

centre unless the Court otherwise orders.

Claim for possession of land

3.4(1) Despite rule 3.3, if possession of land is claimed in a statement

of claim that was not filed in

(

a) the judicial centre that is closest, by road, to the land, or

(

b) the judicial centre that is closest, by road, to the Alberta

residence of a defendant,

a defendant may, by making a request in Form 6, require the court

clerk in the judicial centre in which the action is located to transfer the

action to the judicial centre that is closest, by road, to the land or the

Alberta residence of that defendant.

(2) The request must

(

a) name the judicial centre to which the action is to be

transferred, and

(

b) give the reason for the transfer.

(3) The request must

(

a) be filed before close of pleadings in the judicial centre in

which the action is located, and

(

b) be served on each of the other parties.

(4) A person served under subrule (3) who wishes to object to the

request for the transfer of the action must file an objection within 10

days and serve it on the defendant who made the request.

(5) If no objection has been filed and served on the defendant who

made the request by the end of the 10-day period referred to in subrule

(4), the defendant may confirm the request with the court clerk and the

court clerk must transfer the action.

(6) This rule does not apply if

(

a) the Court has issued an order directing that the action be

started in or transferred to a particular judicial centre,

(

b) the parties agree that an action start in or be transferred to a

particular judicial centre, or

(

c) the action has already been transferred to a judicial centre by

a request under this rule.

Transfer of action

3.5 The Court may order that an action be transferred from one

judicial centre to another

(

a) if the Court is satisfied that it would be unreasonable for the

action to be carried on in the judicial centre in which it is

located, or

(

b) at the request of the parties.

Where an action is carried on

3.6(1) An action must be

(

a) carried on in the judicial centre in which the statement of

claim or originating application was filed, or

(

b) if the action is transferred in accordance with rule 3.4 or rule

3.5, continued in the judicial centre to which the action is

transferred, and all subsequent documents in the action must

be titled accordingly.

(2) Despite subrule (1), an application and an originating application

may be heard or a trial may be held in any place specified by the Court

other than the judicial centre.

Post-judgment transfer of action

3.7(1) After judgment or an order has been entered in a judicial

centre, a judgment creditor, on notice to each of the other parties, may

request a temporary transfer of the action to a different judicial centre

for purposes of an application to enforce the judgment or order.

(2) An order granting a temporary transfer of an action under subrule

(1), and any order resulting from an application referred to in subrule

(1), must be filed in the judicial centre from which the action has

temporarily been transferred.

Division 2

Actions Started by Originating Application

Subdivision 1

General Rules

Originating applications and associated evidence

3.8(1) An originating application must

(

a) be in Form 7,

(

b) state the claim and the basis for it,

(

c) state the remedy sought, and

(

d) identify the affidavit or other evidence to be used in support

of the originating application.

(2) If an affidavit is filed to support an originating application, the

affidavit must be confined to

(

a) a statement of facts within the personal knowledge of the

person swearing the affidavit, and

(

b) any other evidence that the person swearing the affidavit

could give at trial.

Service of originating application and evidence

3.9 Except as otherwise provided in rule 3.15(5), an originating

application and any affidavit and other evidence filed with the

originating application must be served on each of the other parties 10

days or more before the date scheduled for hearing the application.

Application of

Part 4 and

Part 5

3.10

Part 4 and

Part 5 do not apply to an action started by originating

application unless the parties otherwise agree or the Court otherwise

orders.

Service and filing of affidavits and other evidence in reply and response

3.11(1) If the respondent to an originating application intends to rely

on an affidavit or other evidence when the originating application is

heard or considered, the respondent must reply by serving on the

originating applicant, a reasonable time before the originating

application is to be heard or considered, a copy of the affidavit or other

evidence on which the respondent intends to rely.

(2) The originating applicant may respond by affidavit or other

evidence to the respondent's affidavit or other evidence and must

(

a) serve the response affidavit or other evidence on the

respondent a reasonable time before the originating

application is to be heard or considered, and

(

b) limit the response to replying to the respondent's affidavit or

other evidence.

(3) If either the respondent or originating applicant does not give the

other reasonable notice under this rule, and an adjournment is not

granted,

(

a) the party who did not give reasonable notice may not rely on

the affidavit or other evidence unless the Court otherwise

permits, and

(

b) the Court may make a costs award against the party who did

not give reasonable notice.

Application of statement of claim rules to originating applications

3.12 At any time in an action started by originating application the

Court may, on application, direct that all or any rules applying to an

action started by statement of claim apply to the action started by

originating application.

Questioning on affidavit and questioning witnesses

3.13(1) The following persons may be questioned by a party adverse

in interest:

(

a) a person who makes an affidavit in support of an originating

application;

(

b) a person who makes an affidavit in response;

(

c) a person who makes an affidavit in reply to a response.

(2) Subject to rule 3.21, a person may be questioned under oath as a

witness for the purpose of obtaining a transcript of the person's

evidence for use at the hearing of an originating application.

(3) A party may question a person whom the party is entitled to

question under this rule by serving on the person an appointment for

questioning.

(4) Rules 6.16 to 6.20 and 6.38 apply for the purposes of this rule.

(5) The questioning party must file the transcript of the questioning.

