ALBERTA
RULES OF COURT
Effective November 1, 2010
Current as of April 27, 2017
VOLUME TWO
Published April 27, 2017
Alberta Rules of Court
Volume 1
Part 1: Foundational Rules
Part 2: The Parties to Litigation
Part 3: Court Actions
Part 4: Managing Litigation
Part 5: Disclosure of Information
Part 6: Resolving Issues and Preserving Rights
Part 7: Resolving Claims Without Full Trial
Part 8: Trial
Part 9: Judgments and Orders
Part 10: Lawyers’ Charges, Recoverable Costs of
Litigation, and Sanctions
Part 11: Service of Documents
Part 12: Family Law Rules
Part 13: Technical Rules
Part 14: Appeals
Part 15: Transitional Provisions and Coming Into Force
Schedule A: Forms
Division 1 — Civil Forms
Division 2 — Family Forms
Schedule B: Court Fees and Witness and
Other Allowances
Schedule C: Tariff of Recoverable Fees
Appendix: Definitions
Index
July, 2015
Volume 2
Surrogate Court
Surrogate Rules
Surrogate Practice Notes
Surrogate Rules Index
Court of Queen's Bench
Court of Queen’s Bench Notices to the Profession
and Public
Court of Queen’s Bench Civil Practice Notes
Court of Queen’s Bench Family Practice Notes
Court of Queen’s Bench Commercial Practice Notes
Court of Appeal
Court of Appeal Notices to the Profession
Court of Appeal Practice Directions
Criminal
Court of Queen’s Bench Criminal Rules
Court of Queen’s Bench Summary Conviction Appeals
Court of Queen’s Bench Criminal Practice Notes
Court of Appeal Criminal Appeals Rules
Provincial Court
Provincial Court Civil Division Regulation
Provincial Court Civil Claims Forms
Provincial Court Civil Division Mediation Rules
Provincial Court Fees and Costs Regulation
Provincial Court Practice Notes
Provincial Court Procedures (Family Law) Regulations
Intake and Caseflow Management Regulation
Constitutional Notice Regulation
Winding-up Rules
Local Authorities Election Act
Judgment Interest Regulation
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Table of Contents
(Consolidated up to 76/2015)
ALBERTA REGULATION 130/95
Court of Queen’s Bench Act
SURROGATE RULES
Table of Contents
1
2
4
5
6
8
9
Definitions
Rules of Court
Application for directions
Notice to attend or produce
Venue
Additional information
Forms
Part 1
Non-contentious Matters
9.1
Personal representative’s notice when acting without a grant
Division 1
Application for Grant
10
12
13
Grants
Limited grant
Forms required
Will
14
15
16
17
18
19
20
21
22
23
24
25
Void gift
Wills and codicils
Identification by witness
Proving signing of will
Will not in English
Witnesses dead
Dated will
Minor testator
Other documents
Formal proof of will
Lost will
Alterations, etc.
Notice Required
26
Notice of application
1
July, 2015
Alberta Rules of Court
Volume 2
27
Surrogate Rules
Table of Contents
Unknown beneficiary
Bonds
28
29
30
31
Bonds
Dispensation from bond
Application re bond
Powers of court
Personal Representatives
32
33
34
35
36
37
Renunciation
Nominations
Grant of double probate
Grant of re-sealed probate or re-sealed administration
Ancillary grant
Unadministered property
Claimants
38
39
40
41
42
43
Notice to claimants
Notice by claimant
Verification of claims
Valuation of security
Contested claims
Claims not yet payable
Duties of the Clerk
44
44.1
45
46
47
48
49
Fees
Waiver of fees
Applications
Grants
Retention of documents
Copies of documents
Clerk’s certificate
Division 2
Administration of the Estates of Minors
50
51
52
53
54
Applications
Publication
Bonds
Dispensing with bond
Application of rules
Division 3
Making, Altering or Revoking of a
Will by a Minor
54.1
Application under Wills and Succession Act
2
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Table of Contents
Part 2
Contentious Matters
Division 1
General
55
56
57
58
58.1
59
60
61
62
63
64
65
66
67
68
69
70
Application
Parties
Persons interested in the estate
Commencement of action
Reply and demand for notice
Documents to be served
Service
Notice
Representation
Proceedings in chambers
Procedure at hearing
Standing
Trial of an issue
Time limit
Production of testamentary documents
Security for costs
Time for completion
Division 1.1
Applications under Various Acts
70.1
70.2
70.3
70.4
70.5
70.6
70.7
70.8
70.9
Applications under various Acts
Powers of the court
Parties, etc.
Service
Notice
Rules that apply to service of documents
Proceedings in chambers
Witness fees
Disclosure of financial information in family
maintenance and support applications
Division 2
Proceedings on Caveats
71
72
73
74
Caveat against issue of grant
Warning to caveator
Objection to grant
Frivolous or vexatious caveat
3
February, 2012
Alberta Rules of Court
Volume 2
Surrogate Rules
Table of Contents
Division 3
Formal Proof of a Will
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
Applications
Original will lost or destroyed
Required documents
Persons interested in the estate
Action commenced by a person interested in the estate
Special applications
Order requiring formal probate
Parties
Trial
Hearing in chambers
Evidence
Order of decisions
Order of proceedings
Other proceedings
Witness fees
Powers of the court
Order final
Appeal
Return and revocation of informal grant
Division 4
Proof of Death
94
Proof of death
Division 5
Claims on an Estate
95
96
Contested claim
Application to court
Part 3
Accounting
Division 1
General
97
98
99
Requirement for an accounting
Contents of financial statements
Acceptable documentation
Division 2
Releases
100
101
102
Releases
Effect of release
Bond
4
February, 2012
Alberta Rules of Court
Volume 2
Surrogate Rules
Rule 1
Division 3
Dispensing with Formal Passing of Accounts
103
104
105
106
Dispensing with passing accounts
Proceeding without notice
Court order
Objection
Division 4
Passing Accounts
107
108
109
110
111
112
113
114
115
116
117
Required forms
Application by person interested in estate
Reply
Withdrawal
Objection
Consent to an accounting
Powers of court
Notice of objection
Examination of accounts by an accountant
Access to records
Report
Part 5
Transitional, Repeal and Commencement
Schedule 1 - Legal and Personal Representative Compensation
Schedule 2 - Court Fees
Schedule 3 - Forms
Definitions
1 In these Rules,
(a) repealed AR 44/2015 s2;
(b) “beneficiaries” includes persons who receive gifts of any kind under a
will and heirs on intestacy;
(c) “claimants” includes creditors;
(d) “contentious matter” means
(i) proceedings respecting caveats,
(ii) formal proof of a will,
(iii) proceedings in which the right to obtain or retain a grant is in
dispute, or
(iv) any other matter in dispute that arises in the administration of an
estate to which these Rules apply;
5
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Rule 2
(e) “file” means file with the clerk at the judicial centre at which an
application must be made;
(f) “financial statement” means a formal financial report or statement
required to be prepared by a personal representative under Part 3;
(g) “form” means a form in Schedule 3;
(h) “formal proof of a will” means proof of a will in solemn form;
(i) “minor”, except in rule 54.1, includes an unborn child;
(j) “person” includes an organization or society;
(k) “person interested in an estate” means a person referred to in rule 57;
(l) “personal representative” means an executor of a will or an
administrator or trustee of an estate to which these Rules apply, and
includes a person named as an executor or trustee in a will before a
grant is issued;
(l.1) “recorded mail” means recorded mail as defined in the Alberta Rules of
Court (AR 124/2010);
(m) “residuary beneficiary” means a person receiving a part or all of the
residue of the estate;
(n) “sign” with reference to a document means the execution of the
document whether by signing or by some other means;
(o) “will” includes any testamentary disposition.
AR 130/95 s1;53/2001;165/2010;10/2012;44/2015
Rules of Court
2(1) The Alberta Rules of Court (AR 124/2010) apply to an application to the
court if the matter is not otherwise dealt with under these Rules or the context
indicates otherwise.
(2) The court may vary any rule in any case where the court decides it is
appropriate to do so.
(3) Subrule (2) does not apply if the rule imposes a duty on the court.
(4) If provision for a procedure or matter is not made in these Rules or is not
included in and cannot be analogized to the Alberta Rules of Court
(AR 124/2010), the court may make any order concerning it that is necessary or
appropriate in the circumstances.
AR 130/95 s2;165/2010
3 Repealed AR 53/2001 s3.
6
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Rule 4
Application for directions
4(1) A personal representative or a person interested in an estate may apply in
Form C 1 to the court for directions at any time.
(2) On an application for directions, the court may consider
(a) practice, procedural or other issues or questions and ways to resolve
them, and
(b) any other matter that may aid in the resolution or facilitate the
resolution of a claim, application or proceeding or otherwise fairly or
justly resolve the matter for which direction is sought.
AR 130/95 s4;10/2012
Notice to attend or produce
5(1) The court may issue
(a) a notice to compel attendance or to compel the production of any
relevant documents, or
(b) a notice of future applications.
(2) The court may
(a) issue a notice to classes of persons interested in the estate generally
rather than to individuals by name, and
(b) state the method of service to be used for the notice.
Venue
6(1) An application for a grant must be filed at the judicial centre that is closest
by road to the location where the deceased resided on the date of death unless the
court permits otherwise.
(2) If the deceased resided outside Alberta immediately before dying, an
application for a grant may be filed at the judicial centre that is closest by road to
a location in Alberta where the deceased had property on the date of death.
AR 130/95 s6;165/2010
7 Repealed AR 165/2010 s5.
Additional information
8 On any application to which these Rules apply, the court may require the
applicant to give any additional information that the court decides is necessary.
7
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Rule 9
Forms
9 The forms in Schedule 3 are the forms required to be filed under these Rules.
Part 1
Non-contentious Matters
Personal representative’s notice
when acting without a grant
9.1(1) A personal representative’s notice under section 10(1)(a) of the Estate
Administration Act to a beneficiary may be in Form NGA 1 and must include at
least the following:
(a) the deceased’s name, place of residence and date of death;
(b) the personal representative’s name and contact information;
(c) the date of the deceased’s will;
(d) a description of the gift left by the will to the beneficiary or, in the case
of a partial intestacy, a reference to the applicable provision of the
Wills and Succession Act or the Intestate Succession Act, RSA 2000
cI-10;
(e) a statement that all gifts are subject to prior payment of all debts and
other claims against the estate;
(f) if the beneficiary is a residuary beneficiary, a copy of the will.
(2) A personal representative’s notice under section 10(1)(b) of the Estate
Administration Act to a family member or to an attorney, a trustee, the Public
Trustee or a guardian on behalf of a family member may be in Form NGA 2 and
must include at least the following:
(a) the deceased’s name, place of residence and date of death;
(b) the personal representative’s name and contact information;
(c) the date of the deceased’s will;
(d) a statement that the family member may be entitled to make a claim for
maintenance and support under the Wills and Succession Act or the
Dependants Relief Act, RSA 2000 cD-10.5, because the will does not
give the family member all the property in the deceased’s estate, and
that the court may change the distribution of the estate to provide the
family member with maintenance and support if the court is satisfied
that the circumstances warrant it;
(e) a copy of the will.
(3) A personal representative’s notice under section 10(1)(c) of the Estate
Administration Act to a spouse may be in Form NGA 3 and must include at least
the following:
8
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Rule 10
(a) the deceased’s name, place of residence and date of death;
(b) the personal representative’s name and contact information;
(c) the date of the deceased’s will;
(d) a statement that the spouse may be entitled to make a claim under the
Matrimonial Property Act because the will does not give the spouse all
the property in the deceased’s estate;
(e) a copy of the will.
(4) A personal representative’s notice under section 10(1)(d) of the Estate
Administration Act to the Public Trustee or another person may be in Form NGA
4 and must include at least the following:
(a) the name of the person who is interested in the estate;
(b) an identification of whether the notice is provided to the recipient as
(i) an attorney under an enduring power of attorney for the person
who is interested in the estate,
(ii) a trustee of a represented adult who is interested in the estate,
(iii) the Public Trustee because the person who is interested in the
estate was a minor on the date of the deceased’s death or is a
missing person as defined in the Public Trustee Act, or
(iv) a guardian of a minor who is interested in the estate;
(c) the information that subrule (1)(a) to (e) requires for a notice to a
beneficiary, which may be included in the document that contains the
information required by clauses (a) and (b) or set out in a separate
document;
(d) a copy of the will.
(5) A notice referred to in this rule must be given in a manner that is likely to
bring it to the attention of the intended recipient.
AR 44/2015 s3
Division 1
Application for Grant
Grants
10(1) The following grants may be applied for under this Part:
(a) grants that are unlimited and unrestricted, including
(i) a grant of probate;
(ii) a grant of administration with will annexed (cum testamento
annexo);
(iii) a grant of administration;
(iv) a supplemental grant (cessate);
9
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Rule 12
(v) a grant of double probate;
(b) grants that are limited to part of the deceased’s property, including
(i) a grant of administration of unadministered property (de bonis non
administratis);
(ii) a grant of re-sealed probate with respect to property in Alberta;
(iii) a grant of re-sealed administration with respect to property in
Alberta;
(iv) a grant of administration limited to specific property;
(v) a grant of administration of property not included in another grant
(caeterorum bonorum);
(vi) an ancillary grant;
(c) grants that are for a limited time, including
(i) a grant of administration until a will is found;
(ii) a grant of administration during the minority, absence or mental
incompetence of the personal representative (durante minoritate,
absentia, dementia);
(d) grants that are for a limited purpose only, including
(i) a grant of administration when the validity of a will is in question
(pendente lite);
(ii) a grant of administration for the purpose of litigation (ad litem);
(iii) a grant of administration for the preservation of property (ad
colligendum bona defuncti);
(iv) a grant of administration limited to a specified matter.
(2) The court may issue any grant that is not referred to in subsection (1) that the
court considers proper in the circumstances.
(3) Unless the court, on application, orders otherwise, a grant of administration
must not be given to more than 3 persons at the same time.
(4) A grant may be in any of forms NC 36 to NC 42, as appropriate, or in any
other form that is appropriate to the nature of the grant.
AR 130/95 s10;132/2000;44/2015
11 Repealed AR 44/2015 s5.
Limited grant
12(1) If the grant applied for is limited in any manner, the limitation must
appear clearly on the application.
(2) If the grant given is limited in any manner, the limitation must appear clearly
on the grant.
10
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Rule 13
Forms required
13(1) An applicant for a grant of probate or a grant of administration with will
annexed
(a) must file the following forms:
(i) Form NC 1;
(ii) Form NC 2;
(iii) Form NC 3
Schedule 1;
(iv) Form NC 4
Schedule 2;
(v) Form NC 8;
(vi) Form NC 5
Schedule 3;
(vii) Form NC 6
Schedule 4;
(viii) Form NC 7
Schedule 5;
(ix) Form NC 19;
(x) Form NC 27;
(b) if the circumstances require, must file the following forms:
(i) Form NC 20;
(ii) Form NC 17;
(iii) Form NC 22;
(iv) Form NC 23;
(v) Form NC 24;
(vi) Form NC 12;
(vii) Form NC 14;
(viii) Form NC 24.1;
(ix) Form NC 25;
(x) Form NC 20.1.
(2) An applicant for a grant of administration or a limited grant of administration
(a) must file the following forms:
(i) Form NC 1;
(ii) Form NC 2;
(iii) Form NC 3
Schedule 1;
(iv) Form NC 5
Schedule 3;
(v) Form NC 6
Schedule 4;
(vi) Form NC 7
Schedule 5;
(vii) repealed AR 132/2000;
(viii) Form NC 27;
11
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Rule 13
(b) if the circumstances require, must file the following forms:
(i) Form NC 17;
(ii) Form NC 22;
(iii) Form NC 23;
(iv) Form NC 24;
(v) Form NC 15;
(vi) Form NC 16;
(vii) Form NC 24.1;
(viii) Form NC 25;
(ix) Form NC 21.
(3) An applicant for a grant who is an attorney entitled by law to make the
application must file the following forms and any relevant forms referred to in
subrule (1) or (2):
(a) Form NC 28;
(b) Form NC 29.
(4) An applicant for a grant of double probate must file the following forms and
any relevant forms referred to in subrule (1):
(a) Form NC 30;
(b) Form NC 31.
(5) An applicant for an order to re-seal a foreign grant of probate or
administration or an ancillary grant must file the following forms and any
relevant forms referred to in subrule (1) or (2):
(a) Form NC 32 application;
(b) Form NC 33 affidavit;
(c) a copy, duplicate or exemplification of the foreign grant that complies
with section 18(3)(a) of the Estate Administration Act;
(d) a certificate from the foreign court or some other proof satisfactory to
the court that the foreign grant is unrevoked and fully effective;
(e) proof that the signing formalities of any will comply with the law of
Alberta if the deceased owned an interest in land in Alberta.
(6) An applicant must file any forms or documents not referred to in subrules (1)
to (5) that the court or the circumstances of the estate require.
(7) If a trustee is appointed to hold property on trust, in a will or by a person
authorized in a will to make the appointment, an acknowledgment of trustee(s) in
Form NC 6.1 signed by the trustee(s) of each trust must be filed.
12
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Rule 14
(8) The personal representative must not make a distribution to a trustee of any
property that is subject to a trust under a will until after an acknowledgment of
trustee(s) in Form NC 6.1 signed by the trustee(s) has been filed.
AR 130/95 s13;132/2000;251/2001;101/2010;10/2012;44/2015
Will
Void gift
14 Subject to the reinstatement of a gift by the court under section 40 of the
Wills and Succession Act, an application made with respect to a will must
indicate that a gift is void if the will provides for a gift to a beneficiary who
(a) is a witness to the will,
(b) is an individual who signed the will on behalf of the testator under
section 19(1) of the Wills and Succession Act,
(c) is an interpreter who provided translation services in respect of the
making of the will, or
(d) is, within the meaning of section 21(3) of the Wills and Succession Act,
the spouse or adult interdependent partner of an individual described in
clause (a), (b) or (c).
AR 130/95 s14; 201/2003; 107/2004;10/2012
Wills and codicils
15 Subject to section 45 of the Alberta Evidence Act, the original will and any
original codicils must be attached to an application for a grant of probate or a
grant of administration with will annexed.
AR 130/95 s15;44/2015
Identification by witness
16(1) If possible, the applicant, the person before whom the applicant’s affidavit
is sworn and the justice must each mark the will, and any codicil, in such a way
that the will is identified for the purposes of the application and of any affidavit
respecting the application.
(2) Any marking on a will must be made below the signatures on either the front
or back of the last page of the will and must not obliterate or damage the original
will.
(3) A witness to a will must prove that the signing formalities were observed by
providing an affidavit in Form NC 8 and the original will must be an exhibit to
the affidavit.
13
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Rule 17
(4) If a will is a holograph will, a person other than the applicant, unless
otherwise ordered by the court, must prove the deceased’s handwriting by
providing an affidavit in Form NC 9.
(5) An affidavit sworn by a witness to a will at the time that a will is signed is
acceptable as proof that the formalities were observed, unless there is an apparent
change in the will that the witness has not satisfactorily explained in the affidavit.
(6) An affidavit referred to in subrule (5) may be in a form other than Form
NC 8 if it is sworn before these Rules come into force.
(7) The court may require any further identification of a will the court considers
necessary if the will is written on more than one piece of paper and not all pieces
are identified by the signature or initials of the deceased and the witnesses.
(8) The following may be used to mark a will for identification under this rule:
(a) respecting Schedule 2 of the application:
This is the will referred to in Schedule 2 and is exhibit A to the affidavit of
__________, a witness to this will.
___________________________
(Applicant’s Signature)
___________________________
(A Commissioner for Oaths)
_________________________________________
(Justice of the Court of Queen’s Bench of Alberta)
(b) respecting an affidavit of a witness to the will:
This is exhibit A referred to in the affidavit of (deponent’s name).
Sworn before me on ___________
_______________________
(A Commissioner for Oaths)
AR 130/95 s16;135/96;53/2001
Proving signing of will
17 If the deceased at the time a will was made
(a) was blind,
(b) was illiterate,
(c) did not fully understand English,
(d) indicated an intention to give effect to the will with a mark, or
(e) indicated an intention to give effect to the will by having another
person sign at the deceased’s direction,
14
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Rule 18
the applicant must satisfy the court that the deceased and the witnesses were
present when the will was signed, that the will was fully explained to the
deceased and that the deceased appeared to the witnesses to fully understand the
will.
Will not in English
18 If a will is written in a language other than English, the applicant must give
an affidavit in Form NC 10 verifying the will’s translation into English.
Witnesses dead
19 If both witnesses to a will are dead or neither witness can give an affidavit
for any reason, the applicant may establish proof that the formalities required for
a will to be valid were observed by an affidavit
(a) in Form NC 9 attesting to the authenticity of the signature of the
deceased, or
(b) from any person
(i) who did not sign as a witness,
(ii) who was present during the signing of the will, and
(iii) who can attest to the circumstances.
AR 130/95 s19;44/2015
Dated will
20(1) If there is no indication on a will of the date on which the will was signed
or reference to the date is imperfect, one of the attesting witnesses must give
evidence of the date on which the will was signed.
(2) If subrule (1) cannot be complied with, the court may require the applicant
(a) to give evidence of the signing of the will between 2 stated dates, and
(b) to give evidence that a search for a later will has been made and none
was found.
Minor testator
21 If the deceased was under 18 years of age at the time the will was made, the
applicant must prove that the deceased at that time
(a) had a spouse or adult interdependent partner,
(b) was a member of
(i) a regular force as defined in the National Defence Act (Canada),
or
15
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Rule 22
(ii) another component of the Canadian Forces and was, at the time of
making the will, placed on active service under the National
Defence Act (Canada),
(c) was authorized to make, alter or revoke a will by an order of the court
under section 36 of the Wills and Succession Act, or
(d) in respect of a will made before the coming into force of the Wills and
Succession Act, was a person described in section 9(1)(c) or (3) of the
Wills Act.
AR 130/95 s21;10/2012
Other documents
22(1) If a will refers to a document or the applicant knows of a document that
may form part of a will, the applicant must give the document to the court with
the application.
(2) If a document referred to in subrule (1) is not given with an application, the
applicant must explain to the satisfaction of the court why it is not.
Formal proof of will
23 The court may require formal proof of a will under Part 2 or any other proof
satisfactory to the court, if
(a) no witness is available to swear the necessary affidavit,
(b) the appearance of the will indicates an attempt to cancel it by burning,
tearing or any other act of destruction,
(c) words in the will that might be important have been erased or
obliterated, or
(d) in the opinion of the court, circumstances require formal proof of the
will.
Lost will
24 If an original will is lost or destroyed but a copy or other evidence of it
exists, the court may admit the copy or other evidence to probate if
(a) the will is proved formally under Division 3 of Part 2, or
(b) in the opinion of the court, the will can be adequately identified under
this Part.
Alterations, etc.
25 If the court directs that any alterations, interlineations, erasures or
obliterations should be omitted from a will, the clerk must omit them from the
copy of the will attached to the grant.
16
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Rule 26
Notice Required
Notice of application
26(1) An applicant must serve notice of any application for a grant
(a) in Form NC 19, Form NC 20 or Form NC 21 to the persons listed in
Form NC 6 as filed,
(a.1) in Form NC 20.1 to the appropriate persons, if any, and
(b) in Form NC 22, Form NC 23, Form NC 24 or Form NC 24.1 to the
appropriate persons, if any.
(2) A copy of the completed application must be served with a notice required
under subrule (1) on any person who is a residuary beneficiary or an heir on
intestacy.
(3) Service under this rule may be made
(a) by recorded mail, or
(b) by serving a lawyer who is authorized to accept service on behalf of a
person.
(4) If a person is required to be served under this rule, proof of the service must
be filed in Form NC 27.
(5) If the applicant does not file proof of service on a person as required by
subrule (4), the court may issue a grant only if it is satisfied with the reason given
by the applicant for not filing the proof of service as required.
(6) Service under this section is valid despite a later amendment to the
application that is made at the direction of the court.
AR 130/95 s26;135/96;132/2000;165/2010;10/2012
Unknown beneficiary
27 If an applicant knows of a particular beneficiary but does not know the
identity or address of the beneficiary, the applicant must file an affidavit in Form
NC 25 to that effect with the application.
Bonds
Bonds
28(1) Subject to subrule (2), a personal representative who is not a resident of
Alberta must provide a bond or other security approved by the court.
(2) A personal representative is not required to provide a bond or other security
if
(a) the personal representative is resident in Alberta, or
17
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Rule 29
(b) there are 2 or more personal representatives and one of them is resident
in Alberta.
(3) If a non-resident personal representative must provide a bond, the bond must
be from an insurer licensed under the Insurance Act to undertake fidelity
insurance as defined in section 1(1)(h) of the Classes of Insurance Regulation
(AR 144/2011).
(4) A bond or other security must be for an amount equal to
(a) the gross value of the deceased’s property in Alberta,
less
(b) if the court so orders, any amount distributable to the personal
representative as a beneficiary.
AR 130/95 s28;7/2005;44/2015
Dispensation from bond
29(1) A non-resident personal representative may apply
(a) to dispense with a requirement under rule 28(1) to provide a bond or
other security,
(b) for approval of security other than a bond, or
(c) to reduce the amount of a bond or other security
by filing an affidavit in Form NC 17.
(2) An applicant under this rule may file a beneficiary’s consent to dispensing
with a bond or other security in Form NC 18 in support of the application.
AR 130/95 s29;44/2015
Application re bond
30(1) Any person interested in an estate may apply to the court for an order that
a bond or other security be required from a resident personal representative
despite rule 28(2) if the personal representative is not named as executor in the
will.
(2) Any person interested in an estate may apply to the court for an order
requiring a non-resident personal representative to provide a bond or other
security despite rule 28(2), whether or not an application is made under rule 29.
AR 130/95 s30;44/2015
18
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Rule 31
Powers of court
31(1) The court, on an application under rule 29 or 30, may, before or after
issuing a grant but only after considering the interests of the beneficiaries and
claimants of the estate,
(a) require a bond or other security;
(b) reduce the amount of a bond or other security;
(c) dispense with the requirements for a bond or other security;
(d) impose conditions on the applicant or any other person interested in the
estate;
(e) require more information;
(f) do any other thing that the circumstances require.
(2) The court must not require a lawyer representing an applicant to undertake to
retain control of the property in the estate as a condition of dispensing with a
bond or other security.
AR 130/95 s31;44/2015
Personal Representatives
Renunciation
32(1) If a personal representative named in a will does not wish to or cannot
apply for a grant of probate, the personal representative must renounce in Form
NC 12 or by a method approved by the court.
(2) Before a grant of administration may be issued to an applicant, all those who
rank higher or equal to the applicant under section 13(1)(b) of the Estate
Administration Act must renounce their rights to apply for a grant in form NC 14
or NC 15 or by a method approved by the court.
(3) The court, at any time, may dispense with a renunciation required by subrule
(1) or (2).
(4) Renunciation under this rule does not by itself prevent a personal
representative named in a will from applying for a grant of administration with
will annexed.
AR 130/95 s32;44/2015
Nominations
33(1) A person entitled to a grant of administration or a grant of administration
with will annexed may nominate, in Form NC 16, a person to be the personal
representative for the purpose of applying for the grant.
19
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Rule 34
(2) A person expressly authorized in a will to appoint a personal representative
may nominate, in Form NC 16, a person to be the personal representative for the
purpose of applying for a grant of administration or probate.
AR 130/95 s33;132/2000; 306/2009;44/2015
Grant of double probate
34(1) If all the personal representatives named in a will do not apply for a grant
of probate at the same time, the personal representatives who do not apply
(a) must reserve their right to apply later by filing Form NC 13 at the time
the initial grant of probate is applied for, and
(b) may apply by filing Forms NC 30 and NC 31 for a grant of double
probate at any time after filing Form NC 13.
(2) A personal representative to whom subrule (1) applies who does not comply
with subrule (1)(a) may not apply for a grant of double probate.
(3) An alternate personal representative named in a will may apply for a grant of
double probate if it is necessary for the alternate personal representative to
complete the administration of the estate.
(4) The original grant of probate must be surrendered with an application under
this rule.
AR 107/2004
Grant of re-sealed probate or re-sealed administration
35(1) An applicant may apply in accordance with rule 13(5) and (6) for an order
resealing a foreign grant, as defined in section 18(1)(a) of the Estate
Administration Act.
(2) An application under subrule (1) must show only the property and debts of
the deceased in Alberta.
(3) Repealed AR 44/2015 s15.
AR 130/95 s35;251/2001;44/2015
Ancillary grant
36 An applicant may apply in accordance with rule 13(5) and (6) for an
ancillary grant under section 19(1) of the Estate Administration Act.
AR 130/95 s36;251/2001;44/2015
Unadministered property
37(1) If a deceased was the personal representative of an intestate person,
another person may apply for a grant of administration of the unadministered
property of the intestate person.
20
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Rule 38
(2) If a deceased was the personal representative of a testate person and the
deceased did not appoint a personal representative for the deceased’s estate,
another person may apply for a grant of administration with will annexed of the
unadministered property of the testate person.
(3) If the personal representative of a testate person resigns and there is no
alternate personal representative named in the will, another person may apply for
a grant of administration with will annexed of the unadministered property of the
testate person.
(4) An applicant under subrule (1), (2) or (3)
(a) subject to subrule (5), must file the same documents as those filed in
the original application for a grant, and
(b) must file an affidavit attesting to the details of the original grant and to
the death or resignation of the personal representative.
(5) An application under subrule (1), (2) or (3) must show only the description
and value of the unadministered property on the date of the application.
(6) The original grant must be surrendered with an application under subrule (1),
(2) or (3).
AR 107/2004
Claimants
Notice to claimants
38(1) If a personal representative publishes a notice to claimants, the personal
representative
(a) must do so in accordance with this rule,
(b) may use Form NC 34, and
(c) may file proof of publication in form NC 34.1.
(2) A notice to claimants must be published in a newspaper
(a) that is published or circulated in the area where the deceased usually
lived, or
(b) if the deceased did not usually live in Alberta, that is published or
circulated in the area where a significant amount of the deceased’s
property is situated.
(3) A notice to claimants must be published,
(a) in the case of an estate with a gross value of $100 000 or less, at least
once, or
21
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Rule 39
(b) in the case of an estate with a gross value of more than $100 000, at
least twice with 5 days or more between the publications.
AR 130/95 s38;135/96;165/2010;44/2015
Notice by claimant
39(1) A claimant must notify a personal representative of the claim not more
than 1 month after the date on which the last notice is published under rule 38.
(2) A claimant who does not comply with subsection (1) may make a claim
against an estate only with the prior consent of the court.
AR 130/95 s39;165/2010
Verification of claims
40 If a personal representative has notice of a claim against the estate, the
personal representative may require the claimant to verify the claim using a
statutory declaration in Form NC 35.
AR 130/95 s40;251/2001;10/2012;44/2015
Valuation of security
41(1) If security is held by a claimant wholly or partly to secure a claim against
the estate and
(a) the claimant does not give a value to the security, or
(b) a dispute arises between the claimant and the personal representative
regarding the value of the security,
the personal representative may, by filing an application in Form C1 and an
affidavit in Form C2, apply to the court for an order under this rule.
(2) A personal representative must give at least 5 days’ notice of an application
under subrule (1) to the claimant.
(3) On an application by the personal representative, the court may
(a) require the claimant to file a statutory declaration specifying the value
of the security with the personal representative within the time limited
by the order, and
(b) declare that the rights of the claimant against the estate in respect of the
claim or the part of it that is secured are barred if the claimant does not
comply with the order under clause (a).
(4) If a claim is secured, the personal representative may
(a) consent to the claimant’s ranking with other claimants for the amount
of the claim after the value of the security specified in the declaration is
deducted, or
22
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Rule 42
(b) require an assignment of the security to the estate at the value specified
in the declaration of the claimant.
(5) If an assignment is required under subrule (4), the difference between the
value at which the security is assigned to the estate and the amount of the gross
claim of the claimant is the amount for which the claimant ranks with other
claimants.
(6) If the personal representative requires an assignment of a security under
subrule (4), the claimant must assign the security to the estate after the claimant
has received
(a) payment of the value of the security as specified in the declaration, and
(b) interest to the date of payment if the indebtedness bears interest.
(7) Nothing in this Part prejudices any of the rights or remedies of a secured
claimant before the personal representative has given notice that an assignment
of the security is required and payment is tendered in respect of that security.
(8) If the claim of a claimant is based on a negotiable instrument that is not
mature or exigible and on which the deceased is indirectly or secondarily liable,
the claim is secured for the purposes of this Part, and the claimant must give the
value of the liability of the person primarily liable on the instrument as the
claimant’s security for repayment of the claim.
(9) If, after the instrument referred to in subrule (8) matures, the liability is not
paid by the person primarily liable, the claimant may amend and revalue the
claim.
AR 130/95 s41;165/2010;44/2015
Contested claims
42 Part 2, Division 5 applies if a personal representative does not agree to all or
part of a claim by a claimant against an estate.
Claims not yet payable
43(1) Rules 40, 41 and 42 apply to a claim that is not payable at the time a grant
is issued in respect of the estate and for which, for that reason, an action for the
recovery of the claim cannot be brought.
(2) If a claim to which subrule (1) applies is established, the claimant may take
proceedings to enforce payment of it only with the consent of the court.
23
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Rule 44
Duties of the Clerk
Fees
44 The clerk may charge fees in accordance with Schedule 2 for the
performance of duties and services by the clerk under these Rules.
Waiver of fees
44.1 The clerk may waive the fee payable by an individual under Schedule 2, in
whole or in part, in accordance with guidelines, if any, established or adopted by
the Minister of Justice and Solicitor General for persons unable to pay fees.
AR 76/2015 s2
Applications
45(1) The clerk must
(a) number and date every application for a grant when it is filed,
(b) record the information in the appropriate court records,
(c) present all applications to the court for its order and direction, and
(d) send any rejection notice in Form NC 26 to the applicant.
(2) When application is made for a grant, the clerk shall promptly search the
court records to determine whether
(a) any other application has been filed or a grant has issued in respect of
the same estate or minor,
(b) a caveat has been filed in respect of the same estate or minor and has
not expired or been withdrawn or discharged, or
(c) a will of the same deceased was, during the life of the deceased,
deposited with a clerk of the surrogate court before June 19, 1995 or a
clerk of the district court before July 12, 1967.
(3) Unless the court, on application, orders otherwise, no grant shall be issued
until the clerk has completed a search under subrule (2) and confirmed that
(a) no other application referred to in subrule (2)(a) has been filed,
(b) no grant referred to in subrule (2)(a) has issued,
(c) no caveat referred to in subrule (2)(b) has been filed, and
(d) no will referred to in subrule (2)(c) has been deposited.
AR 130/95 s45;44/2015
Grants
46 The clerk must
24
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Rule 47
(a) sign all grants and copies of any will forming part of or attached to a
grant;
(b) issue all grants using the court seal on request;
(c) record all grants and copies of wills in the appropriate court records.
AR 130/95 s46; 165/2010
Retention of documents
47 The clerk must retain a sealed duplicate of all grants issued.
Copies of documents
48 Unless the court requires otherwise, the clerk, on payment of the required
fee, must give copies of all documents filed in the court to any person who asks
for them.
Clerk’s certificate
49 The clerk may issue a certificate in Form NC 49 that a grant or other
document is in force.
Division 2
Administration of the Estates of Minors
Applications
50(1) A person may apply for a grant of trusteeship of the estate of a minor.
(2) An applicant for a grant under this Division must file the following forms:
(a) Form NC 43;
(b) Form NC 44.
(3) If the minor who is the subject of an application is 14 years of age or over,
the applicant must file an election in Form NC 45.
Publication
51 The court may require a notice of intention to apply for trusteeship of the
estate of a minor in Form NC 46 to be published at the time and in the manner
ordered by the court.
Bonds
52(1) An applicant under this Division must provide a bond or other security
that is satisfactory to the court unless the court dispenses with this requirement
under subrule (4).
25
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Rule 53
(2) The bond or other security must be in an amount equal to the estimated value
of the property to which the order relates unless the court orders otherwise.
(3) Where the court requires a bond under subrule (1), the bond must be from an
insurer licensed under the Insurance Act to undertake fidelity insurance as
defined in section 1(1)(h) of the Classes of Insurance Regulation (AR 144/2011).
(4) The court may dispense with the requirement for a bond or other security
where the court is of the opinion that it is in the minor’s best interests to do so.
AR 130/95 s52;7/2005;44/2015
Dispensing with bond
53 An applicant may apply to dispense with the requirement for a bond or other
security by filing an affidavit in Form NC 47.
AR 7/2005
Application of rules
54(1) This Division and rules 38 to 43, 55 to 70, 95 and 96 apply to an
application for a grant of trusteeship of the estate of a minor and to the
administration of the estate of a minor.
(2) Part 3, except rule 97(2), applies to the trustee of the estate of a minor.
Division 3
Making, Altering or Revoking of a Will by a Minor
Application under Wills and Succession Act
54.1(1) In this section, “minor” means an individual referred to in section 36(1)
of the Wills and Succession Act.
(2) An application for the purposes of section 36 of the Wills and Succession Act
must be made by filing Form C 14, and an accompanying affidavit in Form C 2,
with the court.
(3) The form and affidavit referred to in subrule (2) must be served at least 5
days before the hearing of the application, unless the court permits a shorter
period for service, on the Public Trustee, the parents of the minor, the guardians
of the minor and the trustee of the estate of the minor, if any, and anyone else as
directed by the court.
(4) The court may dispense with service of the documents referred to in subrule
(2) on any person.
AR 10/2012 s10
26
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Rule 55
Part 2
Contentious Matters
Division 1
General
Application
55(1) An application to the court may be made under this Part respecting any
contentious matter.
(2) If applying a rule in this Division would lead to a conflict respecting the
application of a rule in any other Division in this Part, the rule in the other
Division applies and the rule in this Division does not.
Parties
56(1) If a personal representative is not joined as an applicant in an application
under this Part, that personal representative must be shown as a respondent in
documents filed with the court.
(2) The respondents in an application under this Part must be grouped in
accordance with the classes set out in rule 57 in any documents filed with the
court.
Persons interested in the estate
57 Subject to rule 78, the classes of persons who may be interested in a
particular estate are the following:
(a) personal representatives;
(b) residuary beneficiaries;
(c) life tenants;
(d) specific beneficiaries who have not received their entitlement under the
will;
(e) heirs on intestacy;
(f) trustees of represented adults under the Adult Guardianship and
Trusteeship Act;
(g) attorneys appointed under the Powers of Attorney Act;
(h) minors;
(i) missing persons;
(j) repealed AR 110/2001;
(k) unpaid claimants;
(l) bonding companies;
27
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Rule 58
(m) a group of persons with identical interests ordered to be a class by the
court.
(n) family members as defined in section 72(b) of the Wills and Succession
Act;
(o) any person who has filed a Form C 1 for a matter relating to the estate.
AR 130/95 s57;110/2001;10/2010;10/2012
Commencement of action
58 A person may commence an application under this Part by filing
(a) an application in Form C1, and
(b) an affidavit in Form C2.
AR 130/95 s58;10/2012
Reply and demand for notice
58.1(1) For the purposes of Divisions 1.1 and 3, where an application has been
filed under rule 58 or 70.1, any person required under rule 57 to be served with
the application may file a reply in Form C 2.1, accompanied with an affidavit in
Form C 2, if evidence is submitted, or a demand for notice in Form C 2.2.
(2) A demand for notice may be filed and served at any time before the
resolution of the matter.
(3) A reply and accompanying affidavit, if any, must be filed and served 5 days
or more before the returnable date stated in the application or as directed by the
court.
AR 10/2012 s13
Documents to be served
59(1) An applicant must serve copies of the documents required to be filed
under these Rules or the Alberta Rules of Court (AR 124/2010) on the persons
listed in rule 57 who are interested in the estate, if any.
(2) If a missing person as defined in the Public Trustee Act is a person interested
in an estate, the applicant must serve the Public Trustee with notice of the
application.
AR 130/95 s59;110/2001;165/2010;10/2012
Service
60(1) Service may be made on a person
(a) personally or by recorded mail in the case of a commencement
document,
(b) by ordinary mail delivery or electronic transmission in the case of
documents other than commencement documents,
28
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Rule 61
(c) if documents filed in the matter give an address for service, at that
address, or
(d) by serving a lawyer who is authorized to accept service on behalf of a
person.
(2) Proof in Form NC 27 that a person has been served must be filed with the
court.
AR 130/95 s60;110/2001;165/2010
Notice
61 Notice of an application must be given
(a) to the personal representative one month or more before the hearing;
(b) to the Public Trustee 10 days or more before the hearing;
(c) to other persons interested in the estate, if they are residents of Alberta,
10 days or more before the hearing;
(d) to other persons interested in the estate, if they are not residents of
Alberta, one month or more before the hearing.
AR 130/95 s61;165/2010
Representation
62(1) At any time during the proceedings, the court may
(a) decide that certain parties form a class with identical interests whether
or not they are also in a class referred to in rule 57,
(b) require that all the parties in a class be represented by the same lawyer,
(c) determine which parties may cross-examine witnesses and make
representations to the court,
(d) require 2 or more persons to be represented by different lawyers if they
are represented by the same lawyer, or
(e) appoint a lawyer to represent an unrepresented person.
(2) One or more of the persons in a class may appoint a particular lawyer to
represent them if they do not accept the lawyer appointed by the others in the
class to represent the class.
(3) The costs of a lawyer appointed under subrule (2) may be paid from the
estate only if the court specifically orders that the costs are to be paid from the
estate.
Proceedings in chambers
63 All proceedings to which this Part applies must be before a justice in
chambers unless the court or these Rules require otherwise.
AR 130/95 s63;53/2001
29
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Rule 64
Procedure at hearing
64(1) The court, on hearing an application, may
(a) receive evidence by affidavit or orally;
(b) dispose of the issues arising out of the application as it considers
appropriate;
(b.1) direct a person to file a reply, accompanied with an affidavit, if
evidence is to be submitted, or a demand for notice;
(c) direct a trial of issues arising out of the application;
(d) grant any relief to which the applicant is entitled because of a breach of
trust, wilful default or other misconduct of a respondent;
(e) direct that notice of the court’s judgment or order be given to a
particular person;
(f) dispense with service of notice on any person if, in the opinion of the
court, service is impractical;
(g) subject to subrule (2), dispense with service of an order and order that a
person is bound by the court’s order as if the person had received
notice of it;
(h) order costs to be paid from the estate or by any person who is a party to
the application;
(i) make any order that the court considers necessary in the circumstances.
(2) If service on a person is dispensed with under subrule (1) and an order is
obtained by fraud or non-disclosure of material facts, that person is not bound by
the order.
AR 130/95 s64;165/2010;10/2012
Standing
65 A person served with notice of an order may
(a) apply to vary, discharge or add to the order within 20 days after being
served, and
(b) attend any proceedings in respect of the order.
AR 130/95 s65;165/2010
Trial of an issue
66 If the court orders the trial of an issue, the court must order the procedure to
be followed and the terms and conditions under which the trial is to take place.
30
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Rule 67
Time limit
67(1) An applicant must not apply for an order requiring a personal
representative to accept or refuse probate until at least 2 months after the date of
the death of the testator.
(2) Despite subrule (1), an applicant may apply for an order requiring a personal
representative to accept or refuse probate during the period referred to in subrule
(1) if, in the opinion of the court, the circumstances warrant the granting of the
order.
AR 130/95 s67;165/2010
Production of testamentary documents
68 If an applicant applies for an order requiring the production of a
testamentary document or a document that is alleged to be a testamentary
document, the court may require a person by affidavit or by an appearance before
the court,
(a) to explain why the document should not be produced and deposited
with the clerk,
(b) to explain why the document cannot be produced,
(c) to give a statement that no testamentary document is or has been in the
person’s possession or control, or
(d) to give any information the person has that is relevant to discovering
the document’s present location.
AR 130/95 s68;10/2012
Security for costs
69 The court may order security for costs to be posted by any party at any stage
of the proceedings under this Division.
Time for completion
70 The court may set a time or times within which matters or proceedings
respecting an estate under this Part must be completed.
Division 1.1
Applications under Various Acts
Applications under various Acts
70.1(1) An application for the purposes of section 37, 38, 39(1), 40(1), any
provision of Part 5 or section 109 of the Wills and Succession Act must be
commenced by filing Form C 1 accompanied with an affidavit in Form C 2.
(2) An application for the purposes of section 80.1 of the Family Law Act may
be commenced by filing Form C 1 accompanied with an affidavit in Form C 2.
31
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Rule 70.2
(3) Rule 75(3) and (4) apply to applications referred to in subrule (1).
(4) For the purpose of establishing whether an application referred to in subrule
(1) was made within 6 months after the grant, the relevant date is the date of
filing of the Form C 1 under that subrule.
AR 10/2012 s17
Powers of the court
70.2 For greater certainty, on an application under this Division the powers of
the court include those set out in rules 62, 64, 66, 68, 69, 70, 77(4) and 90.
AR 10/2012 s17
Parties, etc.
70.3 Rules 56, 83, 85, 88 and 91 apply to applications under this Division.
AR 10/2012 s17
Service
70.4 Subject to section 91 of the Wills and Succession Act, service of an
application under this Division must be made on the persons listed in rule 57 who
are interested in the estate and the application, if any, or as otherwise directed by
the court.
AR 10/2012 s17
Notice
70.5 Notice of an application under this Division must be given to the persons
required to be served under rule 70.4 in accordance with rule 61.
AR 10/2012 s17
Rules that apply to service of documents
70.6 Rules 59 and 60 apply to the service of documents under this Division.
AR 10/2012 s17
Proceedings in chambers
70.7 Rule 63 applies to an application under this Division.
AR 10/2012 s17
Witness fees
70.8 Any person who appears as a witness at a hearing under this Division
(a) is entitled to an allowance in accordance with Schedule B, Division 3
of the Alberta Rules of Court (AR 124/2010), and
32
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Rule 70.9
(b) may be given a preparation allowance and any additional allowances in
amounts specified by the court.
AR 10/2012 s17
Disclosure of financial information in family maintenance and support
applications
70.9(1) Subject to subrule (3), a family member who receives a request under
section 95(2) of the Wills and Succession Act from the personal representative of
the deceased’s estate must provide the personal representative with the following
financial information:
(a) an affidavit respecting the family member’s income, assets and
liabilities, including
(i) assets held jointly,
(ii) any property or benefit that the family member expects or claims
by reason of the deceased’s death to receive under the
Matrimonial Property Act, the Dower Act, Part 5, Division 2 of
the Wills and Succession Act or otherwise, and
(iii) any interest in an estate, whether vested or contingent;
(b) a copy of every personal income tax return filed by the family member
for each of the 3 most recent taxation years or, if a tax return has not
been filed for the previous year, a copy of the family member’s T4,
T4A and all other relevant tax slips and statements disclosing any and
all sources of income for the previous year;
(c) a copy of every notice of assessment or reassessment issued to the
family member for each of the 3 most recent taxation years, or a copy
of the Canada Revenue Agency printout of the last 3 years’ income tax
returns;
(d) if the family member is an employee, a copy of each of the family
member’s 3 most recent statements of earnings indicating total
earnings paid in the year to date, including overtime or, where such a
statement is not provided by the employer, a letter from the employer
setting out that information and the rate of annual salary or
remuneration;
(e) if the family member receives income from employment insurance,
social assistance, a pension, workers’ compensation, disability
payments, dividends or any other source, the most recent statement of
income indicating the total amount of income from the applicable
source during the current year or, if such a statement is not provided, a
letter from the appropriate authority stating the required information;
(f) if the family member is a student, a statement indicating the total
amount of student funding received during the current academic year,
including loans, grants, bursaries, scholarships and living allowances;
(g) if the family member is self-employed in an unincorporated business,
33
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Rule 70.9
(i) particulars of every payment issued to the family member during
the 6 most recent weeks from any business or corporation in
which the family member has an interest or to which the family
member has rendered a service,
(ii) the financial statements of the family member’s businesses or
professional practices for the 3 most recent taxation years, and
(iii) a statement showing a breakdown of all salaries, wages,
management fees or other payments or benefits paid to the family
member or to individuals or corporations with whom the family
member does not deal at arm’s length for the 3 most recent
taxation years;
(h) if the family member is a partner in a partnership, confirmation of the
family member’s income and draw from, and capital in, the partnership
for its 3 most recent taxation years;
(i) if the family member has an interest of 1% or more in a privately held
corporation,
(i) the financial statements of the corporation and any subsidiaries of
it for its 3 most recent taxation years,
(ii) a statement showing a breakdown of all salaries, wages,
management fees and other payments or benefits paid to the
family member, or to individuals or corporations with whom the
corporation, and every related corporation, does not deal at arm’s
length for the 3 most recent taxation years, and
(iii) a record showing the family member’s shareholder’s loan
transactions for the past 12 months;
(j) if the family member is a beneficiary under a trust, a copy of the trust
settlement agreement and copies of the trust’s 3 most recent financial
statements;
(k) copies of all bank account statements solely or jointly in the family
member’s name for the past 6 months;
(l) copies of credit card statements for all credit cards solely or jointly in
the family member’s name for the past 3 months;
(m) copies of the most recent statements for all RRSPs, TFSAs, RRIFs,
insurance policies, pensions, term deposit certificates, guaranteed
investment certificates, stock accounts, stock options, including
deferred compensation units, and other investments or holdings in the
family member’s name or in which the family member has an interest;
(n) copies of any matrimonial property agreement, minutes of settlement,
judgments or orders the family member had with the deceased relating
to the division of property, spousal support or child support
obligations;
(o) the family member’s monthly budget of expenses.
34
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Rule 70.9
(2) Subject to subrule (3), a personal representative of a deceased’s estate who
receives a request under section 95(2) of the Wills and Succession Act from a
family member must provide the family member with the following financial
information if it is or may reasonably be expected to be in the possession of the
personal representative:
(a) an inventory of property and debts in Form NC 7;
(b) a description and appraisal or valuation of any property owned by the
deceased or in which the deceased had an interest at the time of death;
(c) a list of all bank accounts or other property held jointly by the deceased
at the time of death;
(d) a list, including a statement of value, of all RRSPs, TFSAs, RRIFs,
insurance policies, pensions, term deposit certificates, guaranteed
investment certificates, stock accounts, stock options, including
deferred compensation units, and other investments or holdings in the
deceased’s name at the time of death, and the names of any designated
beneficiaries in relation to them;
(e) if the deceased at the time of death was the beneficiary of a trust or
held a power of appointment over property, a description of the
property, its value and the disposition of the property;
(f) copies of any matrimonial property agreement and any minutes of
settlement, judgments or orders the deceased had relating to the
division of property or spousal support or child support obligations;
(g) a copy of all terminal tax returns for the deceased’s estate;
(h) a description of any other property in which the deceased had an
interest at the time of death.
(3) No document is required to be disclosed under subrule (1) or (2) unless the
document is relevant and material to the determination of maintenance and
support in the application.
(4) A person who has been requested to provide financial information under
section 95 of the Wills and Succession Act must do so within
(a) one month if the person resides in Canada, or
(b) 2 months if the person resides in a country other than Canada.
(5) An application under section 95(4) or (5) of the Wills and Succession Act
may be made by filing and serving Forms C 1 and C 2 in accordance with rules
60 and 61 on the person who was requested to provide the financial information.
AR 10/2012 s17
35
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Rule 71
Division 2
Proceedings on Caveats
Caveat against issue of grant
71(1) A person may file a caveat under section 46 of the Estate Administration
Act in Form C3 against the issue or resealing of a grant.
(2) The clerk must send a copy of any caveat filed with respect to an estate to the
applicant for a grant in respect of that estate.
(3) If a caveat expires or is withdrawn or discharged, an application for a grant
becomes a non-contentious matter and must be continued under Part 1.
AR 130/95 s71;44/2015
Warning to caveator
72 An applicant for a grant may file and serve on a caveator a warning in Form
C4.
Objection to grant
73(1) A caveator may file a notice of objection in Form C9 to a grant being
issued under Part 1 and serve it on the applicant within 10 days after the caveator
is served with the warning.
(2) Despite subsection (1), a caveator may apply to the court for an order
extending the time within which the caveator must file and serve a notice of
objection.
(3) If a caveator files and serves a notice of objection within the time allowed,
the application must be continued under Division 3.
(4) If a caveator does not file and serve a notice of objection within the time
allowed, the clerk must discharge the caveat and the application for a grant must
be continued under Part 1.
AR 130/95 s73;165/2010;44/2015
Frivolous or vexatious caveat
74(1) Despite rule 73, if a caveator files and serves a notice of objection to an
informal grant, the applicant may apply for an order that the caveat is frivolous or
vexatious and that the caveat be discharged.
(2) If the court determines that a caveat is frivolous or vexatious, the court may
order that the caveat be discharged and award costs against the caveator.
(3) If the court determines that a caveat is not frivolous or vexatious, the
application for a grant must be continued under Division 3.
36
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Rule 75
(4) If the court determines that a caveat is not frivolous or vexatious but that it
should be discharged in the circumstances of the estate, the court may order that
the caveat be discharged.
AR 130/95 s74;44/2015
Division 3
Formal Proof of a Will
Applications
75(1) A personal representative or a person interested in the estate may apply to
the court
(a) to obtain formal proof of a will, whether or not an application for a
grant has been made under Part 1;
(b) to set aside a grant issued under Part 1 and require formal proof of the
will;
(c) to prevent the issue of a grant under Part 1 and require formal proof of
a will;
(d) to obtain an order that the deceased died intestate;
(e) to request the appointment of a personal representative;
(f) to request the appointment of a personal representative other than the
one appointed by a grant issued under Part 1;
(g) to restrain a personal representative from exercising any powers during
an application under this subrule;
(h) to appoint a special personal representative to conduct an application
under this subrule.
(2) The court may order a person to apply for an order under subrule (1).
(3) An application under subrule (1) operates to stay proceedings under an
application under Part 1.
(4) If an application under subrule (1) is filed, a personal representative
appointed by a grant issued under Part 1 must not distribute any of the property
of the estate unless
(a) the court approves the distribution, or
(b) all persons interested in the estate consent to the distribution.
(5) Subject to subrule (4), if an application is filed to appoint a personal
representative under this Part and to restrain a personal representative appointed
by a grant issued under Part 1 from acting, the personal representative appointed
by the grant issued under Part 1 must not exercise any of the powers of a
personal representative during the application for formal proof of the will without
the consent of the court.
37
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Rule 76
Original will lost or destroyed
76 If an original will is lost or destroyed, a person interested in the estate must
apply for an order under rule 75 unless
(a) the applicant shows to the satisfaction of the court that section 40 of the
Alberta Evidence Act applies, or
(b) the court orders otherwise.
AR 251/2001
Required documents
77(1) A person may commence an application under this Division by filing the
following and serving them on the persons interested in the estate:
(a) if the application is made by a personal representative,
(i) Form C5;
(ii) Form C6;
(iii) Form C8;
(b) if the application is made by a person interested in the estate, a notice
of objection in Form C9;
(c) if the application is ordered by the court, direction by the court that the
will be formally proved.
(2) If a court file has already been opened for the estate, the clerk must record all
of the documents under subrule (1) in the existing file.
(3) If there is no court file, the documents under subrule (1)(a) and (b) are
commencement documents and the clerk must open a court file.
(4) If an application under this Division is not contested or opposed, the court
may make an order under this Division based on the documents filed without
requiring more.
AR 130/95 s77;165/2010
Persons interested in the estate
78 Despite rule 57, the classes of persons interested in an estate who may apply
for an order under rule 75 are the following:
(a) surviving spouse or surviving adult interdependent partner;
(b) adult children;
(c) Public Trustee or any other person representing minors;
(d) trustees of represented adults under the Adult Guardianship and
Trusteeship Act;
38
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Rule 79
(e) attorneys appointed under the Powers of Attorney Act;
(f) Public Trustee when representing missing persons;
(g) heirs on intestacy;
(h) personal representatives and beneficiaries in any will in respect of
which an application is made under these Rules;
(i) personal representatives appointed under a prior grant issued in respect
of the will;
(j) the alleged deceased if the fact of death is an issue.
AR 130/95 s78;110/2001;201/2003;10/2010
Action commenced by a person interested in the estate
79(1) If a person interested in an estate files an application under this Division,
a personal representative named in the will may
(a) file the documents referred to in rule 77(1)(a);
(b) renounce all right to be the personal representative of the estate if the
personal representative has not intermeddled in the estate;
(c) apply to be discharged;
(d) apply for an order that the application is frivolous or vexatious.
(2) An application under this Division or under Part 1 is not by itself
intermeddling in the estate.
Special applications
80(1) If a personal representative renounces all rights or does not respond to a
notice of objection in Form C9, a person interested in the estate may apply to the
court for directions on how to proceed.
(2) The court may appoint a personal representative to administer the estate and
conduct proceedings under this Division until a grant is issued.
Order requiring formal probate
81(1) The court may require formal proof of a will with respect to which an
application is made under Part 1 whether before or after a grant is issued.
(2) An order referred to in subrule (1) must give the reasons for requiring formal
proof of the will.
(3) If an order is made under subrule (1), the personal representative or
applicant, as the case may be, must file the documents required under rule
77(1)(a).
39
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Rule 82
Parties
82 If a personal representative renounces or fails to respond to a notice of
objection in Form C9, the person filing the notice of objection is the applicant in
any application to the court for further directions.
Trial
83(1) The hearing in an application for formal proof of a will under this
Division must be in the form of a trial before the court and must not be held in
chambers,
(a) if several witnesses are necessary in the opinion of the court, or
(b) if the court orders a trial.
(2) If the hearing is a trial, the applicant must apply to the court in chambers for
directions on the procedure to be followed at the trial.
(3) The court on application under subrule (2) may
(a) set the procedure to be followed at the trial, including
(i) giving directions on pre-trial disclosure of documents and
questioning,
(ii) ordering the production of documents,
(iii) stating the parties and their roles,
(iv) ordering the representation of parties, or
(v) dispensing with pre-trial procedures and sending the matter
straight to trial,
or
(b) despite subrule (1), order a hearing in chambers on affidavit or oral
evidence or both respecting certain issues.
AR 130/95 s85;107/2004;165/2010
Hearing in chambers
84(1) Despite rule 83, the hearing of an application for formal proof of a will
under this Division must be in chambers if the only issue is proof of the death of
the testator or proving the signing of the will or both.
(2) In subrule (1), “proving the signing of the will” means
(a) proving the fact of the testator’s signature and handwriting,
(b) proving the fact of the witnesses’ signatures, presence and
qualifications, or
(c) proving that the signing of the will complied with the Wills and
Succession Act.
AR 130/95 s83;107/2004;10/2012
40
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Rule 85
Evidence
85(1) Evidence at a hearing in chambers referred to in rule 84 may be given by
affidavit or orally or both.
(2) Any person who took instructions for the preparation of the will is
compellable as a witness and subject to pre-trial disclosure and production of
documents and oral questioning respecting
(a) the circumstances of that person’s involvement in the preparation of the
will and of any lawyer’s retainer,
(b) the instructions given by the testator,
(c) the preparation of the will or the circumstances of its signing, or
(d) any steps taken to ascertain or record by any means the testator’s
capacity or the witness’s or lawyer’s opinion concerning that capacity.
AR 130/95 s84;132/2000;107/2004;165/2010
Order of decisions
86 The court must do the following on an application for formal proof of a will:
(a) if several wills of the deceased are in issue, consider each will in turn
in the order in which they were made, beginning with the most recent;
(b) as soon as the court admits to probate one or more wills that dispose of
all of the property of the deceased, consider no further wills;
(c) if the wills admitted to probate do not dispose of all of the property of
the deceased, consider whether an intestacy exists;
(d) if a will is opposed and an application for a declaration of intestacy is
made, decide whether the will should be admitted to probate.
Order of proceedings
87 In an application for formal proof of a will under this Division,
(a) the proponent of the will must be heard first and must present evidence
concerning the proof of death, proof of the signing of the will and the
capacity of the deceased, and
(b) the contestant must be heard next.
Other proceedings
88 An application for formal proof of a will may be combined with another
application to the court concerning the same estate.
Witness fees
89 Any person who appears as a witness at a hearing under this Division
41
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Rule 90
(a) is entitled to an allowance in accordance with Schedule B, Division 3
of the Alberta Rules of Court (AR 124/2010), and
(b) may be given a preparation allowance and any additional allowances in
amounts specified by the court.
AR 130/95 s89;165/2010
Powers of the court
90 On an application under this Division the court may
(a) determine the fact of death;
(b) determine whether the deceased died testate or intestate;
(c) determine which will of the deceased, if any, to admit to probate;
(d) determine the heirs of a deceased on intestacy;
(e) terminate any grant issued under Part 1 appointing a personal
representative;
(f) terminate the appointment of a personal representative who was
appointed to make an application for formal proof of a will;
(g) issue any grant referred to in rule 10;
(h) direct the payment of costs, including penalizing any person who
required formal proof of the will if it became clear during the
proceedings that
(i) the application was frivolous or vexatious,
(ii) the person caused undue delay, or
(iii) the person had no substantial basis for requiring the scrutiny of the
court;
(i) determine any other matter that the court considers relevant or that is
incidental to the application.
Order final
91(1) Subject to subrule (2), in the absence of fraud and even if a will is
discovered after the court makes a decision under rule 86, a grant issued under
rule 90 based on that decision is binding on all persons.
(2) A person referred to in rule 78 who was not served with notice of
proceedings under this Division may apply for an order under this Division in
respect of a testamentary instrument that has not been considered by the court in
a prior application under this Division.
Appeal
92 Despite rule 91, an appeal lies to the Court of Appeal from the whole or any
part of an order under this Division.
42
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Rule 93
Return and revocation of informal grant
93(1) If an application is made under rule 75 for formal proof of a will, a
personal representative who has been appointed by a grant issued under Part 1
must return the grant to the court unless the court orders otherwise.
(2) If a personal representative does not return a grant, the court may issue an
order requiring delivery of the grant to the clerk.
(3) If the court revokes a grant after proceedings for formal proof of a will are
concluded, the clerk must endorse the following on the grant:
Revoked by Order of M__ Justice ___________________
on ____________________________________________
_______________________________________________
(Clerk of the Court) (seal)
AR 130/95 s93;53/2001
Division 4
Proof of Death
Proof of death
94(1) The court may permit a person to swear to the death of another person if
there is no direct evidence of the death but there is evidence from which the
death can be presumed.
(2) An application for permission to swear to the death of a person may be made
(a) in Forms C1 and C2, and
(b) without notice or on the notice the court orders.
(3) The court may declare that the death of a person is proven or presumed if the
court is satisfied with the evidence and the form of the evidence presented to the
court.
(4) A declaration of presumption of death made by the court must contain
particulars of the following information to the extent that those particulars have
been established to the satisfaction of the court:
(a) the full name of the person presumed dead, including the person’s
maiden or married name, where applicable;
(b) the sex of the person presumed dead;
(c) the place where the death is presumed to have occurred;
(d) the date on which the death is presumed to have occurred.
AR 209/2007
43
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Rule 95
Division 5
Claims on an Estate
Contested claim
95 If a personal representative does not agree with all or part of the claim of a
claimant against the estate, the personal representative must serve the claimant
with a notice of contestation in Form C11.
Application to court
96(1) A claimant whose claim is contested may apply to the court for an order
allowing the claim and setting the amount by filing a notice of claim with
affidavit in Form C12 and serving it on the personal representative.
(2) A claimant must make an application under subrule (1) within 2 months of
receiving the notice of contestation under rule 95.
(3) The court may waive the time limit in subrule (2) if
(a) the claimant applies to the court for an extension of time within the 2
months, and
(b) the application is heard within 5 months after receiving the notice of
contestation under rule 95.
AR 130/95 s96;165/2010
Part 3
Accounting
Division 1
General
Requirement for an accounting
97(1) A personal representative must give an accounting of the administration of
the estate at regular intervals
(a) by preparing financial statements showing the property and money
received and the property distributed and the money paid out respecting
the administration of the estate, and
(b) by giving the financial statements to the beneficiaries.
(2) Unless the court orders a longer or shorter period, a personal representative
must give an accounting of the administration of the estate every 2 years after the
date of death or the date of the end of the latest period for which an accounting is
given.
44
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Rule 98
(3) The court may require, or a person interested in the estate may apply to the
court for an order requiring, the personal representative to give an accounting of
the administration of the estate at any time.
(4) A beneficiary of only a specific gift under a will
(a) is entitled to an accounting that is in respect of only that gift, and
(b) who has received that gift may not apply for an order under subrule (3).
Contents of financial statements
98(1) The financial statements respecting an estate must include the following:
(a) an inventory of property and debts at the beginning and end of the
accounting period;
(b) a statement of all property and money received during the accounting
period showing whether it is capital or income;
(c) a statement of all property distributed and money paid out during the
accounting period showing whether it is capital or income;
(d) a statement of all changes to property made and all debts of the estate
paid or incurred by the personal representative during the accounting
period;
(e) a statement of all expenses incurred or paid during the accounting
period;
(f) in the case of a final passing of accounts, a statement of anticipated
receipts and disbursements;
(g) a reconciliation, where necessary, showing the items required to
balance the opening net value of the estate with the closing net value of
the estate;
(h) a distribution schedule, including interim distributions and the
proposed final distribution, if appropriate;
(i) a proposed compensation schedule for the personal representative
showing the basis on which it is calculated and its allocation to income
or capital.
(2) The financial statements may be separate or combined as long as they can be
followed clearly.
(3) The financial statements may be in any format, and each entry may be
numbered consecutively.
(4) If the will or other trust instrument specifies separate capital and income
interests, the financial statements must distinguish entries respecting capital from
entries respecting income.
45
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Rule 99
(5) The court, at any time, may require further financial statements or more
particulars with respect to the financial statements presented.
AR 130/95 s98;132/2000
Acceptable documentation
99 The following documentation is sufficient to confirm ownership by the
estate of the property referred to:
(a) in the case of publicly traded securities and commercial paper,
(i) a certificate, or
(ii) a letter from a dealer registered under the Securities Act, a bank or
a trust corporation, whether registered under the Loan and Trust
Corporations Act or not, carrying on business in any jurisdiction
in Canada stating that the dealer, bank or trust corporation is
holding securities for the estate, either by having them in its
possession, through a securities depository or by some other
means that is in accordance with current practice in the industry;
(b) in the case of private company shares,
(i) a certificate, or
(ii) a letter from a duly authorized officer of the company or from the
company’s lawyer confirming the holding;
(c) in the case of bank balances, cash, term deposits, treasury bills,
annuities, pensions, retirement plans, royalty trusts, and similar
property,
(i) a certificate or statement of account, or
(ii) a letter from a financial institution stating that the financial
institution is holding property for the estate, either by having it in
its possession, through a securities depository, or by some other
means that is in accordance with current practice in the industry;
(d) in the case of household goods and personal effects,
(i) a letter or bill of lading from any depository where the goods or
effects are stored, or
(ii) an inventory, the accuracy of which is attested to by the personal
representative, indicating possession of the goods or effects on
behalf of the estate;
(e) in the case of real property, a current certified copy of the certificate of
title.
46
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Rule 100
Division 2
Releases
Releases
100(1) A personal representative may, on the presentation of accounts to the
residuary beneficiaries, obtain releases in Form ACC 12 from the residuary
beneficiaries.
(2) The releases obtained under subrule (1) need not be filed.
Effect of release
101 A personal representative may rely on a release for confirmation that, in
the opinion of the residuary beneficiary giving the release,
(a) the accounting in respect of the estate presented to the beneficiary is
satisfactory;
(b) the personal representative may be compensated as set out in the
statement of compensation included in the financial statements;
(c) the personal representative may distribute the estate in accordance with
the statement of distribution included in the financial statements.
Bond
102 Releases obtained under rule 100 do not constitute the cancellation of a
bond.
Division 3
Dispensing with Formal Passing of Accounts
Dispensing with passing accounts
103(1) A personal representative may apply for an order dispensing with the
formal passing of the accounts and passing the accounts informally by filing the
following and serving copies on the persons interested in the estate who have not
given releases:
(a) Form ACC 10;
(b) Form ACC 11;
(c) the financial statements;
(d) repealed AR 306/2009 s4.
(2) A personal representative need not serve a beneficiary from whom the
personal representative has received a signed release under rule 100.
AR 130/95 s103;306/2009
47
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Rule 104
Proceeding without notice
104 If no notice of objection is filed by a person interested in the estate or if all
residuary beneficiaries have signed releases, an application under rule 103 may
proceed without notice to any other person.
Court order
105 Even if all the residuary beneficiaries have signed releases, the court
(a) must be satisfied with all the required documentation respecting the
estate whether or not all the residuary beneficiaries have signed
releases;
(b) may make the order applied for;
(c) may do anything it may do under rule 113.
Objection
106(1) If any person interested in the estate objects to an application under this
Division, that person must file and serve a notice of objection in Form ACC 3 in
accordance with rule 114.
(2) If a notice of objection is filed, the court must hold a hearing under Division
4 on the matter.
Division 4
Passing Accounts
Required forms
107(1) A personal representative may apply for an order formally passing
accounts by filing the following and serving copies on the persons interested in
the estate who have not given releases
(a) Form ACC 1;
(b) Form ACC 2;
(c) the financial statements;
(d) repealed AR 306/2009 s5,
(e) any notice of objection in Form ACC 3.
(2) The personal representative must serve the notice of hearing attached to
Form ACC 1 one month or more before the hearing.
AR 130/95 s107;306/2009;165/2010
48
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Rule 108
Application by person interested in estate
108(1) A person interested in an estate may apply for an order requiring the
formal passing of accounts by filing the following and serving copies on the
personal representative:
(a) Form ACC 6;
(b) Form ACC 7.
(2) An applicant must serve the notice of hearing attached to Form ACC 6 one
month or more before the hearing.
(3) In an application by a person interested in an estate that accounts be formally
passed, the person interested in the estate is the applicant and the personal
representative is one class of respondent.
