Alberta Rules of Court (Alta. Reg. 124/2010)

Alta. Reg. 124/2010

Alberta — Regulations

© Published by Alberta King’s Printer Alberta King’s Printer Suite 700, Park Plaza 10611 - 98 Avenue Edmonton, AB T5K 2P7 Phone: 780-427-4952 E-mail: kings-printer@gov.ab.ca Shop on-line at kings-printer.alberta.ca Province of Alberta Office Consolidation Alberta Regulation 124/2010 With amendments up to and including Alberta Regulation 79/2026 Current as of June 1, 2026 JUDICATURE ACT ALBERTA RULES OF COURT

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(Consolidated up to 79/2026) ALBERTA REGULATION 124/2010 Judicature Act ALBERTA RULES OF COURT 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 intent ion 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-co mpliance 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 inconsis tencies 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

AR 124/2010 ALBERTA RULES OF COURT 2 2.9 Class proceedings pra ctice and procedure 2.10 Intervenor status Division 2 Litigation Representatives 2.11 Litigation repres entative required 2.12 Types of litigation representa tives and service of documents 2.13 Automatic litigation representatives 2.14 Self-appointed litigat ion representatives 2.15 Court appointment in absence of self-appointment 2.16 Court-appointed litigation repr esentatives in limited cases 2.17 Lawyer appointed as lit igation representative 2.18 Approval of settlement 2.19 Court approval of settlem ent, discontinuance, and abandonment of actions 2.20 Money received by litig ation representative 2.21 Litigation repr esentative: termination, replacement, terms and conditions 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 recor d 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

AR 124/2010 ALBERTA RULES OF COURT 3 3.4 Claim for poss ession 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 ap plication and evidence 3.10 Application of

Part 4 and

Part 5 3.11 Service and filing of affidavit s and other evidence in reply and response 3.12 Application of statement of claim rules to originating applica tions 3.13 Questioning on affidavit and questioning witnesses 3.14 Originating application evidenc e (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 state ment of claim Subdivision 2 Time Limit for Service of Statement of Claim 3.26 Time for service o f statement of claim 3.27 Extension of time for service 3.28 Effect of not serving stat ement of claim in time

AR 124/2010 ALBERTA RULES OF COURT 4 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 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 defenc e and noting in default 3.37 Application for judgment agai nst 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 def ence and additional options 3.50 Demand for notice by third party defendant 3.51 Effect of demand for notice 3.52 Consequences of not filing thir d party statement of defence 3.53 Judgment against thir d party defendant 3.54 Plaintiff’s reply to third party defence 3.55 Application of rules to third party claims

AR 124/2010 ALBERTA RULES OF COURT 5 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 d isallow amendment to pleading 3.65 Permission of Court to amendment before or after close of pleadings 3.66 C o s t s 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 separatio n 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 pleadi ngs 3.75 Adding, removing or substituting parties to originating applic ation 3.76 Action to be taken when defendant or respondent added 3.77 Subsequent encumbrancers not parties in foreclosure action

AR 124/2010 ALBERTA RULES OF COURT 6

Part 4 Managing Litigation Division 1 Responsibility of Parties 4.1 Responsibility of par ties 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 com plex 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 streamlined 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 j udicial 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

AR 124/2010 ALBERTA RULES OF COURT 7 Division 5 Settlement Using Court Process 4.24 Formal offe rs 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 forma l offer to settle 4.29 Costs consequences of fo rmal 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 transfe r or transmission of interest 4.35 Death has no effect on ac tion 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 content of affidavit of records 5.7 Producible records

AR 124/2010 ALBERTA RULES OF COURT 8 5.8 Producible records for which ther e 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 authe nticity of records 5.16 Undisclosed reco rds 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 or partnership 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 questi oning limitations 5.25 Appropriate questions and objections 5.26 Transcript of ora l 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 answ ers 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 ex pert’s report 5.37 Questioning experts before trial 5.38 Continuing obligat ion on expert 5.39 Use of expert’s report at trial without expert 5.40 Expert’s attendance at trial