Originating application evidence (other than judicial review)

3.14(1) When making a decision about an originating application,

other than an originating application for judicial review, the Court may

consider the following evidence only:

(

a) affidavit evidence, including an affidavit by an expert;

(

b) a transcript referred to in rule 3.13;

(

c) if

Part 5 applies by agreement of the parties or order of the

Court to the originating application, the transcript evidence

or answers to written questions, or both, under that Part that

may be used under rule 5.31;

(

d) an admissible record disclosed in an affidavit;

(

e) anything permitted by any other rule or by an enactment;

(

f) evidence taken in any other action, but only if the party

proposing to submit the evidence gives each of the other

parties 5 days' or more notice of that party's intention and

obtains the Court's permission to submit the evidence;

(

g) with the Court's permission, oral evidence, which if

permitted must be given in the same manner as at trial.

(2) An affidavit or other evidence that is used or referred to at a

hearing by the respondent, or by the originating applicant in response

to the respondent, and that has not previously been filed in the action

must be filed as soon as practicable after the hearing.

Subdivision 2

Additional Rules Specific to Originating

Applications for Judicial Review

Originating application for judicial review

3.15(1) An originating application must be filed in the form of an

originating application for judicial review if the originating applicant

seeks from the Court any one or more of the following remedies

against a person or body whose decision, act or omission is subject to

judicial review:

(

a) an order in the nature of mandamus, prohibition, certiorari,

quo warranto or habeas corpus;

(

b) a declaration or injunction.

(2) Subject to rule 3.16, an originating application for judicial review

to set aside a decision or act of a person or body must be filed and

served within 6 months after the date of the decision or act, and rule

13.5 does not apply to this time period.

(3) An originating application for judicial review must be served on

(

a) the person or body in respect of whose act or omission a

remedy is sought,

(

b) the Minister of Justice and Attorney General or the Attorney

General for Canada, or both, as the circumstances require,

and

(

c) every person or body directly affected by the application.

(4) The Court may require an originating application for judicial

review to be served on any person or body not otherwise required to be

served.

(5) An affidavit or other evidence to be used to support the originating

application for judicial review, other than an originating application for

an order in the nature of habeas corpus, must be filed and served on

every other party one month or more before the date scheduled for

hearing the application.

Originating application for judicial review: habeas corpus

3.16(1) An originating application for an order in the nature of habeas

corpus may be filed at any time and must be served under rule 3.15(3)

as soon as practicable after filing.

(2) An affidavit or other evidence to be used to support the originating

application must be filed and served on each of the other parties 10

days or more before the date scheduled for hearing the application.

Attorney General's right to be heard

3.17 The Minister of Justice and Attorney General or the Attorney

General for Canada, or both, as the case requires, is entitled as of right

to be heard on an originating application for judicial review.

Notice to obtain record of proceedings

3.18(1) An originating applicant for judicial review who seeks an

order to set aside a decision or act must include with the originating

application a notice in Form 8, addressed to the person or body who

made or possesses the record of proceedings on which the decision or

act sought to be set aside is based, to send the record of proceedings to

the court clerk named in the notice.

(2) The notice must require the following to be sent or an explanation

to be provided of why an item cannot be sent:

(

a) the written record, if any, of the decision or act that is the

subject of the originating application for judicial review,

(

b) the reasons given for the decision or act, if any,

(

c) the document which started the proceeding,

(

d) the evidence and exhibits filed with the person or body, if

any, and

(

e) anything else relevant to the decision or act in the possession

of the person or body.

(3) The Court may add to, dispense with or vary anything required to

be sent to the court clerk under this rule.

Sending in certified record of proceedings

3.19(1) On receipt of an originating application for judicial review

and a notice in accordance with rule 3.18, the person or body named in

the notice must, as soon as practicable,

(

a) comply with the notice and send to the court clerk a certified

record of proceedings in Form 9, or

(

b) provide in Form 9 a written explanation why the notice

cannot be complied with or fully complied with.

(2) The certified record of proceedings sent to the court clerk under

this rule constitutes part of the court file of the originating application.

(3) If the Court is not satisfied with the explanation for not sending all

or part of the record of proceedings, the Court may order any or all of

the following:

(

a) the person or body to provide a better explanation;

(

b) the person or body to send a certified copy of a record to the

court clerk;

(

c) the person or body to take any other action the Court

considers appropriate.

Other circumstances when record of proceedings may be required

3.20(1) The Court may make an order for the production of the

certified record of proceedings of a person or body if the conditions

described in subrule (2) are met.

(2) The conditions are:

(

a) the originating application for judicial review is for an order

other than an order to set aside a decision or act;

(

b) the certified record of proceedings is required to establish the

claim;

(

c) the person or body that is the subject of the originating

application has not sent to the court clerk the certified record

of proceedings within a reasonable time after the originating

applicant's written request for the person or body to do so.

(3) If the Court orders the certified record of proceedings to be sent to

the court clerk, rules 3.18(3) and 3.19 apply, unless the Court

otherwise orders.

Limit on questioning

3.21 On an originating application for judicial review, no person may

be questioned as a witness for the purpose of obtaining a transcript for

use at the hearing without the Court's permission.

Evidence on judicial review

3.22 When making a decision about an originating application for

judicial review, the Court may consider the following evidence only:

(

a) the certified copy of the record of proceedings of the person

or body that is the subject of the application, if any;

(

b) if questioning was permitted under rule 3.21, a transcript of

that questioning;

(

c) anything permitted by any other rule or by an enactment;

(

d) any other evidence permitted by the Court.