AR 130/95 s108;165/2010
Reply
109(1) A personal representative who is served with notice under rule 108 must
file and serve a reply in Form ACC 8 10 days or more before any scheduled
hearing on the applicant and all persons interested in the estate who have not
given releases.
(2) In a reply, the personal representative may
(a) give an accounting to the applicant and other parties if one has not been
given before that time,
(b) object to the application that accounts be formally passed, or
(c) consent to the application that accounts be formally passed.
AR 130/95 s109;165/2010
Withdrawal
110 If a personal representative gives an accounting pursuant to rule 109(2)(a)
that satisfies the applicant, the applicant must withdraw the application by giving
a letter to that effect to the clerk and serving a copy of the letter on any of those
who were served with notice of the application.
Objection
111 If the personal representative objects pursuant to rule 109(2)(b) to an
application for an order requiring the formal passing of accounts, the personal
representative must file an affidavit in Form ACC 9 and serve it 10 days or more
before the scheduled hearing on the applicant and the persons interested in the
estate who have not given releases.
AR 130/95 s111;165/2010
49
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Rule 112
Consent to an accounting
112(1) If a personal representative consents under rule 109(2)(c) to an
application, the personal representative
(a) must adjourn any scheduled hearing and set a new date for a hearing in
accordance with subrule (2), and
(b) must serve the documents in rule 107(1) and the notice of hearing
within 2 months after serving a reply under rule 109 on the persons
interested in the estate who have not given releases.
(2) The new date set under subrule (1) must occur on the earlier of
(a) a day that is within one month after the day on which the documents
are served under subrule (1), and
(b) a day that is within 4 months after the personal representative is served
under rule 108(1).
AR 130/95 s112;165/2010
Powers of court
113(1) The court may
(a) set a date for a hearing and direct that notice of the hearing be served
on the persons specified by the court within the periods specified
despite the time limits for service in rules 107, 108 and 112;
(b) direct a formal passing of one or more or all entries;
(c) reject the application;
(d) dispense with a formal passing and pass the accounts on an informal
basis;
(e) make any other determination that the court considers appropriate.
(2) At a hearing to pass interim or final accounts, the court may
(a) pass the accounts;
(b) vary or amend the financial statements;
(c) set the compensation for the personal representative and give any
directions in that respect;
(d) decide any matters in dispute summarily;
(e) order the trial of any matter in dispute, set the procedure the parties
must follow and set time limits if it is appropriate;
(f) appoint a person to assist the court in determining any matters on
which the court requires further clarification or explanation;
(g) direct the payment of debts or charges;
(h) confirm the beneficiaries and their several interests and direct
distribution of the estate to them;
50
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Rule 114
(i) direct the substitution for or the reduction or cancellation of any bond;
(j) direct payment to the Public Trustee or any other trustee of any money
to which a minor or missing person is entitled;
(k) allow and direct payment of costs;
(l) generally dispose of all matters incidental to the administration of the
estate to a date to be stated in the order.
(3) If the court makes an order referred to in subrule (2)(f), the order must not
include an examination of maintenance payments ordered by the Provincial
Court or the Court of Queen’s Bench other than to determine whether or not the
payments have been made.
(4) On a final passing of accounts, the court, in addition to the powers referred to
in subrule (2), may
(a) discharge a personal representative who is an administrator;
(b) determine whether a personal representative who is an executor has
fully and satisfactorily accounted to a date to be stated in the order;
(c) make any other order that the court considers appropriate.
AR 130/95 s113;110/2001
Notice of objection
114(1) In any proceedings under Division 3 or this Division, if a person
interested in the estate objects to financial statements or part of them, the person
must file a notice of objection in Form ACC 3 with the court and serve a copy of
it on the personal representative and all persons interested in the estate 20 days or
more before the scheduled hearing.
(2) In a notice of objection, the objecting person
(a) must give particulars of the objection in Form ACC 3,
(b) if there is an objection to an entry in the financial statements, must
indicate the entry objected to by its number, and
(c) if there is an objection to the manner in which the personal
representative has administered the estate, must state the objection.
(3) A person who does not file and serve a notice of objection may only make
representations at the scheduled hearing with the permission of the court.
(4) If a person does not appear at the scheduled hearing and has not filed and
served a notice of objection as required, that person is deemed to have consented
to the administration of the estate as recorded in the financial statements.
AR 130/95 s114;165/2010
51
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Rule 115
Examination of accounts by an accountant
115(1) The court, at any time and whether at a hearing or not, may order one or
more entries in the financial statements of a personal representative to be
examined by an accountant.
(2) An accountant referred to in subrule (1) must be a chartered accountant, a
certified general accountant or a certified management accountant.
(3) The court must determine the nature, scope and extent of the accountant’s
examination.
(4) The terms of the accountant’s appointment may be in Form ACC 4.
(5) An accountant’s fees, disbursements and other charges are payable out of the
residue of the estate unless otherwise ordered by the court.
Access to records
116 A personal representative and any other person having knowledge or
possession of documents relating to the administration of an estate must make all
records and other pertinent documents available to an accountant appointed
under rule 115 and must co-operate fully with the accountant.
Report
117(1) At the end of the examination, an accountant appointed under rule 115
must file a report in Form ACC 5.1 or Form ACC 5.2 and serve a copy of the
report by ordinary mail on the personal representative and on the persons
interested in the estate.
(2) The court may require the accountant to appear at any hearing and give any
further explanations the court needs in order to pass the accounts.
AR 130/95 s117;44/2015
Part 4
Dependent Adults
Part 4 Repealed AR 10/2010 s4.
Part 5
Transitional, Repeal and Commencement
137 to 140 Repealed AR 132/2000 s10.
52
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Schedule 1, Part 1
Schedule 1
Legal and Personal
Representative Compensation
Definition
1 For the purpose of this Schedule,
(a) “core legal services” are the legal services listed in Table 1 of Part 2
normally rendered by a lawyer for the personal representatives in
connection with the administration of an estate;
(b) “non-core legal services” are legal services listed in Part 2 Table 2
rendered by a lawyer for the personal representatives that are in
addition to the core legal services required in the administration of an
estate;
(c) “personal representatives’ duties” are the tasks listed in the Table in
Part 1 normally required to be performed by a personal representative
in the administration of an estate;
(d) “time of distribution” means
(i) when the estate property is distributable to the beneficiaries
immediately on the death of the deceased, the time when
distribution to the beneficiaries is complete,
(ii) the time when the transfer of a minor’s property to the minor’s
trustees is complete, or
(iii) when the estate property is not all distributable to the beneficiaries
immediately on the death of the deceased because trusts delay the
final distribution, the time when distribution of immediately
distributable property to the beneficiaries is complete, and transfer
of the trust property to the trustees is complete.
Part 1
Personal Representatives’ Compensation
Determination
1(1) Personal representatives may receive fair and reasonable compensation for
their responsibility in administering an estate by performing the personal
representatives’ duties.
(2) Compensation paid to a personal representative is for all the services
performed by the personal representative to complete the administration of the
estate including distribution of the estate and the conclusion of any trusts.
(3) A personal representative may receive compensation for the care and
management of property in an estate only if
53
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Schedule 1, Part 1
(a) there is no outright distribution of that estate property at the date of
death, and
(b) the trust is not varied by agreement among the affected beneficiaries or
by the court.
Factors to be considered
2 The following factors are relevant when determining the compensation
charged by or allowed to personal representatives:
(a) the gross value of the estate;
(b) the amount of revenue receipts and disbursements;
(c) the complexity of the work involved and whether any difficult or
unusual questions were raised;
(d) the amount of skill, labour, responsibility, technological support and
specialized knowledge required;
(e) the time expended;
(f) the number and complexity of tasks delegated to others;
(g) the number of personal representatives appointed in the will, if any.
Additional compensation
3 Additional compensation may be allowed when personal representatives
(a) are called upon to perform additional roles in order to administer the
estate, such as exercising the powers of a manager or director of a
company or business,
(b) encounter unusual difficulties or situations, or
(c) must instruct on litigation.
Compensation fixed in will
4 If the compensation payable to the personal representative is fixed in a will,
no greater amount can be charged or allowed unless the fixed amount is varied
by agreement among the affected beneficiaries or by order of the court.
Compensation to be shared
5 The compensation once determined must be shared among the personal
representatives in proportions agreed to among the personal representatives or as
ordered by the court.
54
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Schedule 1, Part 1
Pre-taking compensation
6(1) Personal representatives may be paid compensation before completing the
administration of the estate if
(a) the will provides for it,
(b) all the affected beneficiaries agree to it, or
(c) the court orders it.
(2) If all or any part of the amount of compensation paid to a personal
representative under subrule (1) is later reduced by the court, the personal
representative must repay the disallowed amount immediately to the estate with
interest at a rate and for a period set by the court.
Lawyer performs personal representatives’ work
7 If a lawyer or other agent performs some or all of the duties of the personal
representative, the amount payable to the personal representative must be
reduced commensurately.
Schedule on accounting
8 If a personal representative is required to give the beneficiary of an estate an
accounting in which compensation to the personal representative is shown, the
personal representative must give the beneficiary a copy of this Part.
Expenses
9 Personal representatives are entitled to reimbursement for expenses properly
incurred by them in the administration of the estate, including the following:
(a) expenses reasonably incurred by the personal representatives in
carrying out their duties;
(b) fees or commissions to agents, including lawyers, accountants, real
estate agents, securities brokers, investment advisors, appraisers,
auctioneers and other professionals, engaged to perform estate
administration services or to buy or sell estate property.
Table
Personal Representatives’ Duties
1 Making arrangements for the disposition of the body and for funeral,
memorial or other similar services.
2 Determining the names and addresses of those beneficially entitled to the
estate property and notifying them of their interests.
55
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Schedule 1, Part 1
3 Arranging with a bank, trust company or other financial institution for a list of
the contents of a safety deposit box.
4 Determining the full nature and value of property and debts of the deceased as
at the date of death and compiling a list, including the value of all land and
buildings and a summary of outstanding mortgages, leases and other
encumbrances.
5 Examining existing insurance policies, advising insurance companies of the
death and placing additional insurance, if necessary.
6 Protecting or securing the safety of any estate property.
7 Providing for the protection and supervision of vacant land and buildings.
8 Arranging for the proper management of the estate property, including
continuing business operations, taking control of property and selling property.
9 Retaining a lawyer to advise on the administration of the estate, to apply for a
grant from the court or to bring any matter before the court.
10 Applying for any pensions, annuities, death benefits, life insurance or other
benefits payable to the estate.
11 Advising any joint tenancy beneficiaries of the death of the deceased.
12 Advising any designated beneficiaries of their interests under life insurance
or other property passing outside the will.
13 Arranging for the payment of debts and expenses owed by the deceased and
the estate.
14 Determining whether to advertise for claimants, checking all claims and
making payments as funds become available.
15 Taking the steps necessary to finalize the amount payable if the legitimacy
or amount of a debt is in issue.
16 Determining the income tax or other tax liability of the deceased and of the
estate, filing the necessary returns, paying any tax owing and obtaining income
tax or other tax clearance certificates before distributing the estate property.
17 Instructing a lawyer in any litigation.
18 Complying with the requirement for filing an acknowledgment of trustee(s)
before distributing any property to a trustee.
19 Preparing the personal representative’s financial statements, a proposed
compensation schedule and a proposed final distribution schedule.
20 Distributing the estate property in accordance with the will or intestate
succession provisions.
56
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Schedule 1, Part 2
Part 2
Lawyers’ Compensation
Categories of service
1 A lawyer may charge fees for the following categories of legal services in the
administration of estates:
(a) core legal services;
(b) non-core legal services.
Personal representatives’ duties
2 A lawyer may charge fees for legal services that involve carrying out personal
representatives’ duties.
Agreement
3(1) The lawyer and the personal representatives must agree to the categories of
service that the lawyer will perform and to an arrangement or amount for each
category of fees, disbursements and other charges.
(2) The fees agreed to must cover, up to the time of distribution of the estate,
(a) all the core legal services or non-core legal services,
(b) any personal representatives’ duties required to be performed by the
lawyer, and
(c) any other services required to be performed by the lawyer.
Lawyer as personal representative
4 When a lawyer is also appointed as the personal representative under a grant,
the lawyer may charge additional fees for any core and non-core legal services
performed by the lawyer as a lawyer.
Factors to be considered
5 The following factors are relevant when determining the fees charged by or
allowed to a lawyer:
(a) the complexity of the work involved and whether any difficult or novel
questions were raised;
(b) the amount of skill, labour, responsibility and specialized knowledge
required;
(c) the lawyer’s experience in estate administration;
(d) the number and importance of documents prepared or perused;
57
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Schedule 1, Part 2
(e) whether the lawyer performed services away from the lawyer’s usual
place of business or in unusual circumstances;
(f) the value of the estate;
(g) the amount of work performed in connection with jointly held or
designated assets;
(h) the results obtained;
(i) the time expended;
(j) whether or not the lawyer and the personal representative concluded an
agreement and whether the agreement is reasonable in all the
circumstances.
Disbursements
6 Reasonable costs incurred by a lawyer as disbursements and other charges in
performing services in any category are allowed in addition to any fees charged.
Statement of fees and disbursements to be in writing
7(1) A lawyer must present a written statement of fees, disbursements and other
charges to the personal representative, showing the details of the services
performed, together with a copy of this Part.
(2) If the personal representative is required to give the beneficiaries of an estate
an accounting in which legal fees are shown, the personal representative must
give them a copy of this Part.
Taxing accounts
8(1) The lawyer or the personal representative may have the lawyer’s account
reviewed by the review officer under the Alberta Rules of Court (AR 124/2010).
(2) The review officer or the court may review fees, disbursements and other
charges and may increase or decrease any of them.
Table 1
Core Legal Services
1 Receiving instructions from the personal representatives.
2 Giving the personal representatives information and advice on all matters in
connection with the administration of the estate, including the following:
(a) the basis for the lawyer’s fees for the different categories of legal
services;
58
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Schedule 1, Part 2
(b) the basis for the personal representatives’ compensation and
preparation of the proposed compensation schedule;
(c) providing a copy of this Schedule to the personal representatives.
3 Reviewing the will or the provisions of Part 3 of the Wills and Succession Act
with the personal representative.
4 Receiving information from personal representatives about the following:
(a) the deceased;
(b) the beneficiaries;
(c) the estate property;
(d) the deceased’s debts;
(e) minors.
5 Obtaining details of all the property and debts of the deceased for the
purposes of an application to the court, including the following:
(a) the full nature and value of the property of the deceased as at the date
of death including the value of all land and buildings and a summary of
outstanding mortgages, leases and any other encumbrances;
(b) any pensions, annuities, death benefits and any other benefits;
(c) any debts owed by the deceased as at the date of death;
(d) preparing all required documents for grant applications;
(e) preparing notices to all beneficiaries;
(f) arranging for surviving spouse or surviving adult interdependent
partner to receive notices under Part 5, Division 2 of the Wills and
Succession Act and Matrimonial Property Act, if necessary;
(g) arranging for family members to receive notices under Part 5, Division
2 of the Wills and Succession Act, if necessary;
(h) attending on signing of application for grant, filing with the court,
payment of fees and dealing with the clerk;
(i) advising the Public Trustee, if necessary;
(j) receiving the grant.
6 Preparing documents to advertise for claimants, arranging for advertising and
obtaining affidavit of publication.
7 Preparing declarations of transmission and powers of attorney for stocks and
bonds transferrable under the Alberta grant.
8 Preparing transmission and transfer documents for land transferrable under
the Alberta grant.
59
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Schedule 1, Part 2
9 Preparing all other documents required to transmit and transfer property
transferrable under the Alberta grant.
10 Advising the personal representatives on any trusts required by the will.
11 Advising the personal representatives to prepare and file tax returns.
12 Confirming receipt of clearance certificates from Revenue Canada.
13 Submitting personal representatives’ financial statements for approval to the
beneficiaries on an informal basis.
14 Preparing releases and acknowledgments of trustee(s) and obtaining and
filing them if so instructed by the personal representatives.
15 Generally advising the personal representatives on all matters referred to in
this Table.
Table 2
Non-Core Legal Services
1 Acting as conveyancing lawyer on any sale of land.
2 Acting as lawyer on the sale of other property or businesses.
3 Preparing personal representatives’ financial statements for submission to
residuary beneficiaries.
4 Preparing all documents and acting for the personal representatives in any
court proceedings involving the estate, including but not limited to the following:
(a) formal proof of a will;
(b) formal passing of accounts;
(c) all other contentious matters.
5 Negotiating with any taxing authorities in Alberta or elsewhere with respect
to the assessment and payment of any taxes or duties levied against the deceased,
the estate or the beneficiaries and preparing all documents in connection with the
negotiations.
6 Arranging to obtain a resealed or ancillary grant in another jurisdiction.
7 Preparing all documents and obtaining a resealed or ancillary grant in Alberta.
8 Preparing all documents and obtaining a grant of double probate.
9 Preparing all documents and obtaining a grant of trusteeship of minors’
estates.
10 Dealing with any claims by claimants.
60
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Schedule 2
11 Setting up any trusts required by the will and arranging for the
reimbursement of the trustees for services rendered to the trusts.
12 Identifying property not forming part of the estate but passing by
survivorship or passing directly to a named beneficiary outside the will,
including
(a) preparing documentation to transfer land and other property held in
joint tenancy to the surviving tenants;
(b) preparing documentation to pass property to designated beneficiaries
outside the will.
13 Arranging for any other legal services not included in Table 1.
14 Generally advising the personal representative on all matters referred to in
this Table.
AR 130/95 Sched.1;201/2003;101/2010;165/2010;10/2012
Schedule 2
Court Fees
1(1) For issuing grants of probate or letters of administration or resealing grants,
excluding trusteeship but including one certified copy of the document, where
the net value of property in Alberta is
(a) $10 000 or under
$ 35
(b) over $10 000 but not more than $25 000
135
(c) over $25 000 but not more than $125 000
275
(d) over $125 000 but not more than $250 000
400
(e) over $250 000
525
(2), (3) Repealed AR 71/2015 s2.
2 Except items referred to in section 1, for documents that require the
opening of a court file respecting an estate
$ 250
3 For each application for trusteeship
$ 250
4 For issuing each grant of double probate, supplemental grant or
grant administration of unadministered property
$ 250
5 For each caveat filed
$ 250
5.1 For an application in the course of an action or proceeding
respecting an estate or trusteeship
61
$50
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Schedule 3
6 For each certified copy of a document other than the initial
certified copy
$ 10
7 For each search
$ 10
8 For a photostatic copy or faxed copy, per page
$ 1
AR 130/95 Sched.2;132/2000;71/2015
Schedule 3
NC 1
COURT FILE NUMBER
COURT
Court of Queen’s Bench of Alberta
(Surrogate Matter)
JUDICIAL CENTRE
ESTATE NAME
PROCEDURE
Application by the personal
representative(s) for a grant
of
BOND
NOTICES REQUIRED
COPY OF THE APPLICATION
FILED WITH THE PUBLIC
TRUSTEE’S OFFICE
PERSONAL REPRESENTATIVE(S)
NAME(S)
COMPLETE ADDRESS FOR
SERVICE ON THE PERSONAL
REPRESENTATIVE(S)
Personal Representative
Date
Name:
Complete address:
Lawyers for Personal Representative(s)
Responsible lawyer:
Firm name:
62
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Schedule 3
Complete address:
Phone:
Fax:
File no.:
ORDER: ISSUE THE GRANT AS APPLIED FOR
JUSTICE OF THE COURT OF QUEEN’S
BENCH OF ALBERTA
DATE
NC 2
COURT FILE NUMBER
COURT
Court of Queen’s Bench of Alberta
(Surrogate Matter)
JUDICIAL CENTRE
ESTATE NAME
DOCUMENT
Affidavit by the personal
representative(s) on application
for a grant of
DEPONENT(S) NAME(S)
THE DEPONENT(S) EACH SWEAR UNDER OATH OR AFFIRM THAT THE
INFORMATION IN THIS AFFIDAVIT AND IN THE ATTACHED SCHEDULES IS
WITHIN THE DEPONENTS’ KNOWLEDGE AND IS TRUE. WHERE THE
INFORMATION IS BASED ON ADVICE OR INFORMATION AND BELIEF, THIS IS
STATED.
Applicant(s)
1.
The applicant(s) are entitled to apply for a grant because the applicant(s) are
Schedules Attached
2.
The following schedules are part of this affidavit. They are correct to the deponents’
information and belief.
2.1 NC 3
Schedule 1
Deceased
2.2 NC 4
Schedule 2
Will
2.3 NC 5
Schedule 3
Personal representative(s)
63
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Schedule 3
2.4 NC 6
Schedule 4
Beneficiaries
2.5 NC 7
Schedule 5
Inventory
Documents Attached
3.
The following documents are part of this affidavit.
3.1
Original will of the deceased
3.2 NC 8
Affidavit of witness to a will
I have personally prepared or carefully read the schedules and documents that are
part of this affidavit and to the best of my knowledge the information in them is
accurate and complete.
Notices
4.
The applicant(s) have served the following notices as required and in the manner
prescribed by the Surrogate Rules.
4.1 NC 19
Notice(s) to beneficiaries (residuary)
4.2 NC 20
Notice(s) to beneficiaries (non residuary)
4.21 NC 20.1 Notice of void gift
4.3 NC 21
Notice(s) to beneficiaries (intestacy)
4.4 NC 22
Notice to spouse of deceased Matrimonial Property Act
4.5 NC 23
Notice to spouse/adult interdependent partner of deceased
Family Maintenance and Support
4.6 NC 24
Notice to a dependent child or minor grandchild or great-grandchild of
the deceased
Family Maintenance and Support
4.7 NC 24.1 Notice to Public Trustee
(Include the following if applicable. Delete if not applicable.)
5.
The applicant(s) will not make a distribution to a trustee of any property that is
subject to a trust under the will until after an acknowledgment of trustee(s) in Form
NC 6.1 signed by the trustee(s) has been filed.
6.
The applicant(s) will faithfully administer the estate of the deceased according to law
and will give a true accounting of their administration to the persons entitled to it
when lawfully required.
7.
The following special or unusual circumstances exist in relation to this estate:
________________________________________________________.
64
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Schedule 3
SWORN OR AFFIRMED BY EACH DEPONENT BEFORE A COMMISSIONER FOR
OATHS AT
,
ALBERTA ON
Deponent
Commissioner’s Name:
Appointment Expiry Date:
NC 3
ESTATE NAME
DOCUMENT
Schedule 1: Deceased
Name
And any other name(s) by
which known
Last residence address in full
Date of birth
Place of birth
Date of death
Place of death
Habitual province/state of
residence
The deceased died
Testate:
Intestate:
After a thorough search of all likely
places, no testamentary paper of the
deceased has been found.
IMMEDIATE FAMILY
Indicate whether there are any persons in each of the following categories of relationship
to the deceased, and provide the indicated details.
SPOUSE
□ Yes □ No
If yes, provide the following information about the spouse:
Name:
Complete address:
65
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Schedule 3
ADULT INTERDEPENDENT PARTNER
□ Yes □ No
If yes, provide the following information about the adult interdependent partner:
Name:
Complete address:
□
the adult interdependent partner lived with the deceased in a relationship of
interdependence
□
□
□
□
□
for a continuous period of not less than 3 years commencing
and ending
.
of some permanence of which there is a child
born
date
adopted
date
the adult interdependent partner entered into an adult interdependent partner
agreement with the deceased which agreement is dated
.
The adult interdependent partner
□
□
is
is not
related to the deceased by blood or adoption.
FORMER SPOUSE(S)
□ Yes □ No
If yes, provide the following information about each former spouse:
Name:
Complete address:
Date of death (if applicable):
Date of divorce (if applicable):
CHILDREN
□ Yes □ No
If yes, provide the following information about each child:
Name:
Complete address:
Age:
Date of birth:
Date of death (if applicable):
66
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Schedule 3
Died leaving children:
At the time of the deceased’s death, this child was:
□
□
□
under 18 years of age;
an adult who is unable to earn a livelihood by reason of mental or
physical disability;
between the ages of 18 and 22 and unable to withdraw from his or her
parents’ charge because he or she is a full-time student. (Complete only if
date of death is after February 1, 2012.)
If there is a surviving spouse or adult interdependent partner, check one:
□
□
All of the deceased’s children are also children of the deceased’s
surviving spouse or adult interdependent partner.
OR
Some or all of the deceased’s children are not children of the deceased’s
surviving spouse or adult interdependent partner (provide names).
GRANDCHILDREN OR GREAT-GRANDCHILDREN
(Complete the following section relating to grandchildren or great-grandchildren only if
date of death is after February 1, 2012.)
Grandchildren or great-grandchildren of the deceased
(a) who were under 18 years of age at the time of the deceased’s death,
(b) in respect of whom the deceased, during life, demonstrated a settled intention to treat
as his or her own child,
(c) whose primary home, since birth or for at least 2 years immediately before the
grandparent’s death, was with the grandparent, and
(d) whose primary financial support, since birth or for at least 2 years immediately before
the grandparent’s death, was provided by the grandparent.
□ Yes □ No
If yes, provide the following information about each grandchild or great-grandchild:
Name:
Complete address:
Age:
Date of birth:
67
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Schedule 3
NC 4
ESTATE NAME
DOCUMENT
Schedule 2: Will
Date of will:
Deceased’s age at date of will:
Name of first witness:
Name of second witness:
(Complete this section if the will was made before February 1, 2012:)
The deceased married or entered into an adult interdependent partner agreement after the
date the will was made and before February 1, 2012.
□ Yes
□ No
(Delete if resealing:) To the best of the personal representative’s(s) information and
belief, this is the deceased’s original last will.
(Delete if resealing:) The personal representative(s) has (have) examined the will and
observes that
.
NC 5
ESTATE NAME
DOCUMENT
Schedule 3: Personal
representative(s)
Name(s)
Complete address(es)
Status
Relationship to deceased
Age
over 18
Any persons with a prior or
equal right to apply
Provide names(s), address(es) and relationship to deceased
of all persons with a prior or equal right to apply for a
grant. Write “n/a” if not applicable.
68
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Schedule 3
Renunciations attached
Provide name(s) of renunciators; renunciations are needed
from all persons with a prior or equal right to apply for a
grant who are not applicant(s). Write “n/a” if not
applicable
NC 6
ESTATE NAME
DOCUMENT
Schedule 4: Beneficiaries
(For each beneficiary, provide the following information.)
Name:
Relationship:
Complete address:
Age:
Nature of gift:
Paragraph number of will:
Section number (intestacy):
(indicate whether under the
Wills and Succession Act or
Intestate Succession Act)
Except as otherwise provided, all beneficiaries are mentally capable.
VOID GIFTS
□ No void gifts.
(Complete this section if the will of the deceased was made prior to February 1, 2012:)
The gift to
(beneficiary)
is void because he or she: (check one)
□ is a witness to the will.
□ at the time the will was made was the spouse or adult interdependent partner of a
witness to the will.
(Complete this section if the will of the deceased was made after February 1, 2012:)
The gift to
(beneficiary)
is void because he or she: (check one)
□ is a witness to the will.
□ at the time the will was made was the spouse or adult interdependent partner of a
witness to the will.
69
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Schedule 3
□ signed the will on behalf of the deceased.
□ at the time the will was made was the spouse or adult interdependent partner of the
person who signed the will on behalf of the deceased.
□ was an interpreter who provided translation services in respect of the making of the
will.
□ at the time the will was made was the spouse or adult interdependent partner of the
interpreter who provided translation services in respect of the making of the will.
REVOKED GIFTS
□ No revoked gifts.
□ The gift to __________________ is revoked because the deceased and
__________________ were divorced on a date that occurred
(a) after the will was made, and
□
(b) on or after February 1, 2012.
The gift to __________________ is revoked because the deceased and
__________________ ceased to be adult interdependent partners on a date that occurred
(a) after the will was made, and
(b) on or after February 1, 2012.
NC 6.1
ESTATE NAME
DOCUMENT
Acknowledgment of Trustee(s)
Name(s)
Complete address(es)
Status
(Choose one of the following:)
Named in the will
Named by personal representative
,
who is authorized by the will to appoint
trustee(s)
Named by _____________________, who is authorized in
the will to appoint trustee(s)
Relationship to deceased
Age
over 18
70
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Schedule 3
Any persons with a prior or
equal right to trusteeship
Provide name(s), address(es) and relationship
to deceased of all persons with a prior or
equal right to trusteeship according
to the will. Write “n/a” if not applicable.
Renunciations attached
Provide name(s) of renunciators;
renunciations are needed from all trustees
named in the will who have renounced
their right to trusteeship.
1.
The deceased,
, signed a will dated
the following trusts:
Name of Beneficiary
Age
Address
in which I am appointed trustee of
Para.
No. Will
— OR —
1.
The deceased,
, signed a will dated
in which the deceased authorized
to appoint a trustee. I have been appointed by
to be the trustee of the
following trusts:
Name of Beneficiary
Age
Address
Para.
No. Will
2. I acknowledge that as trustee:
(a) I must use the funds in the trust only in accordance with the terms of the trust.
(b) I cannot borrow or take a benefit from the trust property unless the will
expressly allows me to do so.
(c) I must keep adequate records of my administration of the trust property.
(d) I must keep the trust property separate from any other property.
3. I will faithfully administer the trust according to law and will give a true accounting
of my administration of the trust to the persons entitled to it when lawfully
required.
71
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Schedule 3
SIGNED ON
Signature
Witness
This document requires an affidavit of execution. Use Form NC 11.
NC 7
ESTATE NAME
DOCUMENT
Schedule 5: Inventory of
property and debts
VALUE OF ESTATE IN ALBERTA
Land and buildings (net of encumbrances)
$
Other property (gross)
$
Gross value of estate
$
Debts (excluding encumbrances of land)
$
Net value of estate
$
PROPERTY
LAND AND BUILDINGS IN ALBERTA
Location of Property:
town or city).
(provide municipal address or, if none, closest village,
Legal description of Property:
Description:
Gross value: $
Encumbrances:
Net value:
$
OTHER PROPERTY
Description:
Gross value:
$
TOTAL VALUE OF PROPERTY
$
DEBTS
Description:
72
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Schedule 3
Value:
$
TOTAL VALUE OF DEBTS
$
NET VALUE OF ESTATE
$
NC 8
TESTATOR NAME
DOCUMENT
Affidavit of witness to a will
DEPONENT’S NAME
EXHIBIT ATTACHED
A: Original will dated
THE DEPONENT SWEARS UNDER OATH OR AFFIRMS THAT THE
INFORMATION IN THIS AFFIDAVIT IS WITHIN THE DEPONENT’S
KNOWLEDGE AND IS TRUE. WHERE THE INFORMATION IS BASED ON
ADVICE OR INFORMATION AND BELIEF, THIS IS STATED.
1.
I am one of the witnesses to the last will of the testator,
.
2.
The will is dated __________ and is marked as Exhibit A to this affidavit.
3.
When the testator signed the will, I believe the testator understood that the document
being signed was the testator’s will. [Strike out if deponent did not know or was not
told it was the testator’s will.]
4.
When the testator signed the will, I believe the testator was competent to sign the
will. [Strike out if deponent did not know or was not told it was the testator’s will.]
5.
The testator, the other witness to the will and I were all present together when the
testator and the witnesses signed the will.
6.
Before the testator signed the will, the testator made the following changes to it:
6.1
.
SWORN OR AFFIRMED BEFORE A COMMISSIONER FOR OATHS
AT
,
ALBERTA ON
Deponent
Commissioner’s Name:
Appointment Expiry Date:
73
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Schedule 3
NC 9
ESTATE NAME
DOCUMENT
Affidavit of handwriting of
deceased
DEPONENT’S NAME
EXHIBIT ATTACHED
A: Will dated
THE DEPONENT SWEARS UNDER OATH OR AFFIRMS THAT THE
INFORMATION IN THIS AFFIDAVIT IS WITHIN THE DEPONENT’S
KNOWLEDGE AND IS TRUE. WHERE THE INFORMATION IS BASED ON
ADVICE OR INFORMATION AND BELIEF, THIS IS STATED.
1.
I knew the deceased, __________, well and for __________ years before the
deceased died. I frequently saw the deceased write and sign documents and I am very
familiar with the deceased’s handwriting and signature.
2.
I have carefully examined the document dated __________ which purports to be the
deceased’s last will and which is marked as Exhibit A to this affidavit.
3.
I believe the whole of the will including the signature is in the deceased’s
handwriting.
or
3.
I believe that the signature appearing on page __________ of the Will is that of the
deceased.
SWORN OR AFFIRMED BEFORE A COMMISSIONER FOR OATHS AT
ALBERTA ON
Deponent
,
Commissioner’s Name
Appointment Expiry Date:
NC 10
ESTATE NAME
DOCUMENT
Affidavit verifying translation
of non-English will
DEPONENT’S NAME
EXHIBITS ATTACHED
A: Non-English will dated
B: Translation
74
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Schedule 3
THE DEPONENT SWEARS UNDER OATH OR AFFIRMS THAT THE
INFORMATION IN THIS AFFIDAVIT IS WITHIN THE DEPONENT’S
KNOWLEDGE AND IS TRUE. WHERE THE INFORMATION IS BASED ON
ADVICE OR INFORMATION AND BELIEF, THIS IS STATED.
1.
I can read, write, and speak English and __________ fluently and I am competent to
translate documents from either language to the other.
2.
I have carefully examined the document dated __________ which purports to be the
deceased’s last will and which is marked Exhibit A to this affidavit. It is written in
the __________ language.
3.
Exhibit B to this affidavit is my translation of the will into English and it is accurate.
SWORN OR AFFIRMED BEFORE A COMMISSIONER FOR OATHS AT
,
ALBERTA ON
Deponent
Commissioner’s Name:
Appointment Expiry Date:
NC 11
ESTATE NAME
DOCUMENT
AFFIDAVIT OF WITNESS
TO SIGNATURE ON
DEPONENT’S NAME
THE DEPONENT SWEARS UNDER OATH OR AFFIRMS THAT THE
INFORMATION IN THIS AFFIDAVIT IS WITHIN THE DEPONENT’S
KNOWLEDGE AND IS TRUE. WHERE THE INFORMATION IS BASED ON
ADVICE OR INFORMATION AND BELIEF, THIS IS STATED.
1.
I am the witness to the signature(s) of __________ in this
2.
I was present and saw
, Alberta.
3.
I know __________ to be the person named in this
.
sign (and seal) this document at
.
or
75
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Schedule 3
3.
On the basis of identification, I believe __________ to be the person named in this
.
4.
I believe that __________ is at least 18 years of age.
SWORN OR AFFIRMED BEFORE A COMMISSIONER FOR OATHS AT
,
ALBERTA ON
Deponent
Commissioner’s Name:
Appointment Expiry Date:
NC 12
ESTATE NAME
DOCUMENT
Renunciation of probate
NAME
COMPLETE ADDRESS
1.
The deceased, __________, signed a will in which I am appointed personal
representative.
2.
I renounce all my right and title to a grant of probate of the deceased’s will.
3.
I have not intermeddled in the deceased’s estate.
SIGNED ON
Signature
Witness
This document requires an affidavit of execution. Use Form NC 11.
NC 13
ESTATE NAME
DOCUMENT
Reservation of right to apply
for grant of probate
NAME
COMPLETE ADDRESS
76
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Schedule 3
1.
The deceased, __________, signed a will in which I am appointed one of the
personal representatives.
2.
I wish the administration of the deceased’s estate to proceed expeditiously but I am
unable at this time to administer the deceased’s estate because __________.
3.
I expect to be able to undertake the duties of personal representative in the future and
therefore I reserve my right to apply for a grant of double probate.
4.
I consent to the issuance of a grant of probate to __________ subject to my
reservation.
SIGNED ON
Signature
Witness
This document requires an affidavit of execution. Use Form NC 11.
NC 14
ESTATE NAME
DOCUMENT
Renunciation of administration
with will annexed
NAME
COMPLETE ADDRESS
1.
The deceased, __________, signed a will in which __________ is appointed personal
representative.
2.
__________ has renounced all right and title to the grant of probate of the deceased’s
will.
3.
I am entitled to apply for a grant of administration with will annexed under the
Surrogate Rules because I am the deceased’s __________.
4.
I renounce all my right and title to administration with will annexed of the deceased’s
property.
SIGNED ON
Signature
Witness
This document requires an affidavit of execution. Use Form NC 11.
77
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Schedule 3
NC 15
ESTATE NAME
DOCUMENT
Renunciation of administration
NAME
COMPLETE ADDRESS
1.
The deceased, __________, died intestate.
2.
I am entitled to apply for a grant of administration under the Surrogate Rules because
I am the deceased’s __________.
3.
I renounce all my right and title to a grant of administration of the deceased’s
property.
SIGNED ON
Signature
Witness
This document requires an affidavit of execution. Use Form NC 11.
NC 16
ESTATE NAME
DOCUMENT
Nomination and consent to
appointment of personal
representative
NAME
COMPLETE ADDRESS
1.
The deceased, __________, signed a will in which __________ is appointed personal
representative.
2.
__________ has renounced all right and title to a grant of probate of the deceased’s
will.
3.
I am entitled to apply for a grant of administration with will annexed because
(state relationship to deceased or circumstances creating entitlement to apply for a grant
under section 13 of the Estate Administration Act)
.
4.
I nominate __________ to apply for a grant of administration with will annexed and I
consent to that appointment.
or
78
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Schedule 3
1.
The deceased, __________, signed a will but did not appoint a personal
representative.
2.
I am entitled to apply for a grant of administration with will annexed because
(state relationship to deceased or circumstances creating entitlement to apply for a grant
under section 13 of the Estate Administration Act)
.
3.
I nominate __________ to apply for a grant of administration with will annexed and I
consent to that appointment.
or
1.
The deceased, __________, signed a will that expressly authorizes me to appoint a
personal representative.
2.
I nominate __________ to apply for a grant of probate or administration with will
annexed and I consent to that appointment.
or
1.
The deceased, __________, died intestate.
2.
I am entitled to apply for a grant of administration because
(state relationship to
deceased or circumstances creating entitlement to apply for a grant under section 13 of the
Estate Administration Act) .
or
3.
I nominate __________ to apply for a grant of administration and I consent to that
appointment.
SIGNED ON
Signature
Witness
This document requires an affidavit of execution. Use Form NC 11.
NC 17
ESTATE NAME
DOCUMENT
Affidavit to dispense with a bond,
approve other security or reduce
amount of security
DEPONENT(S) NAME(S)
79
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Schedule 3
THE DEPONENT(S) EACH SWEAR UNDER OATH OR AFFIRM THAT THE
INFORMATION IN THIS AFFIDAVIT IS WITHIN THE DEPONENTS’
KNOWLEDGE AND IS TRUE. WHERE THE INFORMATION IS BASED ON
ADVICE OR INFORMATION AND BELIEF, THIS IS STATED.
Applicant(s)
1.
The applicant(s) are entitled to apply for a grant because the applicant(s) are
__________.
2.
The applicant(s) are fully familiar with the deceased’s affairs because they are related
to the deceased as __________.
Debts
3.
The applicant(s) have made a complete investigation of the deceased’s affairs. To the
best of our knowledge, Schedule 5 shows all the debts for which the deceased may be
liable in the Province of Alberta and in any other jurisdiction.
4.
The property of the estate is sufficient to pay all the debts shown in Schedule 5 and
all the debts have been or will be paid before the distribution of the estate.
Special matters
5. __________
6.
□
□
□
And therefore the applicant(s) request that this Court issue a grant of (state type of
grant applied for)_______________.
without bond or other security.
with a bond in the reduced amount of ____________.
with the following security in the amount of ____________
instead of a bond: (describe other security proposed)__________.
SWORN OR AFFIRMED BEFORE A COMMISSIONER FOR OATHS AT
,
ALBERTA ON
Deponent
Commissioner’s Name:
Appointment Expiry Date:
80
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Schedule 3
NC 18
ESTATE NAME
DOCUMENT
Consent to waive bond or other security
NAME
COMPLETE ADDRESS
1.
The deceased, __________, died testate.
2.
__________, who resides outside Alberta, is appointed personal representative in the
deceased’s will and is applying for a grant of probate.
or
1.
The deceased, __________, died intestate.
2.
__________, who resides outside Alberta, is applying for a grant of administration.
3.
I have an interest in the administration of the deceased’s estate because I am
__________.
4.
I understand that a bond or other security is required because the applicant(s) reside
outside Alberta. Nevertheless, I consent to an order of the court dispensing with any
bond or other security so required.
SIGNED ON
Signature
Witness
This document requires an affidavit of execution. Use Form NC 11.
NC 19
ESTATE NAME
DOCUMENT
Notice to beneficiaries
(residuary)
To: Name:
Complete address:
You are named as a residuary beneficiary in the last will of
The will gives you
.
.
81
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Schedule 3
The personal representative(s) named in the will have applied for a grant of probate or the
person(s) entitled have applied for a grant of administration with will annexed.
Enclosed with this notice is a copy of the application for a grant of probate or grant of
administration with will annexed. This includes a copy of the will and a list of the
deceased’s property and debts.
Once the court issues the grant, the personal representative(s) will collect in the property,
pay the debts, and complete the administration of the estate and anything else required of
the personal representative(s). Then they will be in a position to account to you before
distributing any estate left after payment of all debts and expenses.
By issuing the grant, the court is not approving the figures submitted in the application for
a grant of probate. It is the responsibility of the beneficiary(ies) to supervise the actions of
the personal representative(s).
Alberta’s Estate Administration Act and other laws place duties on the personal
representative, which include communicating regularly with beneficiaries and maintaining
proper financial records. If you believe the personal representative is not complying with
their duties, try to resolve the matter through discussion with the personal representative.
If you are unable to resolve the matter you or your lawyer may apply to the court, which
may provide a remedy if it is satisfied that the personal representative is not complying
with their duties.
You can contact ________ at ________, phone __________, for any further information
you may need.
Personal Representative
Date
Name:
Complete address:
NC 20
ESTATE NAME
DOCUMENT
Notice to beneficiaries
(non residuary)
To: Name:
Complete address:
You are named as a beneficiary in the last will of
The will gives you
.
.
82
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Schedule 3
The personal representative(s) named in the will have applied for a grant of probate or the
person(s) entitled have applied for a grant of administration with will annexed.
Once the court issues the grant, the personal representative(s) will collect in the property,
pay the debts, and complete the administration of the estate and anything else required of
the personal representative(s). Then they will be in a position to distribute your gift to you
as long as it is not needed to pay for debts and expenses of the estate.
Alberta’s Estate Administration Act and other laws place duties on the personal
representative, which include communicating regularly with beneficiaries and maintaining
proper financial records. If you believe the personal representative is not complying with
their duties, try to resolve the matter through discussion with the personal representative.
If you are unable to resolve the matter you or your lawyer may apply to the Court, which
may provide a remedy if it is satisfied that the personal representative is not complying
with their duties.
You can contact __________ at __________, phone __________, for any further
information you may need.
Personal Representative
Date
Name:
Complete address:
NC 20.1
ESTATE NAME
DOCUMENT
To:
Notice of void gift
(name)
Complete address:
You are named as a beneficiary in the last will of _______________. The personal
representative(s) named in the will have applied for a grant of probate or administration
with will annexed, as applicable.
Choose one:
□
□
Void residuary gift
Enclosed with this notice is a copy of the application for grant of probate or
administration with will annexed, as applicable. This includes a copy of the will and
a list of the estate property and debts. The will states that you are to receive part of
the residue of the estate.
Void specific gift
The will states that you are to receive (specify gift) .
83
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Schedule 3
The gift made to you is void because: (check one)
□ you are a witness to the will.
□ at the time the will was made you were the spouse or adult interdependent partner of
a witness to the will.
□ the will was made after February 1, 2012 and you signed the will on behalf of the
deceased.
□ the will was made after February 1, 2012 and at the time the will was made you were
the spouse or adult interdependent partner of the person who signed the will on behalf of
the deceased.
□
□
the will was made after February 1, 2012 and you were an interpreter who provided
translation services in respect of the making of the will.
the will was made after February 1, 2012 and at the time the will was made you were
the spouse or adult interdependent partner of the interpreter who provided translation
services in respect of the making of the will.
When the court issues the grant, the personal representative(s) will collect the estate
property, pay the debts, complete the administration of the estate and anything else
required of the personal representative(s). Then they will be in a position to distribute the
estate.
You may make an application to the court to validate the gift made to you.
There are some time requirements that must be met. You must begin any application
within 6 months after the date the court issues the grant of probate or administration with
will annexed, as applicable.
If you want to take this further, you must consult your own lawyer immediately.
Date:
Personal representative
Name:
Complete address:
Date:
Lawyer for personal representative
Responsible lawyer:
Firm name:
Complete address:
Phone no.:
Fax no.:
File no.:
NC 21
ESTATE NAME
DOCUMENT
Notice to Beneficiaries
(intestacy)
84
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Schedule 3
To: Name:
Complete address:
died without leaving a will. In this circumstance, the provisions of Part
3 of the Wills and Succession Act of Alberta determine which relatives of the deceased
inherit the estate.
You are one of these relatives, or beneficiary (intestacy), and you will receive
.
has applied for a grant of administration.
Enclosed with this notice is a copy of the application for a grant of administration. This
includes a list of the property and debts.
Once the court issues the grant, the personal representative(s) will collect in the property,
pay the debts, and complete the administration of the estate and anything else required of
the personal representative(s). Then they will be in a position to account to you before
distributing any estate left after payment of all debts and expenses.
By issuing the grant, the court is not approving the figures submitted in the application for
a grant of administration. It is the responsibility of the beneficiary(ies) to supervise the
actions of the personal representative(s).
Alberta’s Estate Administration Act and other laws place duties on the personal
representative, which include communicating regularly with beneficiaries and maintaining
proper financial records. If you believe the personal representative is not complying with
their duties, try to resolve the matter through discussion with the personal representative.
If you are unable to resolve the matter you or your lawyer may apply to the Court, which
may provide a remedy if it is satisfied that the personal representative is not complying
with their duties.
You can contact
need.
at
, phone
, for any further information you may
Personal Representative
Date
Name:
Complete address:
NC 22
ESTATE NAME
DOCUMENT
Notice to spouse of deceased
Matrimonial Property Act
85
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Schedule 3
To: Name:
Complete address:
Enclosed with this notice is a copy of the application for a grant of _____. The
Matrimonial Property Act gives rights to a spouse or former spouse in certain
circumstances and the law requires that the notice be given to you because you are the
spouse or a former spouse and have not been given all of the property in the estate.
You may have a claim under the Matrimonial Property Act on the property in the estate.
This must be dealt with before the estate can be finally distributed.
There are some time requirements that must be met. You must begin any application
within 6 months after the date the court issues the grant of probate or administration.
There are other time limits in the Act which may mean that in your case you have less
than six months in which to act, after that, the personal representative may distribute the
property.
If you want to take this further, you must consult your own lawyer immediately.
Personal Representative
Date
Name:
Complete address:
I ACKNOWLEDGE RECEIPT OF THIS NOTICE AND OF A COPY OF THE
APPLICATION FOR A GRANT OF
IN THE ESTATE OF
Spouse
Date
NC 23
ESTATE NAME
DOCUMENT
Notice to spouse/adult
interdependent partner of
deceased
Family Maintenance and Support
To: Name:
Complete address:
86
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Schedule 3
Enclosed with this notice is a copy of the application for a grant of ______. The law
requires that this notice must be given to you because you are the spouse/adult
interdependent partner of __________ but you have not been given all the property in the
estate.
Part 5, Division 2 of the Wills and Succession Act allows the spouse/adult interdependent
partner to apply to the court to receive maintenance and support from the estate. The court
can change the distribution of the estate and give you more or all of the estate if the court
decides the circumstances warrant it.
There are some time requirements which must be met before the court can hear any
application. You should begin your application within 6 months after the date the court
issues the grant of probate or administration. After that, the personal representative may
distribute the estate property and you can only apply if the court lets you. You can then
only ask for some or all of the property in the estate that is still undistributed at that time.
If you want to take this further, you must consult your own lawyer immediately.
Personal Representative
Date
Name:
Complete address:
I ACKNOWLEDGE RECEIPT OF THIS NOTICE AND OF A COPY OF THE
APPLICATION FOR A GRANT OF __________ IN THE ESTATE OF
Spouse/Adult Interdependent Partner
.
Date
NC 24
ESTATE NAME
DOCUMENT
Notice to dependent child or
minor grandchild or
great-grandchild of the deceased
Family Maintenance and Support
To:
Name of Child/Trustee/Attorney/Parent/Guardian (as applicable under section
11(1) of the Estate Administration Act): ______________________________
Complete address:
On behalf of the dependent (child, grandchild or great-grandchild):
87
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Schedule 3
Enclosed with this notice is a copy of the application for a grant of ______. The law
requires that this notice must be given to you because you may be entitled to make a claim
for maintenance and support from the estate of the deceased,
,
but you have not been given all the property in the estate.
Part 5, Division 2 of the Wills and Succession Act allows the following persons to apply to
the court to receive more or all of the estate:
□
□ a child of the deceased who is at least 18 years of age at the time of the deceased’s
death and unable to earn a livelihood by reason of mental or physical disability;
□ a child of the deceased who, at the time of the deceased’s death, is at least 18 but
a child of the deceased who is under the age of 18 years at the time of the deceased’s
death;
under 22 years of age and unable to withdraw from his or her parents’ charge because he
or she is attending school full-time;
□
a grandchild or great-grandchild of the deceased
(a) who was under 18 years of age at the time of the deceased’s death,
(b) in respect of whom the deceased, during life, demonstrated a settled intention to
treat as his or her own child,
(c) whose primary home, since birth or for at least 2 years immediately before the
grandparent’s death, was with the grandparent, and
(d) whose primary financial support, since birth or for at least 2 years immediately
before the grandparent’s death, was provided by the grandparent.
The court can change the distribution of the estate and give you more or all of the estate if
the court decides you are a qualified applicant and the circumstances warrant it.
There are some time requirements that must be met before the court can hear any
application. You should begin your application within 6 months after the date the court
issues the grant of probate or administration. After that, the personal representative may
distribute the estate property and you can only apply if the court lets you. You can then
only ask for some or all of the property in the estate that is still undistributed at that time.
If you want to take this further, you must consult your own lawyer immediately.
Personal Representative
Name:
Complete address:
Date
I ACKNOWLEDGE RECEIPT OF THIS NOTICE AND OF A COPY OF THE
APPLICATION FOR A GRANT OF __________ IN THE ESTATE OF
Trustee
.
Date
88
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Schedule 3
NC 24.1
ESTATE NAME
(deceased’s name)
DOCUMENT
Notice to the Public Trustee
This gives you notice that the personal representative shown in the attached copy of an
Application for a grant of
has applied for this grant.
Notice is given to you
1
under section 11 of the Estate Administration Act (family members) because
□
□
□
the Public Trustee is trustee for the estate of the following person, who is a
represented adult described in section 11(1)(f) of the Estate Administration Act:
Name:
Address:
the deceased is survived by a child who was a minor on the date of the
deceased’s death:
Name:
Date of Birth:
Address:
the deceased is survived by a grandchild or great-grandchild described in section
11(1)(g)(ii) of the Estate Administration Act:
Name:
Date of Birth:
Address:
2
under section 12 of the Estate Administration Act (persons interested in the estate)
because
□
□
□
the following represented adult, for whose estate the Public Trustee is trustee, is
interested in the deceased’s estate:
Name:
Address:
the following person is interested in the deceased’s estate and was a minor on
the date of the deceased’s death:
Name:
Date of Birth:
Address:
the following person is interested in the deceased’s estate and has been declared
to be a missing person by an order of the Court under the Public Trustee Act:
89
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Schedule 3
Name:
Date of Birth:
Personal Representative
Name:
Date
Office of the Public Trustee
To the Court of Queen’s Bench of Alberta and the personal representative
The Public Trustee
□
□
does not intend to be represented on this application
intends to be represented on this application
The Public Trustee confirms the following:
□
Any property to which a minor child is entitled from the estate must be
delivered to the Public Trustee.
□
Clause
of the will appoints
as trustee of money or
property to which the minor(s)
is (are) entitled under the will.
The will does not appoint the Public Trustee to monitor on behalf of the
minor(s). Accordingly, the Public Trustee will not monitor the trustee on behalf
of the minor(s) unless the Court directs the Public Trustee to monitor pursuant
to section 22 of the Public Trustee Act.
□
Clause
of the will appoints
as trustee of money or
property to which the minor(s)
is (are) entitled under the will and
clause
appoints the Public Trustee to monitor on behalf of the
minor(s). Accordingly, the Public Trustee will monitor the trustee on behalf of
the minor(s).
□
The Public Trustee reserves the right to apply under the provisions of Part 5,
Division 2 of the Wills and Succession Act on behalf of
Public Trustee of Alberta
.
Date
The Court of Queen’s Bench requires submissions to be made as to whether the Public
Trustee should monitor the trust for the benefit of minor beneficiaries. Either the
applicant or the Public Trustee, on notice to the other, must arrange for the Court to hear
the submissions.
90
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Schedule 3
Justice of the Court of Queen’s Bench
Date
NC 24.2 Repealed AR 209/2007 s3.
NC 25
COURT FILE NUMBER
ESTATE NAME
DOCUMENT
Affidavit regarding missing or
unknown beneficiaries
DEPONENT(S) NAME(S)
THE DEPONENT(S) EACH SWEAR UNDER OATH OR AFFIRM THAT THE
INFORMATION IN THIS AFFIDAVIT IS WITHIN THE DEPONENTS’
KNOWLEDGE AND IS TRUE. WHERE THE INFORMATION IS BASED ON
ADVICE OR INFORMATION AND BELIEF, THIS IS STATED.
Applicant(s)
1.
The applicant(s) are entitled to apply for a grant because the applicant(s) are
__________.
2.
The applicant(s) have applied for a grant of __________.
3.
The applicant(s) cannot fully complete Schedule 4 nor provide a complete set of
notices to beneficiaries.
Unknown beneficiaries
4.
These beneficiaries are unknown to the applicant(s):
4.1
Missing beneficiaries
5.
These beneficiaries cannot yet be located:
5.1
Enquiries
6.
The applicant(s) have made these enquiries to ascertain and find the beneficiaries:
6.1
91
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Schedule 3
Undertakings
7.
The applicant(s) undertake:
7.1 to advise the court as soon as they have ascertained or found the beneficiaries,
and
7.2 to provide the clerk with the notices to beneficiaries at that time.
8.
The applicant(s) believe that it is in the best interest of the estate to begin its
administration immediately.
9.
Repealed AR 110/2006 s3.
Prayer
10. That this Court grant the application for a grant of
without Schedule 4 being
fully completed and without sending all the notices to beneficiaries.
SWORN OR AFFIRMED BY EACH DEPONENT BEFORE A COMMISSIONER FOR
OATHS AT
ALBERTA ON
Deponent
Commissioner’s Name:
Appointment Expiry Date:
NC 26
COURT FILE NUMBER
COURT
Court of Queen’s Bench of
Alberta (Surrogate Matter)
JUDICIAL CENTRE
ESTATE NAME
PROCEDURE
Application for a grant of
REPORT OF CLERK TO JUSTICE
1.
I have examined the Application and supporting material on this file and report that,
to the best of my knowledge, it appears to comply with the Rules and Practices
except for the following, which I respectfully draw to your attention:
92
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Schedule 3
Surrogate Clerk
Date
JUSTICE’S DIRECTION
2.
Justice’s Comments: (If Fiat not signed)
□
□
Return for corrections as noted above
OR
The application for a grant is returned because:
The applicant(s) can re-apply on an informal basis once they have satisfied the Court
about these matters.
Justice of the Court of Queen’s Bench
of Alberta
Date
NC 27
COURT FILE NUMBER
ESTATE NAME
DOCUMENT
Affidavit of service
DEPONENT’S NAME
THE DEPONENT SWEARS UNDER OATH OR AFFIRMS THAT THE
INFORMATION IN THIS AFFIDAVIT IS WITHIN THE DEPONENT’S
KNOWLEDGE AND IS TRUE. WHERE THE INFORMATION IS BASED ON
ADVICE OR INFORMATION AND BELIEF, THIS IS STATED.
1. On __________, I served true copies of the originals of the following documents:
Attached as
Exhibit
Document
A
on the following:
93
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Schedule 3
Person(s) name(s) and address(es) where served and manner of service
SWORN OR AFFIRMED BY EACH DEPONENT BEFORE A COMMISSIONER FOR
OATHS AT
,
ALBERTA ON
Deponent
Commissioner’s Name
Appointment Expiry Date:
Name:
Complete address:
Occupation:
NC 28
COURT FILE NUMBER
COURT
Court of Queen’s Bench of
Alberta (Surrogate Matter)
JUDICIAL CENTRE
ESTATE NAME
PROCEDURE
Application by the attorney for
the personal representative(s) for
a grant of
BOND
NOTICES REQUIRED
COPY OF THE
APPLICATION FILED WITH
THE PUBLIC TRUSTEE’S
OFFICE
NAME OF ATTORNEY FOR
THE PERSONAL
REPRESENTATIVE(S)
COMPLETE ADDRESS FOR
SERVICE ON THE
ATTORNEY FOR THE
PERSONAL
REPRESENTATIVE(S)
Attorney
Date
94
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Schedule 3
Name:
Complete address:
Lawyers for Attorney
Responsible lawyer:
Firm name:
Complete address:
Phone:
Fax:
File no.:
ORDER: ISSUE THE GRANT AS APPLIED FOR
JUSTICE OF THE COURT OF QUEEN’S
BENCH OF ALBERTA
DATE
NC 29
COURT FILE NUMBER
COURT
Court of Queen’s Bench
of Alberta (Surrogate Matter)
JUDICIAL CENTRE
ESTATE NAME
DOCUMENT
Affidavit by the attorney for
the personal representative(s)
on application for a grant of
DEPONENT’S NAME
THE DEPONENT SWEARS UNDER OATH OR AFFIRMS THAT THE
INFORMATION IN THIS AFFIDAVIT AND IN THE ATTACHED SCHEDULES IS
WITHIN THE DEPONENT’S KNOWLEDGE AND IS TRUE. WHERE THE
INFORMATION IS BASED ON ADVICE OR INFORMATION AND BELIEF, THIS IS
STATED.
Applicant
1.
The applicant is the attorney for __________, who are entitled to apply for a grant
because they are __________.
2.
The personal representative(s) appointed the applicant as their attorney for the
purpose of this application on __________.
95
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Schedule 3
Schedules Attached
3.
The following schedules are part of this affidavit. They are correct to the deponents’
information and belief.
3.1
NC 3
Schedule 1
Deceased
3.2
NC 4
Schedule 2
Will
3.3
NC 5
Schedule 3
Personal representative(s)
3.4
NC 6
Schedule 4
Beneficiaries
3.5
NC 7
Schedule 5
Inventory
Documents Attached
4.
The following documents are part of this affidavit.
4.1
Power of attorney from __________
4.2
Original will of the deceased
4.3
NC 8
Affidavit of witness to a will
I have personally prepared or carefully read the schedules and documents that are
part of this affidavit and to the best of my knowledge the information in them is
accurate and complete.
Notices
5.
The applicant(s) have served the following notices as required and in the manner
prescribed by the Surrogate Rules.
5.1
NC 19
Notice(s) to beneficiaries (residuary)
5.2
NC 20
Notice(s) to beneficiaries (non residuary)
5.3
NC 21
Notice(s) to beneficiaries (intestacy)
5.4
NC 22
Notice to spouse of deceased Matrimonial
Property Act
5.5
NC 23
Notice to spouse/adult interdependent partner of
deceased Family Maintenance and Support
5.6
NC 24
Notice to a dependent child or minor grandchild or
great-grandchild of the deceased
Family Maintenance and Support
(Include the following if applicable. Delete if not applicable.)
96
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Schedule 3
6.
The attorney for the personal representative(s) will not make a distribution to a
trustee of any property that is subject to a trust under the will until after an
acknowledgment of trustee(s) in Form NC 6.1 signed by the trustee(s) has been filed.
7.
The attorney for the personal representative(s) will faithfully administer the estate of
the deceased according to law and will give a true accounting of the attorney’s
administration to the persons entitled to it when lawfully required.
SWORN OR AFFIRMED BY EACH DEPONENT BEFORE A COMMISSIONER FOR
OATHS AT
,
ALBERTA ON
Deponent
Commissioner’s Name:
Appointment Expiry Date:
NC 30
COURT FILE NUMBER
COURT
Court of Queen’s Bench
of Alberta (Surrogate Matter)
JUDICIAL CENTRE
ESTATE NAME
PROCEDURE
Application by a personal
representative for a grant of
double probate
DATE OF FIRST GRANT
BOND
NOTICES REQUIRED
COPY OF THE
APPLICATION FILED WITH
THE PUBLIC TRUSTEE’S
OFFICE
NAME(S) OF PERSONAL
REPRESENTATIVE(S) IN
THIS APPLICATION
NAME(S) OF PERSONAL
REPRESENTATIVE(S) IN
THE PREVIOUS
97
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Schedule 3
APPLICATION
COMPLETE ADDRESS FOR
SERVICE ON THE
PERSONAL
REPRESENTATIVE(S)
Personal Representative
Date
Name:
Complete address:
Lawyers for Personal Representative
Responsible lawyer:
Firm name:
Complete address:
Phone:
Fax:
File no.:
ORDER: ISSUE THE GRANT AS APPLIED FOR
JUSTICE OF THE COURT OF QUEEN’S
BENCH OF ALBERTA
DATE
NC 31
COURT FILE NUMBER
COURT
Court of Queen’s Bench of
Alberta (Surrogate Matter)
JUDICIAL CENTRE
ESTATE NAME
DOCUMENT
Affidavit by a personal
representative on application
for a grant of double probate
DEPONENT(S) NAME(S)
98
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Schedule 3
THE DEPONENT(S) EACH SWEAR UNDER OATH OR AFFIRM THAT THE
INFORMATION IN THIS AFFIDAVIT AND IN THE ATTACHED SCHEDULES IS
WITHIN THE DEPONENTS’ KNOWLEDGE AND IS TRUE. WHERE THE
INFORMATION IS BASED ON ADVICE OR INFORMATION AND BELIEF, THIS IS
STATED.
Applicant(s)
1.
The applicant is one of the personal representative(s) named in the deceased’s last
will.
2.
The other personal representative(s) named in the will previously applied for and
were granted a grant of probate issued by this court on __________. Power was
reserved at that time to allow the other personal representative(s) named in the will to
make a subsequent application.
Schedules
3.
The following schedules were part of the affidavit of __________, which was
previously filed in that application for probate. They are correct to the deponents’
information and belief.
3.1
NC 3
Schedule 1
Deceased
3.2
NC 4
Schedule 2
Will
3.3
NC 5
Schedule 3
Personal representative(s)
3.4
NC 6
Schedule 4
Beneficiaries
3.5
NC 7
Schedule 5
Inventory
Documents
4.
The following documents were part of the affidavit of __________, which was
previously filed in that application for probate.
4.1
Original will of the deceased
4.2
NC 8
Affidavit of witness to a will
I have personally prepared or carefully read the schedules and documents that are
part of this affidavit and to the best of my knowledge the information in them is
accurate and complete.
Notices
5.
The following notices were served as required and in the manner prescribed by the
Surrogate Rules by __________ when the previous application was filed.
5.1
NC 19
Notice(s) to beneficiaries (residuary)
99
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Schedule 3
5.2
NC 20
Notice(s) to beneficiaries (non residuary)
5.3
NC 21
Notice(s) to beneficiaries (intestacy)
5.4
NC 22
Notice to spouse of deceased Matrimonial
Property Act
5.5
NC 23
Notice to spouse/adult interdependent partner of
deceased Family Maintenance and Support
5.6
NC 24
Notice to a dependent child or minor grandchild or
great-grandchild of the deceased
Family Maintenance and Support
(Include the following if applicable. Delete if not applicable.)
6.
The personal representative(s) will not make a distribution to a trustee of any
property that is subject to a trust under the will until after an acknowledgment of
trustee(s) in Form NC 6.1 signed by the trustee(s) has been filed.
7.
The personal representative(s) will faithfully administer the estate of the deceased
according to law and will give a true accounting of their administration to the persons
entitled to it when lawfully required.
8.
This application for double probate is now made because
9.
The grant issued to __________ is now surrendered to this court.
.
SWORN OR AFFIRMED BY EACH DEPONENT BEFORE A COMMISSIONER FOR
OATHS AT
,
ALBERTA ON
Deponent
Commissioner’s Name:
Appointment Expiry Date:
NC 32
COURT FILE NUMBER
COURT
Court of Queen’s Bench of
Alberta (Surrogate Matter)
JUDICIAL CENTRE
ESTATE NAME
PROCEDURE
Application by the personal
representative(s) for a grant of
100
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Schedule 3
ORIGINAL JURISDICTION
BOND
NOTICES REQUIRED
COPY OF THE
APPLICATION FILED WITH
THE PUBLIC TRUSTEE’S
OFFICE
PERSONAL
REPRESENTATIVE(S)
NAME(S)
COMPLETE ADDRESS FOR
SERVICE ON THE
PERSONAL
REPRESENTATIVE(S)
Personal Representative
Date
Name:
Complete address:
Lawyers for Personal Representative
Responsible lawyer:
Firm name:
Complete address:
Phone
Fax:
File no.
ORDER: ISSUE THE GRANT AS APPLIED FOR
JUSTICE OF THE COURT OF QUEEN’S
BENCH OF ALBERTA
DATE
NC 33
COURT FILE NUMBER
COURT
Court of Queen’s Bench of
Alberta (Surrogate Matter)
101
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Schedule 3
JUDICIAL CENTRE
ESTATE NAME
DOCUMENT
Affidavit by the personal
representative(s) on application
for a grant of
DEPONENT(S) NAME(S)
THE DEPONENT(S) EACH SWEAR UNDER OATH OR AFFIRM THAT THE
INFORMATION IN THIS AFFIDAVIT AND IN THE ATTACHED SCHEDULES IS
WITHIN THE DEPONENTS’ KNOWLEDGE AND IS TRUE. WHERE THE
INFORMATION IS BASED ON ADVICE OR INFORMATION AND BELIEF, THIS IS
STATED.
Applicant(s)
1.
The applicant(s) are entitled to apply for a grant because the applicant(s) are
__________.
Schedules Attached
2.
The following schedules are part of this affidavit. They are correct to the deponents’
information and belief.
2.1
NC 3
Schedule 1
Deceased
2.2
NC 4
Schedule 2
Will
2.3
NC 5
Schedule 3
Personal representative(s)
2.4
NC 6
Schedule 4
Beneficiaries
2.5
NC 7
Schedule 5
Inventory
Documents Attached
3.
The following documents are part of this affidavit.
3.1 Certified copy of probate / administration issued by the
(insert name and jurisdiction of court)
3.2 Certificate of the (insert name and jurisdiction of court)
that the grant is unrevoked and fully effective.
3.3 NC 17
Affidavit to dispense with bond
I have personally prepared or carefully read the schedules and documents that are
part of this affidavit and to the best of my knowledge the information in them is
accurate and complete.
102
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Schedule 3
Notices
4.
The applicant(s) have served the following notices as required and in the manner
prescribed by the Surrogate Rules.
4.1
NC 19
Notice(s) to beneficiaries (residuary)
4.2
NC 20
Notice(s) to beneficiaries (non residuary)
4.3
NC 21
Notice(s) to beneficiaries (intestacy)
4.4
NC 22
Notice to spouse of deceased Matrimonial
Property Act
4.5
NC 23
Notice to spouse/adult interdependent partner of
deceased Family Maintenance and Support
4.6
NC 24
Notice to a dependent child or minor grandchild or
great-grandchild of the deceased
Family Maintenance and Support
Original grant
5.
The (insert name and jurisdiction of court) issued a grant of
to the personal
representative(s) on
which grant is unrevoked and of full force and
effect.
(Include the following if applicable. Delete if the trustee(s) are not under the
jurisdiction of the court.)
6.
The personal representative(s) will not make a distribution to a trustee of any
property that is subject to a trust under the will until after an acknowledgment of
trustee(s) in Form NC 6.1 signed by the trustee(s) has been filed.
7.
The applicant(s) ask this court to
in Alberta.
8.
The personal representative(s) will faithfully administer the estate of the deceased
according to law and will give a true accounting of their administration to the persons
entitled to it when lawfully required.
with respect to the deceased’s property
SWORN OR AFFIRMED BY EACH DEPONENT BEFORE A COMMISSIONER FOR
OATHS / NOTARY PUBLIC AT
,
ON
Deponent
Commissioner’s Name
Notary Public Name
103
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Schedule 3
Appointment Expiry Date:
NC 34
Notice to Creditors and Claimants
Estate of __________ who died on __________
If you have a claim against this estate, you must file your claim by
at
and provide details of your claim.
with
If you do not file by the date above, the estate property can lawfully be distributed without
regard to any claim you may have.
NC 34.1
COURT FILE NUMBER
COURT
Court of Queen’s Bench of
Alberta (Surrogate Matter)
JUDICIAL CENTRE
ESTATE NAME
DOCUMENT
Statutory Declaration of
Publication
EXHIBIT ATTACHED
Advertisement
THE DECLARANT SOLEMNLY DECLARES THAT THE INFORMATION IN THIS
STATUTORY DECLARATION IS WITHIN THE DECLARANT’S KNOWLEDGE
AND IS TRUE. WHERE THE INFORMATION IS BASED ON ADVICE OR
INFORMATION AND BELIEF, THIS IS STATED.
1. The declarant’s name and complete address is
2.
.
The declarant states that, on examination of the (newspaper name), a newspaper
published in
, Alberta, true copies of the attached advertisement, marked
as Exhibit A, appeared in the following issues of the newspaper:
2.1
(date of issue)
2.2
(date of issue)
104
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Schedule 3
DECLARED BEFORE A COMMISSIONER FOR OATHS AT
ON
.