AR 124/2010 ALBERTA RULES OF COURT 9 Division 3 Medical Examinations by Health Care Professionals 5.41 Medical examinations 5.42 Options during m edical 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 Divisi on 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 ge t notice of application 6.13 Recording hearings when only one party present Subdivision 4 Appeal from Application Judge’s Judgment or Order 6.14 Appeal from application judge’s judgment or order Subdivision 5 Procedure for Questioning 6.15 Appointment for questioning under this

Part 6.16 Contents of notice of appointment

AR 124/2010 ALBERTA RULES OF COURT 10 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 a nything 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 or applications judge assigned to application 6.34 Application to seal or unseal court files 6.35 Persons having standing at application 6.36 No publication pending application 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

AR 124/2010 ALBERTA RULES OF COURT 11 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 Trial Division 1 Resolving Particular Questions or Issues 7.1 Application to resolve particular questions or issues

AR 124/2010 ALBERTA RULES OF COURT 12 Division 2

Summary Judgment 7.2 Application for judgment 7.3 Application and decision 7.4 Proceedings after

summary judgment against party

Part 8 Trial Division 1 Mode of Trial 8.1 Mode of trial Division 1.1 Jury Trial 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 judge 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 inte nded 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 a t close of plaintiff’s case 8.21 Retrials

AR 124/2010 ALBERTA RULES OF COURT 13 8.22 Continuing trial without jury 8.23 Judgment after jury trial 8.24 Accidents and mistakes Division 5 Streamlined Trial 8.25 Use of streamlined trial 8.26 Application for streamlined trial 8.27 Dispute over mode of trial 8.28 Preparing record 8.29 Scheduling of streamlined trials 8.30 Procedure at str eamlined trial 8.31 Decision after streamlined trial

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 j udgments 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 j udgments 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 afte r judgment or order entered 9.15 Setting aside, varying and di scharging judgments and orders 9.16 By whom applications are to be decided

AR 124/2010 ALBERTA RULES OF COURT 14 Division 4 Enforcement of Judgments and Orders 9.17 Enforcement: orders for paym ent 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 partner s’ 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: assessm ent 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 conv ention 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

AR 124/2010 ALBERTA RULES OF COURT 15 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 regi ster 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 repr esentative 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 re tainer 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 appointmen t: lawyer’s responsibility

AR 124/2010 ALBERTA RULES OF COURT 16 10.15 Retainer agreem ent confidentiality 10.16 Absence of person at a ppointment 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 c harges: 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 per son 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

AR 124/2010 ALBERTA RULES OF COURT 17 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

AR 124/2010 ALBERTA RULES OF COURT 18 11.4 Methods of service in Alberta 11.5 Service on individuals 11.6 Service on trustees and personal representatives 11.7 Service on litigati on representatives 11.8 Missing persons 11.9 Service on corporations 11.10 Service on limited partnerships 11.11 Service on partnerships ot her than limited partnerships 11.12 Service on individuals using another name 11.13 Service on a corporat ion using another name 11.14 Service on statutor y and other entities 11.15 Service on person providi ng 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 repres entatives of absent parties Division 3 Service of Documents, Other than Commencement Documents, in Alberta 11.20 Service of documents, other t han 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 Method 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

AR 124/2010 ALBERTA RULES OF COURT 19 Division 7 Service of Foreign Process 11.32 Procedure for service Division 8 Service in a Contracting State under the Hague Convention 11.33

Definitions 11.34 Service in Contracting State 11.35 Default judgment under the Convention

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), Family Property Act or Matrimonial Property Act 12.7 Starting proceeding under Divorce Act (Canada) 12.8 Starting proceeding under Family Property Act 12.9 Starting combined proceeding under Divorce Act (Canada) and Family Property Act 12.10 Action for unjust enrichment 12.11 Statement of defence, counter claim and demand for notice 12.12 Time for service of docum ents filed under rule 12.11 12.121 Transitional – proceedings under former Act 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

AR 124/2010 ALBERTA RULES OF COURT 20 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 r equest for additional order 12.21 Service of documents filed under rule 12.20 12.22 New evidence 12.23 Questioning on statement, r eply 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 under Divorce Act ( Canada) to recognize decision of competent authority varying parenting or contact order 12.27 Applications under Extra-provincial Enforcement of Custody Ord ers 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 evid ence for review 12.30 Application for King’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