Stay of decision

3.23(1) The Court may stay the operation of a decision or act sought

to be set aside under an originating application for judicial review

pending final determination of the originating application.

(2) Despite subrule (1), no order to stay is to be made if, in the Court's

opinion, the stay would be detrimental either to the public interest or to

public safety.

Additional remedies on judicial review

3.24(1) If an originating applicant is entitled to a declaration that a

decision or act of a person or body is unauthorized or invalid, the

Court may, instead of making a declaration, set aside the decision or

act.

(2) The Court may

(

a) direct a person or body to reconsider the whole or any part of

a matter,

(

b) direct a person or body to reconsider the whole or any part of

a decision if the Court has set aside the decision under

subrule (1), and

(

c) give any other directions it considers necessary.

(3) If the sole ground for a remedy is a defect in form or a technical

irregularity, the Court may, if the Court finds that no substantial wrong

or miscarriage of justice has occurred, despite the defect,

(

a) refuse a remedy, or

(

b) validate the decision made to have effect from a date and

appropriate.

Division 3

Actions Started by Statement of Claim

Subdivision 1

Statement of Claim

Contents of statement of claim

3.25 A statement of claim must

(

a) be in Form 10,

(

b) state the claim and the basis for it,

(

c) state any specific remedy sought, and

(

d) comply with the rules about pleadings in

Part 13, Division 3.

Subdivision 2

Time Limit for Service of Statement of Claim

Time for service of statement of claim

3.26(1) A statement of claim must be served on the defendant within

one year after the date that the statement of claim is filed unless the

Court, on application filed before the one-year time limit expires,

grants an extension of time for service.

(2) The extension of time for service under this rule must not exceed 3

months.

(3) Rule 13.5 does not apply to this rule or to an extension of time

ordered under this rule.

Extension of time for service

3.27(1) The Court may, at any time, grant an extension of time for

service of a statement of claim in any of the following circumstances:

(

a) if a defendant, anyone purporting to be a defendant, or a

lawyer or other person purporting to negotiate on behalf of a

defendant, has caused the plaintiff or the plaintiff's lawyer to

reasonably believe and to rely on the belief that

(

i) the defendant has been served,

(ii) liability is not or will not be contested, or

(iii) a time limit or any time period relating to the action will

not be relied on or will be waived;

(

b) if an order for substitutional service, an order dispensing with

service or an order validating service is set aside;

(

c) special or extraordinary circumstances exist resulting solely

from the defendant's conduct or from the conduct of a person

who is not a party to the action.

(2) If an extension of time is granted under subrule (1), no further

extension of time may be granted under this rule and rule 13.5 does not

apply unless different or new circumstances described in subrule

(1) are established to the Court's satisfaction.

Effect of not serving statement of claim in time

3.28 If a statement of claim is not served on a defendant within the

time or extended time for service,

(

a) no further proceeding may be taken in the action against a

defendant who was not served in time, and

(

b) a statement of claim served on any defendant in time is

unaffected by the failure to serve any other defendant in time.

Notice of extension of time for service

3.29 If a statement of claim is served within an extension of time for

service permitted by the Court under rule 3.26 or rule 3.27, when it is

served the statement of claim must be accompanied with

(

a) a copy of the order granting the extension, or

(

b) written notice of the order.

Subdivision 3

Defence to Statement of Claim, Reply to

Defence and Demand for Notice

Defendant's options

3.30 A defendant who is served with a statement of claim may do

one or more of the following:

(

a) apply to the Court to set aside service in accordance with rule

11.31;

(

b) apply to the Court for an order under rule 3.68;

(

c) file and serve a statement of defence or demand for notice.

Statement of defence

3.31(1) If a defendant files a statement of defence, the statement of

defence must

(

a) be in Form 11, and

(

b) comply with the rules about pleadings in

Part 13, Division 3.

(2) The defendant must file the statement of defence and serve it on

the plaintiff within the applicable time after service of the statement of

claim.

(3) The applicable time is

(a) 20 days if service is effected in Alberta,

(

b) one month if service is effected outside Alberta but in

Canada, and

(c) 2 months if service is effected outside Canada.

Additional options for defendant who files defence

3.32 If a defendant files a statement of defence, the defendant may

also do one or more of the following:

(

a) file a claim against a co-defendant in accordance with rule

3.43;

(

b) file a third party claim in accordance with rule 3.44;

(

c) file a counterclaim in accordance with rule 3.56.

Reply to defence

3.33(1) A plaintiff may file a reply to a statement of defence.

(2) If the plaintiff files a reply, the reply must

(

a) be in Form 12, and

(

b) comply with the rules about pleadings in

Part 13, Division 3.

(3) The plaintiff must file the reply and serve it on the defendant

within 10 days after service of the statement of defence on the plaintiff.

Demand for notice by defendant

3.34(1) If the defendant files a demand for notice, the demand must

be in Form 13.

(2) The defendant must file the demand for notice and serve it on the

plaintiff within the applicable time after service of the statement of

claim on the defendant.

(3) The applicable time is

(a) 20 days if service is effected in Alberta,

(

b) one month if service is effected outside Alberta but in

Canada, and

(c) 2 months if service is effected outside Canada.