, ALBERTA,
Declarant
Commissioner’s Name
Appointment Expiry Date:
NC 35
ESTATE NAME
DATE OF DEATH
DOCUMENT
Statutory declaration by
creditors and claimants
THE DECLARANT SOLEMNLY DECLARES THAT THE INFORMATION IN THIS
STATUTORY DECLARATION IS WITHIN THE DECLARANT’S KNOWLEDGE
AND IS TRUE. WHERE THE INFORMATION IS BASED ON ADVICE OR
INFORMATION AND BELIEF, THIS IS STATED.
Declarant
1.
The declarant’s name and complete address is
.
2.
The declarant makes this claim as a
.
Amount of Claim
3.
The amount claimed against the estate is $
.
Details of Claim
4.
This claim is based on
.
Security for Debt (Creditors only)
5.
The declarant holds the following security for this debt
.
6.
The security is owned by
.
7.
The declarant values the security at $
.
8.
The deceased is
liable for this claim.
105
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Schedule 3
DECLARED BEFORE A COMMISSIONER FOR OATHS AT
,
ALBERTA, ON
.
Declarant
Commissioner’s Name
Appointment Expiry Date:
NC 36
COURT FILE NUMBER
COURT
Court of Queen’s Bench of
Alberta (Surrogate Matter)
JUDICIAL CENTRE
ESTATE NAME
GRANT
Probate
BY THE ORDER OF THE HONOURABLE JUSTICE
DATED
.
THIS COURT HAS GRANTED PROBATE OF THE ATTACHED WILL (AND
CODICIL(S)) AND ADMINISTRATION OF ALL THE DECEASED’S PROPERTY TO
THE PERSONAL REPRESENTATIVE(S).
Name of deceased
Of
Date of death
Name(s) of personal representative(s)
Of
CLERK OF THE COURT
This Form is for use by the court and clerk’s office only.
NC 37
COURT FILE NUMBER
COURT
Court of Queen’s Bench of
Alberta (Surrogate Matter)
JUDICIAL CENTRE
106
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Schedule 3
ESTATE NAME
GRANT
Administration with will
annexed
BY THE ORDER OF THE HONOURABLE JUSTICE
DATED
THIS COURT HAS PROVED AND REGISTERED THE ATTACHED WILL (AND
CODICIL(S)) OF THE DECEASED AND AUTHORISED ADMINISTRATION OF
THE DECEASED’S PROPERTY TO THE PERSONAL REPRESENTATIVE(S).
Name of deceased
Of
Date of death
Name(s) of personal representative(s)
Of
CLERK OF THE COURT
This Form is for use by the court and clerk’s office only.
NC 38
COURT FILE NUMBER
COURT
Court of Queen’s Bench of
Alberta (Surrogate Matter)
JUDICIAL CENTRE
ESTATE NAME
GRANT
Administration
BY THE ORDER OF THE HONOURABLE JUSTICE
DATED
THIS COURT HAS AUTHORISED ADMINISTRATION OF
THE DECEASED’S PROPERTY TO THE PERSONAL REPRESENTATIVE(S).
Name of deceased
Of
Date of death
107
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Schedule 3
Name(s) of personal representative(s)
Of
CLERK OF THE COURT
This Form is for use by the court and clerk’s office only.
NC 39
COURT FILE NUMBER
COURT
Court of Queen’s Bench of
Alberta (Surrogate Matter)
JUDICIAL CENTRE
ESTATE NAME
GRANT
Double probate
BY THE ORDER OF THE HONOURABLE JUSTICE
DATED ___
_______
THIS COURT GRANTED PROBATE OF THE ATTACHED WILL (AND
CODICIL(S)) AND ADMINISTRATION OF ALL THE DECEASED’S PROPERTY TO
ONE OF THE PERSONAL REPRESENTATIVE(S) ON
.
THIS GRANT IS NOW REVOKED.
THIS COURT NOW HAS GRANTED PROBATE OF THE ATTACHED WILL (AND
CODICIL(S)) AND ADMINISTRATION OF ALL THE DECEASED’S PROPERTY TO
THE PERSONAL REPRESENTATIVE(S).
Name of deceased
Of
Date of death
Name(s) of personal representative(s)
Of
CLERK OF THE COURT
This Form is for use by the court and clerk’s office only.
108
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Schedule 3
NC 40
COURT FILE NUMBER
COURT
Court of Queen’s Bench of
Alberta (Surrogate Matter)
JUDICIAL CENTRE
ESTATE NAME
GRANT
Ancillary grant of probate
BY THE ORDER OF THE HONOURABLE JUSTICE
DATED
THIS COURT HAS GRANTED PROBATE OF THE ATTACHED WILL (AND
CODICIL(S)) AND ADMINISTRATION OF ALL THE DECEASED’S PROPERTY IN
ALBERTA TO THE PERSONAL REPRESENTATIVE(S).
Name of deceased
Of
Date of death
Name(s) of personal representative(s)
Of
CLERK OF THE COURT
This Form is for use by the court and clerk’s office only.
NC 41
COURT FILE NUMBER
COURT
Court of Queen’s Bench of
Alberta (Surrogate Matter)
JUDICIAL CENTRE
ESTATE NAME
GRANT
Ancillary grant of administration
with will annexed
BY THE ORDER OF THE HONOURABLE JUSTICE
DATED ______________________
THIS COURT HAS PROVED AND REGISTERED THE ATTACHED WILL (AND
CODICIL(S)) OF THE DECEASED AND AUTHORISED ADMINISTRATION OF
109
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Schedule 3
THE DECEASED’S PROPERTY TO THE PERSONAL REPRESENTATIVE(S).
Name of deceased
Of
Date of death
Name(s) of personal representative(s)
Of
CLERK OF THE COURT
This Form is for use by the court and clerk’s office only.
NC 42
COURT FILE NUMBER
COURT
Court of Queen’s Bench of
Alberta (Surrogate Matter)
JUDICIAL CENTRE
ESTATE NAME
GRANT
Ancillary grant of
administration
BY THE ORDER OF THE HONOURABLE JUSTICE
DATED ___________________
THIS COURT HAS AUTHORISED ADMINISTRATION OF
THE DECEASED’S PROPERTY TO THE PERSONAL REPRESENTATIVE(S).
Name of deceased
Of
Date of death
Name(s) of personal representative(s)
Of
CLERK OF THE COURT
This Form is for use by the court and clerk’s office only.
110
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Schedule 3
NC 43
COURT FILE NUMBER
COURT
Court of Queen’s Bench of
Alberta (Surrogate Matter)
JUDICIAL CENTRE
PROCEDURE
Application for a grant of
trusteeship of the estate of a
minor child
NAME OF MINOR CHILD
NAMES OF PARENTS OF
MINOR CHILD
BOND
COPY OF APPLICATION
FILED WITH THE PUBLIC
TRUSTEE’S OFFICE
Yes
TRUSTEE(S) NAME(S)
COMPLETE ADDRESS FOR
SERVICE ON THE
TRUSTEE(S)
Trustee
Date
Name:
Complete address:
Lawyers for Trustee(s)
Responsible lawyer:
Firm name:
Complete address:
Phone:
Fax:
File no.:
ORDER: ISSUE THE GRANT AS APPLIED FOR
JUSTICE OF THE COURT OF
QUEEN’S BENCH OF ALBERTA
Date
111
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Schedule 3
NC 44
COURT FILE NUMBER
COURT
Court of Queen’s Bench of
Alberta (Surrogate Matter)
JUDICIAL CENTRE
NAME OF MINOR CHILD
DOCUMENT
Affidavit on application for a
grant of trusteeship of the
estate of a minor child
DEPONENT(S) NAME(S)
COPY OF BOND ATTACHED
THE DEPONENT(S) EACH SWEAR UNDER OATH OR AFFIRM THAT THE
INFORMATION IN THIS AFFIDAVIT AND IN THE ATTACHED SCHEDULES IS
WITHIN THE DEPONENTS’ KNOWLEDGE AND IS TRUE. WHERE THE
INFORMATION IS BASED ON ADVICE OR INFORMATION AND BELIEF, THIS IS
STATED.
Applicant(s)
1.
The applicant(s) are over 18 years of age and are the
of the minor.
Minor
2.
Name:
Complete address:
Birth date:
Age:
Parents of minor
3.
Mother of minor
Name:
Complete address:
Information if mother deceased:
Date of death:
Residence at date of death:
Testate/Intestate:
Name of any trustee(s) appointed by mother:
4.
Father of minor
Name:
Complete address:
112
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Schedule 3
Information if father deceased:
Date of death:
Residence at date of death:
Testate/Intestate:
Name of any trustee(s) appointed by father:
Schedules
5.
The following schedules concerning the estate of
are part of this affidavit.
They are correct to the deponents’ information and belief.
5.1
NC 6
Schedule 4
Beneficiaries
5.2
NC 7
Schedule 5
Inventory
Documents
6. The following documents are part of this affidavit.
6.1
NC 45
Election by minor of a trustee
6.2
NC 46
Notice of intention to apply for a grant of trusteeship
I have personally prepared or carefully read the schedules and documents that are
part of this affidavit and to the best of my knowledge the information in them is
accurate and complete.
Notices required
7.
Notice that an application that a trustee be appointed has been given to __________.
Notice will also be given in __________ newspaper if required by the court.
Bond
8.
The trustee(s) have obtained the required bond, a copy of which is marked as Exhibit
A to this affidavit.
or
8.
The trustee(s) apply to dispense with the requirement for a bond because
.
9.
I acknowledge that as trustee:
(a) I must use the funds in the trust only in accordance with the order of the court.
(b) I cannot borrow or take a benefit from the trust property unless the court order
expressly allows me to do so.
(c) I must keep adequate records of my administration of the trust property.
(d) I must keep the trust property separate from any other property.
113
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Schedule 3
10. I will faithfully administer the trust according to law and will give a true accounting
of my administration of the trust to the persons entitled to it when lawfully required.
11. The trustee(s) will surrender the grant that this court issues back to the court
whenever the court requires.
SWORN OR AFFIRMED BY EACH DEPONENT BEFORE A COMMISSIONER FOR
OATHS AT
,
ALBERTA ON
Deponent
Commissioner’s Name
Appointment Expiry Date:
NC 45
COURT FILE NUMBER
MINOR’S NAME
COMPLETE ADDRESS
DOCUMENT
1.
Election of a trustee by a
minor
I am a minor child of:
Mother:
Date of death:
and
Father:
Date of death:
2.
I was born on
3.
I elect as my trustee(s):
and am
years of age.
Name of trustee(s):
Relationship to minor:
4.
My election is made to allow my trustee(s) to:
4.1 Obtain a grant of administration of the property of
4.2 Obtain a grant of administration of the property of
of age.
114
until I am 18 years
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Schedule 3
4.3 Renounce my right to a grant of administration of the property of
.
4.4 Administer my property until I am 18 years of age.
4.5
SIGNED BY THE MINOR AND WITNESSED BY
ON
Minor
Witness
This document requires an affidavit of execution. Use Form NC 11.
NC 46
Notice
concerning the minor child
An application will be heard by a justice of the Court of Queen’s Bench of Alberta,
Judicial Centre of
:
on
place
time
for a grant of trusteeship of the estate of the minor child by
Further information may be obtained from
NC 47
NAME OF MINOR CHILD
DOCUMENT
Affidavit to dispense with a bond
or other security
DEPONENT(S) NAME(S)
THE DEPONENT(S) EACH SWEAR UNDER OATH OR AFFIRM THAT THE
INFORMATION IN THIS AFFIDAVIT IS WITHIN THE DEPONENTS’
KNOWLEDGE AND IS TRUE. WHERE THE INFORMATION IS BASED ON
ADVICE OR INFORMATION AND BELIEF, THIS IS STATED.
115
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Schedule 3
Applicant(s)
1.
The applicant(s) are applying for a grant of trusteeship of the minor child because the
applicant(s) are
.
Reason for request
2.
The applicant(s) request the court to dispense with the requirement of a bond or other
security because
.
3.
And therefore the applicant(s) request that this court grant the application for a grant
of trusteeship without bond or other security.
SWORN OR AFFIRMED BY EACH DEPONENT BEFORE A COMMISSIONER FOR
OATHS AT
ALBERTA ON
Deponent
Commissioner’s Name:
Appointment Expiry Date:
NC 48
COURT FILE NUMBER
COURT
Court of Queen’s Bench of
Alberta (Surrogate Matter)
JUDICIAL CENTRE
NAME OF MINOR CHILD
GRANT
Trusteeship of the estate of the minor child
BY THE ORDER OF THE HONOURABLE JUSTICE
DATED
THIS COURT HAS APPOINTED TRUSTEE(S) OF THE ESTATE OF THE MINOR
CHILD.
THE TRUSTEE(S) HAVE THE POWER AND AUTHORITY TO DO ALL THINGS
WHICH TRUSTEES OF THE ESTATES OF MINORS MAY AND OUGHT TO DO
ACCORDING TO THE LAWS OF THE PROVINCE OF ALBERTA.
THE TRUSTEE(S) HAVE SWORN OR AFFIRMED TO PERFORM THE TRUST OF
TRUSTEESHIP AND TO ADMINISTER THE ESTATE OF THE MINOR
ACCORDING TO THE LAWS OF THE PROVINCE OF ALBERTA.
116
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Schedule 3
Name of minor child
Of
Name(s) of trustee(s)
Of
CLERK OF THE COURT
This Form is for use by the court and clerk’s office only.
NC 49
COURT FILE NUMBER
COURT
Court of Queen’s Bench of
Alberta (Surrogate Matter)
JUDICIAL CENTRE
ESTATE NAME
Certificate of Valid Grant
I certify that the grant described in this certificate is valid and unrevoked.
Grant
Date of grant
Name of deceased
Of
Date of death
Name(s) of personal representative(s)
Of
Clerk of the Court
Date
This Form is for use by the court and clerk’s office only.
C1
COURT FILE NUMBER
COURT
Court of Queen’s Bench of Alberta
(Surrogate Matter)
JUDICIAL CENTRE
ESTATE NAME
117
July, 2015
Alberta Rules of Court
Volume 2
DOCUMENT
Surrogate Rules
Schedule 3
Application for (state matter)
PARTIES
APPLICANT(S)
RESPONDENT(S)
(names of the following who
have an interest in this matter)
PERSONAL REPRESENTATIVE(S)
BENEFICIARIES (RESIDUARY)
LIFE TENANTS
BENEFICIARIES (NON
RESIDUARY)
BENEFICIARIES (INTESTACY)
TRUSTEES FOR REPRESENTED
ADULTS
ATTORNEYS FOR INCOMPETENT
ADULTS
MINORS
MISSING PERSONS
UNPAID CLAIMANTS
BONDING COMPANIES
OTHER PERSONS WHO HAVE
FILED A FORM C 1 IN RESPECT
OF THE ESTATE
ADDRESS FOR
SERVICE AND CONTACT
INFORMATION OF PARTY
FILING THIS DOCUMENT
118
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Schedule 3
THIS APPLICATION WILL BE HEARD BY A JUSTICE OF THE COURT OF
QUEEN’S BENCH OF ALBERTA, JUDICIAL CENTRE OF ______________
ON
__________
PLACE
__________
TIME
__________
NOTICE TO THE RESPONDENT(S)
__________
This is to notify you that if you do not attend either in person or by your lawyer before
the court at the time and place shown above, the court may give the applicant(s) what
they want in your absence. You will be bound by any order the court makes.
Alternatively, another order might be given or other proceedings taken that the
applicant(s) are entitled to without any further notice of them to you.
Therefore, if you want to take part in this application, you or your lawyer must attend
in court on the date and time described.
In addition to attending in court, you may file and serve a reply to this application in
Form C 2.1 at least 5 days before the date shown above or as directed by the court.
Whether or not you file and serve a reply to this application, you may file and serve a
demand for notice in Form C 2.2, which gives you the right to receive notice of future
applications in respect of this matter.
Applicant(s)
1. The applicant(s) is (are)
.
Issues to be determined or nature of claims
2.
.
Grounds for request and relief sought
3.
.
Documents filed with this application
4. 4.1
C2
Affidavit of the applicant(s)
4.2
119
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Schedule 3
Applicable Surrogate Rules
5. 5.1 (tick applicable box(es)):
□
□
□
□
□
□
□
5.2
Surrogate Rule 4(1)
Surrogate Rule 41
Surrogate Rule 58(a)
Surrogate Rule 70.1(1)
Surrogate Rule 70.1(2)
Surrogate Rule 70.9(5)
Surrogate Rule 94(2)
Any other Surrogate Rule(s) the applicant specifically
relies on (specify):
.
Applicable statutes
6. Any statutory authority the applicant specifically relies on (specify statute(s) and
section number(s)):__________________________.
Applicant
Name:
Complete address:
Date
Lawyers for Applicant(s)
Responsible lawyer:
Firm name:
Complete address:
Phone:
Fax:
File no.:
C2
COURT FILE NUMBER
COURT
Court of Queen’s Bench of
Alberta (Surrogate Matter)
JUDICIAL CENTRE
ESTATE NAME
120
July, 2015
Alberta Rules of Court
Volume 2
DOCUMENT
Surrogate Rules
Schedule 3
Affidavit in support of
(or opposing) application for
(state matter)
DEPONENT’S NAME(S)
EXHIBITS ATTACHED
ADDRESS FOR
SERVICE AND CONTACT
INFORMATION OF PARTY
FILING THIS DOCUMENT
THE DEPONENT SWEARS UNDER OATH OR AFFIRMS THAT THE FOLLOWING
INFORMATION IS WITHIN THE DEPONENT’S KNOWLEDGE AND IS TRUE.
WHERE THE INFORMATION IS BASED ON ADVICE OR INFORMATION AND
BELIEF, THIS IS STATED.
1. I am the (applicant or respondent) in this application.
2. I am interested in the estate because
.
3. The facts on which this application is (based or opposed) are
3.1
.
3.2
.
SWORN OR AFFIRMED BY THE DEPONENT BEFORE A COMMISSIONER FOR
OATHS AT
,
ALBERTA ON _____________, 20___.
Deponent
Commissioner’s Name:
Appointment Expiry Date:
C 2.1
COURT FILE NUMBER
COURT
Court of Queen’s Bench of Alberta
(Surrogate Matter)
JUDICIAL CENTRE
ESTATE NAME
DOCUMENT
Reply to Application for
(state matter)
121
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Schedule 3
RESPONDENT
ADDRESS FOR
SERVICE AND CONTACT
INFORMATION OF PARTY
FILING THIS DOCUMENT
Respondent
1. The Respondent is interested in the estate and this application because the
Respondent is
.
Response to the Application
2. The Respondent agrees with the following orders asked for by the Applicant:
.
3. The Respondent disagrees with the following orders asked for by the Applicant:
.
Relief sought and grounds for request
4.
Documents filed with this Reply
5. 5.1
C2
Affidavit of the Respondent
5.2
Lawyer for Respondent
Responsible lawyer:
Firm name:
Complete address:
Phone:
Fax:
File no.:
C 2.2
COURT FILE NUMBER
COURT
Court of Queen’s Bench of Alberta
(Surrogate Matter)
JUDICIAL CENTRE
122
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Schedule 3
ESTATE NAME
DOCUMENT
Demand for Notice in Respect of
Application for
RESPONDENT
ADDRESS FOR
SERVICE AND CONTACT
INFORMATION OF PARTY
FILING THIS DOCUMENT
1. The Respondent is interested in this estate and the application referred to above
because the Respondent is
.
2. The Respondent demands notice of any application or proceeding in relation to the
application referred to above.
Lawyer for Respondent
Responsible lawyer:
Firm name:
Complete address:
Phone:
Fax:
File no.:
C3
COURT FILE NUMBER
COURT
Court of Queen’s Bench of
Alberta (Surrogate Matter)
JUDICIAL CENTRE
ESTATE NAME
Caveat
NOTHING CAN BE DONE IN THIS ESTATE WITHOUT NOTICE TO THE
CAVEATOR(S) OR TO THE LAWYER FOR THE CAVEATOR(S)
Caveator(s)
1. The caveator(s) name(s) and address(es) and occupation(s) are
.
2.
The caveator(s) are interested in this estate and are entitled to file a caveat because
they are
.
123
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Schedule 3
Grounds for filing this caveat
3.
The grounds on which the caveator(s) have filed this caveat are
.
Complete address for service
4.
The address for service on the caveator(s) is
.
CAVEAT SIGNED BY
Caveator
Date
Name:
Complete address:
Lawyers for the Caveator(s)
Responsible lawyer:
Firm name:
Complete address:
Phone:
Fax:
File no.:
The caveator(s) swear under oath or affirm that:
1.
The statements in this caveat are within their knowledge and are true;
2.
This caveat is not filed for the purpose of delaying or embarrassing any person
interested in the deceased’s estate.
SWORN OR AFFIRMED BY EACH CAVEATOR BEFORE A COMMISSIONER FOR
OATHS AT
,
ALBERTA ON
Caveator
Commissioner’s Name:
Appointment Expiry Date:
The information in the box is completed by the clerk at the time the document is filed and
before it is served.
124
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Schedule 3
THIS CAVEAT EXPIRES ON
Clerk of the Court
C 3.1
COURT FILE NUMBER
COURT
Court of Queen’s Bench of
Alberta (Surrogate Matter)
JUDICIAL CENTRE
ESTATE NAME
Withdrawal of Caveat
Caveator(s)
1.
The caveator(s) name(s) and address(es) and occupation(s) are
.
2.
The caveator(s) acknowledge that they have no further interest under the caveat dated
.
3.
The caveator(s) withdraw the caveat.
CAVEAT SIGNED BY
Caveator
Witness
(attach affidavit of execution)
Lawyers for Caveator(s)
Responsible lawyer:
Firm name:
Complete address:
Phone:
Fax:
File no.:
125
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Schedule 3
ENTERED AT _________, ALBERTA, ON
.
______________________
CLERK OF THE COURT
C 3.2
COURT FILE NUMBER
COURT
Court of Queen’s Bench of
Alberta (Surrogate Matter)
JUDICIAL CENTRE
ESTATE NAME
Discharge of Caveat
Caveator(s)
1.
The caveator(s) name(s) and address(es) and occupation(s) are
2.
The caveat is discharged.
3.
The reason(s) for the discharge is:
.
.
JUSTICE OF THE COURT OF QUEEN’S BENCH OF ALBERTA
ENTERED AT _________, ALBERTA, ON
.
CLERK OF THE COURT
C4
COURT FILE NUMBER
COURT
Court of Queen’s Bench of
Alberta (Surrogate Matter)
JUDICIAL CENTRE
ESTATE NAME
126
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Schedule 3
Warning to Caveator(s)
To:
YOU FILED A CAVEAT WHICH REQUIRES THAT NOTICE MUST BE GIVEN TO
YOU OF ANY APPLICATION WHICH MIGHT BE MADE IN THIS ESTATE.
THE FOLLOWING APPLICATION HAS BEEN MADE:
Nature of application
Grant of
Date of will
Applicant(s) name(s) and address(es)
Lawyers for applicant(s):
Name
Complete address
Responsible lawyer
File No.
Phone
Fax
Complete address for service on
applicants
BE WARNED:
If you want to contest this application, you must file a notice of objection to an informal
grant on the enclosed Form called “Notice of objection to informal grant”.
You must state:
1.
That you object to this application; and
2.
The nature of your objection.
THERE IS A DEADLINE FOR FILING YOUR NOTICE OF OBJECTION.
If you do not file your notice of objection by the deadline, the court will:
3.
Deal with the application for an informal grant without any further notice to you; and
4.
Assume that you consent to the application.
Your notice of objection must be filed within 10 days of the date of service with the Clerk
of the Court
Lawyer(s) for the Personal
Representative(s) or Personal
Representative
Date
127
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Schedule 3
C5
COURT FILE NUMBER
COURT
Court of Queen’s Bench of
Alberta (Surrogate Matter)
JUDICIAL CENTRE
ESTATE NAME
PROCEDURE
Formal proof of will
DOCUMENT
Application by personal
representative(s)
1.
The personal representative(s) __________ named in a will of the deceased dated
__________ request that:
1.1 This court formally admits this will to probate as the valid last will of the
deceased.
1.2 This court issues a grant of probate of this will to the personal representatives
named in the will.
2.
The personal representative(s) make this request because the validity of the will is in
issue.
3.
The validity of the will has been attacked on the ground that
4.
Complete address for service on the personal representative(s) of any documents in
this application is
.
.
Notices required
5.
The following notices are required:
5.1 To all the beneficiaries of the estate in this will.
5.2 To all the beneficiaries of the estate in previous wills.
5.3 To the spouse/adult interdependent partner of the deceased.
5.4 To the adult children of the deceased.
5.5 To the Public Trustee for the Province of Alberta.
5.6 To the beneficiaries (intestacy).
5.7 To the personal representative(s) named in previous wills.
5.8 To a former spouse of the deceased under section 6 of the Matrimonial Property
Act.
128
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Schedule 3
5.9 To the spouse of the deceased under section 11 of the Matrimonial Property
Act.
5.10 To the spouse/adult interdependent partner of the deceased under section 88 of
the Wills and Succession Act.
5.11 To a dependent child or dependent minor grandchild or great-grandchild of the
deceased under section 88 of the Wills and Succession Act.
6. Notices are sent to:
7. Surrogate Rule(s) under which this application is being made:
7.1 Rule 77(1)(a).
7.2 Any other Surrogate Rule(s) the applicant specifically relies on (specify):
___________________________.
Applicable statutes
8. Any statutory authority the applicant specifically relies on (specify statute(s) and
section number(s)): _________________________.
Personal Representative
Date
Name:
Complete address:
Lawyers for Personal Representative(s)
Responsible lawyer:
Firm name:
Complete address:
Phone:
Fax:
File no.:
C6
COURT FILE NUMBER
COURT
Court of Queen’s Bench of
Alberta (Surrogate Matter)
JUDICIAL CENTRE
ESTATE NAME
PROCEDURE
Formal proof of will
129
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Schedule 3
DOCUMENT
Affidavit by personal
representative(s)
DEPONENT(S) NAME(S)
THE DEPONENT(S) EACH SWEAR UNDER OATH OR AFFIRM THAT THE
INFORMATION IN THIS AFFIDAVIT AND IN THE ATTACHED SCHEDULES IS
WITHIN THE DEPONENT’S KNOWLEDGE AND IS TRUE. WHERE THE
INFORMATION IS BASED ON ADVICE OR INFORMATION AND BELIEF, THIS IS
STATED.
Applicant(s)
1.
The applicant(s) as shown in the Application are the personal representatives named
in a will of the deceased dated
.
Formal proof of will proceedings
2.
It is alleged that the will dated __________ is invalid because
.
Schedules Attached
3.
The following schedules are part of this affidavit or have been previously filed with
the court. They are correct to the deponents’ information and belief.
3.1
NC 3
Schedule 1
Deceased
3.2
NC 4
Schedule 2
Will
3.3
C7
Schedule 2.1
Previous wills
3.4
NC 5
Schedule 3
Personal representative(s)
3.5
NC 6
Schedule 4
Beneficiaries
3.6
NC 7
Schedule 5
Inventory
3.7
NC 20.1
Schedule 6 Notice of void gift
Documents Attached
4.
The following documents are part of this affidavit or have been previously filed with
the court.
4.1
Original will(s) of the deceased dated
4.2
NC 8
Affidavit(s) of witness to will(s)
I have personally prepared or carefully read the schedules and documents that are
part of this affidavit and to the best of my knowledge the information in them is
accurate and complete.
130
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Schedule 3
Notices
5.
The applicant(s) have served the following notices as required and in the manner
prescribed by the Surrogate Rules.
5.1
NC 19
Notice(s) to beneficiaries (residuary)
5.2
NC 20
Notice(s) to beneficiaries (non residuary)
5.3
NC 21
Notice(s) to beneficiaries (intestacy)
5.4
NC 22
Notice to spouse of deceased Matrimonial
Property Act
5.5
NC 23
Notice to spouse/adult interdependent
partner of deceased Family Maintenance
and Support
5.6
NC 24
Notice to a dependent child (or minor
grandchild or great-grandchild) of deceased
Family Maintenance and Support
6.
The deponent(s) believe that while the deceased was alive, the deceased kept the will
dated __________ in __________ where it was found at the date of death.
7.
After the deceased’s death, the applicant(s) obtained the will from __________ and
kept it in their or their lawyer’s possession until filed with the court.
8.
If this will is formally admitted to probate, the applicant(s) will faithfully administer
the estate of the deceased according to law and will give a true accounting of their
administration to the persons entitled to it when lawfully required.
SWORN OR AFFIRMED BY EACH DEPONENT BEFORE A COMMISSIONER FOR
OATHS AT
,
ALBERTA ON
Deponent
Commissioner’s Name:
Appointment Expiry Date:
C7
ESTATE NAME
DOCUMENT
Schedule 2.1: Previous wills
131
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Schedule 3
The personal representatives have knowledge about the following wills of the deceased:
(For each will, provide the following information:)
Will dated:
Deceased’s age at date of will:
Location of will at date of death:
Name of first witness:
Name of second witness:
(Complete if the will was made before February 1, 2012:)
The deceased married or entered into an adult interdependent partner agreement after the
date the will was made and before February 1, 2012.
□ Yes
□ No
The original will is attached to this Schedule.
C8
COURT FILE NUMBER
COURT
Court of Queen’s Bench of
Alberta (Surrogate Matter)
JUDICIAL CENTRE
ESTATE NAME
PROCEDURE
Formal proof of will
DOCUMENT
Notice to persons interested in
the estate
To:
Name
Complete address
THIS APPLICATION WILL BE HEARD BY A JUSTICE OF THE COURT OF
QUEEN’S BENCH OF ALBERTA, JUDICIAL CENTRE OF
ON
PLACE
TIME
NOTICE TO THE RESPONDENT(S)
132
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Schedule 3
This is to notify you that if you do not attend either in person or by your lawyer before
the court at the time and place shown above, the court may give the applicant(s) what
they want in your absence. You will be bound by any order the court makes.
Alternatively, another order might be given or other proceedings taken, which the
applicant(s) are entitled to without any further notice of them to you.
Therefore, if you want to take part in this application, you or your lawyer must attend in
court on the date and time described.
1.
The personal representatives named in the deceased’s will, dated
, have
applied for formal proof of that will. This is necessary because the validity of the will
has been attacked on the grounds that
.
2.
If the court finds this will to be valid, then the court will admit the will to probate and
the will’s provisions will govern the disposition of the estate property that is dealt
with in the will.
3.
If the court finds this will to be invalid, then the court will consider
3.1 whether any previous wills of the deceased are valid and govern the disposition
of the estate property, or
3.2 whether the deceased died intestate, that is, without a will. In that case, the
provisions of Part 3 of the Wills and Succession Act will determine who will
receive the estate property.
4.
You are a person interested in the estate as defined in the Surrogate Rules because
you are __________.
5.
Enclosed with this notice is a copy of the application for formal proof of the will of
the deceased. This includes copies of the will(s) and a schedule of the inventory of
the estate property.
6.
The court process to be followed is in accordance with Surrogate Rules 83 and 84.
7.
You can contact __________ at __________, phone __________, for any further
information you may need.
Personal Representative
Date
Name:
Complete address:
Lawyers for Personal Representative(s)
Responsible lawyer:
Firm name:
133
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Schedule 3
Complete address:
Phone:
Fax:
File no.:
C9
COURT FILE NUMBER
COURT
Court of Queen’s Bench of
Alberta (Surrogate Matter)
JUDICIAL CENTRE
ESTATE NAME
PROCEDURE
Formal proof of will
DOCUMENT
Notice of objection to informal
grant
(Fill in your name and the other information)
Name
Complete address
Relationship to deceased
Interest in estate
1.
I object to any application by
that
2.
I request an interim order that
.
3.
In the proceedings, I will seek a final order that
.
4.
My reason for this request is
.
5.
My complete address for service of any documents in this matter is
.
6.
This notice of objection is sent to
.
Objector
Date
Name:
Complete address:
Lawyers for Objector(s)
134
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Schedule 3
Responsible lawyer:
Firm name:
Complete address:
Phone:
Fax:
File no.:
This notice of objection requires an affidavit to establish the facts relied on by the
objector. Use Form C 2.
C 9.1
COURT FILE NUMBER
COURT
Court of Queen’s Bench of
Alberta (Surrogate Matter)
JUDICIAL CENTRE
ESTATE NAME
PROCEDURE
Application for Trusteeship of
a Minor Child
DOCUMENT
Notice of objection to
application for Trusteeship
of a Minor Child
(Fill in your name and the other information)
Name
Complete address
Relationship to minor child
1.
I object to any application by
that
.
2.
I request an interim order that
.
3.
In the proceedings, I will seek a final order that
.
4.
My reason for this request is
.
5.
My complete address for service of any documents in this matter is
.
6. This notice of objection is sent to
.
Objector
Date
Name:
135
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Schedule 3
Complete address:
Lawyers for Objector(s)
Responsible lawyer:
Firm name:
Complete address:
Phone:
Fax:
File no.:
This notice of objection requires an affidavit to establish the facts relied on by the
objector. Use Form C2.
C 10
COURT FILE NUMBER
COURT
Court of Queen’s Bench of
Alberta (Surrogate Matter)
JUDICIAL CENTRE
ESTATE NAME
PROCEDURE
Formal proof of will
DOCUMENT
Direction
1.
The application by the personal representative(s) to admit a will of the deceased
dated __________ to probate on an informal basis is denied because
.
2.
The personal representative(s) named in this will must take proceedings formally to
prove the deceased’s will in accordance with the Surrogate Rules.
JUSTICE OF THE COURT OF QUEEN’S
BENCH OF ALBERTA
DATE
This Form is for the use of the court only.
136
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Schedule 3
C 11
COURT FILE NUMBER
COURT
Court of Queen’s Bench of
Alberta (Surrogate Matter)
JUDICIAL CENTRE
ESTATE NAME
PROCEDURE
Deciding contested claims
DOCUMENT
Notice of contestation
To:
Name and address of claimant:
1.
You have made a claim against the estate of
for:
1.1
1.2
2.
$
The personal representative(s) of the estate contest your claim against the estate
and will not pay it unless ordered to by the court.
3.
You may apply to the court for a decision on your claim by filing a notice of claim in
Form C 12 of the Surrogate Rules.
4.
You must do this within 2 months after you receive this notice. If you fail to act,
your claim may be barred forever.
5.
Sections 25 and 26 of the Estate Administration Act apply to this proceeding.
6.
A copy of the relevant Surrogate Rules is enclosed.
Personal Representative
Date
Name:
Complete address:
Lawyers for Personal Representative(s)
Responsible lawyer:
Firm name:
Complete address:
Phone:
137
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Schedule 3
Fax:
File no.:
C 12
COURT FILE NUMBER
COURT
Court of Queen’s Bench of
Alberta (Surrogate Matter)
JUDICIAL CENTRE
ESTATE NAME
PROCEDURE
Deciding contested claims
DOCUMENT
Notice of claim and affidavit
PARTIES
APPLICANT(S)
RESPONDENT(S)
, the personal
representative(s) of the estate
THIS APPLICATION WILL BE HEARD BY A JUSTICE OF THE COURT OF
QUEEN’S BENCH OF ALBERTA, JUDICIAL CENTRE OF
ON
PLACE
TIME
NOTICE TO THE RESPONDENT(S)
This is to notify you that if you do not attend either in person or by your lawyer before
the court at the time and place shown above, the court may give the applicant(s) what
they want in your absence. You will be bound by any order the court makes.
Alternatively, another order might be given or other proceedings taken which the
applicant(s) are entitled to without any further notice of them to you.
Therefore, if you want to take part in this application, you or your lawyer must attend in
court on the date and time described.
Claimant(s)
1.
The name(s) and address(es) of the claimant(s) are
Amount of claim(s)
2.
$ __________.
138
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Schedule 3
Nature of claim(s)
3.
.
Grounds upon which claim(s) are based
4.
Relief sought
5.
.
Documents filed with this application
6.
6.1
Affidavit of the claimant(s).
6.2
.
Applicable Surrogate Rules
7.
7.1
Surrogate Rule 96(1).
7.2
Any other Surrogate Rule(s) the applicant specifically relies on (specify):
___________________________.
Applicable Statutes
8.
Any statutory authority the applicant specifically relies on (specify statute(s) and
section number(s)): _________________________.
Claimant
Date
Name:
Complete address:
Lawyers for Claimant(s)
Responsible lawyer:
Firm name:
Complete address:
Phone:
Fax:
File no.:
AFFIDAVIT
DEPONENT(S) NAME(S)
EXHIBITS ATTACHED
139
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Schedule 3
THE DEPONENT(S) EACH SWEAR UNDER OATH OR AFFIRM THAT THE
FOLLOWING INFORMATION IS WITHIN THE DEPONENTS’ KNOWLEDGE AND
IS TRUE. WHERE THE INFORMATION IS BASED ON ADVICE OR
INFORMATION AND BELIEF, THIS IS STATED.
Applicant(s)
1.
The applicant(s) are claimant(s) of the estate.
Respondents
2.
The respondents are the personal representative(s) of the estate.
Facts on which the application is based
3.
The facts on which this application is based are
3.1
.
SWORN OR AFFIRMED BY EACH DEPONENT BEFORE A COMMISSIONER FOR
OATHS AT
,
ALBERTA ON
Deponent
Commissioner’s Name:
Appointment Expiry Date:
C 13
COURT FILE NUMBER
COURT
Court of Queen’s Bench of Alberta
(Surrogate Matter)
JUDICIAL CENTRE
ESTATE NAME
DOCUMENT
Order in respect of
PARTIES
APPLICANT(S)
RESPONDENT(S)
PERSONAL REPRESENTATIVE(S)
BENEFICIARIES (RESIDUARY)
140
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Schedule 3
LIFE TENANTS
BENEFICIARIES (NON RESIDUARY)
BENEFICIARIES (INTESTACY)
TRUSTEES FOR REPRESENTED
ADULTS
ATTORNEYS FOR INCOMPETENT
ADULTS
MINORS
MISSING PERSONS
BONDING COMPANIES
PERSON(S) WHO HAVE FILED
A FORM C 1 IN RESPECT OF
THIS ESTATE
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
PARTY FILING THIS DOCUMENT:
DATE ON WHICH ORDER
WAS MADE:
LOCATION OF HEARING:
NAME OF JUDGE WHO MADE
THIS ORDER: The Honourable Justice
THE COURT HAS:
Reviewed the affidavit and other documents filed in this application;
Heard representations from the parties or counsel for the parties;
Considered the application;
AND THE COURT ORDERS:
1.
JUSTICE OF THE COURT OF QUEEN’S
BENCH OF ALBERTA
141
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Schedule 3
C 14
COURT FILE NUMBER
COURT
Court of Queen’s Bench of Alberta
(Surrogate Matter)
JUDICIAL CENTRE
DOCUMENT
Application to authorize minor
to make or revoke a will
PARTIES
APPLICANT
(THE MINOR AS REPRESENTED
BY A LITIGATION REPRESENTATIVE
IN ACCORDANCE WITH THE
ALBERTA RULES OF COURT)
RESPONDENT(S):
PARENT(S) OF THE MINOR
GUARDIAN(S) OF THE MINOR
(IF DIFFERENT FROM PARENTS)
TRUSTEES FOR THE MINOR,
IF ANY
THE PUBLIC TRUSTEE
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
PARTY FILING THIS DOCUMENT:
THIS APPLICATION WILL BE HEARD BY A JUSTICE OF THE COURT OF
QUEEN’S BENCH OF ALBERTA, JUDICIAL CENTRE OF ______________
ON
__________
PLACE
__________
TIME
__________
NOTICE TO THE RESPONDENT(S)
__________
142
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Schedule 3
This is to notify you that if you do not attend either in person or by your lawyer before
the court at the time and place shown above, the court may give the applicant what the
applicant wants in your absence. You will be bound by any order the court makes.
Alternatively, another order might be given or other proceedings taken that the
applicant(s) are entitled to without any further notice of them to you.
Therefore, if you want to take part in this application, you or your lawyer must attend in
court on the date and time described.
Parties to the Application and service
1.
The applicant(s) is (are)
.
2.
The respondent(s) is (are)
.
3.
The applicant will serve the following parties:
.
4.
The applicant will ask the court to dispense with service on the following parties for
the reasons set out in the Affidavit filed with this Application:
.
Issues to be determined:
5.
.
Grounds on which request is based:
6.
.
Reasons for seeking relief:
7.
.
Relief sought:
8.
.
Documents filed with this Application:
9.1
Affidavit of the applicant(s)
9.2
Applicable Surrogate Rules
10. 10.1
Surrogate Rule 54.1.
143
July, 2015
Alberta Rules of Court
Volume 2
10.2
Surrogate Rules
Schedule 3
Any other Surrogate Rule(s) the applicant specifically relies on (specify):
___________________________.
Applicable Statutes
11. 11.1
11.2
Wills and Succession Act, SA 2010 cW-12.2 s36.
Any other statutory authority the applicant specifically relies on (specify
statute(s) and section number(s)): _______________________________.
Applicant
Date
Lawyer for Applicant
Responsible lawyer:
Firm name:
Complete address:
Phone:
Fax:
File no.:
ACC 1
COURT FILE NUMBER
COURT
Court of Queen’s Bench of
Alberta (Surrogate Matter)
JUDICIAL CENTRE
ESTATE NAME
PROCEDURE
Application by the personal
representative(s) to pass
accounts formally
DOCUMENT
Application
PARTIES
APPLICANT(S)
RESPONDENT(S)
BENEFICIARIES (RESIDUARY)
LIFE TENANTS
BENEFICIARIES (NON RESIDUARY)
BENEFICIARIES (INTESTACY)
TRUSTEES FOR REPRESENTED
ADULTS
144
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Schedule 3
ATTORNEY(S) FOR INCOMPETENT
ADULTS
MINORS
MISSING PERSONS
UNPAID CLAIMANTS
BONDING COMPANIES
COMPLETE ADDRESS FOR
SERVICE ON THE
APPLICANT(S) OF ANY
DOCUMENTS IN THIS
ACTION
1.
The applicant(s) request an order:
1.1 Deeming service of all documents on all parties sufficient.
1.2 Determining that the personal representative(s) have fully and satisfactorily
accounted to a date to be stated in the order.
1.3 Passing the accounts.
1.4 Setting the compensation for the personal representative(s) for the accounting
period.
1.5 Directing distribution of the estate.
1.6 Cancelling the bond.
1.7 Discharging the personal representative(s).
1.8 Allowing and directing payment of costs (including disbursements and G.S.T.)
of this application to be paid from the estate.
1.9 Providing for any other matters that might be required.
2.
3.
Filed with this application are:
2.1 ACC 2
Affidavit of the personal representative(s)
2.2
Financial statements
Costs proposal:
3.1 Costs of the personal representative(s) to be paid by
4.
.
Surrogate Rule(s) under which this application is being made:
145
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Schedule 3
4.1 Rule 107(1)(a).
4.2 Any other Surrogate Rule(s) the applicant specifically relies on (specify):
___________________________.
Applicable Statutes
5.
5.1 Estate Administration Act, section 32.
5.2 Any other statutory authority the applicant specifically relies on (specify
statute(s) and section number(s)): ____________________________________.
Applicant
Date
Name:
Complete address:
Lawyers for Applicant(s)
Responsible lawyer:
Firm name:
Complete address:
Phone:
Fax:
File no.:
NOTICE OF HEARING:
THIS APPLICATION WILL BE HEARD BY A
JUSTICE OF THE COURT OF QUEEN’S BENCH OF
ALBERTA, JUDICIAL CENTRE OF
:
ON
PLACE
TIME
Please read the enclosed documents carefully so that you can understand what the
application is about.
If you consent to or do not oppose the application, you may:
1.
Tick the last box on the notice of objection. Sign and return the notice of objection to
the trustee(s); or
2.
Do nothing further; or
3.
Attend at the hearing and indicate your position to the court.
146
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Schedule 3
If you oppose any part of the application, you must:
1.
Complete and file the enclosed notice of objection with the court described above
five days or more before the hearing, that is by __________; and
2.
Serve a filed copy of the notice of objection on the applicant(s). Their address for
service is on this application; and
3.
Come to the hearing and tell the justice what part of the accounting you object to and
why.
If you oppose any part of this application but you do not file and serve your notice of
objection:
1.
You will not be allowed to take part in the proceedings unless the justice specifically
agrees to let you; and
2.
The hearing will still take place even if you are not allowed to take part in the
proceedings; and you will be bound by the justice’s order.
In any event, the justice will make an order and a copy of the order will be sent to you
later.
ACC 2
COURT FILE NUMBER
COURT
Court of Queen’s Bench of
Alberta (Surrogate Matter)
JUDICIAL CENTRE
ESTATE NAME
PROCEDURE
Application by the personal
representative(s) to pass
accounts formally
DOCUMENT
Affidavit
DEPONENT(S) NAME(S)
DOCUMENTS ATTACHED
Financial statements
THE DEPONENT(S) SWEAR UNDER OATH OR AFFIRM THAT THE FOLLOWING
INFORMATION IS WITHIN THE DEPONENTS’ KNOWLEDGE AND IS TRUE.
WHERE THE INFORMATION IS BASED ON ADVICE OR INFORMATION AND
BELIEF, THIS IS STATED.
Applicant(s)
1.
The applicant(s) are the personal representative(s) of the estate.
147
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Schedule 3
Respondents
2.
The respondents are all the persons interested in the estate as defined in the Surrogate
Rules.
Releases
3.
The following persons are residuary beneficiaries of the estate and have signed
releases indicating their approval of the financial statements, the schedule of
compensation for the personal representative(s) and the schedule of distribution:
Release #1: _____________(Name) _____________
Release #2: _____________(Name) _____________
4.
The other respondent residuary beneficiaries, who have all received releases but have
not signed them nor communicated with the applicant(s) about the financial
statements, the schedule of compensation for the personal representative(s) and the
schedule of distribution, are ___________.
4.1 The applicant(s) do not know what position these respondents take.
or
4.2 The position of respondent _________________ is attached or is as follows:
________________________________________________.
Service of documents
5.
Copies of the financial statements, the schedule of compensation for the personal
representative(s) and the schedule of distribution have been given or mailed to all the
respondents either at their last known addresses or in care of their lawyers of record.
6.
The respondents will be served in the manner prescribed in the Surrogate Rules with:
6.1
ACC 1
Application, including notice of hearing
6.2
ACC 2
Affidavit of the personal representative(s)
6.3
ACC 3
Notice of objection
Financial statements
7.
The financial statements:
7.1
Are an accurate statement of the administration of the estate.
7.2
Show all the property and debts of the deceased that the personal
representative(s) have been able to ascertain.
7.3
Show all the property received and debts and claims paid by the personal
representative(s).
7.4
Are for the period
to
148
.
July, 2015
Alberta Rules of Court
Volume 2
7.5
Surrogate Rules
Schedule 3
Are __________ accounting.
Claimants
8. Claimants and amounts not yet paid are:
8.1
.
Advertising for creditors and claimants
9.
Distribution
10. No distribution of the deceased’s property has been made except as is reflected in the
financial statements.
11. Once the court approves the financial statements, the personal representative(s)
undertake to distribute the estate property as set out in the schedule of distribution.
Special matters
12.
.
Compensation
13. Compensation for the personal representative(s) is based on:
14.
.
SWORN OR AFFIRMED BY EACH DEPONENT BEFORE A COMMISSIONER FOR
OATHS AT
,
ALBERTA ON
Deponent
Commissioner’s Name:
Appointment Expiry Date:
ACC 3
COURT FILE NUMBER
COURT
Court of Queen’s Bench of
Alberta (Surrogate Matter)
JUDICIAL CENTRE
ESTATE NAME
PROCEDURE
Application by
DOCUMENT
Notice of Objection or Consent
149
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Schedule 3
(Fill in your name and address)
Name of
respondent
beneficiary
Complete
address
I OBJECT TO THE FOLLOWING PART(S) OF THIS APPLICATION:
(Tick the boxes against items where you object; otherwise leave the boxes blank. Describe
the item you object to and give your reasons.)
□ Financial statements
Item number(s)
Description
Reason(s) for objection
□ Distribution schedule
Description
Reason(s) for objection
□ Compensation schedule
Description
Reason(s) for objection
□ Manner of administration
Description
Reason(s) for objection
OTHERWISE I CONSENT TO THIS APPLICATION.
□ No objection
150
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Schedule 3
I have no objections to the financial statements for the period
to
Respondent
.
Date
Lawyers for Respondent(s)
Responsible lawyer:
Firm name:
Complete address:
Phone:
Fax:
File no.:
ACC 4
COURT FILE NUMBER
COURT
Court of Queen’s Bench of
Alberta (Surrogate Matter)
JUDICIAL CENTRE
ESTATE NAME
PROCEDURE
Application by the personal
representative(s) to pass
accounts formally
DOCUMENT
Terms of accountant’s
engagement
DIRECTION
1.
The accounting firm __________ is engaged to provide the following services with
regard to the financial statements for the estate of __________ for the period
__________ to __________:
□
b.□
c.□
a.
to perform a compilation engagement of the financial statements.
to perform a review engagement of the financial statements.
to perform a review engagement of the financial statements with a
disclosure of the review engagement procedures applied in arriving at the
overall negative assurance opinion, with regard to specific items ... in
the financial statements.
151
July, 2015
Alberta Rules of Court
Volume 2
d.
e.
□
□
Surrogate Rules
Schedule 3
to carry out specified auditing procedures with regard to items
the financial statements or financial information.
in
to perform an audit of the financial statements.
2.
All accounting documentation must be made available to the accounting firm.
3.
The accounting firm’s fee and necessary disbursements are payable by
.
4.
The accounting firm will report its results to the Court of Queen’s Bench and the
persons interested in the estate by
.
4.1. When the accounting firm has completed its review as directed, it will report the
results, including all exceptions, irregularities, and other pertinent comments, to the
Court of Queen’s Bench and the persons interested in the estate by
.
5.
In particular, the accounting firm is directed to review items numbered __________
from the estate financial statements and to:
5.1
The accounting firm of __________ accepts the terms of this engagement.
Accounting firm
Date
Accountant:
Firm name:
Complete address:
Phone:
Fax:
File no.:
ORDER: ISSUE THIS DIRECTION
JUSTICE OF THE COURT OF QUEEN’S
BENCH OF ALBERTA
DATE
ACC 5.1
COURT FILE NUMBER
COURT
Court of Queen’s Bench of
Alberta (Surrogate Matter)
JUDICIAL CENTRE
ESTATE NAME
152
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Schedule 3
PROCEDURE
Application by the personal
representative(s) to pass accounts formally
DOCUMENT
Accountant’s engagement report
To the Court of Queen’s Bench of Alberta:
1.
This report is prepared solely for submission to the Court of Queen’s Bench of
Alberta, the personal representative(s), and the persons interested in the estate as
identified by the court.
2.
I have reviewed the financial statements for the estate of __________ for the period
__________ to __________, as ordered by the Court of Queen’s Bench on
__________.
3.
These financial statements were prepared by the personal representative(s) and
provided to the court and to me.
4.
My responsibility was to express an opinion on the plausibility of the financial
statements based on my review. This review was made in accordance with generally
accepted standards for review engagements and accordingly consisted primarily of
enquiry, analytical procedures and discussion related to information supplied to me
by the personal representative(s).
5.
A review does not constitute an audit and consequently I do not express an audit
opinion on these financial statements.
6.
Based on my review, nothing has come to my attention that causes me to believe that
these financial statements are not, in all material respects, in accordance with
generally accepted accounting principles.
7.
Accounting firm
Date
Accountant:
Firm name:
Complete address:
Phone:
Fax:
File no.:
153
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Schedule 3
ACC 5.2
COURT FILE NUMBER
COURT
Court of Queen’s Bench of
Alberta (Surrogate Matter)
JUDICIAL CENTRE
ESTATE NAME
PROCEDURE
Application by the personal representative(s)
to pass accounts formally
DOCUMENT
Accountant’s engagement report
To the Court of Queen’s Bench of Alberta:
1.
This report is prepared solely for submission to the Court of Queen’s Bench of
Alberta, the personal representative(s), and the persons interested in the estate as
identified by the court.
2.
I have received the financial statements for the estate of __________ for the period
__________ to __________, as ordered by the Court of Queen’s Bench on
__________.
3.
These financial statements were prepared by the personal representative(s) and
provided to the court and to me.
4.
The court directed me to conduct specified auditing procedures on items numbered
__________ in the financial statements. My responsibility was to report on the
results of applying these procedures, including any errors I found.
5.
I adopted the following procedures for the review:
.
6.
I report as follows:
.
7.
These procedures do not constitute an audit and consequently I do not express an
audit opinion on these financial statements.
Accounting firm
Date
Accountant:
Firm name:
Complete address:
154
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Schedule 3
Phone:
Fax:
File no.:
ACC 6
COURT FILE NUMBER
COURT
Court of Queen’s Bench of
Alberta (Surrogate Matter)
JUDICIAL CENTRE
ESTATE NAME
PROCEDURE
Application by a person
interested in the estate that
accounts be passed formally
DOCUMENT
Application
PARTIES
APPLICANT(S)
RESPONDENT(S)
PERSONAL REPRESENTATIVE(S)
BENEFICIARIES (RESIDUARY)
LIFE TENANTS
BENEFICIARIES (NON
RESIDUARY)
BENEFICIARIES (INTESTACY)
TRUSTEES FOR REPRESENTED
ADULTS
ATTORNEYS APPOINTED
UNDER THE POWERS OF
ATTORNEY ACT FOR
INCOMPETENT ADULTS
MINORS
MISSING PERSONS
UNPAID CLAIMANTS
BONDING COMPANIES
COMPLETE ADDRESS FOR
SERVICE ON THE
APPLICANT(S) OF ANY
155
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Schedule 3
DOCUMENTS IN THIS
ACTION
1.
The applicant(s) request an order:
1.1 Requiring the personal representative(s) to pass accounts formally for the period
__________ to __________ in accordance with the Surrogate Rules.
1.2 Deeming service of documents on all parties sufficient.
2.
Filed with this application is:
2.1
3.
ACC 7
Affidavit of the applicant(s)
Costs proposal:
3.1 Costs of the applicant(s) to be paid by ____________.
Applicable Surrogate Rules
4.
4.1 Surrogate Rule 108(1).
4.2 Any other Surrogate Rule(s) the applicant specifically relies on (specify):
___________________________.
Applicable Statutes
5.
5.1 Estate Administration Act, section 32.
5.2 Any other statutory authority the applicant specifically relies on (specify
statute(s) and section number(s)): ___________________________________.
Applicant
Date
Name:
Complete address:
Lawyers for Applicant(s)
Responsible lawyer:
Firm name:
Complete address:
Phone:
Fax:
File no.:
156
July, 2015
Alberta Rules of Court
Volume 2
NOTICE OF HEARING:
Surrogate Rules
Schedule 3
THIS APPLICATION WILL BE HEARD BY A
JUSTICE OF THE COURT OF QUEEN’S BENCH OF
ALBERTA, JUDICIAL CENTRE OF
:
ON
PLACE
TIME
Please read the enclosed documents carefully so that you can understand what the
application is about.
You will soon be receiving a reply from the personal representative(s) of the estate. The
reply will tell you what position the personal representative(s) are taking about this
application.
1.
The personal representative(s) may consent to the application and apply for a formal
passing of accounts.
In this case:
1.1 The court hearing shown above will be adjourned.
1.2 You will receive copies of the financial statements from the personal
representative(s). If you need more information, you should ask the personal
representative(s) for it.
1.3 You will also receive a notice of objection. This will tell you your choices of
what you can do depending on whether you accept or reject the financial
statements.
1.4 If the financial statements are satisfactory, tick the last box
on the notice of
objection. Sign and return the notice of objection to the trustee(s) with a copy to
the applicant(s).
1.5 If the financial statements are not satisfactory, tick the appropriate boxes on the
notice of objection. Sign and
return the notice of objection to the trustee(s)
with a copy to the applicant(s).
1.6 If all parties are satisfied with the financial statements, there will not be a court
hearing.
2.
The personal representative(s) may object to the application and refuse to apply for a
formal passing of accounts.
In this case:
2.1 The court hearing shown above will take place.
157
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Schedule 3
2.2 You will receive an affidavit from the personal representative(s) before the
hearing that will tell you why they object to the application and refuse to apply
for a formal passing of accounts.
3.
Your position at the court hearing shown above.
3.1 If you also object to the application that accounts be passed formally, you or
your lawyer should come to the hearing and tell the justice your position and
reasons.
3.2 If you support the application that accounts be passed formally, or you have no
position, you or your lawyer should come to the hearing and tell the justice your
position and reasons. Or you can tell the applicant(s) directly and they will tell
the justice what your position is.
3.3 At the end of the hearing, the justice will make an order and you will receive a
copy of it later. You will be bound by the justice’s order.
4.
If you receive no reply from the personal representative(s), the court hearing shown
above will take place.
ACC 7
COURT FILE NUMBER
COURT
Court of Queen’s Bench of
Alberta (Surrogate Matter)
JUDICIAL CENTRE
ESTATE NAME
PROCEDURE
Application by a person
interested in the estate that
accounts be passed formally
DOCUMENT
Affidavit
DEPONENT(S) NAMES(S)
THE DEPONENT(S) EACH SWEAR UNDER OATH OR AFFIRM THAT THE
FOLLOWING INFORMATION IS WITHIN THE DEPONENT’S KNOWLEDGE AND
IS TRUE. WHERE THE INFORMATION IS BASED ON ADVICE OR
INFORMATION AND BELIEF, THIS IS STATED.
Applicant(s)
1.
The applicant(s) are all persons interested in the estate as defined in the Surrogate
Rules.
158
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Schedule 3
Respondents
2.
The respondents are all the persons interested in the estate as defined in the
Surrogate Rules.
Service of documents
3.
The respondents will be served in the manner prescribed in the Surrogate Rules with:
3.1
ACC 6
Application including notice of hearing
3.2
ACC 7
Affidavit of the applicant(s)
Grounds for application
4.
The applicant(s) request that accounts for the period __________ to __________ be
passed formally because __________.
SWORN OR AFFIRMED BY EACH DEPONENT BEFORE A COMMISSIONER FOR
OATHS AT
,
ALBERTA ON
Deponent
Commissioner’s Name:
Appointment Expiry Date:
ACC 8
COURT FILE NUMBER
COURT
Court of Queen’s Bench of
Alberta (Surrogate Matter)
JUDICIAL CENTRE
ESTATE NAME
PROCEDURE
Application by a person
interested in the estate that
accounts be passed formally
DOCUMENT
Reply by the personal
representative(s)
PARTIES
APPLICANT(S)
RESPONDENT(S)
PERSONAL REPRESENTATIVES
BENEFICIARIES (RESIDUARY)
159
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Schedule 3
LIFE TENANTS
BENEFICIARIES (NON
RESIDUARY)
BENEFICIARIES (INTESTACY)
TRUSTEES FOR REPRESENTED
ADULTS
ATTORNEYS APPOINTED
UNDER THE POWERS OF
ATTORNEY ACT FOR
INCOMPETENT ADULTS
MINORS
MISSING PERSONS
UNPAID CLAIMANTS
BONDING COMPANIES
COMPLETE ADDRESS FOR
SERVICE ON THE
PERSONAL REPRESENTATIVE(S)
OF ANY DOCUMENTS IN
THIS ACTION
1.
This reply is in answer to the application by a person interested in the estate that
accounts be passed formally.
2.
The personal representative(s) consent to the application and will apply for a formal
passing of accounts for the period _____ to _____ in accordance with the Surrogate
Rules if there are any objections to the financial statements.
or
2.
The personal representative(s) object to the application and they will not apply for a
formal passing of accounts.
3.
Filed with this reply is:
3.1
ACC 9
Affidavit of the personal representative(s)
4. Costs proposal:
4.1
The costs of the personal representative(s) to be paid by __________.
Personal Representative
Date
Name:
Complete address:
160
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Schedule 3
Lawyers for Personal Representative(s)
Responsible lawyer:
Firm name:
Complete address:
Phone:
Fax:
File no.:
ACC 9
COURT FILE NUMBER
COURT
Court of Queen’s Bench of
Alberta (Surrogate Matter)
JUDICIAL CENTRE
ESTATE NAME
PROCEDURE
Application by a person
interested in the estate that
accounts be passed formally
DOCUMENT
Affidavit of the personal
representative(s) objecting to
passing accounts formally
DEPONENT(S) NAME(S)
EXHIBITS ATTACHED
THE DEPONENT(S) EACH SWEAR UNDER OATH OR AFFIRM THAT THE
FOLLOWING INFORMATION IS WITHIN THE DEPONENT’S KNOWLEDGE AND
IS TRUE. WHERE THE INFORMATION IS BASED ON ADVICE OR
INFORMATION AND BELIEF, THIS IS STATED.
Deponent(s)
1.
The deponent(s) are the personal representative(s) of the estate.
Reasons for objecting to making a formal accounting
2.
The personal representative(s) object to the application that accounts be passed
formally because __________.
SWORN OR AFFIRMED BY EACH DEPONENT BEFORE A COMMISSIONER FOR
OATHS AT
,
ALBERTA ON
161
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Schedule 3
Deponent
Commissioner’s Name:
Appointment Expiry Date:
ACC 10
COURT FILE NUMBER
COURT
Court of Queen’s Bench of
Alberta (Surrogate Matter)
JUDICIAL CENTRE
ESTATE NAME
PROCEDURE
Application by the personal
representative(s) to dispense
with a formal passing of
accounts and to pass accounts
informally
DOCUMENT
Application
PARTIES
APPLICANT(S)
RESPONDENT(S)
BENEFICIARIES (RESIDUARY)
LIFE TENANTS
BENEFICIARIES (NON
RESIDUARY)
BENEFICIARIES (INTESTACY)
TRUSTEES FOR REPRESENTED
ADULTS
ATTORNEYS FOR
INCOMPETENT ADULTS
MINORS
MISSING PERSONS
UNPAID CLAIMANTS
BONDING COMPANIES
COMPLETE ADDRESS FOR
SERVICE ON THE
162
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Schedule 3
APPLICANT(S) OF ANY
DOCUMENTS IN THIS
ACTION
1.
The applicant(s) request an order:
1.1 Deeming service of all documents on all parties sufficient.
1.2 Dispensing with a formal passing of accounts for the period _____ to _____.
1.3 Determining that the personal representative(s) have fully and satisfactorily
accounted to a date to be stated in the order.
1.4 Setting the compensation for the personal representative(s) for the accounting
period.
1.5 Directing distribution of the estate.
1.6 Discharging the personal representative(s).
1.7 Allowing and directing payment of costs (including disbursements and G.S.T.)
of this application to be paid from the residue of the estate.
1.8 Cancelling the bond.
1.9 Providing for any other matters which might be required.
2.
3.
Filed with this application are:
2.1 ACC 11
Affidavit of the personal representative(s)
2.2
Financial statements
2.3 ACC 12
Signed releases
Cost proposal:
3.1 Personal representative(s) costs to be paid from the residue of the estate on a
solicitor/client basis.
3.2 Respondent(s) costs to be paid as ordered by the court.
Applicable Surrogate Rules
4.
4.1 Surrogate Rule 103(1).
4.2 Any other Surrogate Rule(s) the applicant specifically relies on (specify):
_________________________.
163
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Schedule 3
Applicable Statutes
5.
5.1 Estate Administration Act, section 32.
5.2 Any other statutory authority the applicant specifically relies on (specify statute(s)
and section number(s)): ___________________________________________.
Personal Representative
Date
Name:
Complete address:
Lawyers for Personal Representative(s)
Responsible lawyer:
Firm name:
Complete address:
Phone:
Fax:
File no.:
NOTICE OF HEARING: THIS APPLICATION WILL BE HEARD BY A JUSTICE
OF THE COURT OF QUEEN’S BENCH OF ALBERTA,
JUDICIAL CENTRE OF
:
ON
PLACE
TIME
Please read the enclosed application and affidavit carefully so that you can understand
what the application is about.
If you consent to or do not oppose the application, you may:
1.
Tick the last box on the notice of objection. Sign and return the notice of objection to
the trustee(s); or
2.
Do nothing further; or
3.
Attend at the hearing and indicate your position to the court.
If you oppose any part of the application, you must:
1.
Complete and file the enclosed notice of objection with the court described above
five days or more before the hearing, that is by __________; and
164
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Schedule 3
2.
Serve a filed copy of the notice of objection on the applicant. The applicant’s address
for service appears on the application form; and
3.
Come to the hearing and tell the justice what part of the accounting you object to and
why.
If you oppose any part of the application but you do not file and serve the notice of
objection:
1.
You will not be allowed to take part in the proceedings unless the justice specifically
agrees to let you; and
2.
The hearing will take place anyway even if you are not allowed to take part in the
proceedings; and you will be bound by the justice’s order.
In any event, the justice will make an order and a copy of the order will be sent to you
later.
ACC 11
COURT FILE NUMBER
COURT
Court of Queen’s Bench of
Alberta (Surrogate Matter)
JUDICIAL CENTRE
ESTATE NAME
PROCEDURE
Application by the personal
representative(s) to dispense
with a formal passing of
accounts and to pass accounts
informally
DOCUMENT
Affidavit
DEPONENT(S) NAME(S)
DOCUMENTS ATTACHED
Financial statements
THE DEPONENT(S) EACH SWEAR UNDER OATH OR AFFIRM THAT THE
FOLLOWING INFORMATION IS WITHIN THE DEPONENT’S KNOWLEDGE AND
IS TRUE. WHERE THE INFORMATION IS BASED ON ADVICE OR
INFORMATION AND BELIEF, THIS IS STATED.
Applicants
1.
The applicant(s) are the personal representative(s) of the estate.
Respondents
2.
The respondents are all the persons interested in the estate as defined in the
Surrogate Rules who have not signed releases.
165
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Schedule 3
Releases
3.
The following persons who are residuary beneficiaries of the estate have
signed releases indicating their approval of the financial statements, the
schedule of compensation for the personal representative(s) and the schedule
of distribution:
Release #1: _____________(Name) ___
_____
Release #2: _____________(Name)_____
4.
___
The other respondent residuary beneficiaries, who have all received releases
but have not signed them nor communicated with the applicant(s) about the
financial statements, the schedule of compensation for the personal
representative(s) and the schedule of distribution, are
.
4.1 The applicant(s) do not know what position these respondents take.
or
4.2 The position of respondent _________________ is attached or is as
follows:
_______________________________________.
Service of documents
5.
Copies of the financial statements, the schedule of compensation for the
personal representative(s) and the schedule of distribution have been mailed
to all the persons interested in the estate either at their last known addresses
or in care of their lawyers of record.
6.
The respondents will be served in the manner prescribed in the Surrogate
Rules with:
6.1 ACC 10
Application, including notice of hearing
6.2 ACC 11
Affidavit of the personal representative(s)
6.3 ACC 3
Notice of objection
Financial statements
7.
The financial statements:
7.1 Are an accurate statement of the administration of the estate.
7.2 Show all the property and debts of the deceased that the personal
representative(s) have been able to ascertain.
7.3 Show all the property received and debts and claims paid by the
personal representative(s).
166
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Schedule 3
7.4 Are for the period __________ to __________.
7.5 Are __________ accounting.
Claimants
8.
Claimants and amounts not yet paid are:
8.1
.
Advertising for creditors and claimants
9.
.
Distribution
10. No distribution of the deceased’s property has been made except as is
reflected in the financial statements.
11. Once the court approves the financial statements, the personal
representative(s) undertake to distribute the estate property as set out in the
schedule of distribution.
Compensation
12. Compensation for the personal representative(s) is based on
13.
:
.
Reasons for application
14. The applicant(s) are applying for this order because
.
Special matters
15.
.
SWORN OR AFFIRMED BY EACH DEPONENT BEFORE A COMMISSIONER FOR
OATHS AT
,
ALBERTA ON
Deponent
Commissioner’s Name:
Appointment Expiry Date:
167
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Schedule 3
ACC 12
COURT FILE NUMBER
COURT
Court of Queen’s Bench of
Alberta (Surrogate Matter)
JUDICIAL CENTRE
ESTATE NAME
DOCUMENT
Release # __________________
PERIOD COVERED
to
This release has been signed by
of
who is a person beneficially interested in the residue of the estate.
1.
I have received from the personal representative(s) of the estate financial statements
covering the period __________ to __________.
2.
I approve the financial statements including the schedule of distribution and the
schedule of compensation for the personal representative(s).
3.
I understand that I will receive my share of the estate property as shown on the
schedule of distribution, once the personal representative(s) have received releases
from all the necessary beneficiaries.
4.
If all the necessary beneficiaries do not sign a release, I understand that the personal
representative(s) will apply for a court order approving the financial statements or
dispensing with the need to pass accounts formally. The personal representative(s)
will then distribute the estate property according to the order.
5.
Until the financial statements have been approved by all concerned or by the court,
my release will be held in trust.
6.
In signing this release, I release and discharge the personal representative(s), their
heirs, successors, personal representatives and assigns from any further claims by me
against the estate and its property and against the personal representative(s) for their
management and distribution of the estate to the date of this release.
7.
This is
release.
Signature of Beneficiary
Date
Witness to signature of
This document requires an affidavit of execution. Use Form NC 11.
168
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Schedule 3
ACC 13
COURT FILE NUMBER
COURT
Court of Queen’s Bench of Alberta
(Surrogate Matter)
JUDICIAL CENTRE
ESTATE NAME
DOCUMENT
Order in respect of
(matter)
PARTIES
APPLICANT(S)
RESPONDENT(S)
PERSONAL REPRESENTATIVE(S)
BENEFICIARIES (RESIDUARY)
LIFE TENANTS
BENEFICIARIES (NON RESIDUARY)
BENEFICIARIES (INTESTACY)
TRUSTEES FOR REPRESENTED
ADULTS
ATTORNEYS FOR INCOMPETENT
ADULTS
MINORS
MISSING PERSONS
UNPAID CLAIMANTS
BONDING COMPANIES
PERSON(S) WHO HAVE FILED
A FORM C 1 IN RESPECT OF
THIS ESTATE:
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
PARTY FILING THIS DOCUMENT:
DATE ON WHICH ORDER
WAS MADE:
LOCATION OF HEARING:
NAME OF JUDGE WHO MADE
THIS ORDER: The Honourable Justice
169
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Schedule 3
THE COURT HAS:
Reviewed the affidavit and other documents filed in this application;
Heard representations from the parties or counsel for the parties;
Considered the application;
AND THE COURT ORDERS:
1.
JUSTICE OF THE COURT OF QUEEN’S
BENCH OF ALBERTA
NGA 1
Personal Representative’s Notice to Beneficiary
(section 10(1)(a) of the Estate Administration Act)
Notice regarding the estate of (name of deceased) , deceased, who resided in or near
(closest city or town) and died on (date) at or near (closest city or town) .
Instruction to Personal Representative: If the beneficiary was a minor on the date of the deceased’s
death, or is a missing person, represented adult, or adult represented by an attorney under an
enduring power of attorney, include this notice with the Notice to Attorney, Trustee, Guardian, or
Public Trustee (Form NGA 4).
Who is receiving this notice?
1. This notice is given to:
Name:
Complete address:
Who is giving this notice?
2. This notice is given to you by (name of personal representative) , who is named as a
personal representative of the deceased’s estate in a document dated (date) ,
which the personal representative believes to be the deceased’s last will.
If you believe this document is not the deceased’s last will you or your lawyer may
take steps to require the personal representative to prove in court that it is the
deceased’s last will.
Why are you receiving this notice?
3. The personal representative believes you are a beneficiary of the deceased’s estate for
one or more of the following reasons (tick all applicable boxes):
☐ The will gives you the following specific gift:
170
(describe gift) .
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Schedule 3
☐ You are a residuary beneficiary under the will (copy attached). It gives you some or
all of the property remaining in the deceased’s estate after payment of debts and other
claims against the estate, and after distribution of any specific gifts.
☐ You are a beneficiary on a partial intestacy. The will does not dispose of all the
deceased’s property and you may be entitled to some or all of the deceased’s
undistributed property under section ___ of the Wills and Succession Act or section
___ of the Intestate Succession Act, RSA 2000 cI-10.
When will the personal representative distribute the deceased’s property to
beneficiaries?
4. All gifts to beneficiaries are subject to prior payment of the deceased’s debts and
other claims against the estate. The personal representative must collect the
deceased’s property, pay the debts, and complete the administration of the estate.
The personal representative can then account to you and distribute any property
remaining in the estate after payment of debts, claims and the expenses of
administering the estate.
What are the personal representative’s duties and how are they enforced?
5. Alberta’s Estate Administration Act and other laws place duties on the personal
representative, which include communicating regularly with beneficiaries and
maintaining proper financial records. If you believe the personal representative is not
complying with their duties, try to resolve the matter through discussion with the
personal representative. If you are unable to resolve the matter you or your lawyer
may apply to the Court, which may provide a remedy if it is satisfied that the
personal representative is not complying with their duties.
How can you contact the personal representative?
6. You may contact the personal representative for further information:
☐ Telephone no. ________________ ☐ e-mail _________________
☐ Mailing address __________________________________________
☐ Other __________________________________________________
NGA 2
Personal Representative’s Notice to Family Member
(section 10(1)(b) of the Estate Administration Act)
Notice regarding the estate of (name of deceased) , deceased, who resided in or near
(closest city or town) and died on (date) at or near (closest city or town) .
Who is receiving this notice?
1. This notice is given to or on behalf of the following family member of the deceased:
Name:
(name of family member)
Complete address: ____________________________________________
Instruction to Personal Representative: Provide the following additional information if this notice is
given to the family member’s attorney, trustee or guardian or to the Public Trustee:
This notice is given to the following on behalf of that family member:
171
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Schedule 3
☐ the Public Trustee;
☐ the family member’s attorney, trustee or guardian:
Name:
(name of attorney, trustee or guardian)
Complete address: _______________________________________
Who is giving this notice?
2. This notice is given to you by (name of personal representative) , who is named as a
personal representative of the deceased’s estate in a document dated (date) ,
which the personal representative believes to be the deceased’s last will.
If you believe this document is not the deceased’s last will, you or your lawyer may
take steps to require the personal representative to prove in court that it is the
deceased’s last will.
Why are you receiving this notice?
3. The law requires that this notice be given to you because the will does not give you
(or the family member on whose behalf you were given this notice) all the property
in the deceased’s estate. You (or the family member) may be entitled to make a
claim for maintenance and support from the deceased’s estate because you are (or the
family member is)
☐ a spouse or the adult interdependent partner of the deceased,
☐ a child of the deceased who is under the age of 18 years at the time of the deceased’s
death,
☐ a child of the deceased who is at least 18 years of age at the time of the deceased’s
death and unable to earn a livelihood by reason of mental or physical disability,
☐ a child of the deceased who, at the time of the deceased’s death, is at least 18 but
under 22 years of age and unable to withdraw from his or her parents’ charge because
he or she is a full-time student as determined in accordance with the Family Law Act
and its regulations, or
☐ a grandchild or great-grandchild of the deceased
(a) who is under 18 years of age at the time of the deceased’s death,
(b) in respect of whom the deceased, during life, demonstrated a settled intention
to treat as his or her own child,
(c) whose primary home, since birth or for at least 2 years immediately before the
grandparent’s death, was with the grandparent, and
(d) whose primary financial support, since birth or for at least 2 years immediately
before the grandparent’s death, was provided by the grandparent.
Part 5, Division 2 of the Wills and Succession Act* allows a qualified family member to
apply to the Court to receive maintenance and support from the estate. The Court can
change the distribution of the estate and give the family member more or all of the estate
if the Court decides the circumstances warrant it. If you want to take this further, you
should get legal advice immediately.
172
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Schedule 3
*Note: If the deceased died before February 1, 2012, family members have similar
rights to apply for relief under the Dependants Relief Act.
How can you contact the personal representative?
4. You may contact the personal representative for further information:
☐ Telephone no. ________________ ☐ e-mail _________________
☐ Mailing address __________________________________________
☐ Other __________________________________________________
NGA 3
Personal Representative’s Notice to Spouse
(section 10(1)(c) of the Estate Administration Act)
Notice regarding the estate of (name of deceased) , deceased, who resided in or near
(closest city or town) and died on (date) at or near (closest city or town) .
Who is receiving this notice?
1. This notice is given to:
Name:
(name of deceased’s spouse)
Complete address:
Who is giving this notice?
2. This notice is given to you by (name of personal representative) , who is named as a
personal representative of the deceased’s estate in a document dated (date) (copy
attached), which the personal representative believes to be the deceased’s last will.
If you believe this document is not the deceased’s last will you or your lawyer may
take steps to require the personal representative to prove in court that it is the
deceased’s last will.
Why are you receiving this notice?
3. The law requires that this notice be given to you because you are the spouse of the
deceased and the will does not give you all the property in the estate. You may have
a claim under the Matrimonial Property Act on the property in the estate. If you
want to take this further, you should get legal advice immediately.
How can you contact the personal representative?
4. You may contact the personal representative for further information:
☐ Telephone no. ________________ ☐ e-mail _________________
☐ Mailing address __________________________________________
☐ Other __________________________________________________
173
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Schedule 3
NGA 4
Personal Representative’s Notice to Attorney,
Trustee, Public Trustee or Guardian
(section 10(1)(d) of the Estate Administration Act)
Notice regarding the estate of (name of deceased) , deceased, who resided in or near
(closest city or town) and died on (date) at or near (closest city or town) .
Instruction to Personal Representative: Provide a copy of the Personal Representative’s Notice to
Beneficiaries (Form NGA 1), with this notice.
Who is receiving this notice?
1. This notice is given on behalf of the following person who is interested in the estate:
Name:
(name of person interested in the estate)
This notice is given to the following on behalf of that person:
☐ the Public Trustee, or
☐ the person’s attorney, trustee or guardian:
Name:
(name of attorney, trustee or guardian)
Complete address: _______________________________________
Why are you receiving this notice?
2. The law requires that this notice be given to you because you are (tick all applicable
boxes)
☐ the attorney under an enduring power of attorney for the person interested in the
estate,
☐ the trustee for the person interested in the estate,
☐ the guardian of the person interested in the estate, or
☐ the Public Trustee and because the person interested in the estate (tick the applicable
box)
☐ was a minor on the date of the deceased’s death,
☐ is a missing person as defined in the Public Trustee Act, or
☐ is a represented adult for whom the Public Trustee is trustee.
What other notice are you receiving?
3. Included with this notice is a Personal Representative’s Notice to Beneficiaries,
which provides further information about the nature of the interest of the person on
whose behalf you have been given this notice, information about the personal
representative who has given you this notice and information about the estate.
Instruction to Personal Representative: Include the following only if this notice is being given to the
Public Trustee because the person interested in the estate is a minor:
174
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules
Schedule 3
Who is the minor’s guardian?
4. The name and contact information for the minor’s guardian are:
Guardian’s Name ____________________________________________
☐ Telephone no. ________________ ☐ e-mail _________________
☐ Mailing address ___________________________________________
☐ Other ___________________________________________________
DA 1 to DA 18 Repealed AR 10/2010 s5.
AR130/95 Sched.3;135/96;132/2000;53/2001;110/2001;206/2001;251/2001;
201/2003;107/2004;221/2004;7/2005;110/2006;196/2006;306/2006;209/2007;
306/2009;10/2010;101/2010;165/2010;121/2011;10/2012;44/2015
175
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Practice Notes
Surrogate Practice Notes may be added with future updates.
1
February, 2012
Alberta Rules of Court
Volume 2
Surrogate Rules Index
when no applicable rule under, 2(4)
witness fees, 70.8
application
value of security, 40(2), Form C1, Form
C2, Form NC35
attorneys. See also lawyers
grant, applicant for, 13(3), Form NC28,
Form NC29
interested person
contentious matters, 57(g)
formal proof of will, 78
accountant examination of accounts
passing accounts, 115–117, Form ACC4,
Form ACC5.1, Form ACC5.2
accounting
dispensing with formal passing, 103,
Form ACC10–ACC12
court order, 105
notice, proceeding without, 104
objection, 106, Form ACC3
general
documentation, 98
financial statements contents, 98
requirement for accounting, 97
passing accounts
applications
by interested person, 108, Form
ACC6, Form ACC7
consent, 112
objection, 111, Form ACC9
reply, 109, Form ACC8
withdrawal, 110
by personal representative, 107,
Form ACC1–3, Form ACC12
court powers, 113
examination by accountant, 115–117,
Form ACC4, Form ACC5
objection to financial statement, 114,
Form ACC3
releases, 100, ACC12
bond not cancelled, 102
effect of, 101
affidavits
as evidence, 48
bond, dispensing with, 53, Form NC47
claims, 40(2), Form C2
commencing action, 58(b), Form C2
contested claim, 96(1), Form C12
dispensing with bond, 29, Form NC17,
Form NC18
foreign language use in will, 18, Form
NC10
formal passing of accounts, objection to,
111, Form ACC9
of witness, 16, NC8
procedure at hearing, 64(1)(a)
production of testamentary documents,
68
re-seal foreign grant, application to,
13(5)(b), Form NC33
unadministered property, 37(4)
unknown beneficiary, 27, Form NC25
Alberta Rules of Court
application to proceedings, 2(1)
duty imposed on Court, 2(3)
beneficiaries
defined, 1(b)
accounting to (See accounting)
bond, non-resident personal
representative, 28, 29, 31(1), Form
NC18
distribution to
powers of court, 113(2)(h)
time of, Sched. 1, Sched. 1(d)
notice of application, 26(2)
reciduary, defined, 1(m)
unknown, 27, Form NC25
void gift, 14
bonds and other securities
accounting
powers of court, 113(2)(i)
releases not cancelling bond, 102
application for order, 30
minor, trusteeship of estate of, 52–53,
Form NC47
non-resident personal representative, 28–
29, Form NC17, Form NC18
powers of court, 31
caveats. See also contentious matters
frivolous or vexatious, 74
grant
against issue of, 71, Form C3
objection, notice of 73, Form C3,
Form C9
warning to caveator, 72, Form C4
claims
defined, claimants, 1(c)
contested claims, 42, 95–96, Form C11,
Form C12
notice of claim, 96, Form C12
notice of contestation, 95, Form C11
interested in estate, 57(k)
notice by claimant, 39
notice to claimant, 38, Form NC34
1
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules Index
contested claims. See claims
Court of Queen's Bench
maintenance payments, 113(3)
powers of, 70.2
valuation of security, 41, Form C1, Form
C2
verification of claims, 40, Form C1,
Form C2, Form NC35
clerk, duties of, 44–49
codicil. See also will
identification by witness, 16
commence
contentious matter, 58, Form C1, Form
C2
formal proof, 77, Form C5, Form C6,
Form C8, Form C9
contentious matters
defined, 1(d)
application to authorize minor to make
or revoke will, Form C14
applications
under Family Law Act, 70.1(2), Form
C1, Form C2
under Wills and Succession Act, 70.1,
Form C1, Form C2
caveats (See caveats)
chambers, 63, 70.7
claims (See claims)
classes, 62
commencement of action, 58, Form C1,
Form C2
Court powers, 70.2
death, proof of, 94, Form C1, Form C2
family maintenance and support
financial disclosure, 70.9
notice, 61, 70.5
orders, Form C13
parties, 56, 70.3
persons interested in estate, 57
procedure, 64
reply and demand for notice, 58.1, Form
C2, Form C2.1, Form C2.2
representation, 62
security for costs, 69
service
dispensing with service, 64(1)(f)–(g)
documents to be served, 59
method of service, 60, Form NC27
rules that apply, 70.4, 70.6
standing, 57
testamentary documents, production of,
68
time for completion, 70
time limit, 67
trial of an issue, 66
will, formal proof of (See will, formal
proof of)
witness fees, 70.8
Dependent's Relief Act
personal representative's notice when
acting without a grant, 9.1, Form
NGA2
documentation, acceptable, 99
double probate, grant of. See grants,
double probate
Dower Act
family maintenance and support
financial disclosure, 70.9
Estate Administration Act
ancilliary grant, 36
caveat against issue of grant, 71
grant of re-sealed probate or re-sealed
administration, 35
personal representative's notice when
acting without a grant, 9.1, Form
NGA1, Form NGA2, Form
NGA3, Form NGA4
renunciation of personal representative,
32
executors. See personal representative
Family Law Act
application under, 70.1
family maintenance and support
disclosure of information, 70.9
family members
definition of, 57(n)
fees, 44, Sched. 2
financial statement
defined, 1(f)
family maintenance and support
disclosure, 70.9
of personal representative
contents, 98
power of court to vary or amend,
113(2)(b)
requirement for, 97
foreign grant. See also grants, ancillary
as proof of death, signing formalities; or
no will, 35(3), 36(3)
re-seal probate or administration
forms required, 13(5), Form NC32,
Form NC33
grant, 35
2
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules Index
by attorney on application, NC29
dispense with bond, NC17, NC47
double probate, application for
grant, NC31
handwriting of deceased, NC9
missing or unknown beneficiaries,
NC25
personal representative, NC2
service, NC27
translation of non-English will,
NC10
witness to a will, NC8
witness to signature, NC11
ancillary, NC32, NC33
bonds, NC17, NC18
by attorney, NC28, NC29
certificate of valid grant, NC49
double probate, NC30
nomination and consent to
appointment of personal
representative, NC16
notices
beneficiaries
intestacy, NC21
non-residuary, NC20
residuary, NC19
child, minor, NC46
creditors and claimants, NC34
dependent child or minor
grandchild or greatgrandchild, NC24
Public Trustee, NC24.1, NC24.2
rejection, NC26
spouse of deceased, NC22
spouse/adult interdependent partner
of deceased, NC23
rejection notice, NC26
renunciations
administration, NC15
administration with will annexed,
NC14
probate, NC12
re-seal foreign grant, NC32
reservation of right to apply for
grant, NC13
schedules
beneficiaries, NC6
deceased, NC3
inventory, NC7
personal representative, NC5
will, NC4
statutory declarations
creditors and claimants, NC35
creditors and claimants;
publication, NC34.1
foreign language in will, 18
forms, 9, Sched. 3
defined, 1(g)
accounting
direction, ACC4
dispense with formal passing
order, ACC13
personal representative, ACC10,
ACC11
release, ACC12
formal passing
accountant's engagement; report,
ACC5.1, ACC5.2
accountant's engagement; terms,
ACC4
applications
person interested in estate,
ACC6, ACC7
person interested in estate;
objection, ACC9
person interested in estate; reply,
ACC8
personal representative, ACC1,
ACC2
notice of objection or consent,
ACC3
affidavit re application, C2
application, C1
authorize minor to make or revoke will,
C14
contentious matters
generally
affidavit, C2
application, C1
order, C13
caveats
caveat, C3
warning to caveators, C4
withdrawal and discharge, C3.1
contested claims
notices
claim and affidavit, C12
contestation, C11
formal proof
direction, C10
notices
objection to informal grant, C9
persons interested in estate, C8
personal representative, application
by, C5, C6
schedules
previous wills, C7
demand for notice re application, C2.2
grant, application for, NC1, NC2
affidavits
3
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules Index
return and revocation of informal, 93
(See also will, formal proof of)
types of, 10
venue for application, 6
re-seal foreign grant, NC33
trusteeship of estate of minor,
NC43
grants
administration, NC38
administration with will annexed,
NC37
ancillary
administration, NC42
administration with will annexed,
NC41
probate, NC40
double probate, NC39
probate, NC36
minors, administration of estates of
application, NC43, NC44
bond, dispense with, NC47
notice, NC46
trustee, election of, NC45
trusteeship, grant, NC48
notice by personal representative acting
without grant
beneficiary, Form NGA1
family member, Form NGA2
other person, Form NGA4
Public Trustee, Form NGA4
spouse, Form NGA3
reply to application, C2.1
information, additional, 8
interested person. See person interested
in an estate
interpreters. See translation services
Intestate Succession Act
personal representative's notice when
acting without a grant, 9.1, Form
NGA1
lawyers. See also attorneys
as witness, 84(2)
bond, court not to require undertaking,
31(2)
discovery, subject to, 84(2)
legal services, Sched. 1
service upon
contentious matters, 60(1)(d)
grant, notice of application for, 26(3)
legal services. See lawyers
Matrimonial Property Act
family maintenance and support
financial disclosure, 70.9
personal representative's notice when
acting without a grant, 9.1, Form
NGA3
minors
application to authorize minor to make
or revoke will, Form C14
defined, 1(j), 54.1(1)
minor testator, 21
monies payable to, 113(2)(j)
trusteeship of estate of
application, 50, Form NC43, Form
NC45
application of rules, 54
application under Wills and
Succession Act, 54.1, Form C2,
Form C14
bond, 52–53, Form NC47
notice, publication of, 50, Form NC43,
Form NC45
missing person
interested in estate, 57(i)
Public Trustee
interested in estate, 78(c)
notice to, 59(2)
gifts, void, 14, Form NC20.1
grants
ancillary
forms required, 13(5), Form NC30,
Form NC31
when available, 36
caveat against issue (See caveats)
double probate, reservation of right to
apply, 34, Form NC13, Form
NC30, Form NC31
foreign grant (See foreign grant)
formal proof, applications, 75
limited, 12
maximum persons, 10(3)
minor, trusteeship of estate of, 50, Form
NC43, Form NC44, Form NC45
nominations, 33, Form NC16
objection to (See caveats)
probate or administration
forms required, 13(1), 13(3)
renunciation of, 32, Form NC12, Form
NC14, Form NC15
re-seal probate or administration (See
foreign grant)
4
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules Index
objection, notice of, 114, Form ACC3
application for directions, 4, Form C1
applications, 75
action commenced, 79
documents required, 77(1)(b), Form
C5, Form C6, Form C8, Form
C9
bond
application for, 30
conditions imposed, 31(1)(d)
classes of persons, 57
directions, application for, 80
missing person, 59(2)
standing, 57, 78
will lost or destroyed, 76
personal representative
defined, 1(l)
acting without grant, notice
beneficiary, 9.1(1), Form NGA1
family member, 9.1(2), Form NGA2
other person, 9.1(4), Form NGA4
Public Trustee, 9.1(4), Form NGA4
service, 9.1(5)
spouse, 9.1(3), Form NGA3
application for direction, 4, Form C1
bond
non-resident, 28–29, Form NC17,
Form NC18
powers of court, 31
compensation, Sched. 1
contentious matter, party, 56
grant, application for
ancillary grant, 36
double probate, 34(1)(b), Form NC30,
Form NC31
foreign grant, re-sealed, 35
nominations, 33, Form NC16
reservation of right to apply, 34(1),
Form NC13
unadministered property, 37
incapacity of, 10(c)
notice
acting without grant, 9.1, Form
NGA1, Form NGA2, Form
NGA3, Form NGA4
renunciation of, 32, Form NC12, Form
NC14, Form NC15
power of attorney. See attorneys
Public Trustee
application under Rule 75, 78(c), 78(f)
missing person, 59(2)
payment to, 113(2)(j)
payment to, 113(2)(j)
National Defence Act (Canada)
minor testator, 21
notice
by claimant, 39
dispensed with, 64(1)(f), 64(1)(g)
grant, application for, 26, Form NC19–
NC24.1
minor, intention to apply for trusteeship
of estate of, 51, Form NC46
missing person, 59(2)
objection, 73, Form C9
passing of accounts, regarding, 114,
Form ACC3
of claim, 95
of contestation, 95
order for, 64(1)(f)
passing of accounts
dependent adult, estate of
trustee, application by, Form C12
hearing, 112(1)(b), 113(1)(a)
interested person, application by,
108(2), 109, Form ACC6, Form
ACC10
objection, 112(1)(b), 113(1)(a)
personal representative, application
by, 108(2), 109, Form ACC 1,
Form ACC2, Form ACC3,
Form ACC12
personal representative, acting without
grant
beneficiary, 9.1(1), Form NGA1
family member, 9.1(2), Form NGA2
other person, 9.1(4), Form NGA4
Public Trustee, 9.1(4), Form NGA4
service, 9.1(5)
spouse, 9.1(3), Form NGA3
proof of death, 94(2), Form C1, Form C2
standing, 65
to attend or produce, 5
to claimants, 38, Form NC34.1
person, defined, 1(j)
person interested in an estate
accounting
application for, 97(3)
formal accounting
application for, 108, Form ACC6,
Form ACC7
dispensed with, 103–106, Form
ACC10, Form ACC11, Form
ACC12
5
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules Index
instructions, 84(2)
mark, use of, 17
minor testator, 21
translation services
non-English will, NC10
void gifts, 14
trustees. See also Public Trustee
minor, estate of (See minors)
personal representative definition
includes, 1(1)
Public Trustee Act
personal representative's notice when
acting without a grant, 9.1, Form
NGA4
Queen's Bench, Court of. See Court of
Queen's Bench
recorded mail, defined, 1(1.1)
residuary beneficiary
defined, 1(m)
interested in estate, 57(a)
notice of application for grant, 26(2)
releases, accounting, 100, Form ACC12
unadministered property
application for grant, 37, 70.1
unborn child. See also minors
defined as minor, 1(i)
Schedule 3: Personal representatives,
NC5
securities. See bonds and other securities
service
accounting (See accounting)
contentious matters (See contentious
matters)
dispensed with, 64(1)(f), 64(2)
grant, application for, 26(3), Form NC27
lack of, effect on order, 91(2)
methods of, 60(1)
court directed, 5(2)
notice to attend or produce, 5(2)
passing of accounts, time limits, 107–
108, 112, 113(1)(a)
proof of, 60(2), Form NC27
sign, defined, 1(n)
signing
date, proof of, 20
foreign grant, 13(5)(e), 35(3)(a), 36(3)(a)
formal proof
discovery, 84(2)
evidence, 84
hearing in chambers, 83
formalities, proof of, 16(3), Form NC8
witnesses unavailable, when, 19
testamentary capacity, proof of, 17
stay, application operating to, 75(3)
venue, 6
void gift, 14, Form NC20.1
will
defined, 1(o)
alterations, 25
application to authorize minor to make
or revoke will, Form C14
attached to grant, 15, 22
date, proof of, 20
foreign language, 18
formal proof (See will, formal proof of)
holograph, 16(4)
identification by witness, 16
lost will, 24
personal representative's notice when
acting without a grant, 9.1, Form
NGA 2
previous wills, Form C7
void gift, 14
witnesses unavailable, 19, Form NC9
will, formal proof of
appeal, 92
applications, 75
personal representative, response of,
79
special applications, 80
standing, 78
chambers
discovery, 84
evidence, 84
hearing in, 83
court may require, 81
decisions, order of, 86
documents to be served, 77, Form C5,
Form C6, Form C8, Form C9
testator
blind, 17
capacity, proof of, 17, 84(2)
discovery, subject to, 84(2)
English, not fully understanding, 17
having another person sign, 17
illiterate, 17
6
July, 2015
Alberta Rules of Court
Volume 2
Surrogate Rules Index
fees, 89
informal grant, return and revocation of,
93
order final, 91
original will lost or destroyed, 76
parties, 82
powers of court, 90
proceedings
order of, 87
other, 88
trial, 85
Wills and Succession Act
applications under, 70.1
definitions
family members, 57(n)
minor, 54.1(1)
family maintenance and support
financial disclosure, 70.9
formal proof of will, 84(2)
minor testator, 21
personal representative's notice when
acting without a grant, 9.1, Form
NGA1, Form NGA2
trusteeship of estate of minor under, 54.1
void gifts, 14
witness
compellable, 84(2)
cross-examination of, 62(1)(c)
date of will, 20
dead or unavailable, 19, 23
discovery, 84(2)
fees, 70.8, 89
identification of will, 16, Form NC8
proof of signing of will, 17, 83
void gift, 14
7
July, 2015
Alberta Rules of Court
Volume 2
Court of Queen’s Bench
Notices to the Profession and Public
Notice to the Profession
Repeal of Civil Practice Notes
November 1, 2010
The following Practice Notes are repealed, effective November 1, 2010.
Civil Practice Note 3 (Pretrial Conferences)
Civil Practice Note 4 (Setting Down for Trial)
Civil Practice Note 8 (Summary Trials)
Civil Practice Note 9 (Dependent Adults)
Civil Practice Note 11 (Court Annexed Mediation)
Civil Practice Note 12 (Media Reporting)
All other Civil Practice Notes remain in force, but to the extent that there is any
inconsistency between the New Rules and a Civil Practice Note, the New Rules
will prevail.
Neil C. Wittmann,
Chief Justice
John D. Rooke,
Associate Chief Justice
Notice to the Profession
Repeal of Family Practice Notes
November 1, 2010
The following Practice Notes are repealed, effective November 1, 2010.
Family Practice Note 2 (Notice to Disclose)
Family Practice Note 4 (Ex Parte Restraining Orders)
Family Practice Note 6 (Notice to Reply)
Family Practice Note 10 (Children’s Services Intervention)
All other Family Practice Notes remain in force, but to the extent that there is any
inconsistency between the New Rules and a Practice Note, the New Rules will
prevail.
Neil C. Wittmann,
Chief Justice
John D. Rooke,
Associate Chief Justice
1
July, 2015
Alberta Rules of Court
Volume 2
Court of Queen’s Bench
Notices to the Profession and Public
Notice to the Profession
New Rules of Court and Forms – Grace Period
November 1, 2010
The new Alberta Rules of Court, which come into effect on November 1, 2010,
have prescribed a number of forms and introduced many procedural changes for
the Court of Queen's Bench. It is the responsibility of litigants or their counsel to
ensure that, starting on November 1, 2010, they are fully complying with the new
Rules of Court.
However, to ensure continued access to justice for litigants, the Court is of the
view that a reasonable grace period should be observed until December 31, 2010,
before the requirement for compliance is more strictly enforced. Staff are
encouraged to be liberal in their interpretation of compliance, particularly when
lack of compliance is minor, or is a matter of form rather than substance, and a
reminder would suffice.
For example, if a document is submitted for filing in a format used under the
previous Alberta Rules of Court (AR 390/68), it is the expectation of the Court
that such documents will be accepted for filing by the clerk of the court for the
duration of this grace period.
After January 1, 2011, as a result of a review of the practices observed by the
Court, the requirements of compliance may be more strictly enforced.
In the meantime, should any party or counsel feel aggrieved by an interpretation
of a Rules or forms requirement made by Court Services staff during this interim
period, parties or their counsel are reminded that they may apply to the Court on
notice to the party or parties opposite.
Neil C. Wittmann,
Chief Justice
John D. Rooke,
Associate Chief Justice
Notice to the Profession
Case Conferences – Rule 4.10
December 7, 2010
Rule 4.10 of the Alberta Rules of Court provides that a Case Conference may be
held on the direction of the Court. The Court directs that a Case Conference be
held prior to any matter being entered for trial, where one or more of the parties
is a self represented litigant, in the following Judicial Centres or sitting points,
namely: Drumheller, Fort McMurray, Grande Prairie, High Level, Hinton, Peace
River, and St. Paul.
2
July, 2015
Alberta Rules of Court
Volume 2
Court of Queen’s Bench
Notices to the Profession and Public
This requirement may be waived by the Order of a Justice of this Court.
Neil C. Wittmann,
Chief Justice
Neil C. Wittmann,
for John D. Rooke,
Associate Chief Justice
Notice to the Profession
Calgary Masters List
July 13, 2011
In order to allow sufficient time for applications to be heard and to even out the
daily lists, a pilot project will start September 1, 2011, to restrict the number of
matters to be heard each morning in Calgary Masters Motions court. The filing
clerk will begin monitoring the number of applications returnable on upcoming
dates. A notice board will be installed in the filing office to notify all persons
filing applications when a maximum of 65 matters have been filed for hearing on
a given date. No further applications will be accepted for that date. Adjournments
from other hearing days will also be entered. The goal is to have no more than 80
matters in Masters Motions Court each day.
As in the past, matters can still be adjourned in court and, with consent of all
participants, by phone or by fax.
Neil C. Wittmann,
Chief Justice
Notice to the Profession
Case Management Counsel Pilot Project
NP#2011-03
September 30, 2011
The Court of Queen's Bench of Alberta has commenced a Case Management
Counsel Pilot Project in Edmonton and Calgary to assist in the orderly,
proportionate, focused and expeditious handling of civil files (including family)
streamed into case management. The Pilot Project will address civil actions filed
in the Judicial Centres of Edmonton and Calgary only.
Authority and Duties of Case Management Counsel
Case Management Counsel’s responsibilities may include:
3
July, 2015
Alberta Rules of Court
Volume 2
•
•
•
•
•
•
•
•
•
Court of Queen’s Bench
Notices to the Profession and Public
Assisting to narrow and or resolve issues;
Assisting with scheduling and the development of litigation plans;
Providing guidance to parties, including discouraging
unnecessary/inappropriate applications;
Vetting applications to ensure parties are in a position to proceed;
Monitoring and assisting in the management of the litigation;
Facilitating the preparation of consent orders for presentation to the Case
Management Justice;
Directing parties to appropriate services and procedures, including dispute
resolution processes;
Attending Case Management meetings between the Case Management
Justice and parties/counsel as directed by the Case Management Justice; and
Reporting and providing advice to the Chief, Associate Chief and or Case
Management Justice as required.
Case Management Counsel has authority as a referee by virtue of her or his
appointment as a Deputy Clerk of the Court pursuant to section 17 of the Court
of Queen's Bench Act.
Referral to Case Management Counsel
Upon the appointment of a Case Management Justice, actions may be referred in
the first instance by the Court to Case Management Counsel. Cases that have
already been streamed into case management may also be referred to Case
Management Counsel in circumstances where the Case Management Justice
deems it appropriate.
In Edmonton, meetings with Case Management Counsel, Sandra L. Schulz, QC,
can be booked through the Case Management Coordinator, Sharon Hinz, at (780)
644-7389.
In Calgary, meetings with Case Management Counsel, Susan Borsic-Drummond,
can be booked through the Case Management Coordinator, Sheila O’Brien, at
(403) 297-2455.
Pilot Project Evaluation
There will be periodic reviews of the Case Management Counsel Pilot Project.
Comments and suggestions concerning this Pilot Project are encouraged and can
be delivered to the Chief Justice or the Associate Chief Justice. Should
amendments be required to the Pilot Project, a further Notice to the Profession
may be issued.
_
Neil C. Wittmann,
Chief Justice
John D. Rooke,
Associate Chief Justice
4
July, 2015
Alberta Rules of Court
Volume 2
Court of Queen’s Bench
Notices to the Profession and Public
Notice to the Profession
Amendments to the Surrogate Rules and Forms - Grace Period
NP#2011-05
December 19, 2011
Amendments to the Surrogate Rules arising out of the new Wills and Succession
Act, which come into effect on February 1, 2012, have prescribed a number of
new forms and introduced several procedural changes for the Court of Queen’s
Bench. It is the responsibility of litigants or their counsel to ensure that, starting
on February 1, 2012, they are fully complying with the amendments to the
Surrogate Rules.
However, to ensure continued access to justice for litigants, the Court is of the
view that a reasonable grace period should be observed until April 30, 2012,
before the requirement for compliance is more strictly enforced. Staff are
encouraged to be liberal in their interpretation of compliance, particularly when
lack of compliance is minor, or is a matter of form rather than substance, and a
reminder would suffice.
For example, if a document is submitted for filing in a format used under the
previous Surrogate Rules, it is the expectation of the Court that such documents
will be accepted for filing by the clerk of the court for the duration of this grace
period.
After May 1, 2012, as a result of a review of the practices observed by the Court,
the requirements of compliance may be more strictly enforced.
In the meantime, should any party or counsel feel aggrieved by an interpretation
of a Rules or forms requirement made by Court Services staff during this interim
period, parties or their counsel are reminded that they may apply to the Court on
notice to the party or parties opposite.
_
Neil C. Wittmann,
Chief Justice
John D. Rooke,
Associate Chief Justice
Notice to the Profession
Summer Sittings Pilot Project
NP#2011-04
December 22, 2011
The Court of Queen’s Bench of Alberta is instituting a pilot project for summer
trial sittings in Calgary and Edmonton. Commencing January 15, 2012, the Civil
and Criminal Trial Coordinators will have the ability to book non-jury criminal
and civil trials, that are not expected to take longer than 5 days, to be heard
5
July, 2015
Alberta Rules of Court
Volume 2
Court of Queen’s Bench
Notices to the Profession and Public
during the period of July 3, 2012 to August 31, 2012. There will be space on the
Court schedule for one criminal trial and one civil trial, in each of Calgary and
Edmonton, per week.
_
Neil C. Wittmann,
Chief Justice
John D. Rooke,
Associate Chief Justice
Notice to the Profession
Waiver of Dispute Resolution Before Trial
NP#2011-06
December 22, 2011
Applications to waive a dispute resolution process pursuant to Rule 4.16(2) shall
be made to the Case Management Judge, or if there is no Case Management
Judge available, to any Justice of the Court of Queen’s Bench.
Notice to the Profession NP 2010-07, which directed that such applications be
made to the Chief Justice or the Associate Chief Justice, is no longer in effect.
_
Neil C. Wittmann,
Chief Justice
John D. Rooke,
Associate Chief Justice
Notice to the Profession
Criminal Case Management
NP#2012-04
June 29, 2012
Section 551.1 (1) of the Criminal Code allows the Chief Justice or a designated
judge to appoint a Case Management Judge if he or she is of the opinion that it is
necessary for the proper administration of justice. The Chief Justice or his
designate may order a conference between the prosecutor and the accused or
counsel for the accused, or a hearing be held for the purpose of deciding if the
appointment will be made. The Chief Justice has designated Associate Chief
Justice Rooke for the purpose of appointing a Case Management Judge for a trial
that is to occur in the Judicial Centre of Edmonton. All other applications arising
out of trial to be held in any other judicial centre will be made to the Chief
Justice.
A party seeking the appointment of a Case Management Judge should provide to
the Chief Justice or Associate Chief Justice (as applicable) the following:
(a) the names of all counsel;
(b) a copy of the indictment;
6
July, 2015
Alberta Rules of Court
Volume 2
Court of Queen’s Bench
Notices to the Profession and Public
(c) a list of proposed voir dire and trial witnesses;
(d) a list of all pre-trial applications and voir dires that are proposed to be
heard by a Case Management Judge before trial, as well as the
anticipated duration and proposed dates for each;
(e) reasons why the appointment of a Case Management Judge is
necessary for the proper administration of justice and, additionally
(i) any reason(s) why any pre-trial applications and/or voir dires
cannot be heard at the beginning of the trial;
(ii) any reason(s) why the scheduling of an early pre-trial conference
would not be sufficient in lieu of case management;
(iii) any other reason(s) that might justify the appointment of a Case
Management Judge; and
(f) any reason(s) why the Case Management Judge should not be the Trial
Judge.
Upon appointment, the Case Management Judge will be presumed to be the Trial
Judge unless otherwise ordered by the Chief Justice, the Associate Chief Justice
or the Case Management Judge.
Neil C. Wittmann,
Chief Justice
John D. Rooke,
Associate Chief Justice
Notice to the Profession
Changes to S. 525 Detention Review and
S. 520 Bail Review Hearings Edmonton
NP#2012-05
August 29, 2012
As a pilot project, effective October 1, 2012, the following changes will take
place in Detention Review and Bail Review hearings in Edmonton:
S. 525
1. Up to 30 s. 525 detention reviews will take place each Wednesday between 9
and 10 am, commencing October 3, 2012. A review will be set for the first
Wednesday that falls 10 days after a notice to set such a review is received from
the Institution in which the accused is remanded.
2. Upon receipt by the Court of a notice from an Institution to set a detention
review (para.1), a Notice providing the date for the detention review hearing in
an individual case will be forwarded, together with a No-Contest and/or Waiver
of Attendance Form (attached), to the Institution and the accused (care of the
Institution), the Crown, and Defence Counsel, if known.
7
July, 2015
Alberta Rules of Court
Volume 2
Court of Queen’s Bench
Notices to the Profession and Public
3. At the time of the Notice (para.2) an order directing the accused to be brought
forward for the hearing will be made and executed unless, prior to the hearing, it
is revoked because: detention is not contested; or, if contested, the accused
specifically waives his attendance at the detention review hearing (para.6).
4. On the date of the scheduled detention review hearing, Counsel for the Crown
and the Defence (if the latter is appointed), and the accused (subject to para.3),
are expected to attend, although the matter may be adjourned in advance by
notice to the Queen’s Bench Criminal Office up until the Thursday prior to the
hearing date by Counsel/the accused to a specific Wednesday not more than 2
weeks in the future by fax notice to the other side and the Queen’s Bench
Criminal Office (780-422-3458). Alternatively, the matter may be adjourned
before the presiding Justice at the hearing, after which all further adjournment
requests must be made in person.
5. Any material to be relied upon at the hearing (e.g. including transcripts (if
any), etc.) must be filed with the Queen’s Bench Criminal Office by noon on the
Friday before the hearing. Late filing of any material will be allowed only on
judicial fiat on consent from, or notice to, the other side.
6. A new procedure will be employed for notification of “no contest” as to
detention, and/or waiver of the accused’s attendance:
(a) if the accused wishes to not contest his/her continued detention, s/he or
his/her Counsel must file with the Crown and the Criminal Office, a
No-Contest and/or Waiver of Attendance Form (attached), duly
completed, signed by the accused, by the Thursday before the hearing.
The matter will then be marked as a “desk” application and will be
reviewed by the assigned Justice (along with information provided for
such a desk application by the Crown as to next step in the proceeding
and other relevant information that continue to justify detention) and a
decision will be made by an Order delivered to the Criminal Office, or
recorded on the record on the date the matter was originally slated for
hearing; and
(b) if the accused does not wish to attend the detention review hearing,
s/he or his/her counsel must file with the Crown and the Criminal
Office, a No-Contest and/or Waiver of Attendance Form (attached),
duly completed, signed by the accused, by the Thursday before the
hearing.
7. At the hearing, matters with Defence Counsel present will normally be heard
first.
S. 520
8. Section 520 bail reviews will be conducted as present, with the following
changes
8
July, 2015
Alberta Rules of Court
Volume 2
Court of Queen’s Bench
Notices to the Profession and Public
(a) eight bail reviews will be booked, (not longer than 10 minutes each)
using the current Bail Review Application form, accompanied by the
transcript (if any) of the original bail application, and any other
relevant documents (two clear days prior to the hearing). Late filing of
any materials is subject to consent from, or notice to the other side and
a judicial fiat; and
(b) the former practice of queue jumping by filing an application/motion
and supporting affidavit(s) will no longer be utilized - rather, effective
immediately, an addition to the bail review list for a given date may
only be obtained by judicial fiat on the Bail Review Application form
from the justice destined to hear the application or judicial supervisor,
with the consent of both the Crown and Accused.
John D. Rooke,
Associate Chief Justice
FILE NO. _______________
IN THE COURT OF QUEEN’S BENCH OF ALBERTA
JUDICIAL CENTRE OF EDMONTON
BETWEEN:
HER MAJESTY THE QUEEN
CROWN
- and _________________________
ACCUSED
CRIMINAL CODE, SECTION 525 - DETENTION REVIEW
NO-CONTEST AND/OR WAIVER OF ATTENDANCE FORM
9
July, 2015
Alberta Rules of Court
Volume 2
Court of Queen’s Bench
Notices to the Profession and Public
I,____________________________(the Accused) understand that I am entitled
to have my continuing detention in custody reviewed by a Justice of the Court of
Queen's Bench of Alberta. I also understand that I am entitled to be personally
present when the Court conducts the review.
Regarding my rights:
1.
I (do/do not) (cross out and initial one) seek to be released at this time.
2.
I (wish/do not wish) (cross out and initial one) to be present at the
hearing to review my continuing detention.
Witness:
Accused:
_____________________________
(Signature)
_____________________________
(Signature)
_____________________________
(Print Name)
_____________________________
(Print Name)
Notice to the Profession
Repeal of Family Law Practice Note 7
New Family Law Practice Notes 7 And 8
September 28, 2012
Effective October 1, 2012, Court of Queen’s Bench Family Law Practice Note 7
“Use of Independent Parenting Experts” has been repealed, and replaced with
Family Law Practice Note 7 “Interventions” and Family Law Practice Note 8
“Parenting Time/Parenting Responsibilities Assessments”.
Neil C. Wittmann,
Chief Justice
John D. Rooke,
Associate Chief Justice
10
July, 2015
Alberta Rules of Court
Volume 2
Court of Queen’s Bench
Notices to the Profession and Public
Notice to the Profession
Mandatory Dispute Resolution
Requirement Before Entry for Trial
NP#2013-01
February 12, 2013
Rules 8.4(3)(a) and 8.5(1)(a) of the Alberta Rules of Court will not be enforced
by the Court of Queen’s Bench of Alberta until such time as the judicial
complement of the Court and other resources permit reinstatement. Effective
immediately, parties may enter matters for trial without complying with these
Rules.
Neil C. Wittmann,
Chief Justice
John D. Rooke,
Associate Chief Justice
Notice to the Profession
Priority of Assignment of Judicial Dispute
Resolution Under Rule 4.16(1)
NP#2013-03
April 29, 2013
Further to NP#2013-01 dated January 12, 2013 (not enforcing mandatory dispute
resolution before entry for trial), and during its currency, the assignment of
Judicial Dispute Resolution (JDR) hearings in Edmonton and Calgary, pursuant
to Rule 4.16(1)(c), shall, on the effective date for booking after the schedule of
JDR Justices is released for each upcoming term, be on a first filing1 basis, on the
following priority:
(a) for the first 24 hours, cases of the type identified in (b) to (d) that have
been “wait listed” during a previous term but not yet heard;
(b) for the next 24 hours, family law cases, with child issues involved, that
are ready for trial2;
(c) for the next 24 hours, family law cases, with child issues involved,
whether or not ready for trial;
(d) for the next 24 hours, any case that is ready for trial;
(e) for the next 24 hours, any case other than (a) that has been “wait listed”
during a previous term; and
(f) any other case.
11
July, 2015
Alberta Rules of Court
Volume 2
Court of Queen’s Bench
Notices to the Profession and Public
In Judicial Centres outside Calgary and Edmonton, the order of priority
principles set out above will be considered by the Court Coordinators for
booking JDR hearings.
Neil C. Wittmann,
Chief Justice
John D. Rooke,
Associate Chief Justice
_____________________
1
As to dates and procedures for the release of the JDR booking schedule,
opening date and time for booking, and filing procedures, see the Court’s
website under “Assignments”.
2
For the purpose of this Notice of Profession “ready for trial” is defined as
those cases for which all parts of Form 37 has been completed and certified,
except the dispute resolution requirement in para 5.(a) of Form 37.
Notice to the Profession
Commercial Appearance Court (“COM AC”)
NP#2013-04
July 18, 2013
On a trial basis commencing Tuesday, July 2, 2013, a commercial duty Justice
will be available in open chambers in Calgary at 10:00 a.m. every Monday (or
Tuesday if Monday is a non-sitting day) and in Edmonton at 2:00 p.m. every
Tuesday to deal with urgent, scheduling and consent matters and applications for
extensions of time to file materials for pending motions (each of which must take
no more than 10 minutes) and opposed applications for adjournments of matters
scheduled to be heard during the week.
No pre-bookings for these appearances are necessary. Unless it is not reasonably
possible, counsel are responsible for providing copies of all necessary filed and
to-be-filed documents directly to the presiding duty justice by noon of the
previous Friday.
This is a pilot program and will be reviewed in approximately six months
Neil C. Wittmann,
Chief Justice
John D. Rooke,
Associate Chief Justice
12
July, 2015
Alberta Rules of Court
Volume 2
Court of Queen’s Bench
Notices to the Profession and Public
Notice to the Profession
CCTV Proceedings From Edmonton Remand Centre
NP#2013-05
September 18, 2013
Effective October 15, 2013, the Court shall (subject to the Court ordering
otherwise in individual cases) require the use of CCTV video link for the
following appearances in the Edmonton Judicial District, by persons in-custody
in the Edmonton Remand Centre (ERC):
a) Bail Review Applications,
b) Detention Review Applications,
c) Bail Forfeitures, and
d) Queen’s Bench Appearance Court (QBAC) arraignments, first
appearances, summary disposition/guilty pleas and TST (to speak to).
At the effective date, the default will be that accused persons in custody will be
required to appear in person only where:
a) the evidence of a witness will be taken at the hearing, or
b) the Court is unable to conclude that the accused understands the
proceedings and can make voluntary decisions during the proceedings,
or
c) the accused has not filed a Designation of Counsel with the Court
(subject to other Court direction), or
d) an interview with a physician is required for a forensic assessment, or
e) a Court Order has been granted requiring/allowing an accused to
appear in person.
Those accused who will be appearing by video-link will be identified within the
remand system as “QB CCTV”, and transported to the video centre at the
Remand Centre at approximately: 8:15 am on the morning of their appearance,
with the exception of bail forfeitures; and 1:00 pm for bail forfeitures.
When each remanded accused is to appear, an announcement will be made in
Court that the accused is appearing by way of CCTV. The matter can be dealt
with either by duty counsel or defence counsel present in the courtroom.
Counsel can interview their client via the video booth on the 2nd floor of the
Edmonton Law Courts.
Reviews of this program will be undertaken from time to time, to consider
adjustments necessary to ensure the system provides for the needs of the users of
the system.
13
July, 2015
Alberta Rules of Court
Volume 2
Court of Queen’s Bench
Notices to the Profession and Public
Neil C. Wittmann,
Chief Justice
John D. Rooke,
Associate Chief Justice
Notice to the Profession
Citation of Authorities
NP#2013-06
September 18, 2013
1.
This Notice to the Profession clarifies and recommends the practice and
procedure for the citation of authorities and applies to all proceedings at the
Alberta Court of Queen’s Bench [the “Court”].
2.
The Court officially adopts the Canadian Guide to Uniform Legal Citation,
7th ed (Toronto: Carswell, 2010) [McGill Guide, 7th edition] for the
recommended use of the Bar and Bench whenever an authority is cited in
written or oral submissions. This Notice to the Profession prevails where the
McGill Guide, 7th edition is inconsistent with its directions.
3.
Use bold for the style of cause. Italicize the names of the parties and the
letter “v” between parties. Do not use “et al” for multiple parties.
4.
For Canadian cases, use the neutral citation first, where available, otherwise
cite to a printed law reporter or an electronic source. The phrase “(available
on …)” is not required after the neutral citation. Do not cite to summaries,
headnotes or digests.
5.
After the first citation, parallel citation to official or semi-official printed law
reporter is optional, prior to an electronic or unofficial source. Do not exceed
two sources. If desired or required, insert the judge’s name followed by “J”
for Justice, “CJ” for Chief Justice, “ACJ” for Associate Chief Justice, and
“JA” for Justice of Appeal, without periods.
6.
If you are making a pinpoint citation to a particular statement, cite to the
paragraph number, when available; otherwise, cite accurately to the page
number in the printed reporter. Where your source is an electronic database
and the paragraph numbers differ between electronic sources and a printed
reporter, you should confirm the source used by adding “QL”, “WL” or
“CanLII” at the end of the citation, when that source is non-obvious from the
citation.
7.
Provide the full citations of statutes and regulations in accordance with the
McGill Guide, 7th edition. This direction is optional when citing the Alberta
Rules of Court. Use the lowercase letter “r’ and not the capital letter “R”
when referring to a particular rule. Avoid using the phrase “New Rules”
except when comparatively relevant.
14
July, 2015
Alberta Rules of Court
Volume 2
Court of Queen’s Bench
Notices to the Profession and Public
8.
Only capitalize “Judge” or “Justice” when referring to a judge by name; use
the lower case “judge” or “justice” in the descriptive process. Refer to
members of this Court as “Mr Justice” or “Madam Justice” (as appropriate)
or “Justice,” in addition to the continuing use of “My Lord” or “My Lady”
(as appropriate). Capitalize “Court” when referring to a specific court and
use the lower case “court” as a descriptive term.
9.
When citing cases, use the following format:
(i) reported case: R v Cooper, 2002 ABCA 156, 303 AR 399.
(ii) reported case with pinpoint reference: R v Cooper, 2002 ABCA 156 at
para 3, 303 AR 399.
(iii) unreported (in printed or electronic format) case:
True North Land v Hamilton (5 September 1996), Calgary 960105486 (Alta QB).
10. For secondary sources, use the following format:
(i) Book: Lewis N Klar, Tort Law, 5th ed (Toronto, Ont: Carswell, 2012).
(ii) Journal article: David J Mullan, “Dunsmuir v New Brunswick, Standard
of Review and Procedural Fairness for Public Servants: Let's Try
Again!” (2008) 21 Can J Admin L & Prac 117.
11. When subsequently referring to a cited authority and it is either necessary to
distinguish it from similarly named authorities or appropriate and convenient
for readability, create a short name in square brackets.
12. The print in your written submissions should be 12-point font for all text,
including citations. Use one and a half spaced lines, excluding quotations
from authorities or enactments that should be single-spaced and, if more than
four lines, indented by at least one-inch margin.
13. The contents of your Book of Authorities should match the authorities cited
in your submissions, especially in reference to the paragraph or page
numbering. Avoid duplicating authorities referenced in another party’s
earlier book of authorities and cite to it, when relevant. The Court
recommends the use of joint book of authorities by parties.
Neil C. Wittmann,
Chief Justice
John D. Rooke,
Associate Chief Justice
15
July, 2015
Alberta Rules of Court
Volume 2
Court of Queen’s Bench
Notices to the Profession and Public
Notice to the Profession
Edmonton Weekly Criminal Duty Justice Pilot Project
NP#2013-07
December 12, 2013
Effective January 6, 2014, the Court of Queen's Bench will appoint a criminal
duty justice on a weekly basis to handle all non-trial criminal matters in
Edmonton. This initiative is a pilot project in Edmonton only. The Criminal
Duty Justice will handle bail reviews, pre-trial conferences, jury selection,
summary conviction appeals, QBAC (Queen's Bench Appearance Court),
detention reviews, bail forfeitures and summary disposition hearings. The
introduction of this new position will not affect the way the Court deals with trial
matters.
A copy of the weekly schedule for the criminal duty justice is attached to this
Notice.
At the request of the Bar, bail reviews will be moved from 9:00 a.m. to 1:00 p.m.
daily. Pre-trial conferences will be set at 8:30 a.m., 9:30 a.m. or 12:30 p.m. In
setting these times, we have endeavoured to avoid core sitting hours in both
Queen's Bench and the Provincial Court of Alberta
We are increasing the court time assigned to both summary conviction appeals
and bail forfeiture hearings. Summary conviction appeals will continue to be
heard every Thursday afternoon, and will also be set for hearing on the first and
third Tuesday afternoon of the month. A new initiative relating to summary
conviction appeals is a speaking to the list, which will take place every other
Monday afternoon relative to the upcoming two weeks. Counsel on appeals
scheduled for this two week period will be expected to attend to confirm the
status of their appeal.
Bail forfeiture hearings will increase from once to twice monthly, and will be
heard on the second and fourth Tuesday afternoon of the month. This additional
court time is in response to the current volume of outstanding matters.
Pre-trial applications relative to files where there has been no trial judge assigned
(or a Case Management judge appointed under the Criminal Code), including
direct indictment matters, will be returnable in QBAC. Other special
applications, including lengthy bail applications or certiorari applications will
continue to be scheduled as half day special applications. These matters will not
necessarily be handled by the criminal duty justice.
These changes are effective January 6, 2014. A transition period will, however be
required, particularly as regards pre-trial conferences which are already set for
January, February and part of March, 2014.
16
July, 2015
Alberta Rules of Court
Volume 2
Court of Queen’s Bench
Notices to the Profession and Public
As outlined above, this is a pilot project to be implemented in Edmonton This
initiative will be monitored and subject to an informal review, which will include
consultation with the bar, within the first three to four months. We ask that
questions or comments on the operation of this pilot project, be coordinated
through the offices of the senior Federal or Provincial Crowns, or the President
of Defence Bar, who the Court would ask to take up such matters with the
Court's Edmonton Criminal Practice Chair as appropriate.
Neil C. Wittmann,
Chief Justice
John D. Rooke,
Associate Chief Justice
Notice to the Profession
Court of Queen's Bench Criminal Proceedings Rules
NP#2014-01
January 6, 2014
Effective February 1, 2014, the Court of Queen's Bench will adopt the Criminal
Proceedings Rules and Forms set out in Court of Queen's Bench Criminal
Practice Note No. 6, and posted to the Criminal Practice Notes section of the
Court's website at:
https://albertacourts.ca/court-of-queens-bench/practice-notes
Neil C. Wittmann,
Chief Justice
John D. Rooke,
Associate Chief Justice
Notice to the Profession
Template Oral Hearing Order
NP#2014-02
February 18, 2014
Effective immediately the Template Oral Hearing Order (attached) will be the
basis for hearings where oral evidence is heard, except for trials under Part 8 of
the Rules and oral hearings for Emergency Protection Orders, which will be
heard, in the normal case, on dates set for those hearings.
Oral Hearing Orders may not be filed by consent, without a judicial
determination of need.
17
July, 2015
Alberta Rules of Court
Volume 2
Court of Queen’s Bench
Notices to the Profession and Public
Facts relied upon in support of an application for an Oral Hearing Order may be
provided to the Court by way of an Agreed Statement of Facts, or if not agreed,
by way of affidavit, and may include affidavit evidence previously filed in the
action. The evidence must demonstrate a necessity for the hearing of oral
evidence.
The default estimated times for examination in chief and for cross-examination
(paragraphs 1(c) and (d) of the Oral Hearing Order) should be no more than one
half hour each per witness, unless extended by the judge hearing the application,
or during the oral hearing itself.
Neil C. Wittmann,
Chief Justice
John D. Rooke,
Associate Chief Justice
COURT FILE NUMBER
COURT
Clerk’s Stamp
COURT OF QUEEN’S BENCH
OF ALBERTA
JUDICIAL CENTRE
PLAINTIFF
DEFENDANT
DOCUMENT
ORAL1 HEARING ORDER
(For all hearings other than Part 8
of the Alberta Rules of Court)
ORDER PREPARED BY
_________________________________________________________________
DATE ON WHICH ORDER WAS PRONOUNCED:
at
Alberta
NAME OF JUSTICE WHO MADE THIS ORDER:
UPON THIS APPLICATION being heard this day;
AND UPON READING OR HEARING READ the evidence filed in support
of or opposition to this application;
AND UPON HEARING the submissions by or on behalf of the parties;
18
July, 2015
Alberta Rules of Court
Volume 2
Court of Queen’s Bench
Notices to the Profession and Public
AND UPON IT APPEARING to the Court that there is a need for brief oral
evidence as set out in this Order;
IT IS HEREBY ORDERED THAT:
1. At the hearing set in this matter for____day(s) commencing at ____am/pm
on (date) ___________, brief oral evidence may be heard, on the following
terms:
(a)
The type or nature of the application to be heard at the hearing is for:
_____________________________________________, to determine
the substantive issue(s) of _____________________
_____________________________________________ ______;
(b) The specific issue(s) for which oral evidence is necessary at the
hearing, is/are: ______________________________________;
1
This Order is granted based on the Template Order set out in Notice to the Profession
#2014 – 02.
and the reason(s) that oral evidence is needed to determine this/these
issue(s) is because: __________________________
___________________________________________________ ;
(c) There may be no more than ____witness(es) for the applicant(s),
identified and limited as follows:
Witness(es): _________________________________________
Total Estimated Time - Chief: _____ min; Cross: _____min
(d) There may be no more than ____witness(es) for the respondent(s),
identified and limited as follows:
Witness(es):_________________________________________
Total Estimated Time - Chief: _____ min; Cross: _____ min
(e) No other affidavits or records may be filed without leave of the Court;
(f)
The Court is satisfied that the following justice(s) is/are disqualified
from hearing this matter for good reason(s):
Justice (s)___________________________
(g) Other matters ordered are: ___________________________
_________________________________________________
19
July, 2015
Alberta Rules of Court
Volume 2
Court of Queen’s Bench
Notices to the Profession and Public
2. Except for emergencies, no other applications shall be brought by either
party prior to the hearing date, without a Court Order.
3. The judicial determination of the issue(s) for which oral evidence is
permitted by this Order may, in the discretion of the Justice presiding at the
hearing, result in a final order of judgment on that/those issue(s).
4. If the parties reach an agreement on the issue(s) in dispute prior to the
scheduled hearing date, they shall immediately advise the Court.
5. Nothing herein shall limit any other requirement under the Rules, Practice
Notes or Notices to the Profession, unless specific in this Order.
Justice of the Court of Queen’s Bench of
Alberta
Notice to the Profession
Summer Sittings Pilot Project
NP#2014-03
February 24, 2014
The Court of Queen’s Bench of Alberta is continuing its pilot project for summer
trial sittings in Calgary and Edmonton. Commencing immediately, the Civil and
Criminal Court Coordinators will have the ability to schedule one non-jury
criminal and civil trial per week, that are not expected to take longer than 5 days,
in the period of June 30, 2014 to August 29, 2014.
Neil C. Wittmann,
Chief Justice
John D. Rooke,
Associate Chief Justice
20
July, 2015
Alberta Rules of Court
Volume 2
Court of Queen’s Bench
Notices to the Profession and Public
Notice to the Profession
New Booking Procedures in Calgary and Edmonton for JDRs
(July - August, 2014)
NP#2014-05
May 2, 2014
The following procedures will apply for this purpose, as follows:
1. The list of available dates and assigned JDR justices has now been posted on
this web site.
2. No bookings will be permitted until 7:30 am on Monday, May 12, 2014.
3. Bookings must:
(a) be made by email to the following addresses:
- Calgary - [email protected]
- Edmonton - [email protected]
(b) relate to one JDR only per email, providing a selection of Justices and
dates agreed upon by counsel in order of preference (if more than one is
submitted only the first will be considered until all other email
bookings are processed); and
(c) certify that the party booking has the agreement of the opposite side to
all of the booking details which must include (date, justice, action #,
style of cause, if binding and all counsel’s names, law firms, fax
numbers and e-mail addresses).
(d) provide an estimated number of trial days that would be required should
the JDR not resolve the matter, and the total number of people
attending the JDR.
(e) please submit your request only on the date in which your priority falls
under.
4. Booking priority will be given per Notice to the Profession #2013-2 of April
29, 2013 as outlined below:
(a) for the first 24 hours, May 12, 2014, - Family Law
(b) for the next 24 hours, May 13, 2014, those added to the priority list in
the first three months of the last Spring or Fall terms.
(c) for the next 24 hours, May 14, 2014, all others that are ready for trial
(with a filed form 37); and
(d) for the next 24 hours, May 15 , 2014, and subsequent days, any case.
21
July, 2015
Alberta Rules of Court
Volume 2
Court of Queen’s Bench
Notices to the Profession and Public
Note: Please indicate in your “SUBJECT” line upon which priorities you will be
relying.
Note: If the case has been previously “wait listed”, please provide the JDR
coordinator with a copy of the previous request.
5. E-mails received prior to the 7:30 am booking start time will not be
considered and may be deleted. The JDR coordinator will be in touch with
booking parties within 2 weeks after booking commences to advise you of
whether and when your matter has been booked, so please provide all contact
information in your booking email.
6. If you have any questions about the above, address them to:
- Calgary – Paula Lorenz at 403-297-7499.
- Edmonton - Peggy Lewis at 780-422-2313.
Neil C. Wittmann,
Chief Justice
John D. Rooke,
Associate Chief Justice
Notice to the Profession
Reduction In Judicial Dispute Resolution Bookings
Calgary and Edmonton
NP#2014-06
May 20, 2014
Due to the ongoing shortage of judicial resources at the Court of Queen’s Bench
of Alberta, the Court has been put in a position where it must curtail some of its
services.
As a result, beginning in the Fall of 2014, and until such time as the Court has
sufficient resources, the Court will reduce the number of Justices hearing JDRs,
in Calgary and Edmonton, from 3 to 2 per week.
Neil C. Wittmann,
Chief Justice
John D. Rooke,
Associate Chief Justice
22
July, 2015
Alberta Rules of Court
Volume 2
Court of Queen’s Bench
Notices to the Profession and Public
Notice to the Profession
Holiday Closures – December 2014
NP#2014-07
November 10, 2014
As a result of the 2014 Collective Agreement between the Province of Alberta
and the Alberta Union of Public Employees, provincial government services will
be restricted on December 29, 30 and 31, 2014. Because of reduced staffing
levels and the closure of court facilities during this period, the Court of Queen’s
Bench of Alberta will hear emergency applications only, at the Calgary
Courts Centre. All other Court of Queen’s Bench of Alberta locations will be
closed on December 29, 30 and 31.
Anyone outside of Calgary with an emergency application during this period is
asked to contact the Court of Queen’s Bench in Calgary, at 403-297-6267.
Should an emergency matter need to be heard, a clerk will be on stand-by in each
Court of Queen’s Bench location. If required, the clerk at the Calgary Courts
Centre will contact the stand-by clerk at the regional location or in Edmonton,
who will arrange to open the courthouse, file the necessary documents and
facilitate the hearing in Calgary via telephone or video conference.
Neil C. Wittmann,
Chief Justice
John D. Rooke,
Associate Chief Justice
Notice to the Profession
Amended Family Law Practice Note 4
New Family Law Practice Note 9 – Intake, Resolution and
Caseflow Management - Calgary
NP#2014-08
November 26, 2014
In an effort to better meet the needs of family litigants, the Court of Queen’s
Bench is implementing a new early resolution and caseflow service in Calgary
only, beginning on December 1, 2014. The initial level of staffing and resources
limit the program to parenting and child support applications under the Family
Law Act and under the Extra-provincial Enforcement of Custody Orders Act.
Under this new program, all self-represented litigants will be required to consult
with an intake counsellor prior to filing any application for relief under those
statutes. In addition, before filing any application for relief under those statutes,
legal counsel for an applicant will be required inform the applicant of the option
to schedule a caseflow conference.
23
July, 2015
Alberta Rules of Court
Volume 2
Court of Queen’s Bench
Notices to the Profession and Public
Provisions detailing the Intake, Resolution and Caseflow Management Program
in Calgary are set out in the new Court of Queen’s Bench Family Law Practice
Note 9, located at the Court of Queen’s Bench website at:
https://albertacourts.ca/docs/default-source/Court-of-Queen's-Bench/familypractice-note-9-draft5.pdf?sfvrsn=2
Court of Queen’s Bench Family Law Practice Note 4 has also been amended to
reflect the implementation of this new program, by the addition of a new
paragraph 1. It is located at the Court of Queen’s Bench website, at:
https://albertacourts.ca/docs/default-source/Court-of-Queen's-Bench/familypractice-note-4.pdf?sfvrsn=2
Neil C. Wittmann,
Chief Justice
John D. Rooke,
Associate Chief Justice
Notice to the Profession
Calgary Criminal Duty Justice Pilot Project
NP#2014-09
December 2, 2014
Effective January 5, 2015, the Court of Queen's Bench will appoint a criminal
duty justice on a weekly basis in Calgary. The Criminal Duty Justice will handle
bail reviews, pre-trial conferences, jury selections, summary conviction appeals
and bail forfeitures. The introduction of this new position will not affect the way
the Court deals with trial matters and will not include Criminal Appearance
Court.
A copy of the weekly schedule for the criminal duty justice is attached to this
Notice.
Bail forfeiture hearings will increase from once to twice monthly, and will be
heard on the second and fourth Wednesday morning of the month. Jury selections
will move from Friday to Thursday mornings. Bail reviews will no longer be
heard on Tuesday mornings.
Special applications, including lengthy bail applications or certiorari applications
will continue to be scheduled as half day special applications. These matters will
not necessarily be handled by the criminal duty justice.
24
July, 2015
Alberta Rules of Court
Volume 2
Court of Queen’s Bench
Notices to the Profession and Public
This initiative will be monitored and subject to an informal review, which will
include consultation with the bar, within the first three to four months. We
welcome your comments, and ask that questions or comments on the operation of
this pilot project be coordinated through the offices of the senior Federal or
Provincial Crowns, or the President of the Defence Bar, who the Court would ask
to take up such matters with the Court's Calgary Criminal Practice Chair as
appropriate.
Neil C. Wittmann,
Chief Justice
John D. Rooke,
Associate Chief Justice
25
July, 2015
26
Reading
10:00 AM
PTC
3:45 PM
PTC
PTC
PTC
PTC
Reading
PTC
Tuesday -
PTC
PTC
PTC
PTC
Reading
Bail
Wednesday -
Reading
Jury Selection
Bail
Thursday -
Miscellaneous
SCA’s
Bail
Friday -
If Pre-Trial Conference slots are not filled, these times may be booked with other Criminal Matters by the Criminal
Court Coordinator
PTC
3:00 PM
4:30 PM
PTC
2:15 PM
2:00 PM
1:30 PM
12:00 PM
PTC
Bail
9:00 AM
10:45 AM
Monday -
Time
JUSTICE:
CALGARY CRIMINAL DUTY
WEEKS 1 - 3:
Alberta Rules of Court
Volume 2
Court of Queen’s Bench
Notices to the Profession and Public
July, 2015
27
Reading
10:00 AM
PTC
PTC
PTC
PTC
Reading
PTC
PTC
Tuesday -
Reading
Bail Estreatments
Bail
Wednesday -
PTC
PTC
Reading
Jury Selection
Bail
Thursday -
Miscellaneous
SCA’s
Bail
Friday -
If Pre-Trial Conference slots are not filled, these times may be booked with other Criminal Matters by the Criminal
Court Coordinator
PTC
3:45 PM
4:30 PM
PTC
PTC
3:00 PM
2:15 PM
2:00 PM
1:30 PM
12:30
12:00 PM
PTC
Bail
9:00 AM
10:45
Monday -
Time
JUSTICE:
CALGARY CRIMINAL DUTY
WEEKS 2 - 4:
Alberta Rules of Court
Volume 2
Court of Queen’s Bench
Notices to the Profession and Public
July, 2015
Alberta Rules of Court
Volume 2
Court of Queen’s Bench
Notices to the Profession and Public
Notice to the Profession
Grace Period: New Clauses for Child
Support Orders Recalculation Program
NP#2015-02
March 4, 2015
Amendments to the Child Support Recalculation Program Regulation came into
effect on March 1, 2015 requiring the Court to include one of two standard
clauses in its child support orders: either a clause stating the Child Support
Recalculation Program (RP) may recalculate the child support amount; or a
clause indicating RP shall not recalculate. These amendments are set out in detail
in the Child Support Recalculation Program (Mandatory Clauses) Amendment
Regulation, (AR 14/2015), which is available at:
http://www.qp.alberta.ca/documents/orders/orders_in_council/2015/115/2015_00
8.html
It is the responsibility of litigants or their counsel to ensure that consent orders or
other orders or judgments submitted for the approval of the Court which include
an amount for child support are in compliance with the amendments to this
regulation.
However, to ensure continued access to justice for litigants, the Court is of the
view that a reasonable grace period should be observed until May 1, 2015 before
the requirement for compliance is more strictly enforced.
For example, if a consent order dealing with child support is submitted for the
approval of the Court which does not contain one of the two standard clauses, it
is the expectation of the Court that such documents will be accepted by the clerk
of the court for the duration of this grace period, perhaps with some written
information about these new clauses being provided to the submitting party.
After May 1, 2015, as a result of a review of the practices observed by the Court,
the requirement for compliance may be more strictly enforced.
In the meantime, should any party or counsel feel aggrieved by an interpretation
of a forms requirement made by court staff during this interim period, parties or
their counsel are reminded that they may apply to the Court for further direction
(on notice to any parties required to be served).
Neil C. Wittmann,
Chief Justice
John D. Rooke,
Associate Chief Justice
28
July, 2015
Alberta Rules of Court
Volume 2
Court of Queen’s Bench
Notices to the Profession and Public
Notice to the Profession
Alberta Template Orders:
Plans of Arrangement Involving the Acquisition
of Securities of a Corporation
Approval and Vesting Order (Sale by Receiver)
Order Discharging Receiver With Collateral Directives
NP#2015-03
April 22, 2015
In addition to the Template Receivership Order, CCAA Order, and
accompanying Explanatory Notes posted on the Court of Queen's Bench website,
the Court has added:
1. A Template Interim Order for Plans of Arrangement Involving the
Acquisition of Securities of a Corporation;
2. A Template Final Order for Plans of Arrangement Involving the Acquisition
of Securities of a Corporation;
3.
A Template Approval and Vesting Order (Sale by Receiver);
4.
A Template Order Discharging a Receiver, with Collateral Directives; and
5. Explanatory Notes for the Alberta Template Interim Order and Template
Final Order for Plans of Arrangement Involving the Acquisition of Securities of a
Corporation.
These Template Orders and Notes are guidelines only, prepared by practitioners,
and posted on the Court's website as a matter of convenience only. The Judiciary
is not bound in any way by the contents of these Orders or Notes, and posting to
the Court's website is not to be construed as wholesale adoption by the Judiciary
in any particular case. When used, these Template Orders should be adapted to
meet the facts in each case as directed by the Notes and successful applicants
should offer the judge a black-line version of any proposed order along with a
clean copy so that the judge may determine what differences appear between the
form of order tendered and the Template order.
Neil C. Wittmann,
Chief Justice
John D. Rooke,
Associate Chief Justice
29
July, 2015
Alberta Rules of Court
Volume 2
Court of Queen’s Bench
Notices to the Profession and Public
Notice to the Profession
Request for the Appointment of a Case Management Justice
Under the Alberta Rules of Court 4.12 – 4.15
Judicial Centre of Calgary Only
NP#2015-04
June 1, 2015
Effective immediately, requests for the appointment of a Case Management
Justice in the Judicial Centre of Calgary only should be made by completing the
form located at the Court of Queen’s Bench website, under Publications and
Forms – Other Forms, and at the following link:
https://albertacourts.ca/docs/default-source/Court-of-Queen's-Bench/request-forthe-appointment-of-a-case-management-justice-under-the-alberta-rules-of-court--rules-4-12---4-15.pdf?sfvrsn=0
The form must be copied to all parties pursuant to Rule 4.12 and submitted to the
Office of the Chief Justice of the Court of Queen’s Bench via facsimile at 403297-8625. No additional documentation should be submitted with the form.
Neil C. Wittmann,
Chief Justice
Notice to the Profession
Amendments to the Surrogate Rules and Forms – Grace Period
NP#2015-05
June 2, 2015
The new Estate Administration Act SA 2014 c E-12.5 came into effect on June 1,
2015. Amendments to the Surrogate Rules arise from this legislation. These
amendments necessitate a number of new forms as well as some changes to
existing forms. Some procedural changes for the Court of Queen’s Bench also
arise.
To facilitate an orderly transition, a grace period will be observed. That grace
period will expire on September 1, 2015. During that grace period, existing forms
will be accepted.
30
July, 2015
Alberta Rules of Court
Volume 2
Court of Queen’s Bench
Notices to the Profession and Public
Application of the grace period as described above will not, however, relieve
against compliance with substantive changes effected by this new legislation.
For example, Section 11 of the Estate Administration Act requires a copy of an
application and a notice under Part 5 of the Wills and Succession Act to be
served on the spouse or adult interdependent partner, who is not the sole
beneficiary of the deceased’s estate, who resides outside of Canada. Under
predecessor legislation, the service and notice requirement applied only to a
spouse or adult interdependent partner who resided in Canada.
To the extent that substantive changes are reflected in new or amended forms, no
grace period will be extended regarding the use of existing forms. Applicants will
be expected to employ new or amended forms, as applicable.
Neil C. Wittmann,
Chief Justice
John D. Rooke,
Associate Chief Justice
Notice to the Profession
Commercial Practice Note 1:
The Commercial Chambers Initiative
NP#2015-06
June 4, 2015
Court of Queen’s Bench Commercial Practice Note 1 is located on the Practice
Notes page of the Court of Queen’s Bench of Alberta website, and may be
accessed directly at the following link:
https://albertacourts.ca/docs/default-source/Court-of-Queen's-Bench/commercialpractice-note-1-commercial-chambers-initiative.pdf?sfvrsn=2
Effective June 15, 2015, Commercial Practice Note 1 will apply to matters that
may be booked on the Commercial Practice List in Calgary and Edmonton. It
supersedes all previous Notices to Profession concerning the Commercial/Duty
Justice Initiative.
Commercial Practice Note 1 is subject to periodic review. Please direct any
comments and suggestions concerning the Note, or the Commercial Chambers
Initiative, to the Court of Queen’s Bench Commercial Practice Group Co-Chairs,
with copies to the Chief Justice or Associate Chief Justice. The current Co-Chairs
of the Commercial Practice Group are Romaine J. in Calgary and Topolniski J. in
Edmonton, with Nielsen J. as Acting Co-Chair from September 2015 to May
2016.
31
December, 2016
Alberta Rules of Court
Volume 2
Court of Queen’s Bench
Notices to the Profession and Public
Neil C. Wittmann,
Chief Justice
John D. Rooke,
Associate Chief Justice
Notice to the Profession
Revised Family Practice Note 1 –
Parenting After Separation Seminar
NP#2015-08
July 15, 2015
Effective July 20, 2015, an online Parenting After Separation seminar will be
available to family litigants in Alberta. The Online Seminar is located at:
http://pas.albertacourts.ab.ca/
As a result of this new program, Court of Queen’s Bench Family Practice Note 1
is amended, effective July 20, 2015. The amended Practice Note is located under
the Family Practice Notes tab on the Court of Queen’s Bench Website, at:
https://albertacourts.ca/court-of-queens-bench/practice-notes .
The amendments to Family Practice Note 1 broaden its geographic scope. Where
formerly parties were required to attend the Parenting After Separation seminar
only if they lived in St. Paul, Brooks, Calgary, Camrose, Drumheller, Edmonton,
Edson, Fort McMurray, Grande Prairie, Hinton, Jasper, Lethbridge,
Lloydminster, Medicine Hat, Peace River, Red Deer, Slave Lake and
Wetaskiwin, or within 150 kilometres of any of those cities or towns, Family
Practice Note 1 now applies to all litigants in Alberta, regardless of where they
live. All family litigants now have the option of completing the traditional
Parenting After Separation seminar, or the Online Seminar.
Neil C. Wittmann,
Chief Justice
John D. Rooke,
Associate Chief Justice
Notice to the Profession
New Family Practice Note 2 – Family Chambers
NP#2015-09
August 24, 2015
Effective October 1, 2015, a new version of Court of Queen’s Bench of Alberta
Family Practice Note 2 will come into effect. The new Family Practice Note 2 is
located under the Family Practice Notes tab on the Court of Queen’s Bench
website, at:
https://albertacourts.ca/court-of-queens-bench/practice-notes .
32
December, 2016
Alberta Rules of Court
Volume 2
Court of Queen’s Bench
Notices to the Profession and Public
The new Family Practice Note 2 sets out procedures for scheduling applications
and cross-applications in Family Chambers and describes the materials that
parties must file in these applications. It sets out filing deadlines for Special
Chambers applications and procedures for obtaining leave for the filing of
additional materials, for the presentation of oral evidence, and for adjournments
and the filing of Orders.
Appendices to Family Practice Note 2 set out the appropriate filing venues for
Family Chambers applications in each judicial centre; filing deadlines for Special
Chambers applications; and a list of leading family law decisions.
If a party fails to comply with Family Practice Note 2, the Court Coordinator,
Chambers clerk or equivalent may remove the application from the schedule, or
the presiding Justice may refuse to hear the application or may award costs
against the offending party.
Neil C. Wittmann,
Chief Justice
John D. Rooke,
Associate Chief Justice
Notice to the Profession
Edmonton Summer Trial Sittings - 2016
NP#2015-10
November 10, 2015
The Court continues to assess the ongoing need and demand for Queen’s Bench
summer trial sittings. Based on recent experience, the following principles will
apply to the summer of 2016 in Edmonton:
1) Summer trial bookings in Edmonton will open up immediately with one
justice being assigned to hear non-jury trials of five days or less throughout
July and August.
2) Priority for summer bookings will be assigned to the following trials:
Criminal: Accused in custody on the charge(s) before the Court, serious
situations of delay, or situations where there is good reason for urgency (such as
where special arrangements are required to accommodate witnesses).
Civil: Family law matters involving child-related decision-making required
before September school commencement; any non-family matter where there is
good reason for urgency (such as where special arrangements are required to
accommodate witnesses).
33
December, 2016
Alberta Rules of Court
Volume 2
Court of Queen’s Bench
Notices to the Profession and Public
Summer trial assignments will require the prior approval of the Associate Chief
Justice or his designate for civil trials, and the Associate Chief Justice or the
Queen’s Bench Appearance Court (QBAC) Justice in relation to criminal
matters, based on the above priorities.
Criminal and civil matters not coming within the above priorities may be booked
on an overbook basis on the understanding that these matters may be bumped.
John D. Rooke,
Associate Chief Justice
Notice to the Profession
Holiday Closures – December 2015
NP#2015-11
November 16, 2015
As a result of the 2014 Collective Agreement between the Province of Alberta
and the Alberta Union of Public Employees, provincial government services will
be restricted on December 29, 30 and 31, 2015. Because of reduced staffing
levels and the closure of court facilities during this period, the Court of Queen’s
Bench of Alberta will hear emergency applications only, at the Calgary
Courts Centre. All other Court of Queen’s Bench of Alberta locations will be
closed on December 29, 30 and 31.
Anyone outside of Calgary with an emergency application during this period is
asked to contact the Court of Queen’s Bench in Calgary, at 403-297-6267.
Should an emergency matter need to be heard, a clerk will be on stand-by in each
Court of Queen’s Bench location. If required, the clerk at the Calgary Courts
Centre will contact the stand-by clerk at the regional location or in Edmonton,
who will arrange to open the courthouse, file the necessary documents and
facilitate the hearing in Calgary via telephone or video conference.
Neil C. Wittmann,
Chief Justice
John D. Rooke,
Associate Chief Justice
34
December, 2016
Alberta Rules of Court
Volume 2
Court of Queen’s Bench
Notices to the Profession and Public
Notice to the Profession
Morning Chambers – Telephone/Fax/Online Adjournments
NP#2015-12
December 23, 2015
Effective January 15, 2016, adjournments for matters scheduled for Motions
Court will no longer be accepted via telephone or fax, or online, after 3:30 p.m.
on the day prior to the hearing. Parties seeking to adjourn after that time will be
required to attend in person to speak to the adjournment, or the application will
be struck.
Neil C. Wittmann,
Chief Justice
John D. Rooke,
Associate Chief Justice
Notice to the Profession and Public
Child Support Applications
NP#2016-01
April 15, 2016
1. Effective May 1, 2016, sections 21 through 24 of the Federal Child Support
Guidelines and section 21 of the Alberta Child Support Guidelines will be strictly
enforced by the Court. To ensure continued access to justice for litigants, a grace
period will be observed until June 1, 2016, after which the requirement for
compliance will be strictly enforced.
2. Effective May 1, 2016, a spouse/parent who is applying for a child support
order, including an application to vary child support (“an applicant”), and whose
income information is necessary to determine the amount of the order (shared or
split parenting; where s. 7 claims are being made; or where an undue hardship
claim is being made) must include with the application, the financial information
set out in section 21 of the applicable Guidelines. Forms will be available on the
Alberta Courts website effective April 15, 2016, and their use is encouraged for
consistency in the filing process.
3. Likewise, a spouse/parent who is served with an application for child
support (“a respondent”) and whose income information is necessary to
determine the amount of the order, must, within 30 days after the application is
served if the spouse/parent resides in Canada or the United States, or within 60
days if the spouse/parent resides elsewhere, provide the Court and the other
spouse with the financial information set out in section 21 of the applicable
Guidelines.
35
December, 2016
Alberta Rules of Court
Volume 2
Court of Queen’s Bench
Notices to the Profession and Public
4. An applicant in an application for child support will not be permitted to file
an Application and supporting Affidavit unless the applicant has provided the
information required by s. 21 of the applicable Guidelines.
5. A respondent to an application for child support will not be permitted to file
a responding affidavit or reply to the application unless the respondent has
provided the information required by s. 21 of the applicable Guidelines.
6. A Notice to Disclose Application is not required to trigger the above
obligations.
7. If a spouse/parent fails to comply with s. 21 of the applicable Guidelines, the
application for support may proceed and income may be imputed to that
spouse/parent pursuant to sections 19(1)(f), 22 and 23 of the Federal Child
Support Guidelines or section 19(1)(f) of the Alberta Child Support Guidelines,
as applicable. That spouse/parent will not be able to vary the child support until
disclosure pursuant to s. 21 of the Guidelines has been provided. That
spouse/parent may also be subject to an order for costs for failure to disclose and
may be prohibited from filing any other applications until their disclosure is
provided.
8. In rare exceptions, leave of the Court can be sought by application in family
chambers, for a Fiat permitting the filing of an application or response without
the required financial information. Any such Fiat will be without prejudice to
arguments that the hearing should not proceed without proper disclosure, and the
party applying for the Fiat will be directed to provide the required disclosure
within 30 days or such other period as directed by the Court.
9. This procedure will not apply to an application for a stay of enforcement
regarding child support arrears.
10. Family Law Practice Note #2 does not apply to the materials filed in
compliance with this Notice.
Neil C. Wittmann,
Chief Justice
John D. Rooke,
Associate Chief Justice
Notice to the Profession and Public
Section 21 Disclosure Initiative Information Summary
NP#2016-02
May 19, 2016
Background and Timelines
1. There is consensus among the Queen’s Bench judiciary that the existing
disclosure process in Alberta is not working. Disclosure applications take up
much of our chambers lists and incomplete disclosure results in delays and
36
December, 2016
Alberta Rules of Court
Volume 2
Court of Queen’s Bench
Notices to the Profession and Public
ultimately retroactive support applications. On December 9, 2015, the Court of
Queen’s Bench Executive Board approved a number of short-term measures to
improve the current family law financial disclosure application process. The
proposed short-term solutions operate within the existing legislative and rule
framework, while longer-term solutions require legislative and rule amendment.
As a first step, the Court will strictly enforce the disclosure requirements of s. 21
of the Child Support Guidelines. To date, the steps toward implementation have
included the following:
•
•
•
•
•
•
•
•
•
•
•
On January 25, 2016, the CBA and the Law Society of Alberta were
sent notices for distribution to the Bar;
There was an announcement made at the January Town Hall Meeting in
Calgary and the March CBA Family Section meeting in Edmonton;
The Court Clerk’s received training on April 6 and 7;
On April 15, the Court posted a Notice to Profession and Public on the
Alberta Court’s website along with the Disclosure Statement and
Schedules;
The Court Clerks and Resolution Services staff throughout the Province
have received a detailed Checklist;
Since shortly after April 15, an “Important Notice” handout has been
given to the public and lawyers at the clerk’s counters and at Resolution
Services counters. Signs have been posted in the Clerk’s area,
Resolution Services reception and on the chambers courtroom doors;
Since May 2, Justices hearing morning Family Chambers have been
asked to read an announcement at the commencement of family
chambers advising of the strict enforcement of s. 21;
The Court will review this information summary with the family bar at a
Chambers Practice Meeting in Calgary at the end of May and at the
CBA North Family Section May lunch meeting in Edmonton;
There will be an information session for Justices before June 1;
Information system codes have been created for the Court Clerks and
the Court to monitor Fiat requests and so that the chambers list can
indicate when no s. 21 disclosure has been provided;
June 1, 2016 is the strict implementation date for this initiative.
Section 21 and Disclosure Statement
2. Section 21 of the Federal and Provincial Child Support Guidelines require
specified disclosure from the parties bringing an application for child support to
the Court. These requirements apply to both Applicants and Respondents whose
income information is necessary in order to determine the amount of child
support. The language used – “must include the following with the application”
and “provide the Court as well as the other spouse” makes it clear that this
information must be filed with the Court. Therefore, anyone who is filing an
application for child support, including an application to vary child support, must
comply with s. 21 if his/her income information is necessary to determine the
amount of child support. Under this initiative, all persons filing an application
for child support or a response to an application for child support must complete
the Disclosure Statement, even if they are not required to attach a Schedule and
37
December, 2016
Alberta Rules of Court
Volume 2
Court of Queen’s Bench
Notices to the Profession and Public
disclosure. If an Applicant or Respondent chooses not to use the Disclosure
Statement on the website but uses a format that provides the same information in
a concise way, this will be acceptable.
Confidentiality Issues
3. A concern has been raised about confidentiality in relation to the personal
information being included with the Disclosure Statement. The provision of the
s. 21 information is a legislative requirement. Further, existing affidavits and
application materials routinely include personal information, so the disclosure
initiative results in little change to the current system. The Court has initiated a
process to determine if restricting access to family law files is appropriate for
Alberta. This will take time. In the meantime, our current system does not
restrict access to family files.
Consent Orders and Desk Divorces
4. Early disclosure is encouraged in the hope that the issue of child support will
be resolved by consent and a Consent Order can be presented to the Court. This
initiative will not apply to Consent Orders where the Consent Order is sought
before an Application is filed. It also does not apply to desk divorce applications.
Notice to Disclose and Section 65 Family Law Act Disclosure
5. The focus of this initiative is s. 21 disclosure. The Schedules prepared for
attaching to the Disclosure Statement include the Notice to Disclose and s. 65
responses for convenience only. There is no requirement to file Notice to
Disclose or s. 65 disclosure with the Court before filing a child support
application. That said, if a party has chosen to file Notice to Disclose or s. 65
disclosure with the Court, this would include the required s. 21 information.
Accordingly, if that information was recently filed, a further filing of the s. 21
Schedule should not be required. Schedule 5 was designed to provide updates
where the s. 21 disclosure (all or part of it) has already been recently filed with
the Court, including being provided for a Dispute Resolution or Child Support
Resolution meeting.
Urgent Child Support Applications
6. In the judicial centres of Edmonton, Calgary, Red Deer, and Lethbridge, a
party can apply for a Fiat if there is urgency in relation to the child support
application. There has been a standard Fiat prepared for this purpose. It is
similar in principle to the application for a Parenting After Separation exemption
– it is without prejudice to the right of the other party to argue that the
application should not be heard without the required s. 21 disclosure (in
recognition of the fact that the other party does not have notice) and also requires
disclosure to be provided within 30 days. On files where both parties are
represented by Counsel, some type of notice to opposing Counsel before
applying for the Fiat will continue to be encouraged.
38
December, 2016
Alberta Rules of Court
Volume 2
Court of Queen’s Bench
Notices to the Profession and Public
7. In the smaller judicial centres, the Clerk will accept the documents for filing
and make a note on the chambers list that there was no s. 21 disclosure provided
in relation to the child support application so that the Justice hearing the
application will know and can deal with the matter accordingly.
Multiple Issue Applications
8. If a party is filing a multiple issue Application that includes child support,
the s. 21 filing requirements still apply to the child support portion of the
application. Therefore, the following options are available to the Applicant:
a)
wait to file the application until the s. 21 disclosure is provided;
b) proceed only with the portions of the application that do not relate to
child support (deleting the child support reference from the Application
document if necessary) and file a second Application for child support
once the s. 21 disclosure has been provided. This should result in only a
small additional cost, as the evidence for the child support application
will generally be included in the affidavit being relied on for the other
relief;
c)
if there is an urgent need to obtain a child support order without the s.
21 disclosure, a party can apply for a Fiat in Edmonton, Calgary, Red
Deer and Lethbridge. Points 6 and 7 above apply.
Respondent’s Disclosure
9. Section 21(2) gives the Respondent 30 days (60 days if outside Canada or
the United States) after being served with an application for a child support
order, to provide his/her disclosure. Therefore, if an application is returnable in
less than 30 days following service, and assuming no urgency, the Respondent is
entitled to an adjournment to give him/her the full 30 days to provide disclosure.
In those cases where less than 30 days (less than 60 days if outside Canada or the
United States) have passed since service of notice of the Application, the
Respondent’s options are:
a)
file his/her s. 21 disclosure before the 30 days (60 days) has expired;
b) attend chambers and request an adjournment so that he/she has the full
30 days (or 60 days) to provide disclosure and file a response;
c)
where the matter is urgent, or where the application deals with issues in
addition to child support and the Respondent wishes to respond to those
issues, attend chambers and request a Fiat to allow the filing of the
responding materials without the s. 21 disclosure. As explained above,
the Fiat will be without prejudice and will require the filing of the
disclosure within the 30 days from service or such other time as the
Court determines appropriate.
10. If more than 30 days (60 days if outside Canada or the US) have passed from
the date of service of notice of the application on the Respondent and the
39
December, 2016
Alberta Rules of Court
Volume 2
Court of Queen’s Bench
Notices to the Profession and Public
Respondent has not provided his/her s. 21 disclosure, he/she will not be
permitted to file any responding materials without a Fiat. The Respondent should
be aware that in the absence of disclosure without a good reason, the Court may
choose to impute income and set the amount of child support, with the obligation
then being on the Respondent to bring the matter back to Court after the required
disclosure has been provided.
Fiats
11. The wording of the Fiat for an Applicant is as follows:
FIAT granted this ____ day of ___________, 20___
Let the Applicant’s Application be filed without the
Applicant’s s. 21 disclosure, without prejudice to arguments
that the hearing should not proceed without that disclosure.
Applicant shall provide s. 21 disclosure within 30 days.
___________________________________________
JCQBA
12. The wording of the Fiat for a Respondent is as follows:
FIAT granted this ___ day of _____________, 20___.
Let the Respondent’s Affidavit/Reply be filed without the
Respondent’s s. 21 disclosure, without prejudice to any
arguments related to disclosure at the hearing.
Respondent shall provide s. 21 disclosure within ____days
___________________________________________
JCQBA
The Court intends to have prepared Fiats (on labels) available to the Justice in
morning chambers so that they can be attached to the Application and Affidavit.
Any time a Fiat is granted, there will be an entry by the Clerks at the time of
filing the Application, indicating that a Fiat was granted in relation to the child
support application so that it appears on the chambers list for the Justice hearing
the matter, and in CASES for tracking purposes.
Other Important Information
13. The Clerks will not be reviewing the disclosure that is provided. They do
not have time to do so. They will be looking for the Disclosure Statement to
have been completed with the appropriate Schedule attached. The Clerk will not
file the Application for child support without the Disclosure Statement having
been filed. They will explain the options outlined above in cases of urgency.
14. This s. 21 disclosure procedure will not apply to applications for a stay of
enforcement, given their urgent nature. Therefore, the Clerk will not reject an
40
December, 2016
Alberta Rules of Court
Volume 2
Court of Queen’s Bench
Notices to the Profession and Public
Application for a stay of enforcement in the absence of s. 21 disclosure (though
the Justice may require disclosure before considering the application).
15. The Practice Note 2 page limits do not apply to the Disclosure Statement and
attached Schedules and disclosure. The Clerks have also been instructed to file
the Disclosure Statement even if there are no tabs.
16. A Court of Queen’s Bench “Providing Financial Disclosure” Package has
been prepared primarily for the assistance of self-represented litigants (both at
the QB Clerk’s counter and for use by Resolution Services). It is available for
everyone. It can be found at https://albertacourts.ca/docs/default-source/FamilyJustice-Services/notice-to-disclose.pdf?sfvrsn=2
17. The current Notice to Disclose is not affected by this process.
Neil C. Wittmann,
Chief Justice
John D. Rooke,
Associate Chief Justice
Notice to the Profession and Public
Civil and Family Case Management
NP#2016-03
June 27, 2016
ABBREVIATIONS
In this Notice to the Profession and Public, the following abbreviations are used:
Act:
ACJ:
CJ:
CM:
CMC:
CMJ:
Rules:
Court of Queen’s Bench Act, RSA 2000, c. C-31
Associate Chief Justice
Chief Justice
case management
Case Management Counsel
Case Management Justice
Alberta Rules of Court
MANAGING LITIGATION
Under the Rules, parties to litigation are responsible for managing their dispute
and planning its resolution in a timely and cost-effective way: Rules 4.1 and 4.2.
If a party or the Court is not satisfied that the parties are managing their litigation
in accordance with the Rules, there are several options available under Rule 4.11:
• a procedural Order;
• a conference under Rule 4.10;
• CM under Rules 4.12, 4.13 and 4.14; and
• an Order for a specific direction or remedy.
41
December, 2016
Alberta Rules of Court
Volume 2
Court of Queen’s Bench
Notices to the Profession and Public
There are distinct differences between a conference under Rule 4.10 and CM
under Rule 4.14. A conference under Rule 4.10 is a hearing with a representative
of the Court to discuss issues and options that may assist the parties to manage or
resolve their litigation or both. The CJ or the ACJ may direct or recommend a
conference under Rule 4.10 before assessing whether or not a case requires CM
or as an alternative to CM. A party may also file an application under Rule
4.10(3) requesting a conference. The conference may be with a Justice or, if
directed, with CMC.
Unlike a conference under Rule 4.10, which is intended to provide short-term
assistance with litigation management, CM involves the appointment of a CMJ
under Rule 4.13 and takes place over a longer period of time, typically
continuing until the issues in dispute between the parties have been resolved
through settlement or at trial. CM may involve identifying issues, discussing
resolution, making interim and procedural rulings, and creating and facilitating a
litigation plan to move the matter to settlement or trial.
Neither a conference under Rule 4.10 nor the appointment of a CMJ under
Rule 4.13 relieves parties of responsibility for managing their dispute and
planning its resolution in a timely and cost-effective way as required by Rule
4.1.
On occasion, a Justice may seize himself or herself of a case for the purpose of
dealing with a particular step or issue in the litigation. This is not the same as CM
because the seized Justice has not been appointed as the CMJ by the CJ or the
ACJ under Rule 4.13. If a Justice is seized of a case that requires ongoing
involvement by the Court, the parties or the seized Justice should ask the CJ or
the ACJ to appoint a CMJ, which may often be the formerly-seized Justice.
CASE MANAGEMENT
(a) Appointment of Case Management Justices
The decision of whether or not to appoint a CMJ to a case rests with the CJ or the
ACJ: Rule 4.13.
CM is mandatory in the following cases: class proceedings (Rule 4.12(3)); cases
involving civil juries (Rule 8.2(5)); and cases involving Family Law Practice
Note 5. The CJ or the ACJ may also appoint a CMJ in other types of cases for
one or more of the following reasons:
• to encourage the parties to participate in a dispute resolution process;
• to promote and ensure the fair and efficient conduct and resolution of
the case;
• to keep the parties on schedule; and
• to facilitate preparation for trial and scheduling a trial date.
In cases where the decision to appoint a CMJ is not mandatory, the CJ or the ACJ
may consider one or more of the following factors in determining whether or not
to appoint a CMJ:
42
December, 2016
Alberta Rules of Court
Volume 2
•
•
•
•
•
•
•
•
Court of Queen’s Bench
Notices to the Profession and Public
the case involves Family Law Practice Notes 7 or 8;
there are complex issues to be resolved;
there is a high level of conflict between the parties;
there have been numerous applications;
there are multiple parties;
the case has been in the Court system for an unduly long period of time
without resolution;
a Justice recommended CM or directed the parties to apply for CM; and
any other compelling reason.
To request a CMJ, parties must submit a request to the CJ or the ACJ under Rule
4.12 using the attached Request Form. Other parties to the case may advise the
Court of their position on the request for a CMJ by submitting a response using
the attached Response Form.
After considering the Request Form, and the Response Form where one is
provided, the CJ or the ACJ will send a letter to the parties advising whether or
not CM has been granted. If CM is granted, the CJ or the ACJ will appoint a
CMJ. Once appointed, the CMJ may communicate with the parties setting out
directions for the CM of the case, which may include: requiring agendas and
other materials before CM hearings; setting filing and other requirements for CM
hearings; establishing a process for parties to communicate with the CMJ; and, in
some cases, requiring parties to obtain leave from the CMJ before filing any
application.
In cases where the CJ or the ACJ has refused a request to appoint a CMJ, parties
may still request or be offered a conference under Rule 4.10, or they may submit
a new request for CM to the CJ or the ACJ based on new or better information.
(b) Role of Case Management Justices
Under Rule 4.14, a CMJ may:
• order the parties to take steps to identify, simplify or clarify the real
issues in dispute;
• establish, substitute or amend a complex case litigation plan and order
the parties to comply with it;
• make an Order to facilitate a step in the case;
• make an Order to promote the fair and efficient resolution of the case by
trial;
• facilitate the parties’ efforts to resolve the case or any issue in the case
through a dispute resolution process other than trial; and
• make any procedural Order that the CMJ considers necessary.
Unless the CJ, the ACJ or the CMJ directs otherwise, the CMJ must hear every
application in a case that is under CM (Rule 4.14(2)). Parties must always obtain
the CMJ’s approval to schedule an application before another Justice or in
Chambers. Unless the parties and the CMJ agree otherwise, the CMJ will not
hear an application for judgment by way of summary trial or preside at the trial
of the case (Rule 4.15).
43
December, 2016
Alberta Rules of Court
Volume 2
Court of Queen’s Bench
Notices to the Profession and Public
The Rules and applicable Practice Notes and Notices to the Profession and
Public continue to apply to parties whose cases are under CM unless the
CMJ directs otherwise.
(c) Removal of Cases From Case Management
CM is intended to be a time-limited process with a definite end point. Cases will
automatically be removed from CM at the conclusion of trial unless otherwise
ordered.
CMJs may remove cases from CM at any time if they determine that CM is no
longer required, for instance, if there has been no activity for an extended period
of time.
If a case under CM settles or there is no longer a requirement for CM for any
other reason, parties should contact their CMJ to request that the case be
removed from CM.
After a case is removed from CM, parties who wish to return to CM must submit
a new request to the CJ or the ACJ under Rule 4.12.
(d) Referral of Cases to Case Management Counsel
Cases are referred to CMC in two ways: (i) when appointing a CMJ, the CJ or the
ACJ may direct parties to meet with CMC before meeting with the CMJ; and (ii)
a CMJ may involve CMC in a case that is in CM. In some Judicial Centres, CMC
may, at the request of a Justice and with the approval of the CJ or ACJ, conduct
case conferences or otherwise become involved in cases that are not in CM.
Calgary CMC are primarily assigned to cases in the Judicial Centres of Calgary,
Medicine Hat and Lethbridge, and Edmonton CMC are primarily assigned to
cases in the Judicial Centres of Edmonton, Red Deer and Grand Prairie. CMC
may also occasionally become involved in cases in other Judicial Centres with
the permission of the CJ.
When directed to meet with CMC, parties may book hearings as follows:
• for Edmonton, Grande Prairie and Red Deer Judicial Centres, at
http://www.albertacourts.ab.ca/court-of-queens-bench/assignments
under “Edmonton Case Management Counsel Bookings”, or by
contacting the Edmonton CMC Assistant at
[email protected] or at 780-643-0723; and
• for Calgary, Lethbridge and Medicine Hat Judicial Centres, by sending a
request in writing, copied to all other parties, by regular mail to Calgary
Courts Centre, Attn: Case Management Counsel, Suite 2401-N, 601 - 5
Street SW, Calgary, Alberta, T2P 5P7, or by facsimile transmission to
403-355-2405.
Parties scheduling hearings with CMC should do so with the consent of all
parties. If all parties do not consent, parties may schedule hearings on proper
notice to all parties. In circumstances where hearings are scheduled by CMC,
notice shall be provided by CMC to all parties.
44
December, 2016
Alberta Rules of Court
Volume 2
Court of Queen’s Bench
Notices to the Profession and Public
All CMC hearings are audio recorded but transcripts of CMC hearings are not
available except when CMC is acting as a referee under Rules 6.44 – 6.46 or as
permitted by the CJ, ACJ or CMJ.
(e) Powers and Duties of Case Management Counsel
The CMC Pilot Project announced in Notice to the Profession #2011-03 has
ended. The powers and duties of CMC are continued by this Notice to the
Profession and Public.
CMC are appointed pursuant to section 16.1 of the Act. They are Deputy Clerks
of the Court under section 17 of the Act and Officers of the Court under section
18.1 of the Act.
CMC may perform all duties with respect to the CM of cases that are assigned to
them by the CJ and by the Rules (section 16.2 of the Act). As documented in this
Notice to the Profession and Public and pursuant to section 16.2 of the Act, the
CJ has delegated to CMC the powers and duties set out below, which includes
the authority to make directions, to make recommendations and to carry out
certain other functions. These powers and duties are permissive and not
mandatory.
(i) Directions
CMC may give directions regarding the following:
(a) exemptions from procedural requirements imposed by Practice Notes
and Notices to the Profession and Public, such as: filing requirements;
the Dispute Resolution Officer/Child Support Resolution Projects
(Family Law Practice Note 4) and the Parenting After Separation course
(Family Law Practice Note 1);
(b) all matters related to the conduct of CMC hearings, including
scheduling and setting agendas for CMC hearings, adjourning CMC
hearings and proceeding with CMC hearings in the absence of a party;
(c) adjournments of Court dates where all parties consent, except where the
date was set by Court Order, or adjournments as directed by the CMJ;
and
(d) waiving or postponing the payment of Court fees under Rule 13.32.
CMC may provide or confirm their directions to the parties in writing with a
copy to the CMJ and the Court file.
(ii) Recommendations
CMC may make recommendations to parties regarding any matter in a case
including:
(a) narrowing or resolving issues;
(b) scheduling and litigation plans, including deadlines for the completion
of steps in the litigation;
(c) parties’ attendance at Court proceedings, including CMJ hearings and
CMC hearings;
45
December, 2016
Alberta Rules of Court
Volume 2
Court of Queen’s Bench
Notices to the Profession and Public
(d) procedures to select experts;
(e) procedures to view, exchange and serve documents (other than
documents initiating a Court proceeding);
(f) sharing of the costs of litigation steps;
(g) procedures for obtaining leave of the Court;
(h) issues to be addressed at CMJ hearings;
(i) organization and page limits for materials to be served and filed for
CMJ hearings and other Court proceedings, where set by the Rules,
Practice Notes or Notices to Profession and Public;
(j) discouraging unnecessary and/or inappropriate applications;
(k) parties’ attendance or involvement in available services and procedures,
including dispute resolution processes; and
(l) any other matter that may be assigned by the CJ, ACJ or CMJ.
(iii) Other Functions
CMC may perform the following functions:
(a) conduct conferences under Rule 4.10;
(b) act as a referee under Rules 6.44 – 6.46;
(c) attend and participate in CMJ hearings;
(d) schedule and set agendas for CMJ hearings with the approval of the
CMJ;
(e) attend and participate in Judicial Dispute Resolutions when requested by
the CJ, ACJ or CMJ;
(f) sign fiats as directed by the Court;
(g) sign Orders under Rule 9.4(2);
(h) facilitate the preparation of Consent Orders for presentation to the CMJ;
(i) monitor and assist in the management of litigation;
(j) provide litigation guidance to parties; and
(k) vet applications and other materials to ensure parties are in a position to
proceed before the Court.
Neil C. Wittmann,
Chief Justice
John D. Rooke,
Associate Chief Justice
Notice to the Profession and Public
Commercial Practice List
Electronic Documents and Bench Copies
NP#2016-04
July 5, 2016
Effective August 1, 2016, all parties with matters booked on the Commercial
Duty List are directed to provide:
(a) Courtesy hard copies; and
46
December, 2016
Alberta Rules of Court
Volume 2
Court of Queen’s Bench
Notices to the Profession and Public
(b) Electronic copies, in PDF form;
of all materials that the party intends to rely on – including copies of any
materials filed in an earlier application, in the event that the party intends to rely
upon those materials at the hearing – to the Commercial Coordinator in Calgary
or Edmonton, with the electronic copies to the following email addresses:
In Calgary:
[email protected]
In Edmonton:
[email protected]
Neil C. Wittmann,
Chief Justice
John D. Rooke,
Associate Chief Justice
Notice to the Profession and Public
New Duty Grid Pilot Project
NP#2016-05
September 1, 2016
Please be advised that the Court of Queen's Bench of Alberta is commencing a
pilot project on September 6, 2016, that results in Family Law Chambers being
held each morning and afternoon, Monday through Friday in Edmonton and
Calgary. Additional details about the implementation of the pilot project in
Edmonton and Calgary are provided below.
The pilot project is a recommendation from the Court's Workload Committee
that will afford Queen's Bench Justices reading time for Family Law and other
special applications. Questions or concerns regarding the pilot project may be
forwarded to Chief Justice Wittmann (in Calgary) or Associate Chief Justice
Rooke (in Edmonton).
In addition to changes to the scheduling of Family Law Chambers, as set out
below, commencing September 6, 2016, all applications without notice
(including consent orders) that fall within a Master's jurisdiction (including
substitutional service orders in divorce actions) are to be brought before a Master
in Calgary and in Edmonton, rather than in Justice Chambers.
Edmonton
At present, in Edmonton, two Family Law Chambers sittings are held each
morning. Effective September 6, 2016 and until further notice, one Family Law
Chambers sitting will be held each morning and afternoon, Monday through
Friday.
47
December, 2016
Alberta Rules of Court
Volume 2
Court of Queen’s Bench
Notices to the Profession and Public
Emergency Protection Orders will continue to be heard at 9:30 a.m.
Morning Family Law Chambers will continue to commence at 10:00 a.m. and
conclude when the morning list is complete (typically, no later than 12:00 p.m.)
Afternoon Family Law Chambers will commence at 2:00 p.m. and continue until
the afternoon list is complete (typically, no later than 4:00 p.m.).
The lists will continue to be capped to prevent overrun.
Legal Aid Duty Counsel and Court Generated Order Clerks will continue to be
present in both the morning and afternoon sittings of Family Law Chambers.
Counsel and self-represented litigants will have the option of attending either
morning or afternoon sittings of Family Law Chambers.
If a Justice presiding in Family Law Chambers is disqualified from hearing a
matter, he/she may direct the matter to be heard in the morning sitting of (Civil)
Justice Chambers or by the Emergency Duty Justice in a courtroom to be
assigned.
Calgary
At present, in Calgary, three Family Law Chambers sittings are held each
morning. Effective September 6, 2016 and until further notice, one Family Law
Chambers sittings will be held each morning and two (one self-represented and
one for counsel represented matters) Family Law Chambers sitting will be held
each afternoon, Monday through Friday.
Emergency Protection Orders will be heard daily at 1:30 in the same courtroom
that Family Law Chambers are heard.
Commencing October 3, Emergency Protection Orders will be heard daily at
9:30 in the same courtroom that Family Law Chambers are heard.
Morning Family Law Chambers will continue to commence at 10:00 a.m. and
conclude when the morning list is complete (typically, no later than 12:00 p.m.)
Afternoon Family Law Chambers will commence at 2:00 p.m. and continue until
the afternoon list is complete (typically, no later than 4:00 p.m.).
Legal Aid Duty Counsel and Court Generated Order Clerks will continue to be
present in the sittings of self-represented Family Law Chambers.
Litigants attending for self-represented chambers in the afternoon will be
directed to attend at Duty Counsel’s office at noon in order to ensure that
chambers can begin on time.
The lists will continue to be capped to prevent overrun.
If a Justice presiding in the morning sitting of Family Law Chambers is
disqualified from hearing a matter, he/she may direct the matter to be heard in the
48
December, 2016
Alberta Rules of Court
Volume 2
Court of Queen’s Bench
Notices to the Profession and Public
Civil Law Chambers or by the Emergency Duty Justice in a courtroom to be
assigned.
Neil C. Wittmann,
Chief Justice
John D. Rooke,
Associate Chief Justice
Notice to the Profession and Public
Interim Expansion of Matters on the Commercial Practice List
NP#2016-06
October 17, 2016
Commercial Practice Note 1 is located on the Court of Queen’s Bench of Alberta
website, at:
https://albertacourts.ca/docs/default-source/Court-of-Queen's-Bench/commercialpractice-note-1-commercial-chambers-initiative.pdf?sfvrsn=2
As a result of recent developments in the Alberta economy, on an interim basis
only, the scope of matters falling within the scope of Commercial Practice Note
1 is expanded to include:
•
•
•
•
Norwich applications;
Mareva injunctions;
Anton Piller applications;
Freeze orders under the Civil Enforcement Act;
Neil C. Wittmann,
Chief Justice
John D. Rooke,
Associate Chief Justice
Notice to the Profession and Public
Section 7 Orders and Enforcement
NP#2016-07
October 31, 2016
In May of 2016, in response to the Court’s decision in Fraser v Airhart, 2016
ABQB 136, the Maintenance Enforcement Program (MEP) issued a new policy
for the enforcement of section 7 expenses under the Federal Child Support
Guidelines and Alberta Child Support Guidelines.
In Fraser v Airhart, none of the child support orders at issue authorized specific
section 7 expenses and they referred only to proportionate sharing. While noting
49
December, 2016
Alberta Rules of Court
Volume 2
Court of Queen’s Bench
Notices to the Profession and Public
that judges and lawyers must be clear in drafting section 7 orders, MEP was
found to have over-reached in deciding what expenses would be payable from a
table of allowable expenses.
Under the new policy, MEP will continue to collect section 7 expenses where the
court order or agreement provides that:
1. A party is to pay a fixed dollar amount for section 7 expenses (e.g. order
states “…must pay $50 per month for section 7 expenses.”);
2. Parties are to pay a percentage or proportionate share of expenses and the
order clearly specifies what expense are payable (e.g. order states “…each
party must pay 50% of expenses for daycare, piano lessons, and orthodontic
treatment.”);
If the court order or agreement requires the parties to pay a percentage or
proportionate share of expenses for a child but does not specifically state what
expenses are to be shared, MEP will not be able to enforce this term.
The new MEP policy is consistent with s. 13 (e) of the Guidelines, which
provides that a child support order must include the following information:
(e) the particulars of any expense described in subsection 7(1), the child to
whom the expense relates, and the amount of the expense or, where that
amount cannot be determined, the proportion to be paid in relation to the
expense . . .
MEP will no longer enforce section 7 orders that do not comply with section
13(e) of the Guidelines.
All section 7 orders granted by the Court, including consent orders and desk
divorces, are impacted. Effective immediately, all section 7 orders should comply
with s. 13 (e) of the Federal Child Support Guidelines and the Alberta Child
Support Guidelines.
The Court will strictly enforce these requirements starting January 1, 2017.
Neil C. Wittmann,
Chief Justice
John D. Rooke,
Associate Chief Justice
50
December, 2016
Alberta Rules of Court
Volume 2
Court of Queen’s Bench
Notices to the Profession and Public
Notice to the Profession and Public
Mandatory Early Intervention Case Conference Pilot Project
for Family Law Matters
NP#2016-08
October 31, 2016
1. The Court has approved a pilot project for mandatory early intervention case
conferences (EICC’s) in family law matters. The purpose of this Notice is to
request feedback from the Family Law Bar on the proposed project. It is
proposed that the project begin on September 1, 2017.
2. The goals in implementing this pilot project include reducing interlocutory
applications (including special chambers applications), reducing the number of
files that require case management, creating a culture of resolution and, for those
matters that must go to trial, ensuring that they get to trial within a reasonable
period of time.
3. Files will be diverted into the project from those files in regular family
chambers that are being adjourned to special family chambers. Except for a short
period prior to September 1, 2017 as explained below, this would not include
matters that have already been scheduled for special family chambers prior to
September 1, 2017.
4. In the interests of achieving consistency, there will be a roster of 8 Justices
in Edmonton and 8 Justices in Calgary who will be responsible for selecting files
for diversion into the project and for conducting the EICC’s. There will be
training for the Justices on the rosters and for those Justices in Red Deer and
Lethbridge who will be participating in the project.
5. The EICC pilot project will run for a period of 1 year beginning on
September 1, 2017, only in the judicial centres of Calgary, Edmonton, Red Deer,
Lethbridge, and Medicine Hat. In Edmonton and Calgary, 4 matters per week
will be referred to the EICC pilot project from regular family chambers where
those matters are proceeding to special family chambers and the Justice in
regular chambers determines that it is an appropriate matter to be referred to a
mandatory EICC. In Red Deer, Lethbridge and Medicine Hat, each centre will
determine how many matters will be referred to the EICC pilot project from
regular family chambers based upon the same criteria.
6. As the target date for implementation of the pilot project is September 1,
2017, it will be necessary for the EICC’s scheduled for September of 2017 to be
selected from regular chambers in June, July, or August of 2017.
7. When a matter is directed to a mandatory EICC in regular chambers, the
litigants will be provided with a letter setting out their scheduled EICC date
(targeted to be within about 4 to 6 weeks) along with the EICC Summary form to
be completed by both litigants. The letter will confirm the requirement that the
EICC Summary form must be provided to the opposing party and to the Court 10
51
December, 2016
Alberta Rules of Court
Volume 2
Court of Queen’s Bench
Notices to the Profession and Public
days prior to the scheduled EICC, with itemized consequences for failure to do
so.
8. As disclosure is an integral part of the process, it will be necessary for the
applicable disclosure to have been exchanged by the parties prior to the
completion and exchange of the EICC Summaries in order to enable meaningful
settlement discussions at the EICC.
9. EICC’s will take place in a courtroom and the parties must be present. The
EICC will have two components to it – a procedural component, for which an
Order may be made - and a settlement discussions component, which will be
without prejudice. The EICC will be held “in camera”. A report will be
completed by the EICC Justice and provided to the parties following the EICC.
In addition, Counsel will be asked to prepare any procedural order arising from
the EICC. Where neither party has counsel, use will be made of the Court
Generated Orders Clerks to prepare any procedural order arising from the EICC.
10. The EICC’s will take place on one day each week, will be one hour in
length, and will be scheduled at 9:30 am, 11:00 am, 1:30 pm, and 3:00 pm.
11. This pilot project will not interfere with the current scheduling of half hour
case conferences pursuant to Rule 4.10. These will continue to be directed in
regular chambers where appropriate but will not be part of the EICC pilot
project. Those shorter case conferences will not be scheduled into the time slots
reserved for the EICC’s.
12. All matters scheduled for Special Chambers, which are not resolved in, or as
a result of, the EICC process, will continue to be heard as scheduled.
13. The proposed date for implementation of this pilot project is September 1,
2017. Input is requested from the Family Law Bar on this proposed pilot project
and may be provided to Anderson, J or Yungwirth, J by not later than January 15,
2017 by letter or email to [email protected] or
[email protected].
Neil C. Wittmann,
Chief Justice
John D. Rooke,
Associate Chief Justice
Notice to the Profession and Public
Assignment of Calgary Case Management Justice
NP#2016-09
November 2, 2016
For the purposes of conducting all matters referred to in the Notice to the
Profession and Public, Civil and Family Case Management, June 27th, 2016
pertaining to Case Management in Calgary only, I hereby appoint the
52
December, 2016
Alberta Rules of Court
Volume 2
Court of Queen’s Bench
Notices to the Profession and Public
Honourable Mr. Justice D. Blair Nixon as my designate to act on all Case
Management matters in the Judicial Centre of Calgary required to be done by the
Chief Justice pursuant to the Rules of Court or the June 27th, 2016 Notice to the
Profession and Public, Civil and Family Case Management.
This designation is effective November 7th, 2016.
Neil C. Wittmann, Chief Justice
Notice to the Profession and Public
Court Applications and Master’s Jurisdiction
– Revised November 25, 2016
NP#2016-10
December 8, 2016
This Notice repeals and replaces this Court’s Notice to Profession entitled “Court
Applications and Master’s Jurisdiction – Revised July, 2015”. It eliminates the
prohibition against Masters hearing applications in any matter after a Form 37
has been submitted, contained in the last sentence of that Notice.
Where possible, any application involving a matter that is within the Masters’
jurisdiction should be returnable before the Masters in Chambers, not a Justice of
the Court of Queen’s Bench. In any Judicial Centre where Masters regularly sit,
applications that are within Masters’ jurisdiction, and are nevertheless brought in
Justice Chambers, will be removed from the Justice Chambers list and placed on
the Masters’ list.
Section 9(1)(a) of the Court of Queen’s Bench Act provides that a Master in
Chambers has the same jurisdiction as a Queen’s Bench Justice sitting in
Chambers with some exceptions. At present, this means Masters may hear:
A. The following Alberta Rules of Court (“ARC”) based applications:
1. Procedural orders (ARC 1.4)
2. Curing non-compliance, or setting aside non-compliant actions (ARC 1.5)
3. Appointment of and set conditions relating to litigation representatives
(ARC 2.15 – 2.17, 2.21)
4. Approval of payments, settlements, discontinuances involving litigation
representatives (ARC 2.18-2.20)
5. Applications not to disclose last known address of client after lawyer
withdraws (ARC 2.29)
6. Directions for service of notice of automatic termination of lawyer (ARC
2.32(3), (4))
53
December, 2016
Alberta Rules of Court
Volume 2
Court of Queen’s Bench
Notices to the Profession and Public
7. Procedural order to correct and continue proceedings under an enactment
(ARC 3.2(6))
8. Transfer of judicial centre (ARC 3.5-3.7)
9. Directing application of rules to proceedings brought by Originating
Application (ARC 3.10)
10. Conversion of Originating Application to Statement of Claim (ARC
3.12)
11. Extending time for service of Statement of Claim (ARC 3.26, 3.27)
12. Judgment against defendant who has filed and served a Demand of
Notice (ARC 3.34(6))
13. Leave to enter default judgment against person represented by litigation
representative (ARC 3.36(2))
14. Costs against defendant that filed but did not serve defence or demand of
notice (ARC 3.36(3))
15. Judgment against defendant noted in default, including unopposed
assessment of damages (ARC 3.37)
16. Judgment against third party, including before judgment against a
defendant is satisfied (ARC 3.53)
17. Judgment on a counterclaim against a defendant who does not file a
Defence or Demand of Notice (ARC 3.60(2))
18. Particulars (ARC 3.61(2))
19. Amending pleadings, including extension of time to add third parties and
related costs (ARC 3.62-3.66)
20. Addressing significant deficiencies in claims (eg. striking pleadings,
affidavits, failure to comply with document production requirements) (ARC
3.68)
21. Refining claims and changing parties, including severing and
consolidating actions (ARC Part 3, Division 6)
22. Litigation plans, including the classification of matters as standard or
complex, associated procedural orders and Court assistance (ARC 4.4 –
4.11)
23. Security for costs (ARC 4.22, 4.23)
24. Permission to withdraw formal offer to settle, judgment in accordance
with accepted offer, costs if not addressed (ARC 4.24(4), 4.25, 4.26)
25. Delay and long delay applications (ARC 4.31, 4.33)
26. Request for continuation of an action stayed on transfer of interest of a
party (ARC 4.34(2))
27. Modification of disclosure rules (ARC 5.3)
28. Appointment of corporate representative (ARC 5.4)
54
December, 2016
Alberta Rules of Court
Volume 2
Court of Queen’s Bench
Notices to the Profession and Public
29. Production of documents and penalty for failure, and production from
non-parties (ARC 5.11 – 5.13)
30. Non-application of deemed admissions relating to produced records
(ARC 5.15(5))
31. Use of undisclosed records (except at trial) (ARC 5.16)
32. Questioning and undertakings, including costs of questioning, conduct
money, setting aside appointments, compelling attendance, use of transcripts
and lifting the implied undertaking (ARC 5.17 – 5.20, 5.24, 5.25, 5.28, 5.31
– 5.33, 6.16 – 6.18, 6.38 – 6.39)
33. Timing and sequence for expert reports, questioning experts before trial
(ARC 5.35, 5.37)
34. Defence initiated medical examinations (ARC 5.41-5.44)
35. Directions on filing applications (ARC 6.3)
36. Applications for electronic hearings (ARC 6.10)
37. Preservation of evidence for future use, obtaining evidence outside
Alberta and assistance to judicial authorities outside Alberta (ARC 6.21 –
6.22, 6.24)
38. Preservation/inspection/payment out/release of personal
property/replevin/interpleader (ARC 6.25 – 6.27, 6.49, 6.51 – 6.53, 6.56,
6.59, 6.64 – 6.65))
39. Withdrawal of admission or denial, set aside Notice to Admit (ARC
6.37(6),(8))
40. Determination of an issue in advance of trial (ARC 7.1)
41. Judgment on admissions of fact or on records (ARC 7.2)
42. Summary Judgment (ARC 7.3)
43. Re-visiting entered and un-entered orders/ set aside default judgment
(ARC 9.15)
44. Renewal of judgment (ARC 9.21)
45. Satisfaction of judgment (ARC 9.22)
46. Enforcement of judgment against partner (ARC 9.23(3))
47. Sale of property to collect fraud judgment (ARC 9.24)
48. Removal, storage and sale of personal property and abandoned goods
(ARC 9.27-9.28)
49. Questioning in aid of enforcement (ARC 9.29)
50. Foreclosure, including references from a Justice on appeal from
assessment of costs in foreclosure actions (ARC Part 9, Division 5)
51. Sale of Land under the Civil Enforcement Act (ARC Part 9, Division 6)
52. Reciprocal enforcement of judgments (ARC Part 9, Division 8)
55
December, 2016
Alberta Rules of Court
Volume 2
Court of Queen’s Bench
Notices to the Profession and Public
53. Extension of time to review lawyers’ accounts, location of review,
enforcement of Review Officers’ decisions, reference (but not appeals) from
Review and Assessment Officers, return of records to client (ARC 10.10,
10.12, 10.18, 10.20, 10.25,10.39)
55. Costs/reference to assessment/ penalty costs for non-compliance with
rules, practice notes or court directions (ARC 10.31, 10.34, 10.49)
56. Service (substitutional, ex juris, validation, dispensing, setting aside,
foreign process) (ARC Part 11)
57. Stays, extensions/reductions of time periods set by rules, order/ judgment
or agreement (ARC 13.5(2))
58. Fiats to authorize court officers to do an act (ARC 13.28)
59. Directions for preparation and use of certified copies of original records,
filing and authenticating photographs, video recordings in place of transcript
(ARC 13.29(1), 13.30(1), 13.31)
B. Applications under the Builders’ Lien Act, the Civil Enforcement Act,
Condominium Property Act, Law of Property Act, Maintenance Enforcement
Act, Land Titles Act, Residential Tenancies Act (excluding appeals from the
Residential Tenancy Dispute Resolution Service).
However, Section 9 of the Court of Queen’s Bench Act mandates that Masters’
jurisdiction does not extend to:
1. Appeals, and applications concerning the hearing of appeals;
2. Applications to vary or rescind the order of a judge;
3. Stays following judgment after trial or hearing before a judge (unless all
parties consent);
Trials;
4. A matter for which the Chief Justice has given a direction that a master is
not to exercise that jurisdiction;
5. Determinations of disputed questions of fact (unless all parties agree to
determination on affidavit evidence without viva voce evidence);
6. Any matters relating to criminal proceedings or the liberty of the subject
(except under the Maintenance Enforcement Act);
7. Applications for contempt;
8. Applications for injunctive relief (except for attachment orders under the
Civil Enforcement Act);
9. Applications for prerogative writs;
10. Anything by law that is required to be done by a judge.
56
December, 2016
Alberta Rules of Court
Volume 2
Court of Queen’s Bench
Notices to the Profession and Public
In addition, Masters may not hear applications in any matter in case management
without the prior approval of the case management judge.
Neil C. Wittmann,
Chief Justice
John D. Rooke,
Associate Chief Justice
Notice to the Profession and Public
Charter Applications in Criminal Cases
Including Section 11(b) Unreasonable Delay Applications
NPP#2017-01
April 25, 2017
This Notice to the Profession applies to all criminal proceedings in the Court of
Queen’s Bench of Alberta, but is subject to any order made by a judge in a
specific criminal case. All references to a rule or rules in this Notice refer to the
Court of Queen’s Bench of Alberta Criminal Procedure Rules (“the Criminal
Rules”).
The purpose of this Notice to the Profession is to confirm and expand upon
Criminal Rule 12 dealing with applications for a Charter remedy. In particular,
this Notice is to ensure that s.11(b) applications before the Court of Queen’s
Bench of Alberta are scheduled and conducted in a fair and effective manner.
In R. v. Jordan, 2016 SCC 27, the Supreme Court of Canada established a new
framework for the consideration of unreasonable delay applications brought
pursuant to s.11 (b) of the Canadian Charter of Rights and Freedoms. The
decision included guidelines relative to cases that were already in the justice
system prior to the release of the decision on July 8, 2016.
As set out in Criminal Rule 12, an application for a remedy based on an alleged
violation of an accused’s rights under the Canadian Charter of Rights and
Freedoms must be made in Form CC1 and in accordance with Division 1 of the
Criminal Rules, except that the application and supporting documents must be
served on the parties and the Court 7 days prior to the pre-trial conference or 60
days before trial, whichever is earlier, or as directed by the Court.
In the case of s.11(b) unreasonable delay applications, all such applications must
be scheduled for hearing at least 60 days in advance of the trial so as to allow
these applications to be determined well before the trial and, in most instances,
before the date on which the parties must serve and file materials in support of
other pre-trial applications.
If the s.11(b) application is allowed and a stay is granted, the court and the
parties will have sufficient time to re-allocate the time that was set aside for the
trial but which is no longer required. In such circumstances, the parties will be
57
April, 2017
Alberta Rules of Court
Volume 2
Court of Queen’s Bench
Notices to the Profession and Public
spared the time and expense of preparing and filing materials for other pre-trial
applications. If the application is dismissed, cases will be ready to proceed on
their scheduled trial date. This is particularly important where a jury panel have
been summonsed for the matter.
Part I: Scheduling of s. 11(b) Applications
A. Pre-trial Conference
1. Where the Defence intends to bring a s. 11(b) application, the Defence must
do so at least 7 days before the pre-trial conference. Where the intention to bring
a s. 11(b) application is not included in the CC7 form, and is not raised during
the pre-trial conference, the Defence must provide written notice of this change
in position to the Crown, any other co-accused, and the Queen's Bench Criminal
Trial Coordinator in the applicable judicial district, and arrange for a further pretrial conference as soon as practicable, as required under Part 3 of the Criminal
Rules.
2. The Court may permit and/or direct that this pre-trial conference be
conducted by teleconference.
3. The pre-trial conference judge will inquire about and discuss any matter that
may promote a fair and expeditious hearing of the s. 11(b) application including,
but not limited to, (i) the scheduling of the application; (ii) the parties’ positions
as to the cause of any particular periods of delay in the case, including whether
the delay is attributable to the Defence or to “extraordinary circumstances”, as
defined in R. v. Jordan, and (iii) the materials required to be filed in support of
the application.
4. If the assigned trial judge is not available to hear the Jordan application for
whatever reason, the Chief Justice will appoint a case management judge to hear
the application, pursuant to s. 551.1 of the Criminal Code.
B. Hearing of the s. 11(b) application
5. Unless otherwise directed by a judge, all s. 11(b) applications must be
scheduled to be heard at least 60 days before the first scheduled day of trial or,
where pre-trial applications are scheduled to be heard separately in advance of
the trial, at least 60 days before the first scheduled day of pre-trial applications.
6. Before filing a s. 11(b) application, the Applicant must apply for the
appointment of a s.551.1 Case Management Justice (see NP #2012-14) and a
hearing date from the Court. Before seeking this date from the Court, the
Applicant will be expected to consult with the Crown and any other accused to
canvass all parties’ common available dates and a reasonable time estimate for
the duration of the hearing of the application.
7. Unless otherwise directed by a judge, the materials in support of the
application must be filed and served as follows:
58
April, 2017
Alberta Rules of Court
Volume 2
a)
Court of Queen’s Bench
Notices to the Profession and Public
The Applicant’s materials must be filed at least 21 days before the
hearing of the application; and
b) The Respondent’s materials must be filed at least 7 days before the
hearing of the application.
c)
Any rebuttal material must be filed by the Applicant at least 2 days
before the hearing of the application.
Part II: Supporting Materials in Charter Applications
A. Written Briefs
8. Unless otherwise directed by a judge, a written brief of argument is required
from each party relative to all alleged breaches of s.11(b) of the Charter. The
brief should not exceed 20 pages in length, unless otherwise directed. Written
briefs in relation to all other alleged breaches of the Charter may be directed by
the Court. Counsel are required to file joint books of authorities. Those portions
of decisions specifically relied upon must be highlighted.
9. The filing deadlines prescribed in paragraph 7, above, apply to all Charter
applications.
B. Transcripts
10. The Court wants to strongly discourage the filing of transcripts relative to
each and every court appearance leading up to the s.11(b) application. The
parties shall make all reasonable efforts to come to an agreement on the total
delay to be considered in a particular case, as well as an agreement on the periods
of delay attributable either to the defence or to “exceptional circumstances”, as
defined in Jordan. Where the parties reach such an agreement, an agreed
statement of fact shall be filed. In the absence of agreement, the parties are
required to provide a clear statement of their position relative to these two
periods of delay.
11. In transitional cases, (ie. cases with a charge date before July 8, 2016), the
written material (brief or agreed statement of facts) should clearly attribute each
period of time in the proceeding to one of the five categories of delay identified
in R. v. Morin: (i) inherent time requirements; (ii) delay attributable to the
accused/defence; (iii) Crown delay; (iv) institutional delay and (v) other reasons
for delay). The parties shall make all reasonable efforts to come to an agreement
on the time to be attributed to each of these categories of delay.
12. If transcripts of key appearances are required, only that portion of the
transcript relating to discussions about scheduling, adjournments and the
selection of the next court date need be provided. The party seeking to rely on a
transcript is required to file it in conjunction with its other written materials.
59
April, 2017
Alberta Rules of Court
Volume 2
Court of Queen’s Bench
Notices to the Profession and Public
Neil C. Wittmann,
Chief Justice
John D. Rooke,
Associate Chief Justice
60
April, 2017
Alberta Rules of Court
Volume 2
Court of Queen’s Bench
Civil Practice Notes
Court of Queen’s Bench of Alberta
Civil Practice Note No. 1
Applications Without Personal Appearance
March 1, 2011
A. Applications without Personal Appearance and Consent Applications
As contemplated by R. 6.9(1)(c), a party may apply for applications without
notice or Consent Orders without personal appearance. Applications so made will
be placed before a Judge by the Clerk and returned by the Clerk to the party with
the Order signed or a note setting forth the grounds for rejection. The following
practice rules will apply to such applications:
1.
In this Practice Note, “Duty Judge” means a judge designated by the Chief
Justice as a duty judge for the appropriate day or week as the case may be.
2.
Where in this Practice Note reference is made to a Judge, such reference
includes a Master with respect to any matter that is within his or her
jurisdiction.
3.
The parties will file the usual material in support of the application, together
with the application form and any other materials that the parties wish to put
before the Court, with the Clerk or his or her designate in the Judicial Centre
in which the application should be made according to the Rules.
4.
The materials should be securely bound together.
5.
When the application is made at a Judicial Centre at which a Judge is not
then sitting, the Clerk will, on request of the party, forward the material to a
Duty Judge sitting in another Judicial Centre.
B. Contested Electronic Applications
A party may apply to a Duty Judge, or another judge as may be arranged by the
Clerk, on notice for an application to be dealt with at an electronic hearing in
accordance with R. 6.10.
The following practice will apply:
6.
The appropriate Judicial Centre for these applications is the Judicial Centre
in which the application should be made according to the Rules.
7.
All material normally filed in respect of an application shall be filed in the
usual way. Material filed will, unless otherwise directed by the hearing
Judge, be faxed by the Clerk to the Judge to be available for the hearing.
8.
The Clerk shall originate the telephone call at the appointed time.
1
September, 2012
Alberta Rules of Court
Volume 2
Court of Queen’s Bench
Civil Practice Notes
Application Without Notice
(Pursuant to Civil Practice Note #1)
Q.B. action #
Date
Style of Cause:
vs.
Applying for Order/Fiat:
Name of Applicant/Solicitor:
Contact information/Name of Firm
Applicant’s submissions:
Judges/Masters Comments:
Judge/Master:
Granted
Date:
Signed
2
Not Granted
September, 2012
Alberta Rules of Court
Volume 2
Court of Queen’s Bench
Civil Practice Notes
Court of Queen’s Bench of Alberta
Civil Practice Note No. 2
Special Applications
January 20, 2017
1
(a) Reference in this Practice Note to the Special Applications Clerk means
such court official(s) as the court clerk shall designate to handle Special
Applications.
(b) A Special Application is a contested application before a judge or
master other than a family law matter likely to take longer than 20
minutes to argue but not longer than a half day. Matters likely to require
more than a half day for argument before a judge shall be filed in
accordance with Part 8: Trial, and when before a master shall be set
down on application to a master.
2.
Pursuant to R. 6.11(1)(g), viva voce evidence may be adduced on the hearing
of a Special Application only with the prior leave of the Court on notice, if
appropriate, to the other parties involved.
3.
Hearing times for Special Applications will be assigned on request by the
Special Applications Clerk.
4.
When filing an Application for a Special Application returnable on the
assigned date, counsel filing it shall indicate an estimate of the time required
for argument.
5.
Counsel applying for adjournment of regular applications to Special
Applications or to Trial should first obtain a hearing date from the Special
Applications Clerk. Thereafter, counsel should apply for the adjournment
and advise the Special Applications Clerk forthwith on the granting of the
adjournment.
6.
If an application in respect of which an Application has been previously filed
and served is adjourned to an assigned date, the Applicant’s counsel must
forthwith serve all interested parties with written advice of the fact that the
matter has been converted to a Special Application and give the assigned
date. If no previous Application has been filed and served, the Applicant’s
counsel must forthwith file the materials required by R. 6.3 and serve a copy
of all filed materials on all interested parties, returnable on the assigned date.
7.
(a) If the Applicant’s brief required pursuant to para. 8 is not filed in time,
the application will be struck automatically. The Special Applications
Clerk may then replace the struck matter with another application which
does comply with the filing requirements.
3
February, 2017
Alberta Rules of Court
Volume 2
Court of Queen’s Bench
Civil Practice Notes
(b) If a Respondent’s brief required pursuant to para. 8 is not filed in time,
the application may proceed and the Court may order costs against the
Respondent, or impose such other penalty as is deemed appropriate.
(c)
8.
If an Applicant wishes an application reinstated which has been struck
because of non-compliance with the filing requirements and no other
matter has been scheduled in its place, and in any Special Application
in which the Respondent wishes to file a brief late, an application may
be made for leave to reinstate or to file late.
(a) Short and concise written briefs by all parties must be filed with the
Special Applications Clerk as hereinafter set forth.
(b) The brief of the Applicant must contain a written summary of the
relevant facts involved in the application and the main points of law that
will be argued. The brief of the Respondent will respond in like manner.
(c) Counsel should only reproduce those authorities that are expected to be
referred to on the application, and should not reproduce a full authority
when a headnote or extract will suffice. Any portions of authorities
which counsel intend to rely on shall be hi-lighted.
9.
(a) The Applicant’s Application, Affidavits, brief and authorities must be
filed with the Special Applications Clerk and served on the
Respondent(s) at or before 4:00 p.m. on the third Friday before the week
in which the assigned hearing date falls. A Respondent’s brief and
authorities must be filed with the Special Applications Clerk and served
on the Applicant at or before 4:00 p.m. on the second Friday before the
week in which the assigned hearing date falls;
(b) If the Friday on which a brief and authorities are required by this
paragraph to be served is a holiday, the filing and service of the brief
and authorities must be done the day before the holiday.
10. Applications for adjournment after the Applicant’s brief has been filed
should be made to the judge or master assigned to the application or, in the
absence of or failing the assignment of that person, to another judge or
master.
11. Notwithstanding paragraph 10, an adjournment sought more than 3 weeks
prior to an assigned hearing date may, with the prior agreement of all parties,
be obtained by telephone from the Special Applications Clerk but must be
confirmed by fax or by letter, copied to all other counsel.
12. Without leave of the judge or master assigned to the application or, in the
absence of that person, another judge or master, counsel may not rely on
briefs filed in respect of previous applications in lieu of new briefs, or file
4
February, 2017
Alberta Rules of Court
Volume 2
Court of Queen’s Bench
Civil Practice Notes
supplemental briefs or other materials after the deadline for filing and
service of the party’s materials set out in paragraph 9.
Court of Queen’s Bench of Alberta
Civil Practice Note No. 3
National Database of Class Proceedings
March 1, 2011
The Canadian Judicial Council has endorsed the recommendation of the
Uniform Law Conference of Canada for the creation of a Canadian Class
Proceedings Database to facilitate the exchange of information about multijurisdictional class proceedings. The Canadian Bar Association has announced a
pilot project to establish such a Database and this Practice Note is issued to
support the initiative.
Similar Practice Notes or Directions have been issued in British Columbia,
Quebec and Ontario, and it is anticipated that similar procedures will be
implemented across the country and that lawyers and members of the public will
be able to search the Database to obtain information about class action
proceedings that have been commenced in any jurisdiction in Canada.
For existing class proceedings, within 60 days of the effective date of this
Practice Note, and for new class proceedings, within 10 days of service or filing,
whichever is earlier, a copy of any:
1.
Statement of Claim issued under the Class Proceedings Act, S.A. 2003,
c. C - 16.5; or
2.
Application for certification (not including affidavits in support); or
3.
Amendments to the foregoing,
must be sent electronically by plaintiff’s counsel to the National Class Action
Database of the Canadian Bar Association at the following address:
National Class Action Database
Canadian Bar Association
E-mail: [email protected]
Web-site: www.cba.org/classactions
A registration form must be used when submitting documents to the
National Class Action Database, with data entered electronically. A copy of this
registration form may be obtained online through the above e-mail or web-site.
Please be advised that PDF is the preferred format for documents; however, MS
Word documents will also be accepted.
5
February, 2017
Alberta Rules of Court
Volume 2
Court of Queen’s Bench
Civil Practice Notes
Court of Queen’s Bench of Alberta
Civil Practice Note No. 4
Guidelines for the Use of Technology in any Civil
Litigation Matter
March 1, 2011
1.
INTRODUCTION
1.1.
This Practice Note provides guidance to parties in the use of
Technology for the preparation and management of civil litigation in the
Court and a Court approved framework for managing both Hard Copy
and electronic Records in a Technology environment.
1.2.
Parties requiring further information or assistance in the appropriate use
of Technology in civil litigation in the Court are encouraged to contact
the eCourt Co-ordinator by email to
[email protected].
1.3.
Further information can also be found on the Court’s website at
http://www.albertacourts.ab.ca under the Litigation Technology link
where particular guidance with respect to the collection and
management of Electronic Material in civil litigation is provided.
1.4.
The Court may issue further Practice Notes about such matters as
electronic filing and electronic service of Court Documents. Parties are
encouraged to refer to the Court’s website at http://www.
albertacourts.ab.ca for current information on these matters.
1.5.
This Practice Note comes into force on March 1, 2011, unless otherwise
agreed by the parties to apply this Practice Note in whole or in part, for
matters initiated prior to this date.
1.6.
Definitions
1
1.6.1.
Technical terms used in this Practice Note are defined in
Appendix 4 – Glossary of Terms. A term which is so defined is
indicated by the use of bold italics underlined and is hypertext
linked in the electronic version of this Practice Note.
1.6.2.
In this Practice Note a reference to a rule is a reference to that
rule in the Alberta Rules of Court.11
Alberta Rules of Court, A.R. 124/2010
6
February, 2017
Alberta Rules of Court
Volume 2
1.7.
Court of Queen’s Bench
Civil Practice Notes
Appendices
Attached to and forming part of this Practice Note are:
Appendix 1
A checklist of Technology matters which parties may
use to identify technical options and issues that may
arise at various stages of the proceedings.
Appendix 2
A sample discoverable document which identifies the
type of information to be captured in the Fields to be
used for the description of documents in accordance
with the Default Standard for a schedule to an
Affidavit of Records pursuant to Rule 5.6;
Appendix 3
Guidelines showing how the default Fields should be
populated and suggesting possible additional Fields
for the description of Discoverable Records in a
Database.
Appendix 4 Glossary of Terms.
2.
APPLICATION OF THE PRACTICE NOTE
2.1.
In the event of a conflict between this Practice Note and the Alberta
Rules of Court, the Alberta Rules of Court apply.
2.2.
This Practice Note, in whole or in part, applies to any civil proceeding:
2.3.
2.2.1.
where the parties agree it will apply and sign a Protocol; or
2.2.2.
where the Court orders.
Parties are encouraged to adopt this Practice Note in a proceeding where
one or more of the following apply:
2.3.1.
a substantial portion of the Potentially Discoverable Records
consists of Electronic Material;
2.3.2.
the total number of Potentially Discoverable Records exceeds
1,000 Records, or is more than 3,000 pages;
2.3.3.
there are more than three parties to the proceeding;
2.3.4.
if the matter is likely to be more than a 10 day trial as specified
in the E-Appeals Practice Note (Court of Appeal Practice Note
(June 17, 2004) Part K, Electronic Appeals).; or
2.3.5.
the proceedings are multi-jurisdictional or cross-border.
7
September, 2012
Alberta Rules of Court
Volume 2
Court of Queen’s Bench
Civil Practice Notes
2.4.
Before any party seeks relief from the Court with respect to the use of
technology in the proceeding, the parties should use best efforts to reach
an agreement to use some or all of the provisions of this Practice Note
or another agreed Protocol.
2.5.
Parties should consider the ways in which the use of Technology might
lead to the more efficient conduct of the litigation and, in particular, to
its application and use in:
2.5.1.
delivering Court Documents to another party;
2.5.2.
communicating with another party;
2.5.3.
providing copies of Records to another party; and
2.5.4.
preparing an electronic Agreed Exhibit Book for trial or
hearing of a proceeding.
2.6.
This Practice Note does not apply to Standard Cases under Part 4 of the
Rules unless the parties consent.
2.7.
In a proceeding to which this Practice Note applies, the Court may, on
application by a party:
2.8.
2.7.1.
order that the proceeding or certain steps in the proceeding be
conducted using Technology;
2.7.2.
where a party is not reasonably able to access Records
produced by another party, order that such other party take
steps to enable access to Electronic Material produced by that
party;
2.7.3.
resolve disputes between the parties as to matters that are the
subject of this Practice Note, and give directions accordingly;
2.7.4.
order that there be an Electronic Trial of the proceeding;
2.7.5.
amend, vary or revoke any order previously made under this
Practice Note; or
2.7.6.
make any other order that it considers appropriate.
An order for the Electronic Trial of a proceeding may include any or all
of the following orders:
2.8.1.
that Court Documents and other Records be delivered to other
parties in electronic form;
2.8.2.
that Court Documents be delivered in electronic form for the
Trial Record;
8
September, 2012
Alberta Rules of Court
Volume 2
Court of Queen’s Bench
Civil Practice Notes
2.8.3.
that there be an electronic Agreed Exhibit Book;
2.8.4.
that there be a restriction upon the use of Hard Copy Records
at trial; and
2.8.5.
any other Order that the Court considers appropriate.
3.
COSTS
3.1.
The reasonable costs incurred in complying with this Practice Note,
including the expenses of retaining or utilizing necessary internal and
external consultants, are considered costs within the meaning of Rule
10.31(1).
3.2.
Where this Practice Note applies, and a party incurs disbursements for
work undertaken that is not in accordance with the Default Standard or
an existing agreed Protocol or a Court ordered Protocol, then these will
not be treated as costs within the meaning of Rule 10.31(1)(a), unless
otherwise ordered by the Court.
4.
DEFAULT STANDARD and AGREED PROTOCOL
4.1.
The Court expects that, in all proceedings to which the Practice Note
applies, in which the parties are unable to reach agreement on an agreed
Protocol, the parties will comply with the following Default Standard,
subject to amendments by order of the Court or further agreement by the
parties: 2
4.1.1.
the following formats are the default for the delivery of Court
Documents, to another party:
Record
Format
PDF - (Image only format)
Court Documents
Other than those listed below
2
Lists or schedules of
Discoverable Records under
Rule 5.6
Tab Delimited ASCII file
Record of Pleadings
PDF – (Image only format)
Index for the Agreed Exhibit
Book and the Record of
Pleadings (if appropriate)
Tab Delimited ASCII file
See Appendix 1 for other options for an agreed protocol
9
September, 2012
Alberta Rules of Court
Volume 2
4.1.2
Court of Queen’s Bench
Civil Practice Notes
the following formats are the default for the Fields for a list or
schedule of Discoverable Records: 3
Field
Data Type
Length of Field
Record ID
Alpha/numeric
AAA000000
Date
Date
YYYY-MM-DD
Record Type
Text
254 Characters
Author / [Author
Organization]
Text
Unlimited
Recipient /
[Recipient
Organization]
Text
Unlimited
4.1.3.
the default fields do not apply to documents over which
privilege is claimed:
4.1.4.
the following format is the default for imaged Discoverable
Records: 4
Single page TIFF (CCITT Group 4) with a resolution of 300
dpi
4.1.5.
the following format is the default for printable Electronic
Material:
Single page TIFF (CCITT Group 4) with a resolution of 300
dpi
4.1.6.
For all other Electronic Material please refer to Special
Considerations in Appendix 1
4.2.
If a party to whom this Practice Note applies wishes or needs to depart
from the Default Standard, it should seek agreement from all other
parties to an agreed Protocol. In an agreed Protocol, the parties are free
to modify any Field or format so long as the Data so produced and
material referred to in 4.1 meets the minimum standards required by the
Court and described in the Default Standard.
4.3.
In creating an agreed Protocol, the parties should give consideration to:
3
4
In not black and white then see Appendix 1 Special Considerations
In not black and white then see Appendix 1 Special Considerations
10
September, 2012
Alberta Rules of Court
Volume 2
Court of Queen’s Bench
Civil Practice Notes
4.3.1.
the issues concerning the collection and discovery of
Electronic Material discussed in the Guidelines for the
Discovery of Electronic Documents in Ontario, dated October
2005, which can be found on the website at
http://www.oba.org/en/main/ediscovery_en/default.aspx ; and
4.3.2.
the use which might be made of this Data
4.3.2.1. in the preparation of the index to the Agreed Exhibit
Book;
4.3.2.2. in the preparation of a Record of Pleadings; and
4.3.2.3. generally, at trial.
5.
COURT DOCUMENTS
5.1.
Parties are encouraged to agree to deliver and to accept service or
delivery of Court Documents and other Records and communications,
electronically.
5.2.
Even if the parties have not reached agreement as provided in section
5.1, a party must, unless the Court otherwise orders, deliver to any other
party upon request a copy in electronic format of any Court Document
which is required to be delivered in Hard Copy in addition to the Hard
Copy.
5.3.
Where a Court Document is provided in electronic format, it must
contain the same text as the Hard Copy.
5.4.
Where it is impracticable to deliver any part of a Court Document or
Record in an electronic format, it may be delivered in Hard Copy or its
original form.
5.5.
While the sender should make every effort to provide Malicious Code
free Data, it is the obligation of the recipient to test for Malicious Code.
6.
DISCOVERY OF RECORDS
6.1.
At an early stage in the proceeding, parties should consider whether
they:
6.1.1.
have in their power or possession any Electronic Material that
is potentially discoverable;
6.1.2.
have ascertained the probable volume of Records likely to be
produced on discovery by that party, taking into account any
limits on discovery that may be agreed between the parties or
the subject of a direction of the Court;
11
September, 2012
Alberta Rules of Court
Volume 2
Court of Queen’s Bench
Civil Practice Notes
6.1.3.
have conferred with the other parties regarding any issues
about the collection, preservation and production of
Discoverable Records including Electronic Material, and,
where possible, agreed on the scope of each party’s rights and
responsibilities with respect to these matters, including
agreeing on any changes to the default standard;
6.1.4.
have given the other parties notice of any problems reasonably
anticipated to arise in connection with the discovery of
Electronic Material and to have conferred with those parties
about these problems, including:
6.1.4.1. the desirability of limiting search efforts for any
category of Discoverable Records where these efforts
are considered to be unduly burdensome, oppressive
or expensive having regard to the importance or likely
importance of this category of Discoverable Records
to the proceeding;
6.1.4.2. the transfer (in whole or in part) of the likely costs of
searching for and discovering such Discoverable
Records to the party or parties demanding such
discovery; and
6.1.4.3. the identification of potentially relevant and material
Data that is likely to be destroyed or altered in the
normal course of the operations of the person in
possession or control of the Discoverable Records
containing such Data, or pursuant to any document
retention policy of that person.
6.1.5.
have given due consideration on how to manage Records
electronically in an Examination for Discovery pursuant to Part
5, Subdivision 3 of the Alberta Rules of Court.
6.2.
The Court’s website contains information regarding the type of
Potentially Discoverable Records in electronic form which may be in
the possession of a party and regarding matters which the parties and
should take into account in the collection, retention and protection of
Electronic Material.
6.3.
A Record is sufficiently described if it is described in terms of the
Fields described in the Default Standard, the agreed Protocol or the
Court ordered Protocol, as the case may be.
12
September, 2012
Alberta Rules of Court
Volume 2
Court of Queen’s Bench
Civil Practice Notes
6.4.
Notwithstanding that Discoverable Records have been produced for
inspection in electronic format, a party retains the right to inspect in its
original form any Discoverable Record (including those originally held
in Hard Copy).
6.5.
Where particular hardware or software or other supporting resources are
required to access discovered Electronic Material, the parties should
work together to ensure that Electronic Material can be inspected for
use in the proceeding.
7.
TRIAL
7.1.
Not later than the first pre-trial conference, the parties will be required
to make submissions to the Court regarding how best to use Technology
at the trial. They should address all aspects of the Technology that might
be used at trial by the parties and the Court, and in particular:
7.2.
7.1.1.
the equipment and services (including appropriate hardware,
software and additional infrastructure) that they and the Court
might require;
7.1.2.
the arrangements that may need to be made between the
parties, the Court and any third party service providers to
ensure that appropriate equipment and services are available at
the hearing;
7.1.3.
the format for the electronic Record of Pleadings, Agreed
Exhibit Book and any other Record that may be necessary
which is compatible with the software and Technology
available in the courtroom;
7.1.4.
the format of Expert reports and Transcripts of Examinations
for Discovery;
7.1.5.
the compliance of the parties with the requirements of any
Electronic Trial order; and
7.1.6.
how costs of the necessary equipment and services will be
shared subject to any orders as to costs made by the Court.
Not less than 30 days before the date appointed for the commencement
of the trial, the parties should meet with the eCourt Co-ordinator of the
Court to make arrangements for the provision of the required
equipment. At least 14 days prior to the date scheduled for the meeting,
the parties must make a joint submission in writing to the eCourt Coordinator regarding the arrangements they propose.
13
September, 2012
Alberta Rules of Court
Volume 2
Court of Queen’s Bench
Civil Practice Notes
7.3.
Where an Electronic Trial is to take place, an electronic version of the
Record of Pleadings must be filed at the same time as the Hard Copy
version, pursuant to Rule 8.4(2) of the Alberta Rules of Court, of the
Record of Pleadings is filed.
7.4.
Unless otherwise agreed among the parties or ordered by the Court, the
Default Standard will apply to Records contained in an Agreed Exhibit
Book.
7.5.
Each party should have available for production at trial within a
reasonable time, if required, the original Hard Copy or Native File as
the case may be, of each of the Discoverable Records in its possession
that are included in an Agreed Exhibit Book.
TECHNOLOGY CHECK LIST
Parties are encouraged to use this checklist to identify Technology options and
issues that may arise during proceedings. The Default Standard is applicable
unless the parties agree to another Protocol or the Court otherwise orders. For
more information, please see the Generic Protocol Document published on the
court’s website.
Required format for default standard (**)
1. PRE-TRIAL
Court Documents - Record Exchange
• Hard copy and electronic
0
• Electronic copy only
0
• Hard copy only?
0
Electronic Record Format for Court Documents
• PDF Version # 5 (**)
0
• Microsoft Word Version #
• WordPerfect Version #
6
0
7
0
• ASCII text file
0
• XML
0
• RTF
0
• HTML
0
5
# version of software must be agreed
# version of software must be agreed
7
# version of software must be agreed
6
14
September, 2012
Alberta Rules of Court
Volume 2
Court of Queen’s Bench
Civil Practice Notes
• Other
0
Record Exchange Via
2.
• CD-R (**)
0
• Email Attachment
0
• DVD-R
0
• Internet (eg. ftp site)
0
• External Storage Device
0
DISCOVERY OF RECORDS
Discoverable Records – Exchange
• Hard Copy and electronic copy (**)
0
• Electronic copy only
0
• Hard Copy only
0
Electronic Record List Format
0
• Tab Delimited ASC II file (**) [Note: Double quotes, hard
returns, asterisks and semi colons cannot be used in the
database text]
0
• ASCII CSV (comma separated values)
0
• Electronic Spreadsheet
0
• Word processing table format
0
• HTML Table
0
• XML
0
• Other
0
Record Exchange Via
• CD-R (**)
0
• Email Attachment
0
• DVD-R
0
• Internet (eg. ftp site)
0
• External Storage Device
0
In addition to the above list the parties may wish to
exchange the Data in an agreed Database format such as:
• Tab Delimited ASCII file (**)
0
• CT Summation format
0
• Dataflight Concordance
0
15
September, 2012
Alberta Rules of Court
Volume 2
3.
Court of Queen’s Bench
Civil Practice Notes
• Excel Spreadsheet
0
• File Maker Pro
0
• FTI Ringtail Casebook (aka Ringtail Legal 2005)
0
• Introspect format
0
• Microsoft MDB (aka Access)
0
• Searchlight
0
• Other
0
RECORDS PROVIDED TO A PARTY FOR INSPECTION
Record Inspection Format
• Native File or Image copy of Record (**)
• Hard Copy only
• Hard Copy and Native File/Image copy
• Non-paper Record for example, video/audio tape, Database,
microfiche, etc
• Other medium
4.
0
0
0
0
0
Image Formats / Record Formats (300 dpi)
• TIFF - Single page (**)
• TIFF – Multi page
• PDF
• Native File
• GIF
• JPEG
• Other
0
0
0
0
0
0
0
Record Exchange Via
• CD-R (**)
• Email Attachment
• DVD-R
• Internet (eg. ftp site)
• External Storage Device
0
0
0
0
0
TRIAL
Exchange of Agreed Exhibit Book Indexes
• Hard copy and electronic/Image copy (**)
16
0
September, 2012
Alberta Rules of Court
Volume 2
Court of Queen’s Bench
Civil Practice Notes
• Electronic copy only
• Hard Copy only
• Other Medium
0
0
0
Electronic Record Index Format
• Tab Delimited ASCII file (**)[Note: Double quotes, hard
returns, asterisks and semi colons cannot be used in the
database text]
• Word Processing Format
• Electronic Spreadsheet
• ASCII CSV (comma separated values)
• Other
0
0
0
0
0
Record Exchange Via
• CD-R (**)
• Email Attachment
• DVD-R
• Internet (eg. ftp site)
• External Storage Device
0
0
0
0
0
Agreed Exhibit Book Format
• Hard Copy and electronic/Image copy (**)
• Electronic Image copy of all Discoverable Records in the
index
• Hard Copy only
• Non-paper Record for example, video/audio tape, Database,
microfiche, etc.
• Other Medium
0
0
0
0
0
Electronic Image Formats (300 dpi)
• TIFF – Single page (**)
• TIFF – Multi page
• PDF
• GIF
• JPEG
• Native Format
• Other
0
0
0
0
0
0
0
Record Exchange Via
• CD-R (**)
0
17
September, 2012
Alberta Rules of Court
Volume 2
Court of Queen’s Bench
Civil Practice Notes
• Email Attachment
• DVD-R
• Internet (eg. ftp site)
• External Storage Device
5.
0
0
0
0
Special Considerations
Redacting (Management of Redacted Documents)
Image Resolution
Colour Images (Compression)
Unique Image Name (referenced by Record_ID)
Management of Lead/Attachment Relationships
Management of Oversized Records
Management of Unprintable Information (e.g. Databases)
Management of Confidential Information
Management of Multi-Media Files (such as audio and video
files)
Management of Forensically Gathered Information
0
0
0
0
0
0
0
0
0
Default Fields: (If information is available)
1. Record_ID AAA000000
2. Date (YYYY-MM-DD or 2001-11-20)
3. Record Type
4. Author/[Author Organization]
5. Recipient/[Recipient Organization]
The following is an example of a List of Documents which was populated using the
Data from the sample letter contained in Appendix 2. For more detail regarding
the Default Standard including options for departing from the Default Standard
including additional Data Fields parties may wish to consider including in a List of
Documents, please refer to Appendix 3.
18
September, 2012
Alberta Rules of Court
Volume 2
Court of Queen’s Bench
Civil Practice Notes
Example Affidavit of Records
Record ID
Date
Record
Type
Author/[Author Recipient/
Organization
[Recipient
Organization]
ABC000001
2001-11-20
Letter
Parker, Tom
[ACME Ltd]
19
Smith, Bill
[Wonder
Windows Inc]
September, 2012
Alberta Rules of Court
Volume 2
Court of Queen’s Bench
Civil Practice Notes
20
September, 2012
Alberta Rules of Court
Volume 2
Court of Queen’s Bench
Civil Practice Notes
Appendix 3
Database Field Guidelines
(Default Standard Fields are shaded)
Field
Data Type and
Length of Field
Notes
Record ID
Text and Numbers (if
appropriate) Length 9 or dependong on
Field structure
Each record should be uniquely identified by the first
page number being the Record ID, and stamped in
the required form. The Field will comprise a two part
number in form
Default Field 1
AAA000000 where “AAA” represents alphabetic
short- hand for the party name, where 000000
represents the page number or the numbers could be
used to suit the convenience of the party processing
the information. Unless processing electronic
information in its Native Format, each page of a
record should be individually numbered or some
other satis- factory arrangement should be reached
in an agreed Protocol and each TIFF Image should
be named to match the Record ID.
If processing Native Files the file name should be the
Record ID with each record numbered consecutively.
If the parties agree not to number each page,
consideration should be given to an additional Field
recording the number of pages in each record.
Attachments to Discoverable Records will be
separately listed and numbered. Attachments can be
numbered sequentially following the lead record. For
example, a lead record may be numbered XXX000001 (being a 5 page record) and its attachments
would be numbered as XXX000006 (being a 2 page
record) and XXX000008 (being a 1 page record).
Note: For larger matters parties should agree to use
an extended number such as AAA-BBB-FFFF-PPP
where:
AAA is the Party Code, which identifies the party in
the proceedings. Padded characters will not be used.
BBBB is the box or bundle number. Padded with zeros,
maximum value of 9999 (e.g. 0099) FFFF is the folder
of file number. Padded with zeros, maximum value of
9999 (e.g. 0020)
PPP is the unique “page” identifier within the
document. Padded with zeros, maximum value of 999
(e.g. 099). It should be noted that the first page
number in each document will become the document
ID.
Lead Record
Number
Text and Number,
Length depending
on the Record ID.
Contains first page of the lead record to which an
attachment is attached. There will never be multiple
entries in this Field as each attachment should only
21
September, 2012
Alberta Rules of Court
Volume 2
Court of Queen’s Bench
Civil Practice Notes
Structure
ever have one lead record
Field
Data Type and
Length of Field
Notes
Date
Date, 10
Date can be exported as:
Default Field 2
YYYY-MM-DD for example 2001-11-20
YYY = Year MM = Month DD = Date
Undated = If there is no way of ascertaining the date of
the record or it is illegible – leave Field
blank
Discoverable Records with no discernible date will be
coded as “Undated” by leaving the date Field blank.
It should be noted that in a true date Field “00” is not
an acceptable value and Discoverable Records with
only the month and year (e.g. August 1997) will be
coded as undated unless otherwise agreed between
the parties.
Discoverable Records with the day and month but no
year are considered undated.
Discoverable Records with a date range will be
coded using the earliest date unless otherwise
agreed.
OR
Format is YYYY-MM-DD: 2001-11-20
January is the default month when no month exists
and the ‘01' is the default day when no day exists.
For years use 1800 (on historical files use 2050).
•
Year but no month or day 01-Jan-2000 with the
estimated date field coded
•
Year and day but no month 01-Jan-1999 with the
estimated date field coded
•
No Year but month and day 01-Mar-1800 with
the estimated date field coded.
DO NOT fill in the missing information with zeros.
•
If the date is completely illegible LEAVE blank.
•
Look for the date the document was written,
created or signed.
•
If a date has been crossed out and another one
written in, use the original date.
•
If there is an undated fax cover, fax message or
fax confirmation/transmittal sheet, use the fax
22
September, 2012
Alberta Rules of Court
Volume 2
Court of Queen’s Bench
Civil Practice Notes
trailer date. The trailer date can only be used as
the Docdate if the Doctype is Fax.
Field
Data Type and
Length of Field
•
Newspaper and journal articles often have a
handwritten date on them – you can use this for
the docdate if there is no other date.
•
For electronic documents, the best available
meta data is acceptable.
Notes
Use the following priority for coding dates:
•
latest revised/updated date – the document
must state that it has been revised or updated
•
latest date of creation (top, bottom of page, or
end of document),
•
latest approved date
•
latest published date
•
latest copyright date
•
latest date from title – If the latest date is a
future date then code the latest non-future date
•
latest stamp date
•
latest print date
When coding agreements/contracts use the following
priority:
•
latest date next to actual signature - the signing
date
•
execution/in effect date – usually in the first
paragraph of the document
When coding court documents and legal documents
use the following priority:
Estimated Date
•
latest date next to actual signature - the signing
date
•
filing date
•
execution/in effect date
No = If the exact full date is on the record (for
example 1963-03-04).
Yes = Where we cannot be certain of the actual date
and it has been agreed in the Protocol to use
an estimate date. For example if there is a
partial date (e.g. August 1979), the date is
23
September, 2012
Alberta Rules of Court
Volume 2
Court of Queen’s Bench
Civil Practice Notes
stamped on, the date has been amended by
hand or the only visible date is on the fax track.
If an agreement has an original date as well as a
subsequent later date as a result of alterations being
made to the record, then the later date is taken as
the record date and “Estimated Date = Yes”.
If a newspaper clipping has the date/reference
handwritten on to the record, then the record is dated
according to the handwritten notation and is an
“Estimated Date = Yes”.
If there is a date range the first date of the date range
could be used and “Estimated Date = Yes”
Record Type
Text, 254
Default Field 3
This Field can be completed using commonly
received record types, for example letter, memo,
deed etc.
If the record has been faxed, this Field can include
“facsimile”.
If a group of Discoverable Records is being
discovered as a bundle, this Field may be completed
as “Record type bundle”.
If the document is an E-document then parties
should agree on appropriate document types such as
xls, Doc or msg, or agree to populate with traditional
document types, such as Document, Letter, Fax, etc.
Parties should confer and agree on a standard list on
a case by case basis at the earliest opportunity.
Author/[Author
Organization]
Text, 254 or as
appropriate
Default Field 4
Person or persons who authored the record. To be
completed using information on the face of the record.
Last name, First name for example “Parker, Tom
[ACME Ltd]”, or if it is an email address it should be
captured as it is written, E.g. [email protected]
Author Organization should not be derived from the
email address.
Semi colons must separate multiple entries.
Recipient/
[Recipient
Organization]
Text, 254 or as
appropriate
Person or persons who received the record. To be
completed using information on the face of the record.
Last name, First name for example “Smith, Bill
Field
Data Type and
Length of Field
Notes
Default Field 5
[Wonder Windows Inc]”, or if it is an email address it
should be captured as it is written, E.g.
24
September, 2012
Alberta Rules of Court
Volume 2
Court of Queen’s Bench
Civil Practice Notes
[email protected].
Recipient Organization should not be derived from
the email address.
Semi colons must separate multiple entries.
Record Title
Text 254 or as
appropriate
Title of a record such as “Report on Technology” etc.
or the “re” line in a letter, memorandum or email, full
name of an agreement or lease. Cheque numbers
and invoice numbers and amounts
If none of these then leave blank.
In a discovery of Native Files this could be where the
original electronic file name is captured.
Parties
Text, 254 or as
appropriate
Identifies parties to an agreement or other legal
record.
Source
Text, 20 or as
appropriate
Parties may find this Field useful to identify
Discoverable Records that have been obtained from
someone other than the party giving discovery; for
example, Discoverable Records obtained on
subpoena or through some other compulsory
process of obtaining access to Discoverable Records
or it could be used to identify the location of the
original record.
This Field would identify the party from whom such
Discoverable Records were obtained.
Non-paper
record
Text, 3
This Field can be used to identify information
recorded using a medium other than paper, where
the relevant information has not been printed out and
discovered in Hard Copy form; for example, video and
audio tapes, floppy disks and magnetic computer
tapes (these could contain emails, non standard
software applications, electronic Discoverable
Records, electronically stored Records or Image files
etc.). Permissible entries are “Yes” and “No”.
Redacted
Text, 3
If the produced record has been redacted.
Permissible entries are “Yes” or “No”.
Basis of
Redaction
Text, 12
If a document has been marked “yes” in redacted
field above, then choose reason, such as privilege or
confidential.
25
September, 2012
Alberta Rules of Court
Volume 2
Court of Queen’s Bench
Civil Practice Notes
Pages
Number
The number of pages in each record can be recorded
in this Field – particularly if parties decide to number
Records only.
Field
Data Type and
Length of Field
Notes
CC
Text
Person or persons who were copied in to the record.
To be completed using information on the face of the
record. Last name, First name for example “Smith, Bill
[Wonder Windows Inc]”, or if it is an email address it
should be captured as it is written, E.g.
[email protected].
Semi colons must separate multiple entries.
ENDOC
Text and Numbers
(if appropriate)
Length – 9 or
depending on Field
structure
Complete this field with the last page number in the
Record.
Appendix 4
Glossary of Terms
For the purposes of this Practice Note, the following technical terms shall have
the following meanings:
ASCII
The abbreviation for American Standard Code for Information Interchange
which is the most common format for text files in computers and on the
Internet. In an ASCII file, each alphabetic, numeric, or special character is
represented with a 7-bit or 8-bit binary number.
Court Documents
Those Records that are filed in Court or that are delivered to another party
pursuant to an order of the Court or a Rule or practice of the Court (such as
pleadings, discovery lists etc.), and includes witness statements, outlines of
expert evidence, chronologies, outlines of argument and other Records.
CSV (comma separated values)
The abbreviation for comma separated values. In computers, a file that
contains the values in a table as a series of ASCII text lines organized so that
each column value is separated by a comma from the next column's value
and each row starts a new line. A CSV file collects the Data from any table
so that it can be conveyed as input to another table-oriented application such
as a relational Database application. Microsoft Excel, a leading spreadsheet
or relational Database application, can read CSV files.
26
September, 2012
Alberta Rules of Court
Volume 2
Court of Queen’s Bench
Civil Practice Notes
Data
Electronic information that has been translated into a form that is more
convenient to move or process (in the format of a Database for example).
Database
A collection of Data that is organized so that its contents can easily be
accessed, managed and updated.
Default Standard
The standard format established by paragraph 4.1 of this Practice Note for
the exchange of electronic evidence.
Discoverable Records
Records that are required to be disclosed to a party in accordance with the
Alberta Rules of Court and practice of the Court.
Electronic Material
Any email messages or computer generated files identified in their Native
Format. An example is a computer file of a Microsoft Word record as
opposed to the printed version of that record.
Electronic Trial
An Electronic Trial is a hearing where evidence is managed, presented and
stored electronically by the Court in an eCourt. The eCourt is a multi-media
electronic in-Court system designed to manage the electronic information
relating to and generated by a Court case. The eCourt System is designed to:
Manage Transcripts
•
Real-time Transcript (What is being said right now)
•
Historic Realtime Transcript (What was said earlier today) (this can be
delivered in near realtime, or in batches of transcript delivered on a half
day basis or other intervals as may be appropriate)
•
Edited Transcript (What was said on previous days)
•
Streaming of Realtime to remote locations (if required)
Manage Evidence
Repository for Records and other multimedia based evidence stored using
Images and Native File formats imported from the participants
27
September, 2012
Alberta Rules of Court
Volume 2
Court of Queen’s Bench
Civil Practice Notes
Management of status - exhibits and MFI's (marked for identification) Court
Operator controlled Broadcast Channel (Public View)
Manage Associated Materials
•
Manage pleadings, witness statements, etc.
•
Manage Audio and Video
•
Streaming of realtime audio visual to remote locations (remote
transcription services)
Integrate External Resources
•
Links to the Court’s own web site pages (Protocol pro forma, Practice
Note)
•
Links to Internet web sites for research
•
Links to the Court’s additional core systems such as case management
Field
A Field represents a column of Data within a Database or a spreadsheet.
GIF
The abbreviation for Graphics Interchange Format which is one of the two
most common file formats for graphical Images on the World Wide Web.
The other is the JPEG (Joint Photographic Experts Group) which is another
image format used on the Web
Hard Copy
A Record in non-electronic form. A Hard Copy is often a paper copy of a
Record.
HTML
The abbreviation for Hypertext Markup Language which is a set of “mark
up” symbols or codes inserted in a file intended for display on the Internet
by a World Wide Web browser.
Image
A picture that has been created or copied and stored in electronic form, an
electronic photocopy. The format of the Image is given by the file extension
name suffix – for example BMP, GIF, JPEG, or TIFF.
28
September, 2012
Alberta Rules of Court
Volume 2
Court of Queen’s Bench
Civil Practice Notes
Image Resolution
A description of the sharpness of an Image sharpness (that is, the density of
illuminated points) which is measured in dots per inch (dpi). The dot pitch
determines the absolute limit of the possible dots per inch. Industry standard
is 200 dpi for black and white imaging.
Lead/Attachment Relationships
While lead and attachment relationships are not required in the default
Fields and may not be captured in the majority of lists of Records. Parties
will need to agree on whether to record this information and how it will be
recorded for exchange.
Malicious Code
Malicious code is the term used to describe any code in any part of a
software system or script that is intended to cause undesired effects, security
breaches or damage to a system. Malicious code describes a broad category
of system security terms that includes attack scripts, viruses, worms, Trojan
horses, backdoors, and malicious active content.
Native (Native Files or Native Format)
A reference to a computer file in its original electronic format. For example,
if a Record is produced as an Image or in Hard Copy format the original
electronic file is referred to as the Native Format.
PDF
The abbreviation for Portable Document Format which is an open file format
that captures all the elements of a printed document.
Potentially Discoverable Records
Records that are included in the initial collection of information at a time
when decisions are being made to determine which of them are Discoverable
Records.
Protocol
A special set of rules which are often described in terms of an agreed upon,
industry or international standard. For this Practice Note the default protocol
can be found on the Courts website (see sub-paragraph 1.3)
Record
Record has the meaning set out in the Definitions in the Alberta Rules of
Court, which includes:
29
September, 2012
Alberta Rules of Court
Volume 2
Court of Queen’s Bench
Civil Practice Notes
the physical representation or record of any information, data or other
thing that is or is capable of being represented or reproduced visually or
by sound, or both.
Record ID
The Record ID is the method by which each Record is uniquely identified.8
Redaction
The process by which information or text is electronically covered or
masked in such a way that it can not be read by other parties. Discoverable
Records that contain a combination of discoverable and non-discoverable or
privileged information may be produced with non-discoverable or privileged
information redacted.
RTF
The abbreviation for Rich Text Format which is a generic file format that
allows exchange of text files between different word processors in different
operating systems.
Tab Delimited
In computers, a Tab Delimited file contains the values in a table as a series
of ASCII text lines organized so that each column value is separated by a tab
character from the next columns value, and each row starts a new line.
Microsoft Excel, a leading spreadsheet or relational Database application,
can read Tab Delimited files.
Technology
Technology refers to any equipment or interconnected system or subsystem
of equipment that is used in the automatic acquisition, storage, manipulation,
management, movement, control, display, switching, interchange,
transmission, or reception of Data or information. The term information
technology includes computers, ancillary equipment, software, firmware and
similar procedures, services (including support services), and related
resources.
TIFF
The abbreviation for Tagged Image File Format which is a common format
for saving Image files.
30
September, 2012
Alberta Rules of Court
Volume 2
Court of Queen’s Bench
Civil Practice Notes
XML
The abbreviation for Extensible Markup Language which is a flexible way to
create common information formats and share both the format and the Data
on the World Wide Web, intranets, and elsewhere.
8
See Default Field 1 in Appendix 3 and, for an example, see Appendix 2.
Court of Queen’s Bench of Alberta
Civil Practice Note No. 5
Format of Expert Evidence of Economic Loss or Damages
March 1, 2011
1.
Where a party serves an expert’s report containing evidence as to economic
loss or damage pursuant to Rule 5.34, including any expert’s report offered
by way of reply, that report must contain the following information:
(a) a list identifying individually, all of the factors upon which, in the
opinion of that expert, finding of fact must be made to arrive at an
ultimate conclusion;
(b) the assumptions of fact for each factor, used to determine his/her
opinion as to economic loss or damage; (it would be helpful for the
expert to offer alternative conclusions based on all alternate
assumptions of fact available on the evidence);
(c) the expert’s reason(s) for choosing each such assumption from among
the available alternatives; and
(d) where alternative methods of calculating a loss/damages exist, the
method chosen by the expert and the reason for selecting same.
2.
Where the assumptions of fact chosen by an expert as a basis for his/her
opinion are based on evidence given by that expert, that evidence must also
be contained in the expert’s report. Counsel should be mindful that the value
of the expert’s report will be seriously debased if the expert makes
assumptions of fact for which no evidence is led at trial, either from the
expert or some other witness. If the expert has engaged in no independent
verification of the economic facts upon which his/her assumptions are based
that should be clearly noted.
31
September, 2012
Alberta Rules of Court
Volume 2
Court of Queen’s Bench
Civil Practice Notes
3.
When instructing experts, counsel should remain mindful that an expert’s
report is more effective if it contains opinions based on several various
possible findings of fact that may be made by the trial judge. Expert
evidence based on only the “best case scenario” set of facts from the
perspective of the party entering it in evidence may be of little use to the
judge.
4.
Whether or not an expert has stated the numerical total of economic loss or
damages in written or oral evidence, the trial judge may, upon giving
judgment, direct the expert to calculate the economic loss or damage, on the
basis of the facts as found by the trial judge. Where this occurs all parties
have the right to be heard as to the accuracy of the calculation before the
final judgment is entered.
5.
The requirements of this Practice Note do not limit the ability of of an expert
witness to otherwise address, explain or support his or her opinion. Lawyers
must ensure that all issues upon which expert opinion will be tendered at
trial are addressed in his or her expert report whether or not they are
included in the following example.
6.
Any party served with such an expert report may apply to the Court at least
60 days prior to the commencement of the trial to review the working file
upon which the expert report is based, including any spreadsheets or other
analytical documentation prepared by the expert for the purpose of arriving
at his/her expert opinion; leave may be granted subject to any conditions that
judge considers appropriate, including any required to protect client
privilege.
7.
An expert who provides written or oral opinion evidence in reply to an
expert report governed by this Practice Note, shall specifically identify the
information in the expert report with which he or she disagrees and the
reasons for the disagreement.
An Example: **
An economist’s report relating to the present day value of future income loss
in a personal injury case should contain the following type of statement:
“In my opinion the following matters must be addressed to arrive at a
conclusion as to the present value of future income loss in this case:
32
September, 2012
Alberta Rules of Court
Volume 2
Court of Queen’s Bench
Civil Practice Notes
Mandatory Factors
Assumption of Fact & Reason for
Selecting Assumption
1. Age at which Plaintiff would have
retired had she not been injured
62 years, based on Statistics Canada
statistical information that workers in
the Plaintiff’s occupation retire at an
average age of 62 years
2. Mortality rate to be applied had
Plaintiff not been injured
.02% per annum, based on Canada
LifeInsurance Tables
3. Plaintiff’s future annual income had
she not been injured
$11,000 which was her average total
annual income for each of the three
years prior to the accident, based on
her produced income tax returns for
those years
4. Likelihood Plaintiff would have
been completely and permanently
disabled pre-retirement by other causes
had this injury not occurred
.05% in any year, based on Statistics
Canada statistical information for
workers in the Plaintiff’s occupation
5. Likelihood Plaintiff would have
become unemployed in any event
10% in any year, based on Canada
Employment Insurance statistical
information for workers in the
Plaintiff’s occupation
6. Discount Rate
2.5% being the historical difference
between the rate of inflation and the
interest rates paid on conservative
investments
7. <other factors>
..”
**[Note: While this example relates to a personal injury loss it may be adapted,
as appropriate, to business evaluation and other types of economic loss.]
33
September, 2012
Alberta Rules of Court
Volume 2
Court of Queen’s Bench
Family Practice Notes
Court of Queen’s Bench of Alberta
Family Law Practice Note “1”
Parenting After Separation
Effective: July 20, 2015
1.
This Practice Note applies to proceedings under thse Divorce Act and the
Family Law Act where the parties live in Alberta.
2.
Every Plaintiff in an action for divorce and every Applicant in an application
for relief under the Family Law Act where child support, custody, access,
parenting or contact is an issue must attend either: (1) the Parenting After
Separation seminar (“Seminar”) or (2) complete the online Parenting After
Separation seminar (“Online Seminar”) within three months of filing the
Statement of Claim or application. A certificate of attendance of the Seminar
or a certificate of completion of the Online Seminar must be filed with the
Clerk of the Court.
3.
No application for interim support for children, custody of, access to,
parenting of or contact with children under the age of 16 shall be brought
before the party bringing an application first attends the Seminar or
completes the Online Seminar. A certificate of attendance or a certificate of
completion must be presented to the Clerk of the Court prior to filing an
application.
However, in situations where there is an application being brought:
a.
for interim custody or parenting incidental to an ex parte restraining
order where there is domestic violence,
b.
where kidnapping or abduction of a child is alleged, or
c.
where a unilateral change in de facto custody of a child has taken place,
the Applicant may bring an application without first attending the Seminar
or completing the Online Seminar. In such cases, the Applicant is required
to either:
(1) register in the Seminar and provide the proposed date of
attendance to the Clerk of the Court and attend the Seminar within
two weeks of filing the application, or;
(2) register in and commence the Online Seminar within two weeks of
filing the application and provide the proposed date of completion
to the Clerk of the Court.
1
July, 2015
Alberta Rules of Court
Volume 2
Court of Queen’s Bench
Family Practice Notes
4.
The Plaintiff or Applicant must serve upon the Defendant or Respondent to
any action or application a “Notice of Mandatory Seminar” in the prescribed
form at the same time as the Statement of Claim or originating document is
served.
5.
The Defendant or Respondent to any such action must attend the Seminar or
complete the Online Seminar within three months of being served with the
Statement of Claim or originating document and file a certificate of
attendance or a certificate of completion with the Clerk of the Court.
6.
Before an action can be set down for trial, proof of attendance or proof of
completion by the party setting the action down for trial must have been
filed.
7.
Both parties seeking a desk divorce must file proof of attendance at the
Seminar or proof of completion of the Online Seminar. For clarity, this
provision also applies where the parties proceed by joint application for
divorce.
8.
Any party who does not attend the Seminar or does not complete the Online
Seminar and has not been exempted may be subject to having his or her
pleadings struck or may be refused the right to make submissions on an
application or at trial.
9.
There is no requirement to take the Seminar or the Online Seminar where the
children are all 16 years of age or over or where the children are ordinarily
resident outside of Canada.
10. There may be other extraordinary cases where an exemption from attending
the Seminar or completing the Online Seminar will be granted and these
cases will be dealt with on an individual basis upon application to the court.
The application to be used is attached to this Practice Note.
COURT FILE NUMBER

Court of Queen’s Bench
JUDICIAL CENTRE (Queen’s Bench)
APPLICANT(S)
RESPONDENT(S)
2
July, 2015
Alberta Rules of Court
Volume 2
DOCUMENT
Court of Queen’s Bench
Family Practice Notes
Parenting After Separation Seminar
Application for Exemption
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
PARTY FILING THIS DOCUMENT
Date of Application:
Name of person seeking exemption:
Name of counsel:
Name of other party:
Name of counsel:
Date registered for Seminar____________Proposed attendance date;__________
or
Date registered for Online Seminar: ________ Proposed completion date:_____
Reason for asking for exemption:
 Exemption not granted
 Exept from taking the Seminar or Online Seminar
 Exempt from taking the Seminar or Online Seminar before bringing Notice of
Motion or application but must take the Seminar or complete the Online Seminar
within one month of today’s date. [In order to obtain a one month exemption the
party must already be registered for the Seminar or Online Seminar on the dates
indcated on this request.]
Justice of the Court of Queen’s Bench
Date
3
February, 2017
Alberta Rules of Court
Volume 2
Court of Queen’s Bench
Family Practice Notes
Court of Queen’s Bench of Alberta
Family Law Practice Note “2”
Family Law Chambers
Effective: January 20, 2017
Contents
A.
GENERAL .................................................................................2
B.
SCHEDULING AN APPLICATION ........................................2
Estimate how long the hearing will take ........................................2
Restrictions on Morning Family Law Chambers ...........................3
C.
SCHEDULING CROSS APPLICATIONS ...............................3
D.
THE MATERIALS ....................................................................4
Morning Family Law Chambers – Applications that
will take 20 minutes or less ...........................................................4
Application and Affidavit ..............................................................4
Special Chambers - Applications that will take more
than 20 minutes..............................................................................5
Application and Affidavit ..............................................................5
Confirming Letters ........................................................................5
E.
FILING DEADLINES FOR SPECIAL CHAMBERS ..............6
General rules..................................................................................6
Application and Affidavits ............................................................7
Confirming Letters ........................................................................7
F.
OBTAINING LEAVE ...............................................................7
G.
ADJOURNING APPLICATIONS ............................................8
H.
FILING ORDERS ......................................................................8
I.
FAILURE TO COMPLY WITH THIS PRACTICE NOTE ......8
4
February, 2017
Alberta Rules of Court
Volume 2
Court of Queen’s Bench
Family Practice Notes
APPENDIX A: Appropriate filing venues for Morning Family
Law Chambers and Family Law Special Chambers
applications in each judicial centre .....................................................9
APPENDIX B: Filing Deadlines for Special Chambers ...................11
APPENDIX C: Leading Family Law Cases .....................................12
A. GENERAL
1.
This Practice Note applies to anyone applying for a Court order, before
or after trial, in proceedings mentioned in rule 12.2 of the Alberta Rules
of Court, including proceedings under the Divorce Act, RSC 1985, c 3
(2nd Supp), the Matrimonial Property Act, RSA 2000, c M-8, or the
Family Law Act, SA 2003, c F-4.5. Applications that may be heard in
Queen’s Bench Family Law Chambers include, but are not limited to,
applications for such orders as:
a.
parenting and contact orders, custody and access orders, and
guardianship orders;
b.
child support and spousal support orders;
c.
restraining orders and protection orders under the Protection
Against Family Violence Act, RSA 2000, c P-27; and,
d.
Matrimonial Property Act orders.
2.
All parents seeking orders concerning children must take the Parenting
After Separation Course: See Family Law Practice Note 1.
3.
Self-represented litigants (SRLs) in Edmonton applying for an order
dealing with parenting, guardianship or contact with children must have
secured an appointment with a Family Justice Service counsellor before
they apply under the Family Law Act.
4.
SRLs in Calgary applying for an order dealing with parenting,
guardianship or contact with children must consult with an intake
counsellor about options and referrals as set out in Family Law Practice
Note 9 before they apply under the Family Law Act.
B. SCHEDULING AN APPLICATION
Estimate how long the hearing will take
5.
To determine the appropriate Court venue, the Applicant must estimate
the time required to hear the application, taking into account the time it
will take for the Applicant and the Respondent to state their argument,
and for the Court to ask questions, deliberate, and, in some
5
February, 2017
Alberta Rules of Court
Volume 2
Court of Queen’s Bench
Family Practice Notes
circumstances, provide a decision. If it is unclear how long the
application will take, err on the side of caution and estimate more time.
6.
The Applicant must specify a date for Morning Family Law
Chambers on the application form if the application is estimated to take
20 minutes or less.
7.
The Applicant must obtain a date for Special Chambers if the
application is estimated to take more than 20 minutes.
8.
The application must be filed with the appropriate court office in each
judicial district for Morning Family Law Chambers or Special
Chambers, as set out in Appendix A.
Restrictions on Morning Family Law Chambers
9.
Applications for a change of custody or substantial changes to a
parenting arrangement will not be heard in Morning Family Law
Chambers; rather, these applications must go to Special Chambers.
C. SCHEDULING CROSS APPLICATIONS
10. A cross application is an application by the Respondent for a different
order, rather than simply arguing that the Applicant’s order should not
be granted.
11. If:
a.
the cross application is directly related to the original application;
and
b.
the original application was estimated to be one hour or less; and
c.
the cross application is expected to extend the time required for
argument beyond one hour, the Court may decide:
i.
to set a new date for both the application and the cross
application;
ii.
to hear the application and cross application; or
iii. to hear only the application and require the cross applicant to
secure a new date for the cross application.
12. If:
a.
the cross application raises an issue unrelated to the original
application; and
b.
the original application was estimated to be one hour or less; and
6
February, 2017
Alberta Rules of Court
Volume 2
c.
Court of Queen’s Bench
Family Practice Notes
the cross application will extend the time required for argument
beyond one hour, the cross applicant must secure a new date for the
cross application, and the cross application will not be heard at the
same time as the application.
13. If it is unclear whether the cross application raises an unrelated issue,
either party can apply, or the clerk can direct the parties to apply, in
Morning Family Law Chambers for a direction from the Court as to
whether the cross-application can be heard at the same time as the
application.
D. THE MATERIALS
Morning Family Law Chambers – Applications that will take 20
minutes or less
Application and Affidavit
14. The Applicant must file a family application form [Form FL-18 for
applications under the Divorce Act and FL-10 for applications under the
Family Law Act] and a supporting affidavit.
15. Once a date is selected and the documents are filed, the application must
be served on the Respondent in accordance with the Rules of Court.
16. The Respondent may file a form FL-11 or an affidavit for responses
under the Family Law Act and the Divorce Act.
17. Except with leave of the Court, or unless there has been a relevant
change in circumstances between the time the Affidavit and Application
were filed and the date of the hearing each party may file only one
affidavit. If filing a Supplementary Affidavit, either with leave or
because of a change in circumstances, the Supplementary Affidavit
must deal only with the matter permitted by leave or with the relevant
changes in circumstances and must conform to the requirements of
paragraph 18-21.
18. Except with leave of the Court, all affidavits (excluding exhibits) must
be no more than five pages, with one-inch margins. The font size must
be at least 12 point, Times New Roman (or equivalent). Handwritten
affidavits are acceptable, but they must be legible and are subject to the
same page limits.
19. The exhibits appended to the affidavit must be relevant, material, and
not repetitive of materials already on the Court file. Except with leave of
the Court, exhibits must total no more than 40 pages, and those pages
must be consecutively numbered. Exhibits must be separated from the
others by tabs and must be preceded by a table of contents identifying
7
February, 2017
Alberta Rules of Court
Volume 2
Court of Queen’s Bench
Family Practice Notes
each exhibit and its tab number. The relevant passages of exhibits must
be highlighted.
20. The Court may award costs against a party who includes as exhibits
non-relevant and extraneous documents. Exhibits such as diaries and
social media extracts, text messages, and e-mails must be relevant.
21. Except with leave of the Court, electronic exhibits (CDs, DVDs, flash
drives, etc.) must not be included in an affidavit.
Special Chambers - Applications that will take more than 20
minutes
Application and Affidavit
22. The Applicant must file a family application form [Form FL-18 for
applications under the Divorce Act and FL-10 for applications under the
Family Law Act] and a supporting affidavit.
23. The Respondent must file a form FL-11 for responses under the Family
Law Act and may file a form FL-11 for responses under the Divorce Act.
The Respondent also may file a cross application [Form FL-10 under
the Family Law Act and Form FL-18 under the Divorce Act].
24. The Respondent must file an affidavit in response to the application and
an affidavit in support of the cross application, if any.
25. Except with leave of the Court, the parties may file only one affidavit
each in relation to the application and one affidavit each in relation to
the cross application. Affidavits in support of and in response to a cross
application must relate only to the cross application.
26. The provisions of paragraphs 17 through 22 apply to Special Chambers
hearings, with the exception that all affidavits (excluding exhibits) must
be no more than eight pages.
Confirming Letters
27. The Applicant and Respondent must file and serve upon each other
written argument in the form of a Confirming Letter addressed to the
attention of the scheduler or Court Coordinator with whom the hearing
was booked (see Appendix A). The Confirming Letter is a short
statement explaining what each party seeks and the basis for the request.
28. The parties’ Confirming letter must be no longer than five pages, unless
there is a cross-application. If there is a cross-application, each
Confirming Letter must be no longer than 10 pages: five pages in
support and in response to the application, and five pages in support and
in response to the cross-application.
8
February, 2017
Alberta Rules of Court
Volume 2
Court of Queen’s Bench
Family Practice Notes
29. All Confirming Letters must be in 12 point font, Times New Roman (or
equivalent), with one-inch margins.
30. The Confirming Letter must:
a.
identify the parties and their counsel, if any, with a clear statement
indicating which counsel is acting for which party;
b.
identify the order(s) sought;
c.
identify the issues raised in the application and cross application, if
any;
d.
identify the relevant facts, as verified by the affidavits filed in
relation to the application and cross application, if any;
e.
explain the party’s position on the issues; and,
f.
cite any relevant cases.
31. The following may be appended to the Confirming Letter and will not
count in the page limit:
a.
copies of the current affidavit and relevant portions of previously
filed affidavits, with the relevant portions highlighted;
b.
copies of relevant previous Orders, with the relevant portions
highlighted;
c.
copies of up to date relevant financial information;
d.
copies of any relevant portions of transcripts;
e.
copies of the relevant cases (other than the leading cases set out in
Appendix C), or depending on their length the relevant excerpts
only, with the relevant portions highlighted;
f.
any information sheets designated by the Court from time to time;
and
g.
an estimate of the time required for argument on both sides.
Please note that in some judicial centres, the Chambers Justice will not receive
the entire file before the hearing, therefore the appended documents should
provide the necessary information and evidence for the application.
E. FILING DEADLINES FOR SPECIAL CHAMBERS
General rules
9
February, 2017
Alberta Rules of Court
Volume 2
Court of Queen’s Bench
Family Practice Notes
32. To file after the deadlines set out below, a party must seek leave by
applying to the assigned Justice (if one has been assigned) or the
supervising Justice for a fiat permitting late filing (a fiat is an order
granting permission to file a document that does not comply with the
rules). The party must obtain the consent of the opposing party to bring
an application for late filing or provide notice of the application for late
filing. The Court may permit or refuse late filing and may award costs,
if sought.
33. If a party does not meet the filing deadlines, the Court Coordinator,
Chambers Clerk, or equivalent, will strike the application or cross
application.
34. If any of these deadlines fall on a holiday, the deadline is the working
day immediately before the holiday.
35. Appendix B sets out the filing deadlines in table format.
Application and Affidavits
36. The Applicant’s application and supporting affidavit must be filed and
served upon the Respondent by 4:00 p.m. on the 6th Friday before the
hearing.
37. The Respondent’s response and cross application, if any, and supporting
affidavit(s) must be filed and served upon the Applicant by 4:00 p.m. on
the 4th Friday before the hearing.
38. The Applicant’s reply affidavit in relation to the cross application, if
any, must be filed and served upon the Respondent by 4:00 p.m. on the
2nd Friday before the hearing.
Confirming Letters
39. The Applicant’s and Respondent’s Confirming Letters are due by 4:00
p.m. on the Wednesday of the week before the hearing. Judicial centres
outside Edmonton and Calgary may direct that Confirming Letters be
filed earlier.
F. OBTAINING LEAVE
40. A party seeking leave of the Court to file
a.
affidavits or exhibits exceeding the page limits,
b.
additional affidavits, or
c.
electronic exhibits,
10
February, 2017
Alberta Rules of Court
Volume 2
Court of Queen’s Bench
Family Practice Notes
must bring an application for a fiat in Morning Family Law Chambers
or before the duty justice, with notice to the other party.
41. A party may not present oral evidence in Morning Family Law
Chambers.
42. A party seeking leave of the Court to present oral evidence in Special
Chambers must seek leave of the justice assigned to the hearing. If a
justice has not been assigned, the party must seek leave of a justice in
Morning Family Chambers. In both cases, compliance with Notice to
the Profession 2014-2 is required.
43. When applying for leave of the court in any of the above circumstances,
the party must obtain the consent of the opposing party to bring a leave
application or give notice so that the opposing party has an opportunity
to respond.
G. ADJOURNING APPLICATIONS
44. If the parties agree to adjourn before the filing deadline for the
Confirming Letter, the application may be adjourned by telephoning the
Court Coordinator, Chambers Clerk or equivalent to advise of the
adjournment.
45. If the opposing party does not consent to the adjournment, the party
seeking an adjournment must apply for an adjournment in Morning
Family Law Chambers as soon as possible, with notice to the opposing
party. Contested adjournment applications are subject to the same Rules
of Court as all other applications.
46. If either party or both parties seek an adjournment after the filing
deadline for the Confirming Letter, an application to adjourn must be
made to the Justice assigned to hear the application, or if no justice has
been assigned, to the presiding supervising Justice or the Morning
Family Law Chambers Justice.
H. FILING ORDERS
47. All orders filed with the Court should be on pale green paper (pale
enough that it can be photocopied) so that they are easy to find in Court
files.
I.
FAILURE TO COMPLY WITH THIS PRACTICE NOTE
48. If a party does not comply with this Practice Note,
a.
the Court Coordinator, Chambers Clerk, or equivalent may remove
the application from the schedule; or
11
February, 2017
Alberta Rules of Court
Volume 2
Court of Queen’s Bench
Family Practice Notes
b.
the presiding Justice may refuse to hear the application; or,
c.
the presiding Justice may award costs against the offending party.
APPENDIX A: Appropriate filing venues for Morning Family Law
Chambers and Family Law Special Chambers
applications in each judicial centre
All Judicial Centres other than the Judicial Centre of Edmonton:
If your application will take 20 minutes or less, you must file your
application and supporting affidavit, if any, with the Chambers Filing Clerk
in your judicial district.
If your application will take more than 20 minutes, you must find a date
that is agreeable to all parties and then schedule that date with the Special
Chambers Court Coordinator (Calgary), the Court Coordinator (Drumheller,
Ft. McMurray, Grande Prairie, Lethbridge, Red Deer and Wetaskiwin, or the
booking clerk/clerk’s office (Medicine Hat, Peace River and St. Paul).
If you are in Calgary and your application will be more than ½ day, you
must book with the Civil Court Coordinator. It would be wise to obtain
several mutually agreeable dates from the parties in case the date chosen
cannot be booked.
If you are booking Special Chambers in Fort McMurray, lawyers must
contact the Court Coordinator who will find a date agreeable to both parties.
If you are a Self Represented Litigant (SRL), you will appear first in
morning chambers where the presiding Justice may set the application for
Special Chambers.
In the Judicial Centre of Edmonton:
Applications less than <1 hour (20 minutes - 60 minutes) are to be scheduled
with the Family Law Centre booking line 780 638 3637
Applications between 1 hour - 1/2 day are to be scheduled with the Special
Chambers Court Coordinator 780 422-2313
Applications over >1/2 day are to be scheduled with the Civil Court
Coordinator 780 422-2311
All applications and supporting documentation are to be filed with the
Family Law Centre filing clerk.
12
February, 2017
Alberta Rules of Court
Volume 2
Court of Queen’s Bench
Family Practice Notes
The phone numbers for these clerks and contacts are listed below:
Location
Contact
Phone number
Calgary
Special Chambers Court
Coordinator
Civil Court Coordinator
(403) 297-7405
(403) 297-6528
Drumheller
Special Chambers Court
Coordinator
(403) 820-7317
Edmonton
Special Chambers Court
Coordinator
Family Law Centre Booking Line
Civil Court Coordinator
(780) 422-2313
(780) 638 3637
(780) 422-2311
Fort McMurray
Court Coordinator
(780) 743-7136
Grande Prairie
Court Coordinator
(780) 538-8921
Lethbridge
Court Coordinator
(403) 381-5455
Medicine Hat
Clerk’s Office
(403) 529-8710
Peace River
Booking clerk
(780) 624-6385
Red Deer
Court Coordinator
(403) 340-5360
St. Paul
Clerk’s Office
(780) 645-6387
Wetaskiwin
Court Coordinator
(780) 361-1258
APPENDIX B: Filing Deadlines for Special Chambers
Party
Document(s)
Deadline
Applicant
Application and affidavit
in support
4:00 p.m. on the 6th
Friday before the hearing
Respondent
Affidavit in response to
the application
Cross application, if any,
and affidavit in support
4:00 p.m. on the 4th
Friday before the hearing
Applicant
Reply affidavit to the
cross application, if any
4:00 p.m. on 2nd Friday
before the hearing
Applicant and
Respondent
Confirming Letters
4:00 p.m. on the
Wednesday of the week
before the hearing,
unless specified
otherwise by the court
coordinator of your
judicial district
13
February, 2017
Alberta Rules of Court
Volume 2
Court of Queen’s Bench
Family Practice Notes
APPENDIX C: Leading Family Law Cases
A.
Parenting & Access
1.
Gordon v Goertz, [1996] 2 SCR 27
2.
Young v Young, [1993] 4 SCR 3
3.
Van de Perre v Edwards, 2001 SCC 60
A.1
Mobility
RJF v CMF, 2014 ABCA 165
B.
Emergency Protection Orders
4.
LL v DG, 2009 ABCA 387 (EPO hearing)
C.
Child Support
5.
Francis v Baker, [1999] 3 SCR 250
6.
Chartier v Chartier, [1999] 1 SCR 242
7.
Contino v Leonelli-Contino, 2005 SCC 63
8.
DBS v SRG; LJW v TAR; Henry v Henry; Hiemstra v Hiemstra,
2006 SCC 37
9.
Haisman v Haisman (1994), 157 AR 47 (CA)
10.
Hunt v Smolis-Hunt, 2001 ABCA 229
11.
Middleton v MacPherson (1997), 204 AR 37 (QB)
D.
Spousal Support
13.
Moge v Moge, [1992] 3 SCR 813
14.
Bracklow v Bracklow, [1999] 1 SCR 420
15.
Leskun v Leskun, 2006 SCC 25
16.
Boston v Boston, 2001 SCC 43
17.
Hickey v Hickey, [1999] 2 SCR 518
18.
Miglin v Miglin, 2003 SCC 24
19.
Rick v Brandsema, 2009 SCC 10
20.
Willick v Willick, [1994] 3 SCR 670
E.
Matrimonial Property
21.
Peter v Beblow, [1993] 1 SCR 980
14
February, 2017
Alberta Rules of Court
Volume 2
Court of Queen’s Bench
Family Practice Notes
22.
Pettkus v Becker, [1980] 2 SCR 834
23.
Hartshorne v Hartshorne, 2004 SCC 22
24.
Klinck v Klinck, 2008 ABQB 526
25.
Hodgson v Hodgson, 2005 ABCA 13
26.
Harrower v Harrower (1989), 97 AR 141 (CA)
27.
Mazurenko v Mazurenko (1981), 30 AR 34 (CA)
F.
Child Protection
27.
B(R) v Children’s Aid Society of Metropolitan Toronto,
[1995] 1 SCR 315
28.
Winnipeg Child and Family Services v KLW, 2000 SCC 48
29.
New Brunswick (Minister of Health and Community Services) v G(J),
[1999] 3 SCR 46
30.
K(SD) v Alberta (Director of Child Welfare), 2002 ABQB 61
31.
TS v Alberta (Director of Child Welfare), 2002 ABCA 46
32.
KVW v Alberta (Director of Child Welfare), 2006 ABCA 404
G.
Unjust Enrichment
33.
Kerr v Baranow, 2011 SCC 10
34.
Rubin v Gendemann, 2012 ABCA 38
Court of Queen’s Bench of Alberta
Family Law Practice Note “3”
Family Law Conferences
(For matters under Part 12 of the Alberta Rules of Court)
Effective: March 1, 2011
Pursuant to Rule 4.11, a Court-directed family law conference is available to
assist the parties in moving a matter towards trial. This Practice Note applies if
such a conference is requested by the parties or directed by the Court in
anticipation of trial.
A. The objectives of a family law conference are as follows:
I.
Settlement Component
1.
To define the specific matters in issue between the parties.
15
February, 2017
Alberta Rules of Court
Volume 2
Court of Queen’s Bench
Family Practice Notes
2.
To establish the position of each party relating to the matters in issue.
3.
To define the position of each party relating to settlement of the matters
in issue.
4.
To encourage and promote settlement of the matters in issue. The
parties are encouraged to set out their settlement proposal in short,
written form. This proposal may be provided to the Conference Justice
together with the Family Law Summary set out at the end of this
Practice Note.
5.
To determine what facts and issues can be agreed upon for:
(a) the purpose of settlement; and
(b) trial, if settlement is not possible.
II. Case Management Component
6.
To specify the incomes, expenses, assets, liabilities, exemptions and
financial circumstances of the parties in a form which may be provided
to the Trial Judge at the start of the trial.
7.
To establish what exhibits will be tendered at trial and whether
agreement on the admission of facts or exhibits can be reached.
8.
To establish the number, names and types of witnesses reasonably
expected to be called at trial, the substance of their testimony and the
approximate duration of their testimony at trial.
9.
To estimate the amount of time required for trial.
10. For matters not yet ready for trial, to determine the steps to be
completed before the filing of a Certificate of Readiness, to formulate a
plan for the completion of those steps and to determine if a further
pretrial conference is required.
B. The following procedural and practice directives apply to family law
conferences:
1.
Summary forms must be exchanged by counsel at least seven days before the
date of the conference and submitted directly to the Conference Justice four
days prior to the conference. Failure to provide the forms in a timely fashion
may result in an award of costs against counsel personally.
2.
If counsel wishes to have the client attend at conference, counsel shall
so advise the other counsel and the Court and make the arrangements
for a courtroom. Conferences with clients present will not be held in
private chambers.
16
February, 2017
Alberta Rules of Court
Volume 2
Court of Queen’s Bench
Family Practice Notes
3.
Counsel for the parties, by agreement and with the consent of the
Justice, may arrange for a specific Justice to hear conferences at which
the clients will be present. These conferences should be arranged by one
of the counsel, after consultation with the other, telephoning the
Justice's secretary to make suitable arrangements.
4.
The Justice who hears the conference shall not be the Trial Judge unless
counsel and both parties agree in writing.
5.
The Conference Justice will provide a report concerning case
management directions to the Trial Coordinator, the Trial Judge, and the
parties, through counsel where retained, in advance of trial, but this
document will contain no reference to any settlement issues or
discussions.
6.
At the request of counsel for any party, the Conference Justice may
make an Order directing steps or procedures to be taken prior to trial
and at trial including, but not limited to:
(a) agreements made concerning exhibits;
(b) filing of up dated statements of property, income and financial
circumstances of the parties;
(c) a list of the witnesses to be called at trial by each party with a brief
description of the expected testimony of each witness;
(d) agreements made related to admitted facts and issues;
(e) exchange of expert reports and the updating of any expert opinions;
(f) disclosure of documents; and
(g) whether a further conference should be held prior to trial.
C. Family Law Summary
COURT FILE NUMBER
COURT OF QUEEN'S BENCH OF ALBERTA
JUDICIAL CENTRE
PLAINTIFF(S)
DEFENDANT(S)
FAMILY LAW SUMMARY
CONFERENCE
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
PARTY FILING THIS DOCUMENT
17
February, 2016
Alberta Rules of Court
Volume 2
Court of Queen’s Bench
Family Practice Notes
Information re Plaintiff
:
Information re Defendant
Name of party and status:
Responsible lawyer:
Law firm:
Address of party or law firm:
Address for service:
Phone number of lawyer:
File number of lawyer:
Electronic address of lawyer:
Submitted by:
Counsel for:
Proceedings are under:
 Divorce Act
 Martimonial Property Act
 Family Law Act
Parties
Plaintiff/Applicant
Defendant/Respondent
Name of party and status:
Responsible lawyer:
Law firm:
Address of party or law firm:
Address for service:
Phone number of lawyer:
File number of lawyer:
Electronic address of lawyer:
Birth Date:
Date of Cohabitation:
Date of Marriage:
Date of Separation:
Income:
Children: (names and birth dates)
1.
2
3.
4
18
February, 2016
Alberta Rules of Court
Volume 2
Court of Queen’s Bench
Family Practice Notes
Issues to be determined at trial: (Check those matters in issue)
 Custody (Divorce Act)
 Access (Divorce Act)
 Parenting Issues (Family Law Act
Specify:
 Time with child (Family Law Act)
(a) Guardian
(b) Non-guardian
 Child Support:
(a) Income
(b) Entitlement
(c) Quantum
(d) Hardship
 Spousal/Partner Support
(a) Income
(b) Entitlement
(c) Quantum
(d) Duration
 Matrimonial Property
(a) Value
(b) Liabilities
(c) Exemptions
(d) Dissipation
(e) Method of Distribution
 Other
Specify:
1.
Trial
(a) Anticipated time required for evidence and argument:
Plaintiff/Applicant: _______ days
Defendant/Respondent: _______ days
(b) Are security problems anticipated? Yes / No
(c) List trial judges with potential conflicts:
(d) Are pleadings / required documents finalized? Yes / No
(e) List any obstacles to trial readiness (e.g. outstanding motions,
incomplete production, need for further examination, incomplete
undertakings, expert opinions, etc.)
(f) List the party's witnesses:
19
February, 2016
Alberta Rules of Court
Volume 2
2.
Court of Queen’s Bench
Family Practice Notes
Admissions:
(a) Will there be an agreed statement of facts? Yes / No
(b) Do the parties agree on the admissibility of any exhibits? Yes / No
3.
Alternative methods to resolve dispute:
What efforts have been made to settle this matter prior to the conference?
4.
Expert Reports:
(a) Are there any expert reports, either obtained or to be obtained? Yes / No
(b) Will the expert(s) be up-dating his or her opinion before trial? Yes / No
(c) Will the qualifications of the expert(s) be admitted? Yes / No
(d) Application to cross-examine the expert before trial? Yes / No
(e) Can the reports be admitted without calling the experts? Yes / No
(f) Which ones? (Please list)
(g) Can the reports go to the trial judge before the trial? Yes / No
(h) In the case of an expert assessment touching on child related matters
where both parties have agreed on the assessor, will the assessor be
examined in chief or cross examined by both parties or will the
assessment be entered by agreement?
5.
Positions:
(a) Set out the current arrangements for custody/access, parenting issues
(including time with the child), or contact, the party's position on the
disputed parenting issues, and the expert's opinion on those disputed
issues:
(b) Set out the current arrangement for child support, and the party's
position on the disputed child support issues such as guideline incomes,
section seven expenses, undue hardship:
(c) Set out the current arrangement for spousal / partner support, and the
party's position on the disputed spousal/partner support issues such as
entitlement, quantum and duration:
(d) Attach the party’s statement of assets, liabilities and exemptions
(including nature of and method of proof of exemptions and value and
tracing issues) and the party's position on the disputed issues.
20
February, 2016
Alberta Rules of Court
Volume 2
Court of Queen’s Bench
Family Practice Notes
Court of Queen’s Bench of Alberta
Family Law Practice Note “4”
Dispute Resolution Officer Project (Calgary)
Child Support Resolution Project (Edmonton)
Effective: December 1, 2014
This Practice Note applies only to the Judicial Centres of Edmonton and Calgary.
In Calgary, this Practice Note shall apply to any application for interim or
variation of child support. In Edmonton, this Practice Note shall apply to such
applications only if the applicant is self-represented.
This Practice Note does not apply to matters under the Child, Youth and Family
Enhancement Act, RSA. 2000, c. C-12, nor does it apply to Provisional Orders
made under the Divorce Act, RSC 1985, c. 3
A. For all actions set in the Judicial Centre of Calgary, the Dispute Resolution
Officer (“DRO”) Project shall operate as follows:
1.
Applications under the Family Law Act made by parties without
counsel shall follow the process set out in Practice Note 9, and the steps
set out in this Practice Note shall only apply once the application is set
for a DRO session.
2.
Any application for interim or variation of child support shall be first
returnable before a volunteer DRO who shall assist the Court in a
number of ways, from facilitating a resolution to providing directions
for the completion of disclosure.
3.
All child support applications (whether interim or variation) shall
initially be scheduled by the Clerk of the Court to be spoken to at a
DRO Session. The Clerk shall stamp on any application relating to
child support a notation that any portion of the application relating to
child support shall be spoken to at a DRO Session and shall indicate a
date for that Session. A party may pre-book a DRO Session by
telephone prior to filing an application.
4.
Except in cases of emergency (in which case an exemption may be
obtained by Fiat) no application for child support shall be heard in
Chambers unless a DRO has noted on the court file that a DRO Session
has been completed.
21
February, 2016
Alberta Rules of Court
Volume 2
Court of Queen’s Bench
Family Practice Notes
5.
The parties and (if represented) their lawyers shall attend at the DRO
Session. The DRO shall attempt to negotiate settlement and may give
directions regarding further disclosure to be provided by either party.
6.
At the conclusion of the DRO Session, the DRO shall make a notation
to be placed on the court file setting out the results of the DRO session.
The DRO may assist in drafting the Consent Order, which the Parties
shall sign and then attend in Court to present to a judge for signature.
The Order might include the following:
a. Matter settled on the following basis (details to be set out) or as
per attached Consent Court Order.
b. Further DRO Session scheduled by consent (set out return date).
c. No settlement reached; matter to be spoken to in Chambers (set
out return date).
d. Matter to be spoken to in Chambers, and listed documentation to
be provided (set out return date, disclosure to be provided and by
whom).
Calgary Contact Information:
Dispute Resolution Officer Project
Suite 706, 601- 5 Street S.W.
Calgary, AB T2P 5P7
Telephone 403-297-3875
B. For all actions set in the Judicial Centre of Edmonton, the Child Support
Resolution (“CSR”) Project shall operate as follows:
7.
Except in the case of emergency (in which case an exemption may be
obtained by fiat) no application for child support shall be heard in
Chambers unless a CSR Project Officer has noted on the court file that
a CSR Meeting has been completed.
8.
CSR Project Officers are located in the Family Law Information Centre
on the main floor of the Edmonton Court House.
9.
All self-represented parties who wish to bring any application for
interim or variation of child support must, before filing such an
application, schedule and attend an appointment for a CSR Meeting.
The Clerk of the Court shall issue a Notice to Attend Child Support
Resolution Meeting which will indicate a date for the CSR meeting.
The applicant must serve this Notice and all of his or her financial
information (details of gross and net salary, details of any other income,
22
February, 2016
Alberta Rules of Court
Volume 2
Court of Queen’s Bench
Family Practice Notes
copy of last three years income tax information, and details of the
change in circumstance) on the other party or parties.
10. The parties shall attend the CSR Meeting and shall bring all of their
financial information to the Meeting. If the respondent is represented by
counsel, that party’s lawyer may also attend. If one or both of the
parties resides outside of the City of Edmonton, the CSR Meeting may
take place by telephone conference. The CSR Officer shall attempt to
negotiate settlement and may give directions regarding further financial
disclosure to be provided by either party.
11. The CSR Officer may assist in drafting a Consent Order, which the
parties may sign. The Consent Order will then be sent to a judge for
signature.
12. At the conclusion of the CSR Meeting, the CSR Officer shall make a
notation to be placed on the court file, setting out the results of the CSR
Meeting. Such notation might include the following:
a. Matter settled on the following basis (details to be set out) or as
per attached Consent Order.
b. Further CSR Meeting scheduled by consent (set out return date).
c. No settlement reached; matter to be spoken to in Chambers (set
out return date).
d. Matter to be spoken to in Chambers. Listed documentation to be
provided (return date to be set out, details of disclosure to be
provided and who is to provide it).
Edmonton Contact Information:
Child Support Resolution Project
Family Law Information Centre
Main Floor, Law Courts Building
1A Sir Winston Churchill Square
Edmonton, Alberta T5J 0R2
Telephone: 780-427-1907
23
February, 2016
Alberta Rules of Court
Volume 2
Court of Queen’s Bench
Family Practice Notes
Court of Queen’s Bench of Alberta
Family Law Practice Note “5”
Allegations of Sexual Abuse
Effective: March 1, 2011
1.
This Practice Note applies to family law actions where one parent makes an
allegation of child sexual abuse against the other parent, or someone in his or
her household, and is intending to raise the allegation in court proceedings
for custody, access, parenting or contact.
2.
In these circumstances, counsel for the party making the allegation or if
none, the party, shall forthwith provide a completed Notification in Form 1
to the designated office of Children’s Services in the appropriate region, and
the Clerk of the Court in the appropriate judicial centre. A judge hearing an
application for custody, access, parenting or contact may direct that a
Notification in Form 1 be completed by a party to the proceeding.
3.
Upon receipt of the Notification in Form 1, or upon receiving a complaint, a
special investigator designated by Children’s Services shall complete a Child
Protection Screening [Form 2]. The information provided to the special
investigator will be assessed in light of the provisions of the Child, Youth
And Family Enhancement Act to determine if there are grounds for
investigation. If it is determined that the matter does not warrant an
investigation, a copy of completed Form 2 shall be forwarded to the case
management judge assigned to the case.
4.
If the information obtained from the Child Protection Screening requires
further investigation, the special investigator shall commence that
investigation process forthwith and may, for that purpose, utilize the
assistance of the appropriate police authority as required. The special
investigator shall complete an investigation report and attach it to a
completed Form 3. A copy of Form 3 and the Investigation Report shall be
forwarded to the case management judge assigned to the case.
5.
The special investigator from Children’s Services and the police authority or
either of them shall be entitled to consult with other professionals if required
during the course of the investigation, who may prepare a Specialized
Referral Report. The special investigator will forward any reports to the case
management judge assigned to the case.
6.
All reports received from Children’s Services will be placed in a sealed
envelope on the court file. However, the parties or their respective counsel
shall be entitled to receive a copy unless in the case management judge’s
discretion it is not in the children’s best interests to do so or the report does
not pertain to the issue before the court.
24
February, 2016
Alberta Rules of Court
Volume 2
7.
8.
9.
Court of Queen’s Bench
Family Practice Notes
The action will be subject to case management and all applications shall be
brought before the assigned case management Justice.
In cases where there is an allegation of abuse the case management Justice
may order an early trial date.
This practice note only applies to the City of Edmonton and other areas
within Region 6 of Child and Family Services at this time.
25
February, 2016
Alberta Rules of Court
Volume 2
Court of Queen’s Bench
Family Practice Notes
26
February, 2016
Alberta Rules of Court
Volume 2
Court of Queen’s Bench
Family Practice Notes
27
February, 2016
Alberta Rules of Court
Volume 2
Court of Queen’s Bench
Family Practice Notes
28
February, 2016
Alberta Rules of Court
Volume 2
Court of Queen’s Bench
Family Practice Notes
29
February, 2016
Alberta Rules of Court
Volume 2
Court of Queen’s Bench
Family Practice Notes
Court of Queen’s Bench of Alberta
Family Law Practice Note “6”
International Child Abduction – Hague Convention
Effective: March 1, 2011
I.
Preamble
1.
The 1980 Hague Convention on the Civil Aspects of International Child
Abduction (the "Hague Convention") became law in Alberta on February 1,
1987, pursuant to the International Child Abduction Act, R.S.A. 2000, c. I 4.
2.
The objectives of the Hague Convention are:
(a) to secure the prompt return of children wrongfully removed to or
retained in any contracting state; and
(b) to ensure that rights of custody and of access under the law of one
contracting state are effectively respected in the other contracting states.
3.
The Hague Convention requires that any applications for the return of a child
must be handled using the most expeditious proceedings available.
4.
The Family Law Branch of Alberta Justice fulfills the responsibilities of the
Alberta Central Authority pursuant to the Hague Convention.
5.
A Canadian Network of Contact Judges (the "Network") was established to
deal with issues of inter jurisdictional parental child abduction and inter
jurisdictional cases of child custody. The Network reports to the Family
Law Subcommittee of the Canadian Judicial Council. The Network has
asked each court to set up a pool of specially trained judges to deal with inter
jurisdictional custody and parental child abduction cases, including
applications pursuant to the Hague Convention.
6.
To ensure that return applications under the Hague Convention are dealt
with expeditiously, the Court of Queen’s Bench in Alberta approved a
Procedural Protocol on May 28, 2008. The Procedural Protocol is the basis
of this Practice Note.
II. Procedural Protocol
7.
The Chief Justice of the Court of Queen's Bench will ask the Alberta Central
Authority to advise him, or his designate, as well as the Chief Judge of the
Provincial Court of Alberta, or her designate, when it receives an application
under the Hague Convention for the return of a child who has been
wrongfully removed to or retained in the Province of Alberta ("Notice of
30
February, 2016
Alberta Rules of Court
Volume 2
Court of Queen’s Bench
Family Practice Notes
Return Application"). Upon receiving this Notice from the Central
Authority, the Chief Justice or his designate will ensure that a copy of the
Notice of Return Application is filed with the Clerk's Office.
8.
Article 16 of the Hague Convention provides that where a court has notice of
a wrongful removal or retention of a child, the court shall not proceed on the
substantive issues regarding custody or access regardless of where the return
application is brought, i.e. regardless of whether the child is removed to or
retained in Alberta until the return application has been determined.
9.
The filing of a Notice of Return Application will be sufficient to open a
court file where no file exists. This would subsequently be followed in the
normal course by the filing of a return application.
10. The return application will be commenced in the court as an Application
under the existing file or, where there is no existing file, then under the file
opened by the Clerk. The Rules of Court with respect to notice, service,
evidence and procedure will apply, with regard to the Hague Convention's
requirements for ensuring expediency and priority.
11. Article 29 of the Hague Convention allows persons to bring return
applications to the court directly, rather than through the Central Authority.
The Central Authority is to be notified of direct return applications.
12. The Central Authority is to be notified of the commencement of any court
proceedings in Alberta respecting custody or private guardianship of, or
access to, a child who is the subject of a Notice of Return Application or of a
return application in another jurisdiction, until such time as the return
application is determined.
13. The responsibility for notifying the Central Authority regarding the
commencement of applications described in paragraphs 11 and 12 is with the
party bringing the application. The court must be satisfied that the Central
Authority has been notified of such an application before proceeding to
consider it on the merits.
14. This Practice Note is to be modified where appropriate and where necessary
to apply to proceedings to enforce child protection orders under The Child,
Youth and Family Enhancement Act, R.S.A. 2000, c. C 12.
31
February, 2016
Alberta Rules of Court
Volume 2
Court of Queen’s Bench
Family Practice Notes
Court of Queen’s Bench of Alberta
Family Law Practice Note 7
Interventions
Effective: October 1, 2012
TABLE OF CONTENTS
Table of Contents
I.
PURPOSE AND APPLICATION
II.
GENERAL PROVISIONS
III.
INTERVENTIONS
IV.
CONFIDENTIALITY
APPENDIX A – INTERVENTION ORDER
I. PURPOSE AND APPLICATION
1.
Interventions are appropriate in the context of family law case management
for a small minority of separated and divorcing families where decisions
concerning children are before the Court and where:
i. the families are experiencing a state of high conflict;
ii. the intervention of the Court is required; and
iii. the Court requires assistance from Parenting Experts.
2.
It is in the best interests of children who are members of conflicted families
that there be early, quick and effective intervention by the Courts and
Parenting Experts.
3.
Under this Practice Note a Parenting Expert will not provide an opinion or
recommendations as to the best interests of the children, including opinions
or recommendations regarding parenting time/responsibilities, custody,
access or relocation. For such an opinion, the Court may order a Parenting
Time/Parenting Responsibility Assessment under Practice Note 8. A
Parenting Expert can describe what is happening in the family and/or with
the children.
32
February, 2016
Alberta Rules of Court
Volume 2
Court of Queen’s Bench
Family Practice Notes
4.
At any time in the process of an Intervention, the Parenting Expert may by
letter make recommendations to the Court regarding a process or processes
that may be helpful to the family in addressing and/or resolving parenting
issues.
5.
The Parenting Expert is a friend of the Court and is appointed by the Court
to assist the Court and the parties to find a resolution to their conflicts, using
tools appropriate to the family and the particular issues before the Court.
6.
This Practice Note intended for use to assist the Court to identify challenges
specific to the high conflict family, and to facilitate resolution using
Parenting Experts.
7.
This Practice Note takes into account the limitations imposed on Parenting
Experts by the professional bodies that govern them, and has been prepared
in consultation with the College of Alberta Psychologists and the Alberta
College of Social Workers.
8.
This Practice Note expressly recognizes that Parenting Experts are not
permitted by their colleges to engage in both an intervention under Practice
Note 7 (Interventions) and a parenting assessment under Practice Note 8
(Parenting Time and Parenting Responsibilities Assessment1) with the same
person or family. To avoid a reasonable apprehension of bias, the Parenting
Expert may also not be permitted to engage in more than one intervention. In
some cases, one expert may be required for each of the parties and for the
children.
9.
This Practice Note does not apply to matters under the Child, Youth and
Family Enhancement Act, RSA 2000, c C-12.
II. GENERAL PROVISIONS
10. The Court may make an order appointing a Parenting Expert to conduct an
Intervention.
1
In the past, this was called Bi-lateral Custody Assessment. For information about
the Child Custody Assessment, Professional Guidelines for Psychologists, College
of Alberta Psychologists, please look on line
at http://www.cap.ab.ca/documents.aspx?DocTypeCode=ProG item 3.
33
February, 2016
Alberta Rules of Court
Volume 2
Court of Queen’s Bench
Family Practice Notes
11. The Intervention Order may include any terms that the Court finds
appropriate in the circumstances of the case including:
i. describe the nature of the issues in dispute;
ii. describe the type of Intervention; and
iii. set the time limits for the Intervention.
12. Failing agreement by the parties as to the Parenting Expert to be appointed
by the Court, the Court will select the Expert taking into consideration the
parties’ suggestions. The Expert may not be appointed unless the Expert
consents to act.
13. Prior to finalizing the Intervention Order, the Court shall direct the Parties to
consult the Parenting Expert about the description of the Intervention to be
included in the Order to ensure that it describes accurately what the
Parenting Expert can do and is consistent with the retainer agreement that
will be entered into between the parties and the Parenting Expert.
14. Where an order is made under this Practice Note, and the parties are not
under case management, the Court shall direct the parties to make an
application for case management or, alternatively, shall order that any letters
or reports from the Parenting Experts are to be sent by the Parenting Expert
to the judge making the Practice Note 7 Intervention Order, effectively
assuming case management of that family. If case management is ordered,
the judge making the Practice Note 7 Order, must manage the file until a
case management judge is appointed.
15. It is expected that the Parenting Expert will communicate with the Court by
letter.
16. Neither the parties nor the children may receive copies of the letter from the
Parenting Expert without an order of the Court. However, counsel or the
Parenting Expert may provide a copy of the Parenting Expert’s
recommendations, if there are any, to the parties without a further order of
the Court.
17. Given that the letters or reports from the Parenting Expert are intended for
use in case management, the letters or reports may, in the discretion of the
case management justice, be kept on the case management justice’s file or
the justice may seal the letters or reports on the court file.
34
February, 2016
Alberta Rules of Court
Volume 2
Court of Queen’s Bench
Family Practice Notes
18. If the matter goes to trial, a party may apply to the case management justice
for an order that the letters or reports may be introduced at trial and the
justice may, in his/her discretion, make such an order and may order that the
letters or reports be sealed.
19. Where the Parenting Expert communicates with the Court by letter, the
Parenting Expert shall copy the letter to counsel for the parties if they have
counsel, but in any event the Parenting Expert shall not send the letter
directly to the parties or the children. The parties are entitled to view the
letter with their counsel.
20. Where a party is self-represented, the party may make arrangements with the
Clerk of the Court to read the letter with the Clerk. The self-represented
party shall not receive or make a copy of the letter but may take notes on the
contents of the letter. The self-represented party must provide those notes to
the Clerk who will make a copy for the judge which copy shall be forwarded
to the case management judge for that judge’s file. The parties shall not
discuss the report with the children.
21. The letters or reports received from the Parenting Expert shall not be
included in any affidavit filed by the parties in the court. However, the Court
may rely on the letters or reports when making decisions in case
management.
22. The Parenting Expert may, by letter, seek directions from the Court at any
time during an Intervention. Such directions may include but are not limited
to directions from the Court in the following circumstances:
(a) where a party withdraws from an Intervention,
(b) where a party fails to cooperate with the Parenting Expert, or
(c) where fees for the Intervention are not paid as directed by the Court.
Once a letter is received, the Court may convene a hearing with the
Parenting Expert and the parties, or may attempt to resolve the issue by letter
to the parties and the Parenting Expert.
23. If, at any point, the Parenting Expert determines that continuing the
Intervention would not be useful, the Parenting Expert may terminate the
Intervention and report by letter to the Court and legal counsel:
i. that the Intervention has not been successful, describing factors
contributing to the success or lack of success;
ii. that referral to a more appropriate Intervention could be beneficial;
35
February, 2016
Alberta Rules of Court
Volume 2
Court of Queen’s Bench
Family Practice Notes
iii. that because there has been no resolution or significant allegations have
arisen, a Parenting Time and Parenting Responsibilities Assessment
(see Practice Note 8) is necessary, or
iv. anything else that the Parenting Expert thinks will be useful in
resolving the matter.
24. Where the Intervention results in a written resolution such as a parenting
plan defining how the proposed new family arrangements will meet the
children’s needs, the Parenting Expert shall forward the written resolution to
the Court and the Court may require the parties to include the resolution as
part of a court order.
25. Where the Intervention does not result in a written resolution, the Parenting
Expert shall communicate the substance of the Intervention to the Court in a
letter and the Court may use the letter as the basis for a court order
determining appropriate parenting arrangements or next steps.
26. Each Order for an Intervention must address funding, time lines for funding,
and each parent’s responsibility for that funding. Before ordering an
Intervention the Court must determine the ability of the parties to pay. If the
parties cannot pay and subsidies are not available, then a Practice Note 7
Intervention Order must not be made.
27. Each Order must address the intended use of a Parenting Expert report or
letter. In particular, the Order should address whether the report or letter may
be used only for interim applications, only for trials or for both.
28. The Court may include a provision in any order prohibiting further
applications by the parties with respect to parenting, custody or access until
the Intervention is completed, unless the safety or health of a child is at risk
or the Parenting Expert recommends an application.
29. To facilitate the Intervention, the Court may include a provision in the
Intervention Order limiting or suspending a no contact provision, an
emergency protection order, or a restraining order insofar as it is necessary
to facilitate the Intervention.
30. Where a parent refuses to provide his/her consent to the Parenting Expert for
an Intervention or consent to allow the Parenting Expert to speak to the
children alone or with the other parent, the Court may dispense with that
parent’s consent and order the Intervention to proceed without that parent’s
involvement.
36
February, 2016
Alberta Rules of Court
Volume 2
Court of Queen’s Bench
Family Practice Notes
31. Unless otherwise ordered, no complaint may be made to the professional
body governing the practice of the Parenting Expert until the Intervention is
complete.
32. The Court should consider ordering that the parties cannot make any
applications to the Court while an Intervention is ongoing.
33. Appendix A provides a draft form of order for Practice Note 7 Interventions.
This form of order is a guide and may be modified to suit the specific case.
III. INTERVENTIONS
34. The term intervention refers to a short or long-term involvement by
Parenting Expert on behalf of the court.
35. There are two primary types of Interventions conducted by a Parenting
Expert: an Evaluative Intervention which provides information to the court
to assist in decision-making, and a Therapeutic Intervention which attempts
to work towards resolution, manage conflict and make changes in the
existing family dynamic.
36. It should be noted that an individual Parenting Expert may not be permitted
by their professional colleges to conduct more than one type of intervention
with a given family to prevent the situation of role conflict.
37. It is for the Court, the parties and the Parenting Expert to determine what
type of intervention(s) are best for the particular family before the Court:
A. Evaluative Interventions: To provide information to the Court
Evaluative Interventions provide information to the Court to assist in
decision-making. They are not of sufficient scope to provide
recommendations regarding parenting time or parenting responsibilities,
custody or access. Such interventions include:
i. Triage: The Parenting Expert will evaluate the family and make
recommendations to the Court concerning the type of intervention(s)
that may best meet the needs of that family. The recommendations may
be to provide various forms of therapeutic support to the family, to
obtain additional information, to identify issues or needs that need to be
addressed in more detail or to obtain an assessment under Practice Note
8 to determine parenting time, parenting responsibilities, custody or
access.
37
February, 2016
Alberta Rules of Court
Volume 2
Court of Queen’s Bench
Family Practice Notes
ii. The Voice of the Child: Canvassing the specific needs or, where
appropriate, the wishes of the children. The Parenting Expert will
generally interview each parent and each child separately with a view
to identifying special needs or risk factors. Often the child is seen
twice, once after being in the care of each parent. In some cases, a
Voice of the Child intervention can be expanded to include examining
the children for emotional, behavioural, academic/intellectual or other
needs which would indicate that a child is in need of therapy or special
programming and supports. In some cases, a medical opinion may also
be sought.
iii. Parent Psychological Evaluation: An evaluation of one parent. Under
this procedure, a Parenting Expert cannot make recommendations to
the Court regarding parenting time and parenting responsibilities,
custody, access or relocation of the children; however, the Parenting
Expert can examine if there are risk factors present that suggest the
parent cannot adequately meet the needs of a child and what supports
would be required.
B. Therapeutic Interventions: To Make Changes in the Family Dynamic
In Therapeutic Interventions the Parenting Expert works with individual or
combinations of family members in an attempt to reduce conflict, facilitate
parenting agreements, revise existing parenting plans, address children's
needs or repair damaged parent-child relationships.
Therapeutic Interventions may generally take the form of individual
counselling, but may take the form of group counselling in some cases.
i. Educational Sessions: In addition to the Parenting After Separation
Course, the Court may order that family members attend education
courses or sessions, including the Parenting After Separation High
Conflict course and the Focus on Communication in Separation course,
to assist the parents to understand the needs of their children, the roles
of parents or other caregivers’ and negative impacts on children of
prolonged conflict.
ii. Mediation: A mediator is appointed to assist the parties in resolving
parenting issues, or the parties are directed to attend the Family Justice
Mediation program. This Intervention can only be ordered with the
consent of both parents. The goal is to settle disputes and/or build a
parenting plan. Where a resolution is reached or a parenting plan
developed, the Parenting Expert will report that to the court.
iii. Therapeutic Intervention with One Parent
For the purpose of changing the attitudes, beliefs and practices of an
individual parent who is seen to be creating difficulties for the children
through their actions or who is impeding the ability to reach resolution
on parenting issues. In other cases, each parent is seen to need
38
February, 2016
Alberta Rules of Court
Volume 2
Court of Queen’s Bench
Family Practice Notes
individual counseling to address their own issues which are impeding
cooperation and progress.
iv. Therapeutic Intervention with Both Parents
Therapeutic Interventions with both parents have the Parenting Expert
attempting to resolve conflict, address parenting issues or disputes or
build a parenting plan with the parents. The key difference between this
form of intervention and mediation is that there is active teaching,
modeling and guidance provided to the parents and that the emotional
relationship between the parents can be addressed as much as the
practical parenting issues. Therapeutic Interventions also serve to assist
family members in the adjustment to changed circumstances and the
restructuring of family roles.
This type of intervention is known by a variety of names including
Parental Conflict Intervention, Family Restructuring Therapy, PostSeparation/Divorce Counseling, or, in some cases when an arbitration
component is not included, Parent Coordination.
In cases of extreme conflict, significant concerns pertaining to mental
health of a parent or a history of violence, one Parenting Expert may be
appointed for each parent and all joint sessions will involve both
Parenting Experts. The Court, in this case, should authorize the
Parenting Experts to consult with one another.
v. Therapeutic Intervention with Child Only
A therapeutic intervention only involving the child has the key focus of
helping them with the adjustment issues pertaining to having a
separated/divorced family. It can address difficulties in relationships
with parents or other children, including siblings, difficulties learning,
and difficulties with behaviour. It is not seen to be sufficient to
minimize damage done by high conflict parents without the parents
also being in a therapeutic process.
vi. Therapeutic Intervention with Parents and Children
The purpose of a therapeutic intervention involving both parents and
children is for the Parenting Expert to actively work with the family in
an attempt to increase cooperation, facilitate a change in relationships,
meet the emotional needs of family members and/or develop a
parenting plan. Often, there are separate Parenting Expert(s) for the
parents and for the child with all Parenting Experts given authority to
confer with one another. The individual therapist working with the
child can provide information regarding the child's needs or opinions to
the Parenting Expert(s) working with the parents. The child’s therapist
may also be part of a team working to reunite children with rejected
parents in remedial facilitated access/parent-child reunification.
39
February, 2016
Alberta Rules of Court
Volume 2
Court of Queen’s Bench
Family Practice Notes
vii. Remedial Facilitated Access/Parent-Child Reunification:
Facilitating remedial access between parent and child. This includes
assisting a parent and a child to meet and become reacquainted when
one parent has been out of a child’s life for a long time. Depending on
the complexity of the case and the presence of past allegations, it can
take place with a single Parenting Expert working with the parent and
child, two Parenting Experts (one for the child and one for the parents),
or, in extreme cases, three Parenting Experts (one for the child and one
for each parent).
C. Mediation/Arbitration
Parenting Coordination: The Court may delegate decision-making to a
Parenting Expert (parenting coordinator/arbitrator), where both parties to the
action have consented. The Parenting Expert will assist the parents to decide
parenting issues within the context and specific instructions of a Court Order
which establishes the parameters for the parenting coordinator/arbitrator and
for custody/access/parenting time and parenting responsibilities.
The Parenting Expert is a qualified arbitrator. The Parenting Expert will act
as a mediator when the parents encounter conflict. Where the Parenting
Expert cannot assist the parties to negotiate a settlement of the conflict, the
Parenting Expert may decide the issue and the parties are bound by that
decision because of their jurisdiction as arbitrators. No decision of the
Parenting Expert may override the Court Order.
The Consent Court Order should clearly state the nature of the decisions to
be made by the Parenting Expert.
Appendix B provides a draft form of order for Parenting Coordination
Orders. This form of order is a guide and may be modified to suit the
specific case.
D. Other
i. The Court may also order other forms of intervention such as
multidisciplinary teams, facilitated planning meetings, ethno culturalspecific models (eg. Peacemaking, family group decision-making) or
group therapy.
ii. Any other kind of intervention not listed herein which the Court
considers appropriate in the circumstances of the case.
40
February, 2016
Alberta Rules of Court
Volume 2
Court of Queen’s Bench
Family Practice Notes
IV. CONFIDENTIALITY
38. All participants shall be made aware that the Parenting Expert has the
discretion either to disclose all information received from a parent, child or
other source, or to keep all or some information confidential if it is in the
best interests of the children to do so. However, if the dispute between the
parents proceeds to trial, the Court may compel production of any
information not previously disclosed.
APPENDIX A – INTERVENTION ORDER
Form FPN7-1
[Family Practice Note 7]
COURT FILE NUMBER
COURT
Clerk’s Stamp
COURT OF QUEEN’S BENCH OF ALBERTA
JUDICIAL CENTRE
PLAINTIFF
DEFENDANT
DOCUMENT
INTERVENTION ORDER
ADDRESS FOR SERVICE
AND CONTACT
INFORMATION OF PARTY
FILING THIS DOCUMENT
DATE ON WHICH ORDER WAS PRONOUNCED:
LOCATION OF HEARING OR TRIAL: _______________, Alberta
NAME OF JUDGE WHO MADE THIS ORDER:
THE COURT HAS REVIEWED THE AFFIDAVITS FILED IN SUPPORT OF
THIS APPLICATION AND HAS BEEN ADVISED OF THE FOLLOWING:
A. THE NAME AND BIRTHDATE of each child of the marriage is as follows:
(Indicate full names and dates of birth for each child of the marriage.)
41
February, 2016
Alberta Rules of Court
Volume 2
Name
Court of Queen’s Bench
Family Practice Notes
Date of Birth
B. The interim Order of Justice [name of Justice] provides that the [parent(s)]
has/have [parenting time, joint, sole, shared] custody of the children, and that
the primary residence of the children is with [mother/father].
C. The purpose of the Intervention is [put in purpose of Intervention].
D. The Parenting Expert appointed by the Court in this Order is a friend of the
Court and responsible to the Court and not responsible to either party.
E. The Parenting Expert may not disclose all information received from a
parent, child or other source, and may keep all or some information
confidential if it is in the best interests of the children to do so, but if the
dispute between the parents proceeds to trial, the Court may compel
production of information from the Parenting Expert.
F. [Put in any other preamble information].
IT IS ORDERED THAT:
1.
[Name of professional] is hereby appointed as Parenting Expert to carry out
the following [short-term or long-term] Intervention under Family Law
Practice Note 7:
(Describe fully the nature of the Intervention that is being ordered
considering the issues in dispute and the types of intervention set out in
Practice Note 7. The Parenting Expert should be consulted on the
description of the Intervention to be included in the Intervention Order to
ensure that it is consistent with what the Parenting Expert can do)
2.
(Where the Intervention is short-term, the following should be included) This
is a short-term Intervention which must not take longer than [specify the
number of hours] hours without leave of the Court.
3.
(Where the Intervention is long-term, the Court should consider setting time
lines in consultation with the Parenting Expert.)
4.
(Where the parties are not under case management at the time this
Intervention Order is made, the Court will either direct the parties to apply
for case management or shall order that the Parenting Expert send any
letters or reports to the judge making this Intervention Order.)
42
February, 2016
Alberta Rules of Court
Volume 2
5.
Court of Queen’s Bench
Family Practice Notes
The Parenting Expert may at any time during the course of his/her mandate
seek directions from the Court on notice to the parties provided that the
Parenting Expert has given a reasonable time to counsel to respond before
seeking directions from the Court. Such directions may include
circumstances where:
(a) a party withdraws from the Intervention;
(b) the parties are not cooperating with the Parenting Expert;
(c) the Parenting Expert concludes that the Intervention should be
terminated, in which case the Parenting Expert shall identify the factors
contributing to the termination and shall make recommendations to the
Court as to further Interventions that the Court might order; or
(d) the parties have failed to fund the Intervention in accordance with the
terms of this Order.
6.
When seeking directions, the Parenting Expert may communicate with the
Court by letter with copies to counsel representing the parties.
7.
The Parenting Expert shall not, without leave of the Court, give the letter or
copies of the letter to the parties or the children.
8.
The parties are entitled to view the letters with their counsel. However,
counsel for the parties shall not, without leave of the Court, give a copy of
the letter to the parties or to the children. (Where one or both of the parties
are self-represented, set out in the order how they will view the letter by
contacting the Clerk of the Court and following the procedure set on in
section 20 of the Practice Note)
9.
The Parenting Expect or counsel may provide a copy of the Parenting
Expert’s recommendations, if there are any, to the parties without a further
order of the Court.
10. The parties may use the letters or reports from the Parenting Expert for: [all
purposes in the litigation, or only for the purpose of the case management, or
only for the purposes of interim applications, or only for the purpose of trial,
or anything else the Court may order.]
11. If a parenting plan or other written resolution is developed by the parties
during the course of the Intervention, they shall file it with the Court.
12. If the Intervention does not result in a parenting plan or written resolution,
the Parenting Expert shall communicate the substance of the Intervention to
the court in a letter.
13. Where it is necessary for the Parenting Expert to speak with a child, either
alone or with the parents, the consent of the parents is hereby dispensed
with.
43
February, 2016
Alberta Rules of Court
Volume 2
Court of Queen’s Bench
Family Practice Notes
14. [Consider whether there are any no contact provisions, emergency
protection orders, or restraining orders that should be limited or suspended
to facilitate the Intervention.]
15. The parties may not include in an affidavit any letters or reports of what
transpired during the Intervention.
16. Subject to the ultimate determination by the trial Justice as to how the parties
shall bear the costs of the Parenting Expert, the remuneration of the
Parenting Expert shall be paid in the first instance by the parties as follows:
(a) [address whether either or both parties are to seek a subsidy]
(b) [name of party] is to bear [percentage] share of the costs in the interim;
and
(c) [name of other party] is to bear [percentage] share of the costs in the
interim.
17. If either party fails to comply with the terms of this order concerning
remuneration of the Parenting Expert by [set date], the parties shall return to
this Court for further direction [set default date].
18. (If there are to be no applications to the Court until Intervention, Evaluation
or Assessment is complete) There shall be no applications to the Court until
the Intervention is complete without leave of the Court.
19. Unless otherwise ordered, no complaint may be made to the professional
body governing the practice of the Parenting Expert until the Intervention is
complete.
_______________________________
Justice of the Court of Queen’s Bench
APPENDIX B – PARENTING COORDINATION ORDER
Form FPN7-2
[Family Practice Note 7]
COURT FILE NUMBER
Clerk’s Stamp
COURT
Clerk’s Stamp
COURT OF QUEEN’S BENCH OF ALBERTA
JUDICIAL CENTRE
PLAINTIFF
DEFENDANT
DOCUMENT
PARENTING COORDINATION ORDER
44
February, 2016
Alberta Rules of Court
Volume 2
Court of Queen’s Bench
Family Practice Notes
ADDRESS FOR SERVICE
AND CONTACT
INFORMATION OF PARTY
FILING THIS DOCUMENT
DATE ON WHICH ORDER WAS PRONOUNCED:
LOCATION OF HEARING OR TRIAL: _______________, Alberta
NAME OF JUDGE WHO MADE THIS ORDER:
THE COURT HAS REVIEWED THE AFFIDAVITS FILED IN SUPPORT OF
THIS APPLICATION AND HAS BEEN ADVISED OF THE FOLLOWING:
A. THE NAME AND BIRTHDATE of each child of the marriage is as follows:
(Indicate full names and dates of birth for each child of the marriage.)
Name
Date of Birth
B. The interim Order of Justice [name of Justice] provides that the [parent(s)]
has/have [parenting time, joint, sole, shared] custody of the children, and that
the primary residence of the children is with [mother/father].
C. The parties have difficulties in reaching an agreement concerning their
parenting responsibilities.
D. The parties have consented to the appointment of a Parenting Coordinator to
assist the parents to decide parenting issues and to act as a mediator when
the parents encounter conflict.
E. The parties have consented to being bound by the decisions of the Parenting
Coordinator, subject to Court review as provided below.
F. The Parenting Coordinator appointed by the Court in this Order is a friend of
the Court and responsible to the Court and not responsible to either party.
G. The Parenting Coordinator may not disclose all information received from a
parent, child or other source, and may keep all or some information
confidential if it is in the best interests of the children to do so, but if the
dispute between the parents proceeds to trial, the Court may compel
production of information from the Parenting Coordinator.
H. [Put in any other preamble information.]
45
February, 2016
Alberta Rules of Court
Volume 2
Court of Queen’s Bench
Family Practice Notes
IT IS ORDERED THAT:
1.
Justice [name of Justice] is appointed Case Manager in this matter.
(Where the parties are not under case management at the time this
Parenting Coordination Order is made, the Court will either direct the
parties to apply for case management or shall order that the Parenting
Coordinator send any letters or reports to the judge making this Parenting
Coordination Order.)
2.
[Name of professional], is hereby appointed as Parenting Coordinator under
Family Practice Note 7 to assist the parties in deciding the following
parenting issues:
(Describe fully the issues in dispute and the nature of the
coordination/mediation/arbitration that is being ordered, including
custody/access/parenting time and parenting responsibilities. The Parenting
Coordinator should be consulted on the description to be included in this
Parenting Coordination Order to ensure that it is consistent with what the
Parenting Coordinator can do.)
3.
The authority of the Parenting Coordinator is to:
(a) Meet with each of the parties, alone or together, in the Parenting
Coordinator’s discretion;
(b) Meet or consult with such other persons as teachers, care providers,
extended family members, or others, in the Parenting Coordinator’s
discretion;
(c) Consult with and report to Counsel for the parties in the Parenting
Coordinator’s discretion;
(d) Assist the parties in reaching as much agreement as possible about how
they will parent their child(ren);
(e) Assist the parties in developing a Parenting Plan setting out how the
parenting responsibilities will be shared between the parties;
(f) If the Parenting Coordinator determines at any given time that the
parties cannot reach an agreement about some or all details of a
Parenting Plan, to create and supervise a plan for the division or
sharing of parental responsibilities between the parties, incorporating
those matters the parties have agreed upon;
(g) If, at any time, the parties have a dispute over any detail of parenting
within the Parenting Plan, the Parenting Coordinator shall decide the
matter and the parties are bound by that decision. The procedure to be
followed shall be in the Parenting Coordinator’s discretion provided
there is, at a minimum, a brief telephone communication with each of
the parents before the Parenting Coordinator’s decision is
communicated to both parties;
46
February, 2016
Alberta Rules of Court
Volume 2
Court of Queen’s Bench
Family Practice Notes
(h) The Parenting Plan for the division of sharing of parenting
responsibilities between the parties shall include, without limiting the
generality of the Plan:
□ The time the children spend with each parent;
□ The time the children spend with third party care providers being
the extended family, child care providers or others;
□ The physical location of the children including residence from
time to time;
□ Any travel plans that involve the children;
□ The basis upon which the children may be taken temporarily
outside a 100 km radius from [the municipality where the children
normally reside];
□ Medical, dental or other matters upon which the parents do not
agree;
□ Activities that the children should be registered in;
□ (List any additional parenting responsibilities to be set out in the
Parenting Plan.)
(i) (List any other authority that the Parenting Coordinator has in
conducting the coordination/mediation/arbitration.)
4.
The Parenting Coordinator has no authority to make decisions concerning
the payment of child support by either party.
5.
No decision of the Parenting Coordinator may override this Order.
6.
The Parenting Plan shall be based upon the best interests of the child
consistent with:
(a) The accepted child development literature;
(b) The particular needs of these children; and
(c) The ability of the parents to work together within the Plan.
7.
If a Parenting Plan is developed by the parties or by the Parenting
Coordinator, it shall be filed with the Court.
8.
If the Coordination does not result in a Parenting Plan or written resolution,
the Parenting Coordinator shall communicate the substance of the
Coordination to the Case Management Judge in a letter.
9.
Where it is necessary for the Parenting Coordinator to speak with a child,
either alone or with the parents, the consent of the parents is hereby
dispensed with.
10. [Consider whether there are any no contact provisions, emergency
protection orders, or restraining orders that should be limited or suspended
to facilitate the Coordination.]
47
February, 2016
Alberta Rules of Court
Volume 2
Court of Queen’s Bench
Family Practice Notes
11. On notice to the parties, the Parenting Coordinator can refer concerns about
the well-being of the children to the Case Management Judge in writing.
12. The Parenting Coordinator may at any time during the course of his or her
mandate seek directions from the Case Management Judge on notice to the
parties provided that the Parenting Coordinator has given a reasonable time
for the parties to respond before seeking directions from the Court. Such
directions may include circumstances where:
(a) a party withdraws his or her consent from participating in the
Coordination;
(b) the parties are not cooperating with the Parenting Coordinator;
(c) the Parenting Coordinator concludes that the Coordination should be
terminated, in which case the Parenting Coordinator shall identify the
factors contributing to the termination and shall make
recommendations to the Case Management Judge as to further
interventions that the Court might order; or
(d) the parties have failed to fund the Coordination in accordance with the
terms of this Order.
13. When seeking directions, the Parenting Coordinator may communicate with
the Court by letter with copies to counsel representing the parties.
14. The Parenting Coordinator shall not, without leave of the Court, give the
letter or copies of the letter to the parties or the children.
15. The parties are entitled to view the letters with their counsel. However,
counsel for the parties shall not, without leave of the Court, give a copy of
the letter to the parties or to the children.
(Where one or both of the parties are self-represented, set out in the order
how they will view the letter by contacting the Clerk of the Court and
following the procedure set out in section 20 of Family Practice Note 7.)
16. The Parenting Coordinator or counsel may provide a copy of the Parenting
Plan to the parties without a further order of the Court.
17. The parties may use the letters or reports from the Parenting Coordinator for:
[all purposes in the litigation, or only for the purpose of the case
management, or only for the purposes of interim applications, or only for the
purpose of trial, or anything else the Court may order.]
18. The parties may not include in an affidavit any letters or reports of what
transpired during the Coordination.
19. If either party objects to a decision of the Parenting Coordinator, that party
can appeal to the Case Management Judge, provided that:
(a) The objecting party must first raise his or her objections to the
Parenting Coordinator in writing,
48
February, 2016
Alberta Rules of Court
Volume 2
Court of Queen’s Bench
Family Practice Notes
(b) Until the Case Management Judge rules on the objection, the Parenting
Coordinator’s decision is to be followed.
(c) The Case Management Judge shall convene a case conference with the
parties and their counsel (if any) present. The Parenting Coordinator
shall attend the case conference if either party or the judge requests his
or her attendance.
(d) The party objecting to the Case Management Judge about a decision of
the Parenting Coordinator shall have the onus to show that the decision
of the Parenting Coordinator should be changed.
20. Subject to the ultimate determination by the trial Justice as to how the parties
shall bear the costs of the Parenting Expert, the remuneration of the
Parenting Expert shall be paid in the first instance by the parties as follows:
(a) [address whether either or both parties are to seek a subsidy]
(b) [name of party] is to bear [percentage] share of the costs in the interim;
and
(c) [name of other party] is to bear [percentage] share of the costs in the
interim.
21. If either party fails to comply with the terms of this order concerning
remuneration of the Parenting Coordinator by [set date], the parties shall
return to this Court for further direction [set default date].
22. (If there are to be no applications to the Court until the Coordination is
complete) There shall be no applications to the Court until the Coordination
is complete without leave of the Court.
23. Unless otherwise ordered, no complaint may be made to the professional
body governing the practice of the Parenting Coordinator until the
Coordination is complete.
________________________________________
Justice of the Court of Queen’s Bench of Alberta
CONSENTED TO BY:
_____________________________________
Plaintiff (OR Solicitor for the Plaintiff)
(if Plaintiff signs, attach Affidavit of Execution)
AND BY:
_______________________________________
Defendant (OR Solicitor for the Defendant)
(if Defendant signs, attach Affidavit of Execution)
49
February, 2016
Alberta Rules of Court
Volume 2
Court of Queen’s Bench
Family Practice Notes
Family Law Practice Note 7: Interventions
For a list of psychologists and social workers who have experience with or
have been trained in family conflict intervention under Practice Note 7, visit
Alberta Courts website at
http://albertacourts.ab.ca/LinkClick.aspx?fileticket=nVXkP%2bza66c%3d&
tabid=93&mid=689
Court of Queen’s Bench of Alberta
Family Law Practice Note 8
Parenting Time/Parenting
Responsibilities Assessments1
TABLE OF CONTENTS
PURPOSE AND APPLICATION
PROCEDURES FOR PARENTING TIME/PARENTING RESPONSIBILITIES
APPENDIX 1 - DEFINITIONS
APPENDIX 2 - ORDERS
PURPOSE AND APPLICATION
1.
This Practice Note is for use in a small minority of separated and divorcing
families where:
a) the families are experiencing an impasse,
b) an assessment for the Court is required; and
c) the Court requires assistance from Parenting Experts.
1
Definition found in Appendix 1; in the past, this was called Bi-lateral Custody
Assessment. For information about the Child Custody Assessment, Professional
Guidelines for Psychologists, College of Alberta Psychologists, please look on line at
http://www.cap.ab.ca/documents.aspx?DocTypeCode=ProG item 3.
50
February, 2016
Alberta Rules of Court
Volume 2
Court of Queen’s Bench
Family Practice Notes
2.
This Practice Note may be used to provide a Parenting Time/Parenting
Responsibilities Assessment (or “Assessment”) where resolution is not
possible, or an Intervention under Practice Note 7 will be ineffective. The
Assessment will provide an objective assessment of the family by a
Parenting Expert as a litigation aid to assist the Court in addressing the best
interests of the children.
3.
This Practice Note takes into account the limitations imposed on Parenting
Experts by the professional bodies that govern them, and was prepared in
consultation with the College of Alberta Psychologists and the Alberta
College of Social Workers.
4.
This Practice Note does not apply to matters under the Child, Youth and
Family Enhancement Act, R.S.A. 2000, c. C-12.
PROCEDURES FOR PARENTING TIME/PARENTING
RESPONSIBILITIES ASSESSMENTS:
5.
Appendix 2 provides a form of Order for Parenting Time/Parenting
Responsibilities Assessments. That form of order is a guide and may be
modified to suit the specific case.
6.
Failing agreement by the parties as to the Child Parenting Expert to be
appointed by the Court, the Court will select the Expert taking into
consideration the parties’ suggestions. The Expert may not be appointed
unless the Expert consents to act.
7.
This Practice Note expressly recognizes that Parenting Experts are not
permitted by their colleges to engage in the dual roles of Assessment and a
PN7 Intervention.
8.
Each Order for a Parenting Time/Parenting Responsibilities Assessment
must address funding, time lines for funding, and each parent’s
responsibility for that funding. Before ordering an Assessment, the Court
must determine the ability of the parties to pay. If the parties cannot pay and
subsidies are not available then an Assessment must not be ordered.
9.
Each Order must address the intended use of a Parenting Expert report or
letter. In particular, the Order should address whether the report or letter may
be used only for interim applications, or only for trials or for both.
10. The Parenting Expert may, on notice to all parties and by letter seek
directions from the Court at any time during an Assessment, provided that
the Parenting Expert has first contacted legal counsel for the parties in an
attempt to resolve the issue. Given the circumstances in each case, the
Parenting Expert shall give counsel a reasonable time to respond before
seeking directions from the Court. Once a letter is received, the Court may
convene a hearing with the Parenting Expert and the parties, or may attempt
to resolve the issue by letter to the parties and the Parenting Expert. The
51
February, 2016
Alberta Rules of Court
Volume 2
Court of Queen’s Bench
Family Practice Notes
notice provision of this paragraph applies to all of those provisions in this
Practice Note that provide for the Parenting Expert to contact the Court.
11. The Parenting Expert, on notice by letter with copies to legal counsel, shall
seek further directions from the Court in the following circumstances:
a) where a party withdraws from an Assessment,
b) where a party fails to cooperate with the Parenting Expert; or
c) if the Parenting Expert fees for the Assessment are not paid as directed
by the Court.
12. The Court may include a provision in any order prohibiting further
applications by the parties with respect to parenting, custody or access until
the Assessment is completed, unless the safety or health of a child is at risk
or the Parenting Expert recommends an application.
13. Where a parent refuses to provide his/her consent to the Parenting Expert for
an Assessment or consent to allow the Parenting Expert to speak to the
children alone or with the other parent, the Court may dispense with that
parent’s consent and order the Assessment to proceed without that parent’s
involvement.
14. Unless otherwise ordered, no complaint may be made to the professional
body governing the practice of the Parenting Expert until the Assessment is
complete or the Court has rendered its decision in the matter for which an
Assessment has been ordered.
15. An Assessment is an objective, neutral evaluation carried out by a Parenting
Expert as an aid to litigation. An Assessment may address only one home or
parent or child. Assessments may include psychological testing. An
Assessment may also explore individual issues such as the educational needs
of a child, the mental health of an individual, and anything else that the
litigants identify and the Court orders.
16. The Court may seek the Expert’s recommendations as to the parameters of
the Assessment and the necessity for psychological testing.
17. Where a Parenting Expert has commenced an Assessment and concludes that
an Intervention under Practice Note 7 may be more appropriate, the
Parenting Expert may, by letter, notify the Court and the legal counsel of that
conclusion and seek direction from the Court.
18. A Parenting Expert may investigate and collect evidence, and is not limited
to reviewing evidence.
19. Where information necessary for the Parenting Expert to complete the
Assessment is held by a non-party, the Court may, on notice to the nonparty, and permitting the non-party to make submissions to the Court, order
the production of that information.
52
February, 2016
Alberta Rules of Court
Volume 2
Court of Queen’s Bench
Family Practice Notes
20. If the Parenting Expert concludes that the Assessment must be terminated,
the Expert shall identify the factors contributing to the termination and shall
make recommendations to the Court as to further interventions under
Practice Note 7.
21. Once the Court has ordered an Assessment, no additional assessments
involving the children may be undertaken by the parties without an order of
the Court.
Assessment Reports
22. A Parenting Expert shall prepare and deliver to the Court and to all legal
counsel the Assessment Report or Reports at times and in the manner
directed by the Court.
23. The Parenting Expert or counsel may provide to the parents a copy of the
recommendations made by the Parenting Expert. The entire Report is not to
be provided to the parents.
24. The parents are entitled to view the entire Report but the parents may not
receive copies of the Assessment Report, with the exception of the
recommendations, without prior leave of the Court. Legal counsel may not
provide copies of the Report nor disclose the contents of the Report to any
person, other than their client or experts retained by that counsel on behalf of
the client. The children shall not see the Report, nor receive copies of the
Report.
25. Where a party is self-represented, that party must be notified by the Expert
by letter, a copy of which shall also be provided to the Court and the other
party through counsel where that party is represented, that the Assessment
Report is being delivered to the Court and that the self-represented party
may contact the Court to arrange to see the Report. The Parenting Expert
may provide a self-represented party with a copy of the recommendations,
with the admonishment that the parent is not to show the recommendations
to the children.
26. Where a party is self-represented, the party may make arrangements with the
Clerk of the Court to read the entire Report with the Clerk. The selfrepresented party shall not receive or make a copy of the Report but may
take notes on the contents of the Report. The self-represented party must
provide those notes to the Clerk who will make a copy for the judge who
made the Order which copy shall be forwarded to the judge for that judge’s
file. The parties shall not discuss the Report with the children.
27. The Court may direct that an Assessment Report be admitted as evidence in
any proceeding in which the best interests of the child who is the subject of
the Report are at issue. Where the Report relies on information from a file
under the Child, Youth and Family Enhancement Act, or where for any
other reason the Court deems it appropriate, the Court may order that the
filed Report be sealed.
53
February, 2016
Alberta Rules of Court
Volume 2
Court of Queen’s Bench
Family Practice Notes
28. A Parenting Expert who prepares an Assessment Report is compellable to
give viva voce evidence and to be cross-examined by the parties in any
proceeding in which the best interests of the child are in issue.
29. Where an Assessment Report is admitted into evidence at trial, or where a
Parenting Expert gives viva voce evidence, the Justice, if it is appropriate
and cost effective, may order the Expert to conduct further reviews or
updated Assessments and make further recommendations after the
conclusion of the trial. No such order shall place the Expert in a conflict of
interest or require an Expert to act if he is unwilling or unavailable.
Confidentiality of Assessments
30. The Assessment Order shall provide that the Assessment is not confidential
unless the Expert considers that information disclosed by the children should
not be disclosed to the parents. In that event, the Expert shall bring the issue
before the Court and the Court may order that information be kept
confidential.
31. A Parenting Expert may be required to disclose all or part of the contents of
the Expert’s file after the Expert has been given an opportunity by the Court
to explain the consequences of releasing such information and to explain the
regulations of the Expert’s college. The Court may make such order as to
costs for copying the file as is appropriate in the circumstances.
APPENDIX 1 – DEFINITIONS
42. The following definitions apply for this Practice Note:
“Parenting Time/Parenting Responsibilities Assessment” means a
comprehensive Assessment of the nuclear family to assist the Court in
determining parenting arrangements that are in the best interests of the
children and within the capabilities of the family. Such an assessment
evaluates the parents’ capacities to meet their children’s needs, and their
personal and parenting strengths and vulnerabilities. It may also include
assessments of any new partners, extended family members or other
associates who play a significant role in parenting the children within the
home. Additionally, it involves a comprehensive evaluation of the children’s
developmental needs, observation of parent/child interactions, and
corroboration of reports and observations through collateral information
sources.
“Parent” means the father, mother or guardian of the children as defined in
the Family Law Act.
54
February, 2016
Alberta Rules of Court
Volume 2
Court of Queen’s Bench
Family Practice Notes
“Parenting Expert” or “Expert” means a psychologist, social worker or
other professional, or a team of professionals, with sufficient training and
experience to be accepted by the Court as expert in matters relating to
parenting time, parenting responsibilities, contact, custody and access to
children.
APPENDIX 2 – ASSESSMENT ORDER
Form FPN8-1
[Family Practice Note 8]
COURT FILE NUMBER
Clerk’s Stamp
COURT COURT OF QUEEN’S BENCH OF ALBERTA
JUDICIAL CENTRE
PLAINTIFF
DEFENDANT
DOCUMENT
Practice Note 8 Parenting Time/Parenting
Responsibilities Assessment Order
ADDRESS FOR SERVICE
AND CONTACT
INFORMATION OF PARTY
FILING THIS DOCUMENT
DATE ON WHICH ORDER WAS PRONOUNCED:
LOCATION OF HEARING OR TRIAL: _______________, Alberta
NAME OF JUDGE WHO MADE THIS ORDER:
UPON THE APPLICATION of the Applicant, [Applicant]; AND UPON having
read the Applicant's Affidavit, sworn [date]; and UPON having read [insert];
AND UPON NOTING that this Assessment Order is made under Practice Note
8;
AND UPON having heard from [insert] and from [name of the Parenting Expert]
as to the appropriate terms of this Order;
55
February, 2016
Alberta Rules of Court
Volume 2
Court of Queen’s Bench
Family Practice Notes
AND UPON NOTING that the Court wishes to have an Assessment to assist the
Court in determining the family arrangements that will be in the best
interests of the children of the family;
AND UPON NOTING that the Parenting Expert appointed by the Court herein
has consented to conduct the Assessment and is a friend of the Court and
responsible to the Court and not responsible to either party;
AND UPON NOTING the process set out herein is a Court directed process and
is not confidential unless otherwise ordered by the Court and that no
confidentiality attaches to the information shared by the parties, third parties
or the children with the Parenting Expert and that all such information may
be disclosed to the Court;
AND UPON NOTING the Interim Order of Justice [name of Justice] dated [date]
which provides that the [parent(s)] has/have [kind of parenting time] [joint,
sole, shared] custody of the children, and that the primary residence of the
children is with [mother/father];
AND UPON the Court being advised that the name and birth date of each child
of the parties’ marriage or relationship is as follows:
[Child's Name], born [Child's Birth date];
[Child's Name], born [Child's Birth date];
AND UPON [insert any other preamble information];
IT IS HEREBY ORDERED THAT:
1.
[name of professional] is hereby appointed as a Parenting Expert to carry out
the following Assessment under Practice Note 8:
a. [describe fully the nature of the assessment that is being ordered]
b. [or] a Parenting Time/Parenting Responsibilities Assessment.
2.
The parties and the children are ordered to cooperate with the Parenting
Expert and: to attend before the Expert; to answer questions; to submit to
testing; to allow access to the child’s current or proposed accommodation;
and to authorize non-parties to release relevant information, where release is
not prohibited by statute, privilege or otherwise.
56
February, 2016
Alberta Rules of Court
Volume 2
Court of Queen’s Bench
Family Practice Notes
3.
If the parties do not cooperate with the Parenting Expert, the Expert shall
report the lack of cooperation to the Court on notice to the parties.
4.
The Parenting Expert will provide the Assessment Report directly to the
Court copying all information to counsel for the parties.
5.
The Parenting Expert shall not, without leave of the Court, give the
Assessment Report or copies of the Assessment Report to the parties.
Further, counsel for the parties shall not give a copy of the assessment report
to the parties.
6.
The Parenting Expert, the party’s counsel or the Clerk of the Court may
provide a copy to the parents of the recommendations made by the Parenting
Expert.
7.
The parties may view the entire Assessment Report in their counsel’s office,
or where one or both of the parties is self-represented, the party may make
arrangements with the Clerk of the Court to read the Report with the Clerk.
The self-represented party shall not receive or make a copy of the Report but
may take notes on the contents of the Report. The self-represented party
must provide those notes to the Clerk who will make a copy for the judge
making the order which copy shall be forwarded to the judge for that judge’s
file.
8.
The Parenting Expert may at any time seek directions from the Court upon
reasonable notice to the parties.
9.
Where it is necessary for the Parenting Expert to speak with a child, either
alone or with the parents, the consent of the parents is hereby dispensed
with.
10. Subject to the ultimate determination by the trial Justice as to how the parties
shall bear the costs of the Parenting Expert, payment of the Parenting Expert
shall be paid by the parties as follows:
a. [address whether either or both parties are to seek a subsidy]
b. [name of party] is to bear [percentage] share of the costs in the interim;
c. [name of other party] is to bear [percentage] share of the costs in the
interim;
11. If either party fails to comply with the terms of this order concerning
remuneration of the Parenting Expert by [set date], the parties shall return to
this Court for further direction [set default date].
57
February, 2017
Alberta Rules of Court
Volume 2
Court of Queen’s Bench
Family Practice Notes
12. The parties may not obtain additional Expert reports which involve the
children without prior leave of the Court.
13. Unless otherwise ordered, no complaint may be made to the professional
body governing the practice of the Parenting Expert until the Court has
rendered its decision in the matter for which the Assessment has been
ordered.
14. The parties may not make any applications to the Court during the
Assessment, without leave of the Court.
Justice of the Court of Queen’s Bench
of Alberta
ENTERED this
day of
, 20 .
Clerk of the Court
Court of Queen’s Bench of Alberta
Family Law Practice Note “9”
Intake, Resolution and Caseflow Management
Calgary and Red Deer
Effective January 3, 2017
Definitions
1 In this Practice Note:
(a) “application” means an application to the Court
(i) for an order under the Family Law Act respecting parenting,
guardianship, contact with a child, enforcement of time with a
child, child support, declaration of parentage or exclusive
possession, or
(ii) under the Extra-provincial Enforcement of Custody Orders Act
respecting the enforcement or variation of a custody order or the
making of a custody order;
(b) “caseflow conference” means a conference that has been scheduled
between a caseflow coordinator and the applicant and the respondent,
and their legal counsel, if any, to explore settlement options, facilitate
settlement and facilitate the applicant’s and respondent’s access to the
Court;
58
February, 2017
Alberta Rules of Court
Volume 2
Court of Queen’s Bench
Family Practice Notes
(c) “caseflow coordinator” means a coordinator of the Court’s intake and
caseflow management program;
(d) “Court” means the Court of Queen’s Bench of Alberta;
(e) “director” means a person designated as a director under the Child,
Youth and Family Enhancement Act;
(f) “intake counsellor” means an employee of the Government of Alberta
who is a family court counsellor.
Starting an application
2(1) Before filing an application with the clerk of the Court, an applicant who is
not represented by legal counsel must consult with an intake counsellor about
options and possible referrals.
(2) Before filing an application with the clerk of the Court, legal counsel for the
applicant must inform the applicant of the option to schedule a caseflow
conference.
(3) A respondent who wishes to respond to an application may consult with an
intake counsellor about options and possible referrals.
Scheduling a caseflow conference
3(1) On filing an application, the clerk of the Court must schedule a caseflow
conference to occur prior to a Court hearing
(a) in each case where the applicant is not represented by legal counsel,
and
(b) where the applicant is represented by legal counsel, if the applicant
requests it.
(2) A caseflow coordinator may waive the requirement to schedule a caseflow
conference if, in the opinion of the caseflow coordinator, it is appropriate for the
application to proceed directly to a Court hearing.
(3) Where the clerk has scheduled a caseflow conference, the applicant must
serve a notice of the date, time and location of the caseflow conference on the
same persons who are to be served with the application to which the caseflow
conference relates in the same manner as that application is to be served.
Caseflow conference may precede respondent’s response
4 The caseflow conference may proceed before the respondent has filed and
served a response to the application.
Attendance at caseflow conference
5(1) The applicant and the respondent must attend the caseflow conference and
may attend with or without legal counsel.
59
February, 2017
Alberta Rules of Court
Volume 2
Court of Queen’s Bench
Family Practice Notes
(2) Any other person served under section 3(3) may attend the caseflow
conference or portions that are relevant to that person.
(3) In addition to the persons served under section 3(3), the following may
attend the caseflow conference:
(a) legal counsel;
(b) intake counsellor;
(c) any other person at the discretion of the caseflow coordinator.
Non-attendance by applicant or respondent
6(1) Where a caseflow conference has been scheduled and the applicant does not
attend, the caseflow coordinator must notify the clerk of the Court that the
applicant did not attend and the application may be recorded as having been
abandoned.
(2) Where a caseflow conference has been scheduled and a respondent who has
been served under section 3(3) does not attend,
(a) the caseflow coordinator
(i) must notify the clerk of the Court that the respondent did not
attend,
(ii) must inform the clerk of the Court whether the respondent
indicated in writing agreement or disagreement with the order or
orders applied for, and
(iii) may arrange for the preparation of a form of order for the Court’s
consideration or arrange for the applicant to proceed directly to a
Court hearing without further notice to the respondent,
and
(b) the Court may make an order without further notice to the respondent.
Caseflow conference
7(1) When a caseflow conference proceeds with the applicant and respondent in
attendance, the caseflow coordinator must offer to assist them to explore options
and review documentation required for the application to proceed and inform
them of the process to be followed.
(2) Where the issues are resolved, the caseflow coordinator may arrange for the
preparation of a form of consent order and forward it to the Court for its decision.
(3) Where the issues are not resolved, the caseflow coordinator
(a) may, with the consent of the applicant and respondent, refer them to
mediation, to an intake counsellor or to other agencies, as appropriate,
or
(b) may assist the applicant and respondent to consider their options,
including judicial dispute resolution and a Court hearing.
60
February, 2017
Alberta Rules of Court
Volume 2
Court of Queen’s Bench
Family Practice Notes
(4) Where the issues are not resolved and the applicant and respondent do not
agree on subsequent proceedings, the caseflow coordinator shall refer them to a
Court hearing.
Adjournments
8(1) Where a caseflow conference has been scheduled, the caseflow coordinator
may adjourn it to another time and place or indefinitely.
(2) The caseflow coordinator may request that the clerk of the Court adjourn a
hearing to another time and place or indefinitely
(a) if the applicant consents to the adjournment and the respondent has not
been served with notice of the Court hearing, or
(b) if the respondent has been served with notice of the Court hearing, and
the applicant and the respondent consent to the adjournment.
Attendance at Dispute Resolution Officer Session
9(1) If the application concerns child support, the caseflow coordinator shall
schedule the application to be spoken to at a Dispute Resolution Officer (DRO)
Session (where available). The DRO Session shall proceed as outlined in
Practice Note 4.
10(2) A caseflow coordinator may waive the requirement to schedule a DRO
Session if, in the opinion of the caseflow coordinator, it is appropriate for the
application to proceed directly to a Court hearing.
Tracking applications
11 The caseflow coordinator must monitor the progress of an application
through the proceedings referred to in this Practice Note.
Collection and disclosure of information
12(1) The caseflow coordinator may collect the following information for the
purpose of evaluation respecting this Regulation:
(a) demographic information contained in the application or in a court
document relating to the application;
(b) contact information for the applicant and the respondent and their legal
counsel, if any.
(2) Information collected under this section may be disclosed in a summary or
statistical form.
61
February, 2017
Alberta Rules of Court
Volume 2
Court of Queen’s Bench
Family Practice Notes
Exemption
13(1) Notwithstanding anything in this Regulation, the applicant or the
respondent may apply to the Court, on giving at least 2 days’ notice to the other
party, for an order exempting the applicant or respondent from the requirement to
comply with all or part of this Regulation, and the Court may exempt the
applicant or respondent if the Court considers that there is good and sufficient
reason to do so.
(2) The Court may waive the requirement to give at least 2 days’ notice.
Impartiality
14(1) A caseflow coordinator must act impartially.
(2) Neither the applicant nor the respondent may call the caseflow coordinator as
a witness to testify on that person’s behalf in any proceedings before the Court
respecting the caseflow conference.
Non-confidentiality
15 A caseflow conference is not confidential.
62
February, 2017
Alberta Rules of Court
Volume 2
Court of Queen’s Bench
Commercial Practice Notes
Court of Queen’s Bench of Alberta
Commercial Practice Note “1”
The Commercial Chambers Initiative
June 15, 2015
The purpose of this Practice Note is to clarify issues relating to the scope of the
Commercial Chambers initiative and to clarify booking procedures for the
Commercial List.
Effective June 15, 2015, this Practice Note applies to matters that may be booked
on the Commercial List in Calgary and Edmonton. It supersedes all previous
Notices concerning Commercial Chambers.
Part I: Introduction
The Commercial List was established to hear actions, applications and motions in
Calgary and Edmonton involving issues of commercial insolvency law. In 2014,
the scope and nature of matters that could be heard on the List was expanded to
include certain matters that arise under statute, certain types of injunctive relief
and urgent commercial matters, subject to availability of time on the List and the
approval of a Justice of the Commercial Practice Group.
Issues have arisen with respect to this expansion. This Practice Note amends
previous Notices and clarifies the limits on matters that may be booked on the
List.
All counsel appearing in Commercial Chambers are expected to know and follow
this Practice Note. The Commercial List remains, in the first instance, voluntary,
except for bankruptcy and insolvency matters. Applicants may continue to set
other matters that may qualify for the Commercial List down for hearing either
on the Commercial List or elsewhere.
Part II: Matters Eligible for the Commercial List
1.
Matters that may be scheduled on the Commercial List are applications and
motions that, in essence, involve the following:
a) Bankruptcy and Insolvency Act;
b) Companies’ Creditors Arrangement Act;
c) Receivership applications and all interlocutory motions to appoint, or
give directions to, receivers and receiver/managers;
d) Winding-Up and Restructuring Act;
e) Bank Act relating to realizations and priority disputes;
f) Business Corporations Act (Alberta) and Canada Business
Corporations Act with respect to plans of arrangement, other corporate
reorganizations and applications involving insolvency;
1
July, 2015
Alberta Rules of Court
Volume 2
Court of Queen’s Bench
Commercial Practice Notes
g) Matters relating to the winding up or liquidation of credit unions; and
h) Such other emergency commercial matters as the Chief Justice or the
Associate Chief Justice or their designates may direct to be booked on
the List due to their urgent or time-sensitive nature.
The Co-chairs of the Commercial Practice Group may be contacted about the
scheduling of long matters, urgent matters and matters that may fall within
subparagraph 1(h), above. In such cases, it is expected that counsel shall provide
details on the matter, the urgency, expected length and mutually convenient
dates.
All matters booked under subparagraph 1(h) will be scheduled on a stand-by
basis, pending confirmation that the booking is firm. It should be noted that these
subparagraph 1(h) items may be bumped from the List by emergency insolvency
matters.
For further clarification, the following matters will not be accepted for booking
on the Commercial List, except in exceptional circumstances:
a) commercial matters that are not urgent or time sensitive;
b) matters that should be properly heard by a Master, including procedural
or production applications, builders’ lien matters and foreclosures;
c) appeals of a Master that are procedural in nature or relate to matters set
out in (b);
d) judicial reviews;
e) tenancy appeal board appeals;
f) municipal tax appeals; and
g) matters that should be properly heard by a Registrar under the
Bankruptcy and Insolvency Act.
Part III: Justices, Court Officials and General Procedures
2.
The Commercial List shall be administered by the Commercial Coordinators, who currently are Paula Lorenz and Keri-Ann Stevenson (403476-4804) in Calgary and Sharon Hinz (780-644-7389) in Edmonton.
3.
The principles of operation of the Commercial List are cooperation,
communication and common sense.
4.
A Commercial Practice Group Justice will be available in Commercial
Chambers at 10:00 a.m. on Monday of each week in Calgary (or Tuesday, if
Monday is a holiday) and Tuesday at 10:00 a.m. in Edmonton (the
“Appearance Court”) to deal with urgent, scheduling and
consent matters, and applications for extension of time to file materials for
pending motions. None of these matters must take more than 10 minutes,
except with leave.
2
July, 2015
Alberta Rules of Court
Volume 2
Court of Queen’s Bench
Commercial Practice Notes
5.
Counsel must notify the Commercial Co-Ordinator by noon on the Friday
preceding the Appearance Court of their intention to appear, with a brief
explanation of the nature of the matter to be addressed. Counsel are expected
to have discussed the matter in advance and to have prepared a draft
resolution for consideration by the Chambers Justice. If possible, counsel
should file materials for the appointment by noon on that previous Friday.
6.
Applications without notice (formerly ex parte) on the Commercial List will
be rare. Counsel shall be required to justify the reason for not notifying
interested parties. In most cases, notice shall be required, particularly if the
matter is part of an ongoing dispute and there are solicitors representing
interested parties, even if in respect of other matters.
7.
Applications to have matters listed on the Commercial List under
subparagraph 1(h) should be accompanied by the consent of the other
counsel involved so that the Chief Justice, Associate Chief Justice or his
designate may decide to either grant or refuse the scheduling of the
application. Counsel should also be prepared to address deadlines with
respect to the filing of briefs.
8.
Counsel who intend to make submissions on an application are expected to
appear personally, unless they are allowed by the Justice who will hear the
matter to appear by telephone or video conference. A request for such
special accommodation must be made in advance of the hearing to the
Commercial-Coordinator.
Part IV: Applications for Bookings on the Commercial List
9.
An on-line grid on the Court’s website entitled “Commercial Practice
Bookings” sets out judicial assignments and time availability. The grid is set
in half hour time slots. Parties may book as many slots as are required, and
should advise the Commercial Co-ordinator of the anticipated length of their
application and the nature of the application. The cut-off for bookings is
noon on Wednesday of the preceding week. The Court will accommodate
emergency applications that may arise after the booking cut-off.
10. A matter may be booked on the Commercial List by the Commercial Coordinator if a letter of request and timetable for the filing of briefs is
submitted and the matter clearly falls within the categories of subparagraph
1(a) to (g) (above) or subparagraph 1(h), provided a direction allowing the
matter to be heard has been obtained.
11. Only a Co-Chair of the Commercial Practice Group, the Chief Justice or the
Associate Chief Justice may authorize the booking of a matter on the
Commercial List.
12. If the matter is scheduled for a hearing time of a half day or more, counsel
must set out in their booking letter an estimate of the amount of time it will
take a Justice to read the materials in advance.
3
July, 2015
Alberta Rules of Court
Volume 2
Court of Queen’s Bench
Commercial Practice Notes
Part V: Adjournments and Settlements
13. Counsel shall be expected to be ready to proceed with matters for which
hearing times have been agreed to or set. Adjournment of previously
scheduled matters shall be granted only in special circumstances and for a
material reason. After one adjournment, the matter will normally be struck
from the List, and can be re-booked only with leave of a Co-Chair of the
Commercial Practice Group, the Chief Justice or the Associate Chief Justice.
Applications for adjournments on consent should be forwarded to the
Commercial Co-ordinators or, if directed by the supervising Justice, shall be
spoken to at the next available Appearance Court.
14. If an adjournment of a previously scheduled matter is to be sought or
appears likely to be required, the Commercial Co-ordinator must be alerted
as soon as possible. This notice is required in order to accommodate
scheduling of other matters or to alert counsel on standby bookings.
15. Where appropriate, matters may be scheduled to be heard on a “standby”
basis for a particular date. In these cases, counsel should be prepared to
proceed on short notice or they must keep the Commercial Co-ordinator
advised of times when they are not available.
16. Counsel on Commercial List matters are expected to advise the Court
promptly of all concluded settlements or matters that are reasonably likely to
settle so that other matters may be scheduled.
Part VI: Justice to Hear Whole Matter
17. It is anticipated that a Justice who determines a substantive component of a
complex insolvency proceeding will continue to hear all subsequent
substantive components in that proceeding, where possible. Accordingly,
that Justice will become, in effect, the case management Justice of the
matter. Arrangements for these subsequent proceedings may be made to the
continuing Justice directly with the Commercial Co-ordinator. That case
management Justice should be contacted in writing about the nature of the
matter to be heard, preferably with a draft application and a list of times that
are convenient to all counsel. This is to allow the Justice to conveniently
schedule the matter or refer it back to the Commercial Co-ordinator for reassignment.
18. For matters of sufficient complexity, duration or special timing, in the event
that the continuing Justice is not sitting on the Commercial List at the time
or has not then been assigned to a future Commercial List that is convenient,
a request may be made through the
Commercial Co-Ordinator for the appointment of a new continuing Justice
or team of Justices.
4
July, 2015
Alberta Rules of Court
Volume 2
Court of Queen’s Bench
Commercial Practice Notes
Part VII: Materials for use of the Court
19. It is expected that materials filed for the use of the Court will be filed with
the Commercial Co-ordinator within the following deadlines, or as directed
by a Justice of the Commercial Practice Group. Unless the matter is urgent
and relief from normal filing deadlines has been authorized by a Justice of
the Commercial Practice Group, all moving party or applicant material must
be filed by noon on the Monday that precedes the week of the hearing. All
responding material must be filed by noon on the Thursday that precedes the
week of hearing.
20. The Commercial Co-ordinator should be advised in the booking letter of the
specific materials that are required from court files for the hearing of any
particular proceeding. This is particularly important where the matter is ongoing or the materials in the court files are voluminous.
21. In appropriate cases, to supplement any required format, counsel are
requested to consider preparing an informal compendium of the key
materials to be referred to in argument (fair extracts of documents,
transcripts, previous orders, authorities, etc.) to assist in focussing the case
for the Court. Relevant portions of the compendium should be highlighted or
marked. Counsel are urged to consult among themselves in the preparation
of a joint compendium, if possible. The compendium should contain only
essential materials.
This Practice Note is subject to periodic review. Please direct any comments
and suggestions concerning the Commercial Chambers initiative to the
Commercial Practice Group Co-Chairs, with copies to the Chief Justice or
Associate Chief Justice. The current Co-Chairs of the Commercial Practice
Group are Romaine, J. in Calgary and Topolniski, J. in Edmonton (with
Nielsen, J. as Acting Co-Chair from September 2015 to May 2016).
Neil C. Wittmann,
Chief Justice
John D. Rooke,
Associate Chief Justice
5
July, 2015
Rules of Court
Volume 2
Court of Appeal
Notices to the Profession
Notice to the Profession
The Court of Appeal of Alberta
October 28, 2013
The Court has adopted the attached policy on the use of electronic devices in
courtrooms.
The policy permits lawyers and accredited media members to use electronic
devices, subject to certain restrictions. It specifically permits accredited media
members to audio record court proceedings for note verification purposes.
On request by court security or staff, lawyers and accredited media members
using electronic devices must produce identification verifying their status (e.g.,
Law Society of Alberta membership card).
Members of the public continue to be prohibited from using electronic
devices. Electronic devices possessed by members of the public must be turned
off and kept out of sight.
The policy is effective immediately and will be reviewed in 12 months.
Questions and feedback can be directed to Jennifer Taylor, Legal Counsel at
(780) 427-0299 or [email protected]
“C.A. Fraser”
Fraser, C.J.A.
NOTE: A copy of the Consolidated Practice Directions, Practice Notes and
Notices to the Profession can be found on the Alberta Courts’ website at
https://www.albertacourts.ca/court-of-appeal/court-of-appeal-rulespractice-directions-notices.
COURT OF APPEAL OF ALBERTA
Policy on the Use of Electronic Devices in Courtrooms
Effective October 28, 2013
Purpose
1
This policy sets out the permitted and prohibited uses of electronic devices in
courtrooms of the Court of Appeal of Alberta (the Court).
1
July, 2015
Rules of Court
Volume 2
Court of Appeal
Notices to the Profession
Definitions
2
In this policy:
(a) “accredited media member” means a media member on the Court of
Queen’s Bench of Alberta’s Media Undertakings List, and
(b) “electronic device” means any device capable of transmitting and/or
recording data or audio, including smartphones, cellular phones, still
and video cameras, voice recorders, computers, laptops, tablets,
notebooks, personal digital assistants and other similar devices.
Prohibited Use of Electronic Devices by the Public
3
Members of the public are not permitted to use electronic devices in the
courtroom. Electronic devices possessed by members of the public must be
turned off and kept out of sight.
Permitted and Prohibited Uses of Electronic Devices by Lawyers and the
Media
4
Subject to sections 5 to 9, lawyers and accredited media members are
permitted to use electronic devices in the courtroom.
5
Electronic devices may be used by accredited media members to audio
record court proceedings for the sole purpose of verifying their notes. Audio
recordings obtained under this policy must not be transcribed, copied,
shared, sold or transmitted in any fashion.
6
Lawyers must not use electronic devices to audio record court proceedings.
7
Electronic devices must be in silent mode and used in a discreet manner.
8
Electronic devices must not:
(a) interfere with courtroom decorum or the proper administration of
justice,
(b) interfere with court recording equipment or other courtroom
technology,
(c) be used for voice communication, or
(d) be used to video record or take photographs.
9
On request by court security or staff, lawyers and accredited media members
using electronic devices must produce identification verifying their status.
2
July, 2015
Rules of Court
Volume 2
Court of Appeal
Notices to the Profession
Judicial Discretion
10 Nothing in this policy affects the authority of a judge or the Court to
determine what use, if any, can be made of electronic devices in the
courtroom.
Publication Bans, Sealing Orders, Restricted Court Access Orders and
Other Restrictions
11 Anyone using an electronic device to transmit information from the
courtroom is responsible for identifying and complying with publication
bans, sealing orders, restricted court access orders and other restrictions on
publication and/or court access imposed by statute or court order.
Enforcement
12 Anyone using an electronic device in a manner inconsistent with this policy
or in violation of an order of a judge or the Court may be:
(a) required to turn the device off,
(b) required to forfeit the device while in the courtroom,
(c) required to leave the courtroom and/or
(d) declared in, and punished for, civil contempt of court.
Questions about this policy can be directed to Jennifer Taylor, Legal Counsel at
(780) 427-0299 or [email protected]
Notice to the Profession
The Court of Appeal of Alberta
May 1, 2015
The Court of Appeal Consolidated Practice Directions are amended as follows:
1.
Part A.6 is repealed and replaced with the following:
6.
Release of Judgments
Unless otherwise ordered:
(a) On the business day before a judgment is to be released, the
Registrar will contact the lawyers or parties involved to advise
that the judgment will be released at 9:30 a.m. on the following
morning. Notice of the judgments to be released the following
business day will also be posted on the Alberta Courts’ website at
https://albertacourts.ca/ by 4:00 p.m.
3
December, 2016
Rules of Court
Volume 2
Court of Appeal
Notices to the Profession
(b) On the day of release, the judgment will be:
(i) provided to the lawyers or parties between 9:30 a.m. and
10:00 a.m.,
(ii) sent to the Canadian Legal Information Institute (CanLII) at
10:00 a.m. for subsequent publishing on its website at
http://www.canlii.org/, and
(iii) available to the public at the offices of the Court at 10:05
a.m.
(Any concerns with on-line judgments should be raised directly
with CanLII.)
(c) Users can subscribe to a free email service that will notify users
when Court of Appeal notices and bulletins, or notice of
judgments to be filed, have been posted to the Court’s website.
For details, see the website https://albertacourts.ca/ under “Court
of Appeal” and “Manage My Subscriptions”.
2.
Part E.4(a)(v) is repealed and replaced with the following:
(v) any control, management or maintenance of records by the Court, and
any filing of documents with the Court, may be suspended or be set to
occur at a location other than the ordinary offices of the Court, and
3.
Replace all references to “www.albertacourts.ab.ca” with
“https://albertacourts.ca”.
4.
Two years after the date hereof, this Notice will expire.
[May 2015]
“C.A. Fraser”
Fraser, C.J.A.
NOTE: A copy of the Consolidated Practice Directions and Practice Notes can
be found on the Alberta Courts’ website at https://albertacourts.ca under “Court
of Appeal” and “Court of Appeal Rules, Practice Directions & Notices.
Certain precedents, checklists and forms can also be found on the Alberta Courts’
website. As these documents are revised from time to time, please refer to the
website for the most recent version.
4
December, 2016
Rules of Court
Volume 2
Court of Appeal
Notices to the Profession
Notice to the Profession
The Court of Appeal of Alberta
June 11, 2015
1.
The 2016 Court of Appeal Sitting Dates are attached.
[June 2015]
2.
Two years after the date hereof, this Notice will expire.
[June 2015]
“C.A. Fraser”
Fraser, C.J.A.
NOTE: A copy of the Consolidated Practice Directions and Practice Notes can
be found on the Alberta Courts’ website at http://albertacourts.ca under “Court of
Appeal” and “Court of Appeal Rules, Practice Directions & Notices.”
Certain precedents, checklists and forms can also be found on the Alberta Courts’
website. As these documents are revised from time to time, please refer to the
website for the most recent version.
5
December, 2016
Rules of Court
Volume 2
Court of Appeal
Notices to the Profession
2016
Court of Appeal of Alberta
Sittings of the Court of Appeal of Alberta
for the year 2016 will be as follows:
General Appeal
Hearings (includes
Civil Appeal Hearing
List) - Opening Day 1
Fast Track Appeals
- Opening Day 1 & 2
Sentence Appeals - Panel Applications 1
First Day of Oral
Argument 1 & 3
Edmonton
Calgary
Mon. Jan. 4
Mon. Jan. 11
Mon. Jan. 4
Mon. Jan. 11
Tues. Jan 19
Tues. Jan 26
Thurs. Jan. 21
Thurs. Jan. 21
Edmonton
Calgary
Mon. Feb. 1
Mon. Feb. 8
Mon. Feb. 1
Mon. Feb. 8
Wed. Feb. 17
Tues. Feb. 23
Thurs. Feb. 25
Thurs. Feb. 25
Edmonton
Calgary
Mon. Feb. 29
Mon. Mar. 7
Mon. Feb. 29
Mon. Mar. 7
Tues. Mar. 15
Tues. Mar. 22
Thurs. Mar. 17
Thurs. Mar. 17
Edmonton
Calgary
Mon. Apr. 4
Mon. Apr. 11
Mon. Apr. 4
Mon. Apr. 11
Tues. Apr. 19
Tues. Apr. 26
Thurs. Apr. 21
Thurs. Apr. 21
Edmonton
Calgary
Mon. May 2
Mon. May 9
Mon. May 2
Mon. May 9
Tues. May 17
Wed. May 25
Thurs. May 19
Thurs. May 19
Edmonton
Calgary
Mon. June 6
Mon. June 13
Mon. June 6
Mon. June 13
Tues. June 21
Tues. June 21
Thurs. June 23
Thurs. June 23
Edmonton
Calgary
Mon. July 114
Mon. July 114
Edmonton
Calgary
Tues. Sept. 6
Mon. Sept. 12
Tues. Sept. 6
Mon. Sept. 12
Tues. Sept. 20
Tues. Sept. 27
Thurs. Sept. 22
Thurs. Sept. 22
Edmonton
Calgary
Mon. Oct. 3
Tues. Oct. 11
Mon. Oct. 3
Tues. Oct. 11
Tues. Oct. 18
Tues. Oct. 25
Thurs. Oct. 20
Thurs. Oct. 20
Edmonton
Calgary
Mon. Oct. 31
Mon. Nov. 7
Mon. Oct. 31
Mon. Nov. 7
Tues. Nov. 15
Tues. Nov. 22
Thurs. Nov. 17
Thurs. Nov. 17
Edmonton
Calgary
Mon. Nov. 28
Mon. Dec. 5
Mon. Nov. 28
Mon. Dec. 5
Tues. Dec. 13
Tues. Dec. 13
Thurs. Dec. 15
Thurs. Dec. 15
Place of Sitting
_____________________________
1
All sittings open at 10:00 a.m. unless otherwise directed.
2
Time frames will be calculated from the opening day of the sittings.
3
For purposes of calculating time frames, opening day is the Monday prior to the first day of oral argument, whether or not the
Monday of that week is a holiday.
4
Limited to appeals - (1) Against sentence where the appellant is in custody and there is a reasonable possibility that the result of
the appeal is that he or she might be released before the next regular sittings of the Court; (2) From conviction where the
appellant is in custody and has been refused interim release pending appeal; (3) Such other cases which, because of urgency or
special circumstances, are directed to be heard by order of a Judge of Appeal.
6
December, 2016
Rules of Court
Volume 2
Court of Appeal
Notices to the Profession
2016
Court of Appeal of Alberta
Speaking to the list dates for
the Court of Appeal of Alberta
for the year 2016 will be as follows:
Place of Sitting
Calgary
Edmonton
Criminal Speak To List –
10:00 a.m. 1
Wed. Jan. 6
Wed. Jan. 13
Unscheduled Civil Appeals
List – 1:30 p.m. 2
Wed. Jan. 6
Wed. Jan. 13
Calgary
Edmonton
Wed. May 4
Wed. May 11
Wed. May 4
Wed. May 11
Calgary
Edmonton
Wed. Sept. 7
Wed. Sept. 14
Wed. Sept. 7
Wed. Sept. 14
_____________________________
1
2
Unless otherwise directed, the Criminal Speak To List will consist of all Criminal matters (excluding Sentence Appeals) where
the notice of appeal is filed more than twenty (20) days prior to the speak to date.
Unless otherwise ordered, the Unscheduled Civil Appeals List will consist of all Civil matters (excluding Fast Track appeals)
where the appeal has not been scheduled for hearing before a) the earlier of two (2) months after the deadline for the filing of
the last factum in the appeal and nine (9) months after the filing of the Notice of Appeal, or b) any deadline stipulated by the
Case Management Officer or Single Appeal Judge (Rule 14.33(2)).
Notice to the Profession
The Court of Appeal of Alberta
June 15, 2016
Effective September 1, 2016, all applications in criminal appeals that must
be heard by a three-judge panel of the Court will be scheduled and heard along
with sentence appeals, on the days regularly scheduled for sentence appeals.
Applications in civil appeals that must be heard by a three-judge panel will
continue to be heard on the regularly scheduled panel application days.
This is a pilot project, which will be reviewed after six months. Litigants
who have any questions about the procedure may contact the Case Management
Officers in Edmonton ([email protected]) or Calgary ([email protected]).
“Catherine.A. Fraser”
Fraser, C.J.A.
NOTE: A copy of the Consolidated Practice Directions and Practice Notes can
be found on the Alberta Courts’ website at http://albertacourts.ca under “Court of
Appeal” and “Court of Appeal Rules, Practice Directions & Notices.”
7
December, 2016
Rules of Court
Volume 2
Court of Appeal
Notices to the Profession
Certain precedents, checklists and forms can also be found on the Alberta Courts’
website. As these documents are revised from time to time, please refer to the
website for the most recent version.
Notice to the Profession
The Court of Appeal of Alberta
June 29, 2016
1.
The 2017 Court of Appeal Sitting Dates are attached.
[June 2016]
2.
Two years after the date hereof, this Notice will expire.
[June 2016]
“Catherine A. Fraser”
Fraser, C.J.A.
NOTE: A copy of the Consolidated Practice Directions and Practice Notes can
be found on the Alberta Courts’ website at http://albertacourts.ca under “Court of
Appeal” and “Court of Appeal Rules, Practice Directions & Notices.”
Certain precedents, checklists and forms can also be found on the Alberta Courts’
website. As these documents are revised from time to time, please refer to the
website for the most recent version.
8
December, 2016
Rules of Court
Volume 2
Court of Appeal
Notices to the Profession
2017
Court of Appeal of Alberta
Sittings of the Court of Appeal of Alberta
for the year 2017 will be as follows:
General Appeal
Hearings (Week of) 1 & 2
Sentence Appeals First Day of Oral
Argument 1 & 3
Panel Applications 1
Place of Sitting
Edmonton
Calgary
Tues. Jan. 3
Mon. Jan. 9
Tues. Jan. 17
Tues. Jan. 24
Thurs. Jan. 19
Thurs. Jan. 19
Edmonton
Calgary
Mon. Jan. 30
Mon. Feb. 6
Tues. Feb. 14
Wed. Feb. 22
Thurs. Feb. 2
Thurs. Feb. 9
Edmonton
Calgary
Mon. Feb. 27
Mon. Mar. 6
Tues. Mar. 14
Tues. Mar. 21
Thurs. Mar. 16
Thurs. Mar. 16
Edmonton
Calgary
Mon. Apr. 3
Mon. Apr. 10
Wed. Apr. 19
Tues. Apr. 25
Thurs. Apr. 27
Thurs. Apr. 27
Edmonton
Calgary
Mon. May 1
Mon. May 15
Tues. May 16
Wed. May 24
Thurs. May 18
Thurs. May 18
Edmonton
Calgary
Mon. June 5
Mon. June 12
Tues. June 20
Tues. June 20
Thurs. June 22
Thurs. June 22
Edmonton
Calgary
Mon. July 174
Mon. July 174
Edmonton
Calgary
Tues. Sept. 5
Mon. Sept. 11
Tues. Sept. 19
Tues. Sept. 26
Thurs. Sept. 21
Thurs. Sept. 21
Edmonton
Calgary
Mon. Oct. 2
Tues. Oct. 10
Tues. Oct. 17
Tues. Oct. 24
Thurs. Oct. 19
Thurs. Oct. 19
Edmonton
Calgary
Mon. Oct. 30
Mon. Nov. 6
Wed. Nov. 15
Tues. Nov. 21
Thurs. Nov. 23
Thurs. Nov. 23
Edmonton
Calgary
Mon. Nov. 27
Mon. Dec. 4
Tues. Dec. 12
Tues. Dec. 12
Thurs. Dec. 14
Thurs. Dec. 14
_____________________________
1
All sittings open at 10:00 a.m. unless otherwise directed.
2
General Appeal Hearings will consist of all Civil and Criminal Appeals (excluding Sentence Appeals). For the purposes of
calculating time frames, Monday is the opening day of the sittings week, whether or not the Monday of that week is a holiday.
The first day of each sittings week is reserved for Fast Track Appeals.
3
For purposes of calculating time frames, opening day is the Monday prior to the first day of oral argument, whether or not the
Monday of that week is a holiday.
4
Limited to appeals - (1) Against sentence where the appellant is in custody and there is a reasonable possibility that the result of
the appeal is that he or she might be released before the next regular sittings of the Court; (2) From conviction where the
appellant is in custody and has been refused interim release pending appeal; (3) Such other cases which, because of urgency or
special circumstances, are directed to be heard by order of a Judge of Appeal.
9
December, 2016
Rules of Court
Volume 2
Court of Appeal
Notices to the Profession
2017
Court of Appeal of Alberta
Speaking to the list dates for
the Court of Appeal of Alberta
for the year 2017 will be as follows:
Place of Sitting
Calgary
Edmonton
Criminal Speak To List –
10:00 a.m. 1
Wed. Jan. 4
Wed. Jan. 11
Unscheduled Civil Appeals
List – 1:30 p.m. 2
Wed. Jan. 4
Wed. Jan. 11
Calgary
Edmonton
Wed. May 3
Wed. May 10
Wed. May 3
Wed. May 10
Calgary
Edmonton
Wed. Sept. 6
Wed. Sept. 13
Wed. Sept. 6
Wed. Sept. 13
_____________________________
1
2
Unless otherwise directed, the Criminal Speak To List will consist of all Criminal matters (excluding Sentence Appeals) where
the notice of appeal is filed more than twenty (20) days prior to the speak to date.
Unless otherwise ordered, the Unscheduled Civil Appeals List will consist of all Civil matters (excluding Fast Track appeals)
where the appeal has not been scheduled for hearing before a) the earlier of two (2) months after the deadline for the filing of
the last factum in the appeal and nine (9) months after the filing of the Notice of Appeal, or b) any deadline stipulated by the
Case Management Officer or Single Appeal Judge (Rule 14.33(2)).
10
December, 2016
Alberta Rules of Court
Volume 2
Court of Appeal
Practice Directions
Consolidated Practice Directions
Adopted by the Court of Appeal June 2, 2014,
effective September 1, 2014
Table of Contents
A.
General
1. Sample Forms
2. Assigned Panels
3. Unscheduled Civil Appeals List
4. Applications
5. Scheduling Applications
6. Release of Judgments
7. Notices to the Profession
B. Electronic Appeal Records
C. Electronic Appeals (E-Appeals)
D. Guidelines for Judicial Dispute Resolution (JDR)
E. Emergency Directions
F. Criminal Cases
1. Dissents
2. Presence of Prisoners
3. Identity of Counsel
4. Judicial Interim Release
5. Summary and Indictable Appeals Together
6. Leave for Summary Conviction Appeals
7. Costs in Summary Convictions
8. Speaking to the Criminal Appeals List
9. New Criminal Trials
10. Sentence Appeals Following Conviction Appeals
G. Sentence Appeals
1. General Sentence Appeal List
2. Unrepresented Party
3. The Appeal Record
4. Factums
5. Extracts of Key Evidence
6. Book of Authorities
7. Scheduling Sentence Appeals
8. Pre-booking Sentence Appeals
9. Delay in Legal Aid Appointment
10. Attendance of Counsel
11. Right of Appellant to Attend
12. Rescheduling Appeals
13. Restoring Appeals
1
September, 2014
Alberta Rules of Court
Volume 2
Court of Appeal
Practice Directions
14. Application to Increase Sentence by the
Attorney General or Notice to Vary Sentence by the Court
15. Variation of Conditional Sentence
16. Times Referred To
17. Application for Exceptions to the Practice Direction
Form A
Form B
2
September, 2014
Alberta Rules of Court
Volume 2
Court of Appeal
Practice Directions
Consolidated Practice Directions
September 1, 2014
A. General
1.
Sample Forms
Examples of the commonly used appeal forms can be found on the Alberta
Courts website https://albertacourts.ca, under “Court of Appeal”.
2.
Assigned Panels
The names of the panel assigned to hear appeals on the Civil, Conviction or
Sentence Lists will be posted at the Registry counters in each city, and
placed on the Alberta Courts website https://albertacourts.ca, under “Court
of Appeal”, on the Wednesday before the opening of the sittings. Further,
the Registry offices have been instructed not to release this information over
the telephone.
Counsel and litigants are advised, however, that the panel may change,
without notice, at any time before the hearing.
3.
Unscheduled Civil Appeals List
The Unscheduled Civil Appeals List will be called by a Judge in Chambers,
the Case Management Officer, the Registrar, or the Deputy Registrar at a
date to be specified by the Chief Justice. The calling of the List will
commence at 1:30 p.m. in both cities.
The Unscheduled Civil Appeals List will be posted on the Alberta Courts
website at https://albertacourts.ca, under “Court of Appeal”, 10 days before
the list is spoken to. Counsel and litigants are encouraged to check these lists
on a regular basis as they can change frequently up until the day that the list
is spoken to.
4.
Applications
(a) A single appeal judge will sit to hear applications at 9:30 a.m. every
Tuesday, Wednesday, and Thursday (statutory holidays excluded) in
both Edmonton and Calgary. The only exception will be the months of
July and August, at which time one judge will sit to hear applications
for both Edmonton and Calgary from whichever city is specified.
(b) Applications need not be pre-booked with the Registry before sending
documentation for filing. However, it is recommended that the Registry
be contacted before setting down lengthy or complex applications (e.g.,
those with multiple parties, complex applications for permission or
leave to appeal regulatory orders, etc.).
(c) Applications to a single appeal judge may be made on other days or
times only in exceptional cases, by arrangement with the Case
Management Officer.
3
July, 2015
Alberta Rules of Court
Volume 2
5.
Court of Appeal
Practice Directions
Scheduling Applications
(a) The Registry staff will not automatically reject an application set for a
hearing date too early for the required notice to be given. If the filing
party insists on filing the application, for a good reason, the staff may
contact the assigned judge to see if the matter can be heard.
(b) The clerks will not file an application unless the applicant provides, at
the same time the application is being filed, the supporting affidavit (if
applicable), memorandum and any other supporting materials required
for the application. An exception will be on applications for permission
or leave to appeal where the preservation of time is needed.
6.
Release of Judgments
Unless otherwise ordered:
(a) On the business day before a judgment is to be released, the Registrar
will contact the lawyers or parties involved to advise that the judgment
will be released at 9:30 a.m. on the following morning. Notice of the
judgments to be released the following business day will also be posted
on the Alberta Courts’ website at https://albertacourts.ca/ by 4:00 p.m.
(b) On the day of release, the judgment will be:
(i) provided to the lawyers or parties between 9:30 a.m. and 10:00
a.m.,
(ii) sent to the Canadian Legal Information Institute (CanLII) at 10:00
a.m. for subsequent publishing on its website at
http://www.canlii.org/, and
(iii) available to the public at the offices of the Court at 10:05 a.m.
(Any concerns with on-line judgments should be raised directly with
CanLII.)
(c) Users can subscribe to a free email service that will notify users when
Court of Appeal notices and bulletins, or notice of judgments to be
filed, have been posted to the Court’s website. For details, see the
website https://albertacourts.ca/ under “Court of Appeal” and “Manage
My Subscriptions”.
[May 1, 2015]
7.
Notices to the Profession
Notices to the Profession are issued periodically and posted on the Alberta
Courts website at https://albertacourts.ca. Users can subscribe to a free
service that will distribute all notices and bulletins from the Court. For
details see the website https://albertacourts.ca under “Court of Appeal”, and
“Manage My Subscriptions”.
B. Electronic Appeal Records
1.
The acceptable format for the filing of the electronic copy of Part 3 of the
appeal record under R. 14.21(2) is Adobe Acrobat.
4
July, 2015
Alberta Rules of Court
Volume 2
2.
Court of Appeal
Practice Directions
The electronic copy shall be named in accordance with the following
Universal Transcript Format naming conventions:
E - Edmonton
C - Calgary
R - Regional
V - Civil
C - Criminal
F - Family
Y - Youth
O - Other
P - Provincial
Q - Queen’s
Bench
Last two digits Person’s full last
of year produced name followed by
“14”
first initial of first
name
(i) The first character shall coincide with the first letter of the location
where the transcript is being produced: ‘E’ for Edmonton, ‘C’ for
Calgary (includes Airdrie, Banff, Canmore, Cochrane, Didsbury, and
Okotoks), and ‘R’ for Regional (includes all other locations);
(ii) The second character shall coincide with the type of proceeding: ‘V’
for Civil, ‘C’ for Criminal, ‘F’ for Family, ‘Y’ for Youth, and ‘O’ for
Other;
(iii) The third character shall coincide with the name of the trial court: ‘P’
for Provincial Court of Alberta, and ‘Q’ for Court of Queen’s Bench;
(iv) The next two characters shall be the last two digits of the year the
transcript is produced: ‘14’ for 2014;
(v) The next characters shall coincide with the full last name of the first
plaintiff/accused;
(vi) The last character shall coincide with the first initial of the first name
of the first plaintiff/accused:
For example: For an Edmonton, Criminal, Queen’s Bench, 2014 file,
where the accused’s name is John Doe, the UTF electronic file name
would be: ECQ14DOEJ.pdf
(vii) If the electronic file already exists, the naming convention would be
altered to include the full last name followed by the first four letters of
the first name:
For example: ECQ14DOEJOHN.pdf
(viii) If the electronic file already exists, the naming convention would be
altered to include a sequential number:
For example: ECQ14DOEJOHN1.pdf
(ix) In cases where a style of cause contains a party name that is so
common that confusion could result (such as the City of Edmonton),
the least common name in the style of cause should be used.
(x) In cases where a style of cause contains two company names, use the
least common name in the style of cause.
C. Electronic Appeals (E-Appeals)
1.
Recognizing the efficiency of electronic appeals, the Court of Appeal of
Alberta will, by consent of both parties or by Order of the Court, allow facta
and supporting materials for any appeal to be filed in an electronic format.
5
July, 2015
Alberta Rules of Court
Volume 2
Court of Appeal
Practice Directions
2.
Electronic versions of facta should be hyperlinked to authorities and to the
appeal record and the Extracts of Key Evidence (if applicable).
3.
Counsel/parties will be required to prepare and file electronic copies of the
factum and book of authorities and Extracts of Key Evidence (if applicable)
with the Registry for review and approval prior to filing hard copies. Once
approved, counsel must print and file the required number of hard copies of
the facta and Extracts of Key Evidence, but must file only one copy of the
book of authorities.
D. Guidelines for Judicial Dispute Resolution (JDR)
1.
The purpose of judicial dispute resolution (JDR) is to reach a settlement on
all issues, or to resolve as many issues as possible, with the assistance of a
Justice of the Court of Appeal. See R. 14.60.
2.
JDR may be requested at any time throughout the appeal by contacting the
Case Management Officer.
3.
Upon agreement by all parties to engage in JDR, the Case Management
Officer will coordinate a mutually agreeable date with all counsel, parties
and the JDR judge.
4.
A letter will be forwarded by the Case Management Officer to counsel,
confirming the date and setting out the minimum filing requirements. In
addition, at the request of the JDR Judge, a pre-meeting may be arranged
with counsel to discuss and agree upon any further materials and procedures
required for JDR to proceed.
5.
Once a date has been scheduled for JDR, time limits on the appeal will not
apply until after the JDR meeting. See R. 14.61. If JDR is not successful, the
JDR Judge (or the Case Management Officer) will set time lines for filing
the remaining materials on the appeal.
6.
All parties must agree to JDR and be represented by counsel, unless
otherwise permitted.
7.
To promote success, parties with authority to make settlement decisions
must be present and participate in the JDR process.
8.
The materials submitted for the JDR meeting will not be filed by the
Registry. Instead, the Registry will stamp them “Received” and forward
them directly to the JDR Judge.
9.
JDR meetings are conducted informally in a conference room setting.
Gowning is not required.
10. The process is confidential. All documents prepared for JDR and statements
made by counsel, or by the parties, during JDR are confidential and without
prejudice, and cannot be used for any purpose or in any proceeding other
6
July, 2015
Alberta Rules of Court
Volume 2
Court of Appeal
Practice Directions
than JDR. See R. 4.20. All documents submitted to the judge for JDR will be
destroyed following the JDR meeting. See. R. 4.21(2).
11. Unless the parties consent, the JDR Judge will not hear any applications on
the appeal, or sit on the appeal of the matter. See R. 4.21(1). The JDR Judge
will not discuss the JDR process with the appeal panel, should the matter
proceed to appeal.
12. If JDR is successful the Appellant must file a Discontinuance, or a Consent
Judgment (if appropriate), within 30 days or such time as the JDR Judge
directs, failing which the appeal will be deemed abandoned three months
after the completion of the JDR.
13. As in any judicial process, the JDR Judge is non-compellable as a witness in
any proceedings. See R. 4.21(3).
E. Emergency Directions
1.
These directions affecting the management of matters before the Court and
the business of the Court shall be called the “Emergency Directions”. For the
purposes of the Emergency Directions, the following definitions apply:
(a) “Acting Chief Justice” means the holder of that office by appointment
or by designation of the Chief Justice, or, in the absence of such
person, the senior justice of the Court as may be then available.
(b) “Chief Justice” means the Chief Justice of Alberta and includes the
Acting Chief Justice where necessary to give effect to the Emergency
Directions.
(c) “Court” means the Court of Appeal.
(d) “designate of the Chief Justice” means any judge of the Court, or the
Registrar, Deputy Registrar, or case management officer as designated
by the Chief Justice.
(e) “electronic hearing” means the hearing of any matter before the Court
conducted, in whole or part, by electronic means in which all
participants in the hearing, and the Court, can hear each other, whether
or not all or some of the participants and the Court can see each other
or are in each other’s presence.
(f) “emergency” means any situation that the Chief Justice or designate of
the Chief Justice believes exists or may exist that affects the
management of matters before the Court or the business of the Court to
such a degree that it is found necessary by the Chief Justice or
designate of the Chief Justice to put these Emergency Directions into
effect. This includes any emergency declared by an official authority.
(g) “official authority” means a person having power pursuant to
applicable legislation of the Parliament of Canada or the Legislature of
Alberta to declare an emergency, or to make authoritative directions in
an emergency which may affect the management of matters before the
Court or the business of the Court.
7
July, 2015
Alberta Rules of Court
Volume 2
Court of Appeal
Practice Directions
(h) “officer of the Court” includes any judge, Registrar, Deputy Registrar,
case management officer and any other officer and employee of the
Court.
2. (a) The Emergency Directions shall come into effect when the Chief
Justice or the designate of the Chief Justice so declares.
(b) As soon as practicable after making Emergency Directions, the Chief
Justice or the designate of the Chief Justice shall cause the details of
the Emergency Directions to be published by any means of
communication that the Chief Justice or the designate of the Chief
Justice considers appropriate in the circumstances.
(c) Failure to publish either the Emergency Directions or any details of the
Emergency Directions under s. 2(b) shall not affect any declaration
made under s. 2(a) nor limit the discretion of the Chief Justice or the
designate of the Chief Justice under s. 3.
3. (a) The extent to which the Emergency Directions come into effect or
apply is within the discretion of the Chief Justice or the designate of
the Chief Justice as the case may be.
(b) The designate of the Chief Justice may exercise any discretion under
the Emergency Directions in the absence of the Chief Justice if
necessary.
4. (a) If the Emergency Directions are in effect or apply to any extent, the
Chief Justice or designate of the Chief Justice may in his or her
discretion at any time cancel, suspend or alter the functioning or
operation of the Court in any manner, including the following:
(i) the Court’s Registries and any other offices of the Court in any
locations may be closed or have reduced hours of operation for
any period or periods of time,
(ii) the sittings of the Court in any location may be canceled or
suspended and any matters listed for hearing may by direction be
adjourned either sine die or to a later specific date,
(iii) the Court may sit in panels of two judges where permitted under
law,
(iv) the running of any procedural time limitations applicable to
appeals or motions before the Court may be suspended for any
period or periods of time,
(v) any control, management or maintenance of records by the Court,
and any filing of documents with the Court, may be suspended or
be set to occur at a location other than the ordinary offices of the
Court, and
(vi) any other business, procedures or communications with the Court
may be conducted by alternative means or in alternative locations.
8
July, 2015
Alberta Rules of Court
Volume 2
Court of Appeal
Practice Directions
(b) The examples of discretion set out in s. 4(a)(i) to 4(a)(v) are for clarity
and not to restrict the generality of the discretion that may be exercised.
[May 1, 2015]
5.
If the Emergency Directions are in effect or apply to any extent, the Chief
Justice or designate of the Chief Justice may at any time arrange for an
electronic hearing or a hearing at any alternative place or by alternative
means that the Chief Justice or designate of the Chief Justice considers in his
or her discretion to be appropriate.
6. (a) Despite any declaration or announcement of an official authority that
rescinds or amends any declaration made as defined in s. 2(b), the
Emergency Directions shall remain in effect unless otherwise declared
by the Chief Justice or the designate of the Chief Justice.
(b) Any application or effect of the Emergency Directions may be
terminated by declaration of the Chief Justice or the designation of the
Chief Justice at such time and on such terms and conditions as the
Chief Justice or designate of the Chief Justice may in his or her
discretion specify.
F. Criminal Cases
1.
Dissents
Where a judge of the court of appeal expresses an opinion dissenting from
the judgment of the court, the judgment of the court shall specify any
grounds in law on which the dissent, in whole or in part, is based: Criminal
Code, s. 677.
2.
Presence of Prisoners
The cost of bringing prisoners before the Court for the hearing of conviction
appeals has become substantial. Therefore the practice of the Court is as
follows:
(a) The provision of s. 688 C.C.C. will be strictly adhered to. This
provides:
(1) Subject to subsection (2), an appellant who is in custody is entitled
to be present at the hearing of the appeal.
(2) An appellant who is in custody and who is represented by counsel
is not entitled to be present
(a) at the hearing of the appeal, where the appeal is on a ground
involving a question of law alone,
(b) on an application for leave to appeal, or
(c) on any proceedings that are preliminary or incidental to an
appeal,
unless rules of court provide an entitlement to be present, or the
court of appeal or a judge thereof gives leave to be present.
9
July, 2015
Alberta Rules of Court
Volume 2
Court of Appeal
Practice Directions
(3) In the case of an appellant who is in custody and who is entitled to
be present at any proceedings on an appeal, the court may order
that, instead of the appellant personally appearing,
(a) at an application for leave to appeal or at any proceedings
that are preliminary or incidental to an appeal, the appellant
appear by means of any suitable telecommunication device,
including telephone, that is satisfactory to the court; and
(b) at the hearing of the appeal, if the appellant has counsel, the
appellant appear by means of closed-circuit television or any
other means that permits the court and all parties to engage in
simultaneous visual and oral communication.
(4) The appellant’s case on appeal and argument may be presented in
writing instead of orally, and the court of appeal shall consider
any case or argument so presented.
(5) A court of appeal may exercise its power to impose sentence
notwithstanding that the appellant is not present.
(b) Where a conviction appeal has been put on the hearing list in a case
where the prisoner has asked to be present, the prisoner will be brought
before the Court. If, in such circumstances, counsel then asks for an
adjournment which could have been asked for in advance, that counsel
may be ordered, if the adjournment is granted, personally to pay the
costs of transportation of the prisoner to the Court.
3.
Identity of Counsel
(a) The Court is of the opinion that counsel, as officers of the Court, have a
duty to advise the Registrar of their being retained and of any changes
in circumstances that will affect the hearing of the appeal or the
bringing in of prisoners when these circumstances first come to
counsel’s attention.
(b) The Court of Appeal is concerned about the fact that counsel who are
retained for an appeal do not so advise the Registrar promptly. Three
examples of problems which arise because the Registrar is not aware
that a serving prisoner is represented are these:
(i) There may be a Crown appeal. The lawyer and his client have
arranged that the lawyer would appear and that the client would
not. The Court is not aware that a lawyer is acting and issues an
order directing the prisoner be produced. The prisoner says he has
arranged with his lawyer that he will not be present. The result is
several calls between the institutions, the sheriffs and the
Registrar, and subsequent calls from the Registrar and the lawyer
and back to the institution. If the lawyer had simply advised in the
first place that he was acting and that his client did not want to be
present, no order would have been applied for to have him before
the Court.
10
July, 2015
Alberta Rules of Court
Volume 2
Court of Appeal
Practice Directions
(ii) A second example is of a notice of appeal being filed by a lawyer
which notice states that the prisoner wishes to be present.
Subsequently the lawyer and the prisoner arrange that the prisoner
will not be present, but no one in the Registrar’s office is notified,
nor is any documentation filed. The result is that an order issues to
bring in the prisoner and the prisoner is objecting violently to
being brought in. Again, needless problems are created because of
the lawyer not advising the Registrar’s office of the change in
position.
(iii) The third is the case where a client instructs his lawyer to abandon
the appeal. The Registrar is not advised nor is an abandonment
filed. Counsel simply arrives in Court and says the appeal is
abandoned. In the meantime, the prisoner may have been brought
in at public expense.
4.
Judicial Interim Release
(a) The Court of Appeal will not grant an Order for Judicial Interim
Release unless:
(i) the appeal records have been filed;
(ii) an order for the appeal records has been placed; or
(iii) counsel undertakes to place an order for the appeal records
forthwith.
(b) Refer to Form A for the standards required when preparing an Order
for Judicial Interim Release. Where a choice is given between two or
more paragraphs, sentences or phrases, those which do not apply
should be deleted. All other paragraphs are considered mandatory and
should be included in the order.
(c) Where the court imposes conditions in the undertaking or recognizance
in paragraph 1 of the order, such conditions should be those described
in s. 515(4) of the Criminal Code of Canada, and specifically:
(i) In respect to the condition described in s. 515(4)(a), such
condition should read as follows:
IN CALGARY or
EDMONTON:
Report in person each week commencing (start
time and date of first occasion on which the
Appellant is required to report) to
____________________________ (state name
and address where the Appellant is required to
report); and thereafter report in person weekly
or on such day and at such time as may be
determined by the (name or designate).
IN AREAS OUTSIDE CALGARY AND EDMONTON where there
are no Municipal Police, i.e. outside Lethbridge, Medicine Hat,
Camrose, Barrhead, Hinton etc.:
11
July, 2015
Alberta Rules of Court
Volume 2
Court of Appeal
Practice Directions
Report in person once each week commencing
(state time and date of first occasion on which
the Appellant is required to report) to NCO/in
Charge (Inspector, where applicable) RCMP
Detachment at ___________________; and
thereafter report in person weekly on such day
and at such time as may be determined by the
(Inspector, where applicable).
IN AREAS OUTSIDE CALGARY AND EDMONTON, where there
are Municipal Police, such condition should read as follows:
Report in person once each week commencing
(state time and date of first occasion on which
the Appellant is required to report) to (name of
appropriate police officer) or designate,
(address of police station); and thereafter report
in person weekly on such day and at such time
as may be determined by the (Police Officer).
(ii) In respect to the condition described in s. 515(4)(b), such
condition should read as follows:
Remain within (describe territorial jurisdiction, e.g. City, Town,
Province).
(iii) In respect to the condition described in s. 515(4)(c), such
condition should read as follows:
Notify (person designated pursuant to condition described in s.
515(4)(a)) of any change in his/her address or employment or
occupation.
(iv) In respect to the condition described in s. 515(4)(d), such
condition should read as follows:
Abstain from communicating, directly or indirectly, with (name of
witness, complainant or any other person(s)) except in accordance
with the following conditions:
(v) In respect to the condition described in s. 515(4)(e), such
condition should read as follows:
Deposit his/her passport with a Judge of the Provincial Court of
Alberta or Justice of the Peace to whom his/her undertaking will
be given or before whom such recognizance will be entered into.
5.
Summary and Indictable Appeals Together
If convictions are entered, or sentences are imposed simultaneously by a trial
judge in connection with both a summary conviction matter and an
indictable matter, both matters may be appealed together to the Court of
Appeal: Criminal Code, s. 675(1.1). Any need to seek leave to appeal from
the Court remains in effect.
12
July, 2015
Alberta Rules of Court
Volume 2
6.
Court of Appeal
Practice Directions
Leave for Summary Conviction Appeals
(a) One cannot appeal further to the Court of Appeal from the Court of
Queen’s Bench in a summary conviction matter except with leave on a
question of law alone: Criminal Code s. 839. Such leave must be
sought beforehand from a single appeal judge in chambers in
accordance with R. 14.40 and R. 14.44.
(b) The applicant’s memorandum must contain the information set out in
Rule 14.54 and must also:
(i) specify the precise question or questions of law alone,
(ii) contain material to show that the question may govern the case in
question, and
(iii) contain the reasons of the Provincial Court judge and the judge of
the Court of Queen’s Bench.
(c) No such appeal will be put on the hearing list before leave to appeal is
granted.
(d) There can be no:
(i) restoration of an operator’s permit (stay of license suspension), or
(ii) judicial interim release,
before leave to appeal is granted.
(e) This procedure will also apply to applications for a certificate of
importance in prosecutions under Alberta statutes.
(f) Case law bars any appeal or prerogative relief from a denial of leave to
appeal.
7.
Costs in Summary Convictions
The Court of Appeal wishes to give Notice to members of the Bar that
consideration will be given to awarding costs for or against the Crown, in
summary conviction appeals which, in the opinion of the Court, are without
merit.
8.
Speaking to the Criminal Appeals List
(a) The Criminal Speak to List will be called by a Judge in Chambers, the
Case Management Officer, the Registrar, or the Deputy Registrar at
10:00 a.m. on a date to be specified by the Chief Justice.
(b) If the notice of appeal is filed 20 days or more before the speak to date,
the appeal will be placed on the current Criminal Speak to List. If the
notice of appeal is filed fewer than 20 days before the speak to date, the
appeal will go over to the next Criminal Speak to List.
(c) The Criminal Speak To List will be posted to the Alberta Courts
website at https://albertacourts.ca, under “Court of Appeal”, 10 days
before the list is spoken to. Counsel and litigants are encouraged to
13
July, 2015
Alberta Rules of Court
Volume 2
Court of Appeal
Practice Directions
check these lists on a regular basis as they can change frequently up
until the day that the list is spoken to.
(d) The party, or counsel for the party appearing on their behalf, shall
appear at the time and place specified and are expected to be fully
instructed in the progress of the appeal they are speaking to.
(e) The Registrar is permitted to assign advance hearing dates for appeals
to be heard. Where a fixed hearing date has been assigned, counsel are
excused from attending the calling of the Criminal Speak to List.
Counsel are advised, however, that exceptional circumstances will have
to be demonstrated before the Court will entertain applications for any
adjournment of these cases.
(f) If counsel do not appear when a case is called on the Criminal Speak to
List, the case may be struck, and if struck may not be restored except
by the order of the Court or a judge.
(g) At any time, before or after 6 months from the date when a notice of
appeal was filed, the court may on the application of any party or on its
own motion, dismiss an appeal for want of prosecution.
9.
New Criminal Trials
(a) Where in a criminal appeal the Court renders judgment ordering a new
trial, the presiding judge shall be deemed to have directed, pursuant to
section 679(7.1) of the Criminal Code, that the Appellant is remanded
to appear at the next sitting of the Court appealed from that has
jurisdiction in the case.
(b) Paragraph (a) shall not apply to appeals by the Attorney General, nor to
cases where the Appellant is detained in custody for other matters.
(c) Unless otherwise directed, where an Appellant is on judicial interim
release at the time of the judgment, that order for judicial interim
release will be deemed to have been continued until the Appellant reappears before the Court appealed from.
10. Sentence Appeals Following Conviction Appeals
After the Court has disposed of an appeal on conviction where there is also a
sentence appeal, the Court will adjourn the hearing of the sentence appeal to
the next regular sittings of the sentence appeal panel, unless counsel have a
valid reason for having it heard immediately following the termination of the
conviction appeal (or at some time later than the next sentence appeal
hearings).
G. Sentence Appeals
1.
General Sentence Appeal List
(a) The general provisions of the Consolidated Practice Directions apply to
sentence appeals where not inconsistent with Part G.
(b) Once:
14
July, 2015
Alberta Rules of Court
Volume 2
Court of Appeal
Practice Directions
(i) a notice of appeal of sentence only is filed, or
(ii) any appeal from conviction is dealt with, and an appeal from
sentence remains outstanding,
the appeal is placed on the General Sentence Appeal List. The Court of
Appeal hears sentence appeals monthly in Edmonton and Calgary,
except July and August.
2.
Unrepresented Party
(a) If a party to a sentence appeal is not represented by counsel, the
Registrar will advise the party by letter that the appeal will be placed
on the General Sentence Appeal List. A copy of Parts F.2 and F.10 and
this Part G and Forms B and AP-5 will also be forwarded to the party.
(b) Refer to subpart G.11 (Right of Appellant to Attend), Parts F.2 and
F.10, this Part G and Forms B and AP-5, if applicable.
3.
The Appeal Record
Ordering the Appeal Record
(a) Rule 14.15 applies to sentence appeals.
Filing the Appeal Record
(b) Rule 14.16(1) and (2) apply to sentence appeals
(c) The Appeal Record and Transcripts in a sentence appeal must be
prepared promptly and filed and served forthwith after they are
prepared, and subject to (d) below, be filed by the appellant no later
than
(i) in the case of a sentence only appeal, 4 months from the date on
which the notice of appeal was filed, or
(ii) in the case of a conviction and sentence appeal, 3 months from the
date on which the conviction appeal was dismissed or abandoned,
or the appeal will be struck by the Registrar.
(d) On sentence appeals of six months or less, the Appeal Record and
Transcripts must be filed no later than six weeks from the date the
notice of appeal was filed.
(e) A warrant will issue if an appeal is struck and the party is on judicial
interim release.
Contents of the Appeal Record
(f) Rule 14.18 applies to sentence appeals except that:
(i) Part 1, Pleadings, must include:
(1) the information or indictment;
(2) any amendments made at trial; and
15
July, 2015
Alberta Rules of Court
Volume 2
Court of Appeal
Practice Directions
(3) any other documents by which proceedings are commenced
or by which the issues in the action are defined;
(ii) Part 2, Final Documents, must include:
(1) the formal certificate of conviction, certificate of acquittal,
order or disposition, report of criminal trial, formal judgment
or order appealed from;
(2) if by way of:
a) guilty plea – the reasons for judgment on sentence;
b) finding of guilt – the reasons for judgment on conviction
or sentence; or
c) jury trial – reasons for judgment on sentence;
(3) the Notice of Appeal;
(4) all final documents, such as pre-sentence or post-sentence
reports including probation orders, weapons’ prohibition,
orders granting leave to appeal, undertakings/recognizance
and other like material; and
(5) restricted access order; and
(iii) Part 3, Transcripts, which must consist of:
(1) Preamble/Appearances;
(2) Particulars;
(3) Speaking to sentence, and if by way of:
a) guilty plea – starting with arraignment;
b) finding of guilt – starting with judgment; or
c) jury trial – starting with finding of guilt;
(4) Sentence; and
(5) Certificate of Transcript in accordance with Rule 13.46.
Format of Appeal Record
(g) Rule 14.21 and Rule 14.87 apply to sentence appeals except that if the
contents of Parts 1-3 do not exceed 200 pages in length, all parts must
be in one volume, with red covers, and a comprehensive index.
4.
Factums
Filing Factums
(a) The appellant in a sentence appeal must file 5 copies of an appellant
sentence factum that meets the requirements of 4(e)-(g) below, no later
than:
(i) in the case of a sentence only appeal, 4 months from the date on
which the notice of appeal was filed, or
16
July, 2015
Alberta Rules of Court
Volume 2
Court of Appeal
Practice Directions
(ii) in the case of a conviction and sentence appeal, 3 months from the
date on which the conviction appeal was dismissed or abandoned,
or the appeal will be struck by the Registrar.
A warrant will issue if an appeal is struck and the appellant is on
judicial interim release.
(b) Where the appellant’s sentence factum, Book of Authorities and any
Extracts of Key Evidence are filed and served at least 20 days prior to
the opening day of the sittings, the matter will be moved to the Fixed
Hearing List.
(c) The respondent in a sentence appeal must file 5 copies of a respondent
sentence factum that meets the requirements of 4(e)-(g) below, or a
letter of intention not to file a factum, before the earlier of
(i) one month after service of the appellant’s factum, and
(ii) 10 days prior to the opening day of the sittings at which the appeal
is scheduled to be heard.
If a respondent fails to file a factum, the appeal may proceed in the
absence of that factum.
(d) The number of copies under this part does not include copies for
counsel, parties or service.
Contents of Factums
(e) Rule 14.25 applies to sentence appeals, except that immediately
following the Table of Contents, a sentence appeal questionnaire in
Form B must be included in:
(i) the appellant’s sentence factum, or
(ii) where the appellant is unrepresented, the respondent’s sentence
factum.
Format of Factums
(f) Rule 14.26 and Rule 14.87 apply to sentence appeals.
(g) Parts 1 to 5 of a sentence factum must not exceed 30 pages in length.
5.
Extracts of Key Evidence
Filing Extracts of Key Evidence
(a) Rules 14.27 and 14.28 apply to sentence appeals.
(b) Extracts of Key Evidence in a sentence appeal may also contain any
document, including the criminal record and like material, submitted or
entered as an exhibit during the sentence proceedings.
Format of Extracts of Key Evidence
(c) Rule 14.29 and Rule 14.87 apply to sentence appeals.
17
July, 2015
Alberta Rules of Court
Volume 2
6.
Court of Appeal
Practice Directions
Book of Authorities
Filing Books of Authorities
(a) Rule 14.30 applies to sentence appeals.
Format of Books of Authorities
(b) Rule 14.31 and Rule 14.87 apply to sentence appeals.
7.
Scheduling Sentence Appeals
(a) The Court of Appeal schedules sentence appeal sittings every month
except the months of July and August. The Court schedules one special
summer sitting during these two months at which time urgent appeals
are heard. Permission of the Court is required to place a matter on the
summer list, unless the matter is a sentence appeal in which the
sentence is 6 months or less.
(b) Subject to (c) below, 20 days before the opening day of any sitting, the
following matters will be moved to the Fixed Hearing List and will be
scheduled to be heard during the next sentence sittings:
(i) every appeal where:
(1) the sentence appeal record, appellant’s sentence factum and
any extracts of key evidence have been filed; or
(2) there is an order of the Court directing that the appeal be
moved to the Fixed Hearing List; and
(ii) every appeal, other than those filed by the Crown, where:
(1) the appellant is not represented by counsel and
a) the sentence appeal record has been filed, or
b) the appellant is in custody and the appeal record has not
been ordered; or
(2) the sentence is six months or less, the appellant is in custody
and judicial interim release has not been granted.
(c) Despite (b) above, the following appeals will not be moved to the
Fixed Hearing List:
(i) every appeal:
(1) where the notice of appeal was filed fewer than 20 days
before the opening day of a sitting;
(2) that has been adjourned either by written consent or by order
of the Court; or
(3) where the appellant is not represented by counsel and is
waiting to find out whether Legal Aid will appoint counsel;
and
(ii) unless 7(b)(ii)(2) applies, every appeal where:
18
July, 2015
Alberta Rules of Court
Volume 2
Court of Appeal
Practice Directions
(1) a sentence appeal record has not been filed; or
(2) the appellant is represented by counsel but the sentence
appeal record, appellant’s sentence factum and any extracts
of key evidence have not been filed.
(d) Ten days before the opening day of the sittings, the Fixed Hearing List
will be posted at the Registry counter and on the Alberta Courts
website at https://albertacourts.ca under Court of Appeal > Sittings,
Hearing Lists & Locations.
(e) Whether or not oral argument is to commence, or commences, on a
Tuesday or Wednesday, the Monday of that week shall be considered
to be the opening day of the sittings for the purposes of calculating
times, whether or not the Monday of that week is a holiday.
8.
Pre-booking Sentence Appeals
(a) On any case where the appellant’s sentence factum and any extracts of
key evidence have been filed, the appeal can be pre-booked, where
possible, to be heard within the first 2 days of the sittings. Pre-booking
an appeal to be heard within a scheduled one-half day can be requested
by letter setting out both counsel’s consent, 20 days before the opening
day of the sittings. All pre-booked matters will be heard within the
scheduled one-half day, barring unforeseen circumstances.
(b) If a case is not heard within the half-day to which it was assigned, it
will be heard at a time directed by the Court.
9.
Delay in Legal Aid Appointment
Where a party has applied for legal aid coverage and there has been a delay
in determining whether coverage will be granted, counsel or the party may
apply to have the filing deadlines extended by filing a letter with the
Registrar. This application will be forwarded to a judge or the Case
Management Officer for determination. The letter must indicate:
(a) the appeal number and the name of the party;
(b) the date legal aid was applied for;
(c) whether legal aid coverage has been
(i) allowed, and if so the name of the lawyer appointed and the date
of appointment; or
(ii) denied, and if appealed, the level of appeal the party is currently
at;
(d) any further reasons for the delay; and
(e) when a decision is expected, if known.
10. Attendance of Counsel
(a) Where an appeal is scheduled to proceed on the Fixed Hearing List,
counsel must appear before the Court on the first day of oral argument
19
July, 2015
Alberta Rules of Court
Volume 2
Court of Appeal
Practice Directions
in the sittings (unless the hearing has been pre-booked, in which case
counsel must appear at the pre-booked time) and be prepared to argue
the appeal when the matter is called.
(b) If an appeal is not scheduled to proceed on the Fixed Hearing List,
counsel or the party need not attend before the Court.
11. Right of Appellant to Attend
Section 688 of the Criminal Code is quoted in Part F.4 above.
Counsel or a party who is in custody may request that the party not be
brought in by forwarding a letter to the Registrar at least 10 days before the
opening day of the sittings.
12. Rescheduling Appeals
Despite 7(b), the parties may, no less than 20 days before the opening of the
sittings, consent to an adjournment of the sentence appeal hearing to no later
than the next sitting of the Court, provided that the appeal has not previously
been adjourned more than once.
13. Restoring Appeals
(a) An appeal that has been struck by operation of this practice direction
may be restored
(i) with the filed written consent of the parties, or
(ii) by order of a single appeal judge on application.
(b) An order or written consent restoring an appeal must set deadlines and
directions for the filing of outstanding materials, and if the appellant
fails to comply with any of those deadlines or directions, the appeal is
deemed to have been struck again.
(c) If no application to restore an appeal has been filed, served and made
returnable within 3 months of the date the appeal was struck or deemed
to have been struck, the appeal is deemed to have been abandoned.
14. Application to Increase Sentence by the Attorney General or Notice to
Vary Sentence by the Court
Rule 853 reads as follows:
1. In an appeal against sentence by a convicted person, the AttorneyGeneral, if he intends upon the hearing of the appeal to contend that
the sentence should be increased or varied, shall, not less than three
(3) days before the commencement of the sittings of the Court at which
the appeal comes to be heard, give notice of such intention in writing to
the appellant or his counsel.
2. In any appeal against sentence by either a convicted person or the
Attorney-General, the Court of its own motion may treat the whole
matter of sentence as open, and on appeal by a convicted person, may
20
July, 2015
Alberta Rules of Court
Volume 2
Court of Appeal
Practice Directions
increase or vary the sentence, and on appeal by the Attorney-General,
decrease or vary the sentence, provided that notice that such increase
or variation is to be considered, is given by the Court so that the
convicted person or the Attorney-General may be heard on such
disposition.
15. Variation of Conditional Sentence
Where the Court of Appeal has granted (or varied) a conditional sentence,
and the Crown or the accused later wishes to seek a variation (or further
variation) of the conditional sentence, that party should apply in the first
instance to the trial court which imposed the original sentence.
16. Times Referred To
Any reference to number of days refers to actual calendar days, weekends
and holidays included. Any time limit which expires on a weekend or
holiday is automatically extended to the next business day.
17. Application for Exceptions to the Practice Direction
Applications for exceptions to this practice direction may be made to a case
management officer in accordance with Rule 14.39.
COURT OF APPEAL OF ALBERTA
Form A
[CPDs]
Registrar’s stamp:
COURT OF APPEAL FILE NUMBER
TRIAL COURT FILE NUMBER:
REGISTRY OFFICE:
RESPONDENT:
HER MAJESTY THE QUEEN
APPELLANT:
(APPELLANT’S NAME IN FULL AS
IT APPEARS ON INFORMATION OR
INDICTMENT)
DOCUMENT:
ORDER FOR JUDICIAL INTERIM
RELEASE
21
July, 2015
Alberta Rules of Court
Volume 2
Court of Appeal
Practice Directions
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
PARTY FILING THIS DOCUMENT:
DATE ON WHICH ORDER WAS
PRONOUNCED:
LOCATION OF HEARING:
, Alberta
NAME OF JUDGE WHO GRANTED
THIS ORDER:
(Mr./Madam Justice First initial(s),
Surname)
UPON THE APPLICATION of the Appellant; AND
UPON HAVING READ the Affidavit and Undertaking
of the Appellant; AND UPON HEARING Counsel for
the Appellant and Counsel for the Respondent;
On appeal from
conviction only, use
this paragraph
AND IT APPEARING THAT the Appellant has given
Notice of Appeal of his/her conviction by (name of
Judge/Justice), in (level of court) of Alberta, at
(location), on the (date) day of (month), 20(year), on the
following charge(s), NAMELY:
(Set out, in full, the wording of each charge of which the
appellant was convicted and is appealing as it appears
in the information or indictment)
On appeal from
sentence only,use
this paragraph
AND IT APPEARING THAT the Appellant has been
granted Leave to Appeal against the sentence(s) of
(Set out, in full, the exact sentence(s) imposed)
imposed by (name of Judge/Justice), in the (level of
court) of Alberta, at (location), on the (date) day of
(month), 20(year), upon his/her conviction on the
following charge(s), NAMELY:
(Set out, in full, the wording of each charge of which the
appellant was convicted and is appealing as it appears
in the information or indictment)
22
July, 2015
Alberta Rules of Court
Volume 2
On appeal from
conviction and
sentence, use this
paragraph
Court of Appeal
Practice Directions
AND IT APPEARING THAT the Appellant has given
Notice of Appeal of his/her conviction by (name of
Judge/Justice), in the (level of court) of Alberta, at
(location), on the (date) day of (month), 20(year), on the
following charge(s), NAMELY:
(Set out, in full, the wording of each charge of which the
appellant was convicted and is appealing as it appears
in the information or indictment)
and that the Appellant has been granted Leave to Appeal
against the sentence(s) of
(Set out, in full, the exact sentence(s) imposed)
imposed following the conviction(s) aforesaid;
If the appeal record
has not been
ordered, use the
appropriate one of
the following two
paragraphs
Use the most
appropriate one of
the following two
paragraphs
AND IT APPEARING THAT the Appellant has placed
an order for the appeal record;
AND IT APPEARING THAT counsel for the Appellant
has undertaken to order the appeal record forthwith;
1. IT IS ORDERED THAT the Application be allowed
and the Appellant be released upon his/her:
(a) Entering into an Undertaking, with the following
conditions, namely:
(i) keep the peace and be of good behavior;
(ii) report to Court in person as and when
required by the Court, a Justice of the Court,
the Registrar, the Deputy Registrar or the
Case Management Officer;
(iii) remain within
;
(iv) pursue the appeal with due diligence, and in
particular comply with any directions as
may be set out in this Order, or as made by
the Court, a Justice of the Court, the
Registrar, the Deputy Registrar or the Case
Management Officer, respecting the appeal;
(v)
(include any other conditions that the Court
orders. Refer to Forms 11, 11.1, 12 & 32 of
the Criminal Code)
23
July, 2015
Alberta Rules of Court
Volume 2
Select either “with”
or “without” as
appropriate
Court of Appeal
Practice Directions
(b) Entering into a Recognizance in the amount of
$
with/without deposit of cash or
other valuable security, and with/without sureties
as deemed acceptable to the Court, with the
following conditions, namely:
(i) keep the peace and be of good behavior;
(ii) report to Court in person as and when
required by the Court, a Justice of the Court,
the Registrar, the Deputy Registrar or the
Case Management Officer;
(iii) remain within
;
(iv) pursue the appeal with due diligence, and in
particular comply with any directions as
may be set out in this Order, or as made by
the Court, a Justice of the Court, the
Registrar, the Deputy Registrar or the Case
Management Officer, respecting the appeal;
(v)
(include any other conditions that the Court
orders. Refer to Forms 11, 11.1, 12 & 32 of
the Criminal Code)
2. Such Undertaking or Recognizance may be entered
into by the Appellant before any Judge of the
Provincial Court of Alberta or any Justice of the
Peace in and for the Province of Alberta.
3. Any Judge of the Provincial Court of Alberta or any
Justice of the Peace in and for the Province of
Alberta may order that the Appellant be brought
before him/her for the purpose of entering into such
Undertaking or Recognizance and being released
from custody, and this Order shall be sufficient
authority to any person having the custody of the
Appellant in the Province of Alberta to have the
Appellant brought before such Judge or Justice of the
Peace.
4. If the Appellant is brought before such Judge or
Justice of the Peace and enters into such Undertaking
or Recognizance as aforesaid, the person having
custody of the Appellant shall release him/her
forthwith.
24
July, 2015
Alberta Rules of Court
Volume 2
Court of Appeal
Practice Directions
5. The Appellant is to attend personally and provide
picture identification, at the opening of the next
sittings of this Honourable Court on (day of week)
day, the (date) day of (month), 20(year), between the
hours of 8:15 a.m. and 10:00 a.m., at the Court of
Appeal Registry Counter, (on the main floor of the
Law Courts Building/on the 26th floor of the
TransCanada Tower), in the City of
(Edmonton/Calgary), in the Province of Alberta, and
at the opening of every sitting thereafter until such
time as this appeal can be heard, subject to such
further Order as a Justice of this Honourable Court
may make.
6. On the hearing date, the Appellant shall attend the
courtroom assigned for his/her hearing between the
hours of 9:45 a.m. and 10:00 a.m., or any other such
time as directed, and shall then and there surrender
himself/herself into the custody of any peace officer,
pending the hearing of the within Appeal.
7. The Appeal shall proceed in strict compliance with
the Rules of Court and the Consolidated Practice
Directions, and the (name of document) must be filed
by (date of deadline), failing which the Crown may
apply to revoke this order.
8. Additionally, the following deadlines are hereby
imposed:
If appropriate,
insert any other
deadlines imposed
by the Court
(a)
(b)
(c)
Registrar, Court of Appeal
[Or if the justice has indicated that
she/he will be signing the order
(and not the Registrar), label this
line as “Justice of Appeal” as
follows:
Justice of Appeal]
25
July, 2015
Alberta Rules of Court
Volume 2
Court of Appeal
Practice Directions
APPROVED AS BEING THE ORDER GRANTED:
(or CONSENTED TO BY:)
NOTE:
See Part F.4 (c)(i) to (v) of the Consolidated Practice Directions for
further paragraphs required if the Court imposes conditions in the
Undertaking or Recognizance.
Form B
Sentence Appeal Questionnaire
Part I:
The following information must be provided on the Questionnaire as the first
page of the Sentence Factum:
1.
Amount of time in custody before sentence.
2.
(a)
Date released on bail pending appeal.
(b) Was community service performed?
3.
Serving time for other offences also?
4.
Date of mandatory release from last offence (if applicable). Was he/she on
other pre-release programs?
5.
(a)
Sentences given to co-accused and their offences.
(b) Their previous records are on p.
6.
(a)
of the
.
Does appellant have previous criminal record?
(b) If so, is it on p.
of the
.
7.
Employment history, including current job: found on p.
8.
(a)
of the
.
Age at time of offence.
(b) Age now.
9.
Any pre-sentence report, medical or psychological report? If so, found on
p.
of the
. Drawn up for this case, or for earlier sentencing?
10. Any evidence of, or statement of effects of, the offence on the victim? If so,
found on p.
of the
.
Part II:
Parties need not repeat the following on the questionnaire if the information has
been properly included in the Notice of Appeal that was filed:
26
July, 2015
Alberta Rules of Court
Volume 2
1.
Court and judge convicting.
2.
Was there a trial, or a guilty plea?
3.
Was there a jury?
4.
(a)
Court of Appeal
Practice Directions
Offences of which convicted (names and section numbers).
(b) Do any sentences include those by way of summary conviction?
5.
(a)
Sentences imposed.
(b) Total sentence then imposed.
(c) Any probation conditions? If so, found on p.
6.
(a)
of the
.
Date of sentence.
(b) Date of offence.
27
July, 2015
Alberta Rules of Court
Volume 2
Court of Queen’s Bench
Criminal Rules
Court of Queen’s Bench Criminal Rules
Table of Contents
2
Rules Pursuant to Section 424 of the Criminal Code
with Respect to Mandamus, Certiorari, Habeas Corpus
and Prohibition
2 Civil rules apply, 825
2 Order issues in place of writ, 826
2 Service of notice of motion, 827
2 Appeal, 828
3 Power of a judge, 829
3
Certiorari
3 Motion within 6 months, 830
3 Endorsement, 831
4 Return by magistrate, 832
4 Application by Crown, 833
5
Mandamus
5 Affidavit, 834
5 Immunity, 835
5 Effect of order, 836
5
Habeas Corpus
5 Order for discharge of prisoner, 837
5 Coming into force, 838
8
Rules Pursuant to Section 745.64(1) of The Criminal Code
of Canada
1
Alberta Rules of Court
Volume 2
Court of Queen’s Bench
Criminal Rules
Part 60
Rules Pursuant to Section 424 of
The Criminal Code with Respect to Mandamus,
Certiorari, Habeas Corpus and Prohibition
Civil rules apply
825 For the purposes of this Part, the Rules in civil cases mutatis mutandis,
apply in all matters not herein provided for.
AR 390/68 s825
Order issues in place of writ
826 An order in the nature of mandamus, prohibition, certiorari or habeas
corpus may be granted upon application by notice of motion returnable before
the court or before the Appellate Division.
(2) The writs of mandamus, