Alberta Rules of Court Annotated 2020 is a unique collection of all the rules of civil procedure you need to practise before every court in Alberta. Actual extracts from judgments meaningfully help you interpret the rules of civil procedure. Selected and significant case law aids your understanding of the rules and pinpoint references to quoted pages help ensure efficiency. It also includes a comprehensive index to speed up research. Available in two volumes format to ensure portability and ease of access to expert insight on the rules of civil procedure in Alberta, Alberta Rules of Court Annotated 2020 also includes a CD-ROM with fillable forms.
Main Volume – Print All needed practice tools are contained in this portable volume including:
- Full text of the Alberta Rules of Court, annotated with direct quotations from all significant decisions that interpret and apply the Rules
- Full text of the Rules regarding appeals to the Court of Appeal, annotated with quotations from all significant decisions that interpret and apply the Rules
- Rules of Court Schedule B (Court Fees and Witness and Other Allowances) and Schedule C (Tariff of Recoverable Fees)
- Concordances between the new and old Rules
- Procedural Charts for practice structure and timelines
- Practice Notes
- Class Proceedings Act (Alberta)
- Table of Cases
Volume Two – Print
- Surrogate Rules - Full text of the Surrogate Rules, annotated with quotations from all significant decisions, Practice Notes and Forms
- The Hague Convention
- Judicial Districts Regulation
Practice Advisor available upon request on standing order subscription
New in this edition
This new edition contains updates and reports on numerous new developments, rule changes and jurisprudence in the Court.
Updates to legislation include:
- Alberta rules of Court, Alta. Reg. 1245/2010 as amended by Alta. Reg. 25/2019
- The following Practice Notes, and Notices to the Profession have been added or updated:
- Notice to the Profession re: e-Notice of Restricted Access Applications (NPP 2018-02) Notice to the Profession re: Family Resolution Project (NPP 2018-3)
- Notice to the Profession re: Calgary Commercial Duty List Matters Being Heard on the Edmonton Commercial Duty List (NPP 2018-06)
- Notice to the Profession re: Assignment of Matters into Case Management (2018-06)
- Notice to the Profession re: Handwritten Divorce Judgments (NPP 2018-07)
- Notice to the Profession re: Changes to Protection Order Processes (NPP 2018-08)
- Civil Practice Note 6 – Class Action Judicial Protocols
- Civil Practice Note 7 – Vexatious Application/Proceeding Show Cause Procedure (General Powers to Stay or Dismiss a Frivolous, Vexatious, or Abusive Application or Proceeding)
- Family Law Practice Note 5 Allegations of Sexual Abuse
- Family Law Practice Note 7 Interventions
- Family Law Practice Note 8 Parenting Time/Parenting Responsibilities Assessments
- Family Law Practice Note 10 Access to Court Files in Family Law Proceedings
- Court of Appeal Notice to the Profession 2019 Sitting Dates
- Court of Appeal Notice to the Profession Consolidated Practice Directions
- Consolidated Practice Directions of the Court of Appeal of Alberta
Updated commentary and case law:
Court of Appeal Cases
- Champagne v. Sidorsky, 2018 ABCA 394 (Rule 10.29) - The Court discussed three specific principles of the law of costs (costs for the successful party; wasted costs; and partial indemnity).
- UAlberta Pro-Life v. Governors of the University of Alberta 2018 ABCA 350 (Rule 14.37) – This case provides a summary of the law governing the granting of intervenor status.
- Legacy Inc. Red Deer (City) 2018 ABCA 393 (Rule 14.54) - Justice Wakeling discussed the requirement that an applicant’s memorandum of argument state the exact questions of law for which permission to appeal is sought.
- Piikani Nation v. Kostic 2018 ABCA 320 (Rule 14.88) - In this decision, the court looks at costs on unsuccessful applications to reopen appeals.
- McElhone v. Indus School, 2019 ABCA 97 (Rule 5.44) – The court, in this case, discussed limits imposed on examinations.
- Weir-Jones Technical Services Incorporated v. Purolator Courier Ltd. 2019 ABCA 490 17 ABCA 228 (Rule 7.3) – This decision addressed the test for summary judgment
- Weatherford Canada Partnership v. Artemis Kautschuk and Kunstoff-Technik GmbH 2019 ABCA 92 (Rule 10.29) – In this case, the court discussed a court's discretion to award costs
- Warren v. Warren 2019 ABCA 20 (Rules 14.65) – In this case, the court discussed the law surrounding an application to restore a “fast track” appeal.
Queen's Bench Cases
- Carbone v. Burnett, 2019 ABQB 98 (Rules 3.62) - This case discusses amendments to pleadings after pleadings close.
- Rudichuk v. Genesis Land Development Corp. 2019 ABQB 132 (Rule 3.68) – In this case, Madam Justice Marriott gave this summary of the law as it relates to applications to strike a claim on the basis that it does not disclose a reasonable claim.
- Alderson v. The Wawanesa Life Insurance Company, 2019 ABQB 96 (Master) (Rule 4.33) – In this decision, Master Mason provided this overview of the law relating to R. 4.33(2).
- Real Estate Council of Alberta v. Moser 2019 ABQB 106 (Rule 6.38) - The Court discussed its discretion in deciding whether to require a person to re-attend for questioning and found that the Court’s discretion is exercised having regard for considerations of fairness, as well as relevance, materiality and proportionality.
- Peppler Estate v. Lee 2019 ABQB 144 (Rule 8.14) In this case,the plaintiff died before the medical malpractice action he brought against one of his attending physicians went to trial. Justice Topolniski reviews the application was brought to “introduce a partly redacted transcript of Mr. Peppler’s Questioning evidence under r 8.14”.
- Viallon v. Bumper Development Corporation Ltd. 2019 ABQB 52 (Master) (Rule 11.27) – Master Prowse discusses retroactive validation for service ex juris.
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