AR 124/2010 ALBERTA RULES OF COURT 21 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 judg ment under Divorce Act (Canada) 12.451 Application to vary, suspend or rescind a support order under the Divorce Act (Canada) where one former spouse resides in another province 12.46 Outgoing interjurisdictional application to obtain, vary, susp end or rescind a support order —

section 18.1 of the Divorce Act (Canada) 12.47 Incoming interjurisdictional applications to obtain, vary, suspend or rescind a support order —

section 18.1 or 19 of the Divorce Act (Canada) Division 7 Resolving Claims Without Full Trial 12.48 Availability of application for

summary judgment 12.49 Streamlined trial 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 Registration of order made in another province under the 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

AR 124/2010 ALBERTA RULES OF COURT 22 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 King’s Bench sitting as original court 12.61 Appeal from Court of Justice or der to Court of King’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 King’s Bench sitting as appeal court

Part 13 Technical Rules Division 1 Judge Unable to Continue 13.1 When one judge may act in pl ace of or replace another Division 2 Calculating Time 13.2 Application of these rule s for calculating time 13.3 Counting days 13.4 Counting months and years 13.5 Variation of ti me periods Division 3 Pleadings 13.6 Pleadings: general requirements 13.7 Pleadings: other requirements 13.8 Pleadings: other contents 13.9 Defence of tender

AR 124/2010 ALBERTA RULES OF COURT 23 13.10 Pleadings: specific req uirements for replies 13.11 Pleadings: specific requirem ents 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 o f original records 13.30 Authenticated photographs o f 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

AR 124/2010 ALBERTA RULES OF COURT 24 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 Division 1 The Right to Appeal Subdivision 1

Interpretation and Application 14.1

Definitions 14.2 Application of general rules 14.3 When these rules apply Subdivision 2 Appeals of as Right 14.4 Right to appeal Subdivision 3 Appeals with Permission 14.5 Appeals only with permission

AR 124/2010 ALBERTA RULES OF COURT 25 Subdivision 4 Cross Appeals 14.6 Cross appeals Division 2 The Appeal Process Subdivision 1 Starting an Appeal or Cross Appeal 14.7 How to start an appeal 14.8 Filing a notice of appeal 14.9 Appeals from several decisions 14.11 How to start a cross appeal Subdivision 2 Notices of Appeal or Cross Appeal 14.12 Contents and format of notices of appeal and cross appeal Subdivision 3 Types of Appeals 14.13 Standard appeals 14.14 Fast track appeals Subdivision 4 Appeal Record 14.15 Ordering the Appeal Record 14.16 Filing the Appeal Record 14.18 Contents of Appeal Record - standard appeals 14.20 Contents of Appeal Record - appeals from tribunals 14.21 Format of Appeal Record Division 3 Preparing Written Argument and Scheduling Oral Argument of Appeals Subdivision 1 Factums 14.23 Filing factums - standard appeals 14.24 Filing factums - fast track appeals 14.25 Contents of factums 14.26 Format of factums Subdivision 2 Extracts of Key Evidence 14.27 Filing Extracts of Key Evidence 14.28 Record before the Court

AR 124/2010 ALBERTA RULES OF COURT 26 14.29 Format of Extracts of Key Evidence Subdivision 3 Condensed Books 14.30 Filing Condensed Books Subdivision 4 Scheduling of Oral Argument 14.32 Oral argument 14.33 Scheduling standard appeals 14.34 Scheduling fast track appeals 14.35 Rescheduling appeals Division 4 Applications Subdivision 1 Deciding Applications 14.36 Case management officers 14.37 Single appeal judges 14.38 Court of Appeal panels Subdivision 2 How to Apply 14.39 Case management officers 14.40 Applications to single appeal judges 14.41 Responses to applications to single appeal judges 14.42 Application to court of appeal panels 14.43 Responses to applications to court of appeal panels Subdivision 3 Rules for Specific Applications 14.44 Application for permission to appeal 14.45 Application to admit new evidence 14.46 Application to reconsider a previous decision 14.47 Application to restore an appeal 14.48 Stay pending appeal Subdivision 4 Deciding Applications 14.49 Failure to respond 14.50 Time limits for oral argument 14.51 Applications without oral argument 14.52 Applications not heard within 3 months

AR 124/2010 ALBERTA RULES OF COURT 27 Subdivision 5 Format of Applications and Responses 14.53 Format of applications 14.54 Format of memorandum Division 5 Managing the Appeal Process Subdivision 1 Responsibilities of the Parties and Court Assistance 14.55 Responsibility of parties to manage an appeal 14.56 Orders to facilitate appeal Subdivision 2 Parties to an Appeal 14.57 Adding, removing or substituting parties to an appeal 14.58 Intervenor status on appeal Subdivision 3 Settlement Using Court Process 14.59 Formal offers to settle Subdivision 4 Judicial Dispute Resolution on Appeal 14.60 Judicial dispute resolution on appeal 14.61 Suspension o f time periods Subdivision 5 Delay in Advancing Appeals 14.62 Dismissal for delay 14.63 Powers of a single appeal judge 14.64 Failure to meet deadlines 14.65 Restoring appeals Subdivision 6 Discontinuing an Appeal 14.66 Discontinuance Subdivision 7 Security for Costs 14.67 Security for costs

AR 124/2010 ALBERTA RULES OF COURT 28 Division 6 Deciding Appeals and Applications Subdivision 1 Effect of Filing an Appeal 14.68 No stay of enforcement 14.69 Intermediate acts valid Subdivision 2 Basis on Which Appeals are Decided 14.70 No new evidence without order 14.71 Interlocutory decisions 14.72 Binding precedents Subdivision 3 Powers of the Court 14.73 Procedural powers 14.74 Application to dismiss an appeal 14.75 Disposing of appeals 14.76 Judgment by consent Subdivision 4 Judgments and Orders 14.77 Preparation and signatur e of judgments and orders 14.78 Entry of judgments and orders 14.79 Supreme Court of Canada judgments 14.80 Interest on judgments Division 7 General Rules for Appeals Subdivision 1 Service of Appeal Documents and Representation 14.81 Service of appeal documents 14.82 Lawyer of record and litigation representative Subdivision 2 Restricted Access Orders 14.83 Orders restricting access to appeal proceedings Subdivision 3 Rules for All Filed Materials 14.84 Place of filing 14.85 Method of filing 14.86 Non-compliant appeal materials

AR 124/2010 ALBERTA RULES OF COURT 29 14.87 Requirements for all documents Subdivision 4 Costs of Appeal 14.88 Cost awards Subdivision 5 Fees on Appeal 14.89 Fees and allowances Subdivision 6 Sanctions 14.90 Sanctions Subdivision 7 The Registrar 14.91 Duties of a Registrar 14.92 Authority of the Registrar

Part 15 Transitional Provisions and Coming Into Force 15.1

Definitions 15.2 New rules apply to existing proceedings 15.3 Dispute resolution requirements 15.5 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 offe r to settle 15.12 New test or criteria 15.13 Place of existing proceeding 15.14 Repeal 15.15 Coming into force 15.16 Transitional provisions -

Part 14 Schedules Appendix

Rule 1.1 AR 124/2010 ALBERTA RULES OF COURT 30

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 King’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. AR 124/2010 s1.1;218/2022 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 r eal issues in dispute, (

b) to facilitate the quickest m eans 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 issue s in dispute and facilitate the quickest means of resolving the claim at the least expense,

Rule 1.3 AR 124/2010 ALBERTA RULES OF COURT 31 (

b) periodically evaluate dispute resolution process alternatives to a full trial, with or without assistance from the Court, (

c) refrain from filing appli cations 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

Rule 1.5 AR 124/2010 ALBERTA RULES OF COURT 32 (iii) for an improper purpose; (

c) give orders or directions o r 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, con ditions 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 cler k, 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 any procedural requirement, 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, appli cation, proceeding or other thing because of prejudice to that party arising from the contravention, non-compliance or irregularity.

Rule 1.6 AR 124/2010 ALBERTA RULES OF COURT 33

(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 irr eparable 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 inte rests 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. AR 124/2010 s1.5;128/2015 Changes to these rules 1.6(1) The judges of the Court of King’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. AR 124/2010 s1.6;218/2022

Rule 1.7 AR 124/2010 ALBERTA RULES OF COURT 34 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.

Rule 2.1 AR 124/2010 ALBERTA RULES OF COURT 35

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 p erson 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.

Rule 2.5 AR 124/2010 ALBERTA RULES OF COURT 36

(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.

Rule 2.9 AR 124/2010 ALBERTA RULES OF COURT 37

(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 intervene in an action subject to any terms and conditions and with the rights and privileges specified by the Court.

Division 2 Litigation Representatives Litigation representative required 2.11 Unless otherwise ordered by the Court, 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. AR 124/2010 s2.11;122/2012

Rule 2.12 AR 124/2010 ALBERTA RULES OF COURT 38 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 If an individual or estate is required to have a litigation representative under rule 2.11, a person is an automatic litigation representative for the individual or estate if the person has authority to commence, compromise, settle or defend a claim on behalf of the individual or estate under any of the following: (

a) an enactment; (

b) an instrument authorized by an enactment; (

c) an order authori zed 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. AR 124/2010 s2.13;140/2013 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

Rule 2.14 AR 124/2010 ALBERTA RULES OF COURT 39 (

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, or proposes to, 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 ag reement in writing to be the litigation representative, (

b) the reason for the self-appointment, (

c) the relationship between th e 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 state ment that the litigation representative is a resident of Alberta, (

f) if the litigation representa tive is a corporation, the place of business or activity of the corporation in Alberta, and (

g) an acknowledgment of poten tial 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 actio n 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;

Rule 2.15 AR 124/2010 ALBERTA RULES OF COURT 40 (

d) whether the litigation repr esentative does or may represent interests adverse to any other party in the action or proposed action; (

e) repealed AR 143/2011 s2.

(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. AR 124/2010 s2.14;143/2011 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;

Rule 2.17 AR 124/2010 ALBERTA RULES OF COURT 41 (

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 t he 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.

Rule 2.19 AR 124/2010 ALBERTA RULES OF COURT 42 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. Litigation representative: termination, replacement, terms and conditions 2.21 The Court may do one or more of the following: (

a) terminate the authority o r appointment of a litigation representative; (

b) appoint a perso n as or replace a litigation representative; (

c) impose terms and conditions on, or on the appointment of, a 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 Court in any manner and on any terms and conditions the Court considers appropriate.

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

Rule 2.24 AR 124/2010 ALBERTA RULES OF COURT 43 (

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.

(4) This rule does not affect the discretion of the Court, subject to any limits imposed under the Legal Profession Act, to grant a right of audience to any agent, other than a lawyer, to speak on behalf of an individual or corporation. AR 124/2010 s2.23;36/2020 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 m anner 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.

Rule 2.26 AR 124/2010 ALBERTA RULES OF COURT 44

(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, pro ceeding 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 f iling 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.

Rule 2.29 AR 124/2010 ALBERTA RULES OF COURT 45

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

a) a party noted in default, or (

b) a party against whom defa ult 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, a n d (

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.

Rule 2.31 AR 124/2010 ALBERTA RULES OF COURT 46 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 if (

a) in the case of an individual lawyer, (

i) the lawyer dies, (ii) the lawyer is suspended o r 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 whi ch service is to be effected, (

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

c) make any other order re specting 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.

Rule 3.1 AR 124/2010 ALBERTA RULES OF COURT 47

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, referen ce 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 fo r 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,

Rule 3.3 AR 124/2010 ALBERTA RULES OF COURT 48 (

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, or (

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 in the form prescribed by the enactment or, if no form is prescribed, then in a form consistent with the procedure or in Form 5.

(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 in Form 5.

(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. AR 124/2010 s3.2;143/2011 Determining the appropriate judicial centre 3.3(1) The appropriate judicial centre for the purpose of these rules is (

a) the closest judicial centr e, by road, to the Alberta residences or Alberta places of business of all the parties, or (

b) if a single judicial centr e 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

Rule 3.4 AR 124/2010 ALBERTA RULES OF COURT 49 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 pl eadings 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 cent re by a request under this rule.

Rule 3.5 AR 124/2010 ALBERTA RULES OF COURT 50 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 t hat 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

Rule 3.9 AR 124/2010 ALBERTA RULES OF COURT 51 (

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(1) Subject to subrule (2),

Part 4 and

Part 5 do not apply to an action started by originating application unless another rule otherwise provides, the parties otherwise agree or the Court otherwise orders.

(2) The rules in Divisions 2, 4, 5 and 6 of

Part 4 and rules 4.1, 4.2(

a) and (

d) and 4.36 apply, with all necessary modifications, to actions started by originating application unless the Court otherwise orders. AR 124/2010 s3.10;122/2012;23/2021 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

Rule 3.12 AR 124/2010 ALBERTA RULES OF COURT 52 (

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 affidav it 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 cost s 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 a ffidavit in support of an originating application; (

b) a person who makes an affidavit in response; (

c) a person who makes an aff idavit 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.

Rule 3.14 AR 124/2010 ALBERTA RULES OF COURT 53 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 o ther 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

Rule 3.16 AR 124/2010 ALBERTA RULES OF COURT 54 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 resp ect of whose act or omission a remedy is sought, (

b) the Minister of Justice or the Attorney General for Canada, or both, as the circumstances require, and (

c) every person or body direc tly 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. AR 124/2010 s3.15;170/2012;216/2022 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 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.

AR 124/2010 s3.17;170/2012;216/2022 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.

Rule 3.19 AR 124/2010 ALBERTA RULES OF COURT 55

(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, i f 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 writte n 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.

Rule 3.20 AR 124/2010 ALBERTA RULES OF COURT 56 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 establi sh 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; (b.1) if the originating appli cation is for relief other than an order in the nature of certiorari or an order to set aside a decision or act, an affidavit from any party to the application; (

c) anything permitted by any o ther rule or by an enactment; (

d) any other evidence permitted by the Court. AR 124/2010 s3.22;72/2022

Rule 3.23 AR 124/2010 ALBERTA RULES OF COURT 57 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 par t 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 subject to any terms and conditions that the Court considers 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,

Rule 3.26 AR 124/2010 ALBERTA RULES OF COURT 58 (

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 w ill not be contested, or (iii) a time limit or a ny time period relating to the action will not be relied on or will be waived; (

b) if an order for substitutiona l 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.

Rule 3.28 AR 124/2010 ALBERTA RULES OF COURT 59 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 as ide 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 o f 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.

Rule 3.32 AR 124/2010 ALBERTA RULES OF COURT 60

(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 3.32 A defendant may do one or more of the following: (

a) file a claim against a co-de fendant in accordance with rule 3.43; (

b) file a third party claim i n accordance with rule 3.44; (

c) file a counterclaim in accordance with rule 3.56. AR 124/2010 s3.32;143/2011 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

Rule 3.35 AR 124/2010 ALBERTA RULES OF COURT 61 (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 orde r, 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 def ence 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.

(3) If a lawyer files a statement of claim on behalf of a plaintiff, no judgment or order may be obtained by agreement of the parties unless the plaintiff’s lawyer of record is a party to the agreement or consents to the agreement.

(4) If a plaintiff (

a) files a statement of claim in person or by a lawyer who has ceased to be the plaintiff’s lawyer of record, or

Rule 3.36 AR 124/2010 ALBERTA RULES OF COURT 62 (

b) is not represented by a lawyer of record, no judgment or order may be obtained by agreement of the parties unless the plaintiff’s agreement, with an affidavit of execution, is filed with the application for the judgment or order. AR 124/2010 s3.35;122/2012 Subdivision 4 Failure to Defend Judgment in default of defence and noting in default 3.36(1) Subject to subrule (2) and

Part 11, Division 8, 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, or (

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 or demand for notice 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. AR 124/2010 s3.36;128/2015;36/2020 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:

Rule 3.38 AR 124/2010 ALBERTA RULES OF COURT 63 (

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 clai m or a part of it; (

f) direct that the claim procee d 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

Rule 3.40 AR 124/2010 ALBERTA RULES OF COURT 64 (iii) taking an account between the plaintiff and the defendant, o r (

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

Rule 3.43 AR 124/2010 ALBERTA RULES OF COURT 65 (

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 occurren ce or series of transactions or occurrences involved in the action between the plaintiff and the defendant, or

Rule 3.45 AR 124/2010 ALBERTA RULES OF COURT 66 (ii) a related transaction or occ urrence or series of related transactions or occurrences, o r (

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 afte r the date on which the defendant filed a statement of defence or demand for notice, and (ii) before judgment is entere d against the defendant or the defendant is noted in default, a n d (

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.

Rule 3.47 AR 124/2010 ALBERTA RULES OF COURT 67

(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 as ide 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 defe nce 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 and additional options 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

Rule 3.50 AR 124/2010 ALBERTA RULES OF COURT 68 (c) 2 months if service is effected outside Canada.

(4) A 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). AR 124/2010 s3.49;143/2011 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 judgmen t, 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.

Rule 3.52 AR 124/2010 ALBERTA RULES OF COURT 69 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

Rule 3.56 AR 124/2010 ALBERTA RULES OF COURT 70 (

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 pa rty 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.

Rule 3.60 AR 124/2010 ALBERTA RULES OF COURT 71 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 defendan t- by-counterclaim and a third party defendant-by- counterclaim, and (

c) a pleading related to a cla im 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:

Rule 3.62 AR 124/2010 ALBERTA RULES OF COURT 72 (

a) before pleadings close, any number of times without the Court’s permission; (

b) after pleadings close, (

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; (

c) despite clauses (

a) and (b) , whether or not pleadings have closed, with the agreement of the parties filed with the Court.

(2) An amended pleading must be (

a) filed, and (

b) served on each of the other parties (

i) within 10 days after the d ate on which it is filed, or (ii) if the pleading is a statement of claim that has not already been served, in accordance with Division 3, Subdivision 2.

(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 t he 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

Rule 3.63 AR 124/2010 ALBERTA RULES OF COURT 73 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. AR 124/2010 s3.62;163/2010;143/2011 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 as amended.

(2) The amendment must (

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

b) be endorsed by the court cl erk in the following form: Amended on [date] by [order] [party consent] Dated . . . AR 124/2010 s3.63;143/2011 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.

Rule 3.66 AR 124/2010 ALBERTA RULES OF COURT 74

(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(1) Subject to subrule (2), 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.

(2) The costs of a contested application to amend a pleading are in the discretion of the Court, in accordance with rule 10.29. AR 124/2010 s3.66;122/2012 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:

Rule 3.68 AR 124/2010 ALBERTA RULES OF COURT 75 (

a) that all or any part of a claim or defence be struck out; (

b) that a commencement docu ment or pleading be amended or set aside; (

c) that judgment or an order be entered; (

d) that an action, an applica tion 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 pleadin gs 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.

Rule 3.69 AR 124/2010 ALBERTA RULES OF COURT 76 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 inclu ded 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:

Rule 3.72 AR 124/2010 ALBERTA RULES OF COURT 77 (

a) order separate trials, hea rings, applications or other proceedings; (

b) order one or more of the cl aims to be asserted in another action; (

c) order a party to be compe nsated 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 tria l, 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 mor e claims or actions be consolidated; (

b) that 2 or more cl aims 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 a s 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 ques tion 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.

Rule 3.74 AR 124/2010 ALBERTA RULES OF COURT 78

(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 oth er party, or to remove or to correct the name of a party, the application is made by a person or 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. AR 124/2010 s3.74;36/2020 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 t o 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 t

Document details

Collection	Alberta — Regulations
Citation	Alta. Reg. 124/2010
Type	regulation
Volume / chapter	2010 124
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	8f453fdf1da3cd0d5c12913919b7514e51b37af6

Source file is stored in the law ingest library (pdf).