(4) If the defendant files a demand for notice and serves it on the

plaintiff, the defendant must be served with notice of any application

or proceeding in which the defendant is named as respondent, but

filing and service of the notice does not give the defendant a right to

contest liability.

(5) If a defendant files a demand for notice and serves it on the

plaintiff, the defendant may subsequently file a statement of defence

only with the Court's permission.

(6) Judgment or an order may be given against a defendant who has

filed and served a demand for notice only if

(

a) the plaintiff applies to the Court for judgment or an order,

and

(

b) notice of the application is served on the defendant.

Judgment or order by agreement

3.35(1) If a lawyer files a statement of defence or demand for notice

on behalf of a defendant, no judgment or order may be obtained by

agreement of the parties unless the defendant's lawyer of record is a

party to the agreement or consents to the agreement.

(2) If a defendant

(

a) does not file a statement of defence or a demand for notice,

(

b) files a statement of defence or demand for notice in person or

by a lawyer who has ceased to be the defendant's lawyer of

record, or

(

c) is not represented by a lawyer of record,

no judgment or order may be obtained by agreement of the parties

unless the defendant's agreement, with an affidavit of execution, is

filed with the application for the judgment or order.

Subdivision 4

Failure to Defend

Judgment in default of defence and noting in default

3.36(1) Subject to subrule (2), if a defendant does not file a statement

of defence or demand for notice, or if the defendant's statement of

defence is struck out, the plaintiff may, on filing an affidavit of service

of the statement of claim,

(

a) enter judgment against the defendant under rule 3.38 or 3.39,

(

b) require the court clerk to enter in the court file of the action,

in Form 14, a note to the effect that the defendant has not

filed a statement of defence and consequently is noted in

default.

(2) A judgment in default of filing a statement of defence must not,

without the Court's permission, be entered against a person who is

represented by a litigation representative.

(3) If the defendant has filed but has not served a statement of defence

or demand for notice, the plaintiff may apply to the Court for a costs

award against the defendant for anything arising from the defendant's

failure.

Application for judgment against defendant noted in default

3.37(1) The plaintiff may, without notice to any other party, on proof

of the plaintiff's claim, apply to the Court for judgment in respect of a

claim for which default judgment has not been entered if

(

a) one or more defendants are noted in default, or

(

b) the defendant's statement of defence is struck out.

(2) In the circumstances described in subrule (1) the plaintiff is

entitled to a costs award.

(3) The Court may do one or more of the following:

(

a) pronounce judgment;

(

b) make any necessary order;

(

c) direct a determination of damages;

(

d) adjourn the application and order additional evidence to be

provided;

(

e) dismiss the claim or a part of it;

(

f) direct that the claim proceed to trial and that notice be served

on every other defendant;

(

g) make a costs award in favour of the plaintiff.

Judgment for recovery of property

3.38 Subject to rule 3.41, if a statement of claim includes a claim for

the recovery of property and one or more defendants do not file a

statement of defence or demand for notice, the plaintiff may enter

judgment against that defendant or those defendants for the recovery of

that property, and the plaintiff is entitled to a costs award.

Judgment for debt or liquidated demand

3.39(1) If a statement of claim includes a claim for a debt or a

liquidated demand, with or without interest, whether as debt or

damages, and one or more defendants do not file a statement of

defence or demand for notice in response to that claim or any part of it,

the plaintiff

(

a) may enter judgment for a sum not exceeding the amount in

respect of which no defence is filed and the interest payable,

if the interest calculation is based on a set rate, either under

an agreement or an enactment, and

(

b) is entitled to a costs award.

(2) In this rule, "liquidated demand" means

(

a) a claim for a specific sum payable under an express or

implied contract for the payment of money, including

interest, not being in the nature of a penalty or unliquidated

damages, where the amount of money claimed can be

determined by

(

i) the terms of the contract,

(ii) calculation only, or

(iii) taking an account between the plaintiff and the

defendant,

(

b) a claim for a specific sum of money, whether or not in the

nature of a penalty or damages, recoverable under an

enactment that contains an express provision that the sum

that is the subject of the claim may be recovered as a

liquidated demand or as liquidated damages.

Continuation of action following judgment

3.40 If judgment is entered against some but not all defendants under

(

a) rule 3.36,

(

b) rule 3.37,

(

c) rule 3.38, or

(

d) rule 3.39,

the plaintiff may continue the action in respect of any defendant

against whom judgment is not entered.

When no defence is filed in foreclosure action

3.41(1) If a defendant in a foreclosure action does not file a statement

of defence or demand for notice, the plaintiff must note the defendant

in default before filing an application for

(

a) personal judgment, or

(

b) a remedy referred to in rule 6.5(2).

(2) A defendant may be noted in default even if the defendant has

filed and served a notice of address for service.

Limitation on when judgment or noting in default may occur

3.42 Despite anything in this Division, judgment may not be entered

against a defendant and a defendant may not be noted in default if the

defendant has filed an application that has not been decided

(

a) to set aside service of a statement of claim, or

(

b) under rule 3.68 to set aside or amend a statement of claim, to

strike out a claim, or to stay an action, application or

proceeding.

Subdivision 5

Claims Against Co-defendants

How to make claim against co-defendant

3.43(1) If a defendant claims a contribution or indemnity, or both,

against a co-defendant under the Tort-feasors Act or the Contributory

Negligence Act,

(

a) the defendant may file and serve on a co-defendant a notice

in Form 15 claiming a remedy under either or both of those

Acts,

(

b) neither the defendant nor the co-defendant need file a

pleading in respect of a claim or defence under those Acts

unless the Court otherwise orders, and

(

c) a third party claim need not be filed and served on the

co-defendant.

(2) The notice claiming contribution must be filed and served on the

co-defendant within 20 days after the date on which the defendant files

the statement of defence or demand for notice.

(3) A claim under subrule (1) must be determined at the trial of the

plaintiff's claim against the defendant, or if there is no trial, as directed

by the Court.

Subdivision 6

Third Party Claims

When third party claim may be filed

3.44 A defendant or third party defendant may file a third party

claim 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,

(

c) should be bound by a decision about an issue between the

plaintiff and the defendant.

Form of third party claim

3.45 A third party claim must

(

a) be in Form 16,

(

b) comply with the rules about pleadings in

Part 13, Division 3,

(

c) be filed and served on the plaintiff and the third party

defendant, whether or not the third party defendant is already

a party to the action,

(

i) within 6 months after the date on which the defendant

filed a statement of defence or demand for notice, and

(ii) before judgment is entered against the defendant or the

defendant is noted in default,

and

(

d) be accompanied, when it is served on the third party

defendant, with a copy of the statement of claim served on

the defendant.

Third party defendant becomes party

3.46(1) On service of a third party claim,

(

a) the third party defendant becomes a party to the action

between the plaintiff and the defendant, and

(

b) all subsequent proceedings in the action must name the third

party as a party in the action between the plaintiff and the

defendant.

(2) The pleadings between

(

a) the defendant and the third party defendant, and

(

b) a third party plaintiff and a third party defendant,

form part of the court file between the plaintiff and the defendant.

(3) A third party claim must be tried with the other claims in the

action unless the Court otherwise orders under rule 3.71.

Third party defendant's options

3.47 A third party defendant may do one or more of the following:

(

a) apply to the Court to set aside service in accordance with rule

11.31;

(

b) apply to the Court for an order under rule 3.68 with respect to

the third party claim;

(

c) apply to the Court for an order under rule 3.68 with respect to

the plaintiff's statement of claim;

(

d) file a statement of defence or demand for notice.

Plaintiff's options

3.48 A plaintiff in an action in which a third party claim is filed may

apply to the Court for an order under rule 3.68 with respect to the third

party claim.

Third party statement of defence

3.49(1) A statement of defence by a third party defendant

(

a) must be in Form 17,

(

b) must comply with the rules about pleadings in

Part 13,

Division 3, and

(

c) may dispute either or both of the following:

(

i) the defendant's liability to the plaintiff, or

(ii) the third party defendant's liability described in the

third party claim.

(2) If a third party defendant files a statement of defence, the third

party defendant must file it and serve it on each of the other parties

within the applicable time after service of the third party claim on the

third party defendant.

(3) The applicable time is

(a) 20 days if service is effected in Alberta,

(

b) one month if service is effected outside Alberta but in

Canada, and

(c) 2 months if service is effected outside Canada.

(4) If a third party defendant files a statement of defence, the third

party defendant may do either or both of the following:

(

a) make a claim against a third party co-defendant in

accordance with rule 3.43;

(

b) make a counterclaim in accordance with rule 3.56(2).

Demand for notice by third party defendant

3.50(1) A demand for notice by a third party defendant must be in

Form 18.

(2) If a third party defendant files a demand for notice, the third party

defendant must file it and serve it on each of the other parties within

the applicable time after service of the third party claim on the third

party defendant.

(3) The applicable time is

(a) 20 days if service is effected in Alberta,

(

b) one month if service is effected outside Alberta but in

Canada, and

(c) 2 months if service is effected outside Canada.

Effect of demand for notice

3.51(1) If a third party defendant files and serves a demand for

notice, the third party defendant must be served with notice of any

application in which the third party defendant is named as respondent.

(2) Judgment may be entered against a third party defendant who has

filed and served a demand for notice only if

(

a) the third party plaintiff applies to the Court for judgment, and

(

b) notice of the application is served on the third party

defendant.

(3) If a third party defendant files and serves a demand for notice, the

third party defendant may subsequently file a statement of defence

only with the Court's permission.

Consequences of not filing third party statement of defence

3.52(1) If a third party defendant does not file a statement of defence

disputing the liability of the defendant to the plaintiff, the third party

defendant admits the validity of any judgment that the plaintiff obtains

against the defendant, whether obtained by agreement or otherwise.

(2) If a third party defendant does not file a statement of defence

disputing the third party defendant's liability to the third party plaintiff

under the third party claim, the third party defendant admits liability to

the extent claimed in the third party claim.

Judgment against third party defendant

3.53(1) The Court may give judgment against a third party defendant

if the third party defendant does not file a statement of defence.

(2) Judgment against a defendant must be satisfied before judgment is

enforced against a third party defendant unless the Court otherwise

orders.

(3) An application by a defendant to enforce a judgment against a

third party defendant under subrule (2) must

(

a) be in Form 19, and

(

b) be served on the plaintiff and the third party defendant.

Plaintiff's reply to third party defence

3.54(1) A plaintiff or third party plaintiff may file a reply to a

statement of defence filed by a third party defendant.

(2) If a plaintiff or third party plaintiff files a reply, the reply must

(

a) be in Form 20,

(

b) comply with the rules about pleadings in

Part 13, Division 3,

and

(

c) be filed and served on the third party defendant and each of

the other parties within 10 days after service of the statement

of defence by the third party defendant on the plaintiff.

Application of rules to third party claims

3.55 Except when the context or these rules otherwise provide, a rule

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 statement of claim

applies equally to or in respect of a pleading related to a third

party claim.

Subdivision 7

Counterclaims

Right to counterclaim

3.56(1) A defendant may, by counterclaim, file a claim against

(

a) a plaintiff, or

(

b) the plaintiff and another person whether the other person is a

party to the action by the plaintiff or not.

(2) A third party defendant may, by counterclaim, file a claim against

the plaintiff, defendant or third party plaintiff, or any combination of

them, with or without any other person, whether the other person is a

party to the action or not.

Contents of counterclaim

3.57 A counterclaim must

(

a) be in Form 21,

(

b) comply with the rules about pleadings in

Part 13, Division 3,

and

(

c) be filed and served on the defendant-by-counterclaim within

the same time period that the plaintiff-by-counterclaim must

file a statement of defence under rule 3.31(2).

Status of counterclaim

3.58 A counterclaim is an independent action.

Claiming set-off

3.59 A matter that might be claimed by set-off may be claimed by

counterclaim or by pleading set-off as a defence.

Application of rules to counterclaims

3.60(1) Except when the context or these rules otherwise provide, a

rule that applies to or in respect of

(

a) a plaintiff applies equally to or in respect of a plaintiff-by-

counterclaim and a third party plaintiff-by-counterclaim,

(

b) a defendant applies equally to or in respect of a defendant-

by-counterclaim and a third party defendant-by-counterclaim,

and

(

c) a pleading related to a claim made by statement of claim

applies equally to or in respect of a pleading related to a

counterclaim.

(2) If the defendant-by-counterclaim does not file a statement of

defence or demand for notice in respect of a counterclaim, a judgment

on the counterclaim may be obtained only with the Court's permission

after notice of the application has been served on the defendant-by-

counterclaim.

Division 4

Request for Particulars, Amendments to

Pleadings and Close of Pleadings

Request for particulars

3.61(1) A party on whom a pleading is served may serve on the party

who served the pleading a request for particulars about anything in the

pleading.

(2) If the requesting party does not receive a sufficient response within

10 days after the date on which the request is served, the requesting

party may apply to the Court for an order requiring the party who

served the pleading to provide the particulars.

(3) If the Court orders particulars to be provided, it must specify a

time within which the order is to be complied with.

(4) Subject to any order, despite a request for particulars, the

obligation under these rules to file and serve pleadings continues even

though a request for particulars has been made and whether or not it

has been complied with.

Amending pleading

3.62(1) A party may amend the party's pleading, including an

amendment to add, remove, substitute or correct the name of a party,

as follows:

(

a) before pleadings close, any number of times without the

Court's permission;

(

b) after pleadings close, only by agreement of the parties filed

with the Court,

(

i) for the addition, removal, substitution or correction of

the name of a party, with the Court's prior permission in

accordance with rule 3.74, or

(ii) for any other amendment, with the Court's prior

permission in accordance with rule 3.65.

(2) An amended pleading must be

(

a) filed, and

(

b) served on each of the other parties within 10 days after the

date on which it is filed.

(3) A party may, without the Court's permission, amend that party's

pleading before or after pleadings close if that amended pleading is

(

a) a statement of defence in response to an amended statement

of claim, an amended counterclaim or an amended third party

claim, or

(

b) a reply to an amended statement of defence, amended

statement of defence to an amended counterclaim, or

amended statement of defence to an amended third party

claim.

(4) A response pleading referred to in subrule (3) must be

(

a) filed, and

(

b) served on each of the other parties within 10 days after the

date that the amended pleading referred to in subrule (3) is

served.

(5) If a party has pleaded in response to a pleading that is

subsequently amended and served on that party and the party does not

file and serve a further response to the amended pleading, the party is

assumed to rely on the party's unamended pleading in response to the

amended pleading referred to in subrule (3).

(6) This rule does not apply to amendments to a class proceeding

under the Class Proceedings Act.

Identifying amendments to pleadings

3.63(1) Unless the Court otherwise orders, if a party amends a

pleading, a new pleading must be filed, being a copy of the original

pleading but amended and bearing the date of the original.

(2) The amendment must

(

a) be dated and identified, and each amended version must be

identified, and

(

b) be endorsed by the court clerk in the following form:

Amended on [date] by [order] [party consent]

Dated . . .

Time limit for application to disallow amendment to pleading

3.64(1) On application, the Court may disallow an amendment to a

pleading or a part of it.

(2) The application must be filed within 10 days after service on the

applicant of the amended pleading.

Permission of Court to amendment before or after close of pleadings

3.65(1) Subject to subrule (5), before or after close of pleadings, the

Court may give permission to amend a pleading.

(2) If the Court gives permission for a pleading to be amended, the

Court must specify the time period within which the amended pleading

must be filed and served.

(3) An order giving permission to amend a pleading under this rule

ceases to have effect unless the amended pleading is filed and served

within the time specified by the Court.

(4) If the Court directs or allows a pleading to be amended at trial,

(

a) the amendment must be recorded in writing by the court

clerk, and

(

b) no order need be filed.

(5) This rule does not apply to an amendment to a pleading to add,

remove, substitute or correct the name of a party to which rule 3.74

applies.

Costs

3.66 The costs, if any, as a result of an amendment to a pleading are

to be borne by the party filing the amendment unless

(

a) the amendment is a response to an amended pleading, or

(

b) the Court otherwise orders.

Close of pleadings

3.67(1) This rule applies to pleadings between the following:

(

a) a plaintiff and a defendant;

(

b) a plaintiff-by-counterclaim and a defendant-by-counterclaim;

(

c) a third party plaintiff and a third party defendant;

(

d) a plaintiff and a third party defendant.

(2) Pleadings close when

(

a) a reply is filed and served by a plaintiff, plaintiff-by-

counterclaim or third party plaintiff, as the case may be, or

(

b) the time for filing and serving a reply expires,

whichever is earlier.

(3) The close of pleadings against one party represents the close of

pleadings against all parties to that pleading.

Division 5

Significant Deficiencies in Claims

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.

(3) No evidence may be submitted on an application made on the basis

of the condition set out in subrule (2)(b).

(4) The Court may

(

a) strike out all or part of an affidavit that contains frivolous,

irrelevant or improper information;

(

b) strike out all or any pleadings if a party without sufficient

cause does not

(

i) serve an affidavit of records in accordance with rule 5.5,

(ii) comply with rule 5.10, or

(iii) comply with an order under rule 5.11.

Division 6

Refining Claims and Changing Parties

Subdivision 1

Joining and Separating Claims and Parties

Joining claims

3.69(1) A party may join 2 or more claims in an action unless the

Court otherwise orders.

(2) A party may sue or be sued in different capacities in the same

action.

(3) If there is more than one defendant or respondent, it is not

necessary for each to have an interest

(

a) in all the remedies claimed or sought, or

(

b) in each claim included in the action.

Parties joining to bring action

3.70(1) Two or more parties may join to bring an action, and a

plaintiff or originating applicant may make a claim against 2 or more

persons as defendants or respondents in an action, if

(

a) the claim arises out of the same transaction or occurrence or

series of transactions or occurrences,

(

b) a question of law or fact common to the parties is likely to

arise, or

(

c) the Court permits.

(2) This rule applies irrespective of the remedy claimed by the

plaintiff or originating applicant and whether or not 2 or more

plaintiffs or originating applicants seek the same remedy.

Separating claims

3.71(1) When 2 or more claims are made in an action or when 2 or

more parties join or are joined in an action, the Court may make an

order under this rule if the Court is satisfied that the joined claims or

parties, or both, may

(

a) unduly complicate or delay the action, or

(

b) cause undue prejudice to a party.

(2) The Court may, by order, do one or more of the following:

(

a) order separate trials, hearings, applications or other

proceedings;

(

b) order one or more of the claims to be asserted in another

action;

(

c) order a party to be compensated by a costs award for having

to attend part of a trial, hearing, application or proceeding in

which the party has no interest;

(

d) excuse a party from having to attend all or part of a trial,

hearing, application or proceeding in which the party has no

interest.

Consolidation or separation of claims and actions

3.72(1) The Court may order one or more of the following:

(

a) that 2 or more claims or actions be consolidated;

(

b) that 2 or more claims or actions be tried at the same time or

one after the other;

(

c) that one or more claims or actions be stayed until another

claim or action is determined;

(

d) that a claim be asserted as a counterclaim in another action.

(2) An order under subrule (1) may be made for any reason the Court

considers appropriate, including, without limitation, that 2 or more

claims or actions

(

a) have a common question of law or fact, or

(

b) arise out of the same transaction or occurrence or series of

transactions or occurrences.

Incorrect parties not fatal to actions

3.73(1) No claim or action fails solely because

(a) 2 or more parties join in an action that they should not have

joined,

(b) 2 or more parties do not join an action that they could or

should have joined, or

(

c) a party was incorrectly named as a party or was incorrectly

omitted from being named as a party.

(2) If subrule (1) applies, a judgment entered in respect of the action is

without prejudice to the rights of persons who were not parties to the

action.

Subdivision 2

Changes to Parties

Adding, removing or substituting parties after close of pleadings

3.74(1) After close of pleadings, no person may be added, removed

or substituted as a party to an action started by statement of claim

except in accordance with this rule.

(2) On application, the Court may order that a person be added,

removed or substituted as a party to an action if

(

a) in the case of a person to be added or substituted as plaintiff,

plaintiff-by-counterclaim or third party plaintiff, the

application is made by a person or party and the consent of

the person proposed to be added or substituted as a party is

filed with the application;

(

b) in the case of an application to add or substitute any other

party, or to remove or to correct the name of a party, the

application is made by a party and the Court is satisfied the

order should be made.

(3) The Court may not make an order under this rule if prejudice

would result for a party that could not be remedied by a costs award,

an adjournment or the imposition of terms.

Adding, removing or substituting parties to originating application

3.75(1) In an action started by originating application no party or

person may be added or substituted as a party to the action except in

accordance with this rule.

(2) On application of a party or person, the Court may order that a

person be added or substituted as a party to the action,

(

a) in the case of a person to be added or substituted as an

originating applicant, if consent of the person proposed to be

added or substituted is filed with the application;

(

b) in the case of an application to add or substitute a person as a

respondent, or to remove or correct the name of a party, if the

Court is satisfied the order should be made.

(3) The Court may not make an order under this rule if prejudice

would result for a party that could not be remedied by a costs award,

an adjournment or the imposition of terms.

Action to be taken when defendant or respondent added

3.76(1) If a defendant or respondent is added to or substituted in an

action, the plaintiff, originating applicant, plaintiff-by-counterclaim or

third party plaintiff must, unless the Court otherwise orders,

(

a) amend the commencement document, as required, to name

the new party, and

(

b) serve the amended commencement document on each of the

other parties.

(2) Unless the Court otherwise orders,

(

a) in the case of a new defendant, the new defendant has the

same time period to serve a statement of defence as the

defendant had under rule 3.31, and

(

b) the action against the new defendant or new respondent, as

the case may be, starts on the date on which the new party is

added to or substituted in the action.

Subsequent encumbrancers not parties in foreclosure action

3.77 A plaintiff in a foreclosure action must not make any

subsequent encumbrancer a party to the claim unless possession is

claimed from the subsequent encumbrancer.

Part 4

Managing Litigation

Division 1

Responsibility of Parties

Responsibility of parties to manage litigation

4.1 The parties are responsible for managing their dispute and for

planning its resolution in a timely and cost-effective way.

What the responsibility includes

4.2 The responsibility of the parties to manage their dispute and to

plan its resolution requires the parties

(

a) to act in a manner that furthers the purpose and intention of

these rules described in rule 1.2,

(

b) in an action categorized as a standard case, to respond in a

substantive way and within a reasonable time to any proposal

for the conduct of an action,

(

c) in an action categorized as a complex case, to meet or to

adjust dates in a timely way in a complex case litigation plan,

(

d) when the complexity or the nature of an action requires it, to

apply to the Court for direction, or request case management

under rule 4.12, and

(

e) to consider and engage in one or more dispute resolution

processes described in rule 4.16(1) unless the Court waives

that requirement.

Categories of court action

4.3(1) For the purpose of these rules, actions are categorized as

(

a) standard cases, or

(

b) complex cases.

(2) In deciding whether an action should be categorized as a standard

or complex case, the parties or the Court, as the case requires, must

consider the following factors:

(

a) the amount of the claim, the number and nature of the claims,

and the complexity of the action;

(

b) the number of parties;

(

c) the number of documents involved;

(

d) the number and complexity of issues and how important they

are;

(

e) how long questioning under

Part 5 is likely to take;

(

f) whether expert reports will be required and, if so, the time it

will take to exchange reports and to question experts under

Part 5;

(

g) whether medical examinations and reports under

Part 5,

Division 3 will be required;

(

h) any other matter that should be considered to meet the

purpose and intention of the rules described in rule 1.2;

(

i) whether a third party claim has been or is likely to be made.

(3) If, within 4 months after the date a statement of defence is filed,

the parties do not agree on whether the action is a standard or complex

case, and the Court does not otherwise order, the action is to be

categorized as a standard case.

Standard case obligations

4.4(1) Unless the parties otherwise agree, or the Court otherwise

orders, and subject to matters arising beyond the control of the parties,

the parties to an action categorized as a standard case must, within a

reasonable time considering the nature of the action, complete each of

the following steps or stages in the action:

(

a) close of pleadings;

(

b) disclosure of information under

Part 5;

(

c) at least one of the dispute resolution processes described in

rule 4.16(1), unless the requirement is waived by the Court;

(

d) application for a trial date.

(2) A party to an action categorized as a standard case may serve on

the other party a proposed litigation plan or a proposal for the

completion or timing of any stage or step in the action, and if no

agreement is reached, any party may apply to the Court for a

procedural or other order respecting the plan or proposal.

Complex case obligations

4.5(1) The parties to an action categorized as a complex case must,

within 4 months after the date that the parties agree to the

categorization or the Court determines that the action is a complex

case,

(

a) agree on a complex case litigation plan, and

(

b) unless reasons are given in the plan not to do so,

(

i) establish a date by which the real issues in dispute will

be identified,

(ii) agree on a protocol for the organization and production

of records,

(iii) set a date by which disclosure of records will be

completed under rule 5.5,

(iv) set a date by which questioning under

Part 5 will be

completed,

(

v) set a date by which all experts' reports and rebuttal and

surrebuttal expert reports will be served,

(vi) set a date by which reports of any health care

professionals will be obtained, and

(vii) agree on an estimated date to apply for a trial date.

(2) When a complex case litigation plan or an amendment to the plan

is agreed to, the plaintiff must file it and serve it on all parties.

Settling disputes about complex case litigation plans

4.6 If no agreement is reached on a complex case litigation plan

within the period referred to in rule 4.5(1), or if the parties cannot

agree on an adjustment to a date in the plan, the Court may

(

a) establish or amend a complex case litigation plan for the

action, or

(

b) make a procedural order with respect to the action generally

or to deal with particular issues or issues that may arise.

Monitoring and adjusting dates

4.7(1) The parties must monitor progress in their action and adjust the

dates by which a stage or step in the action is expected to be completed

if a party is added to the action or as circumstances require.

(2) On application, the Court may adjust or set dates by which a stage

or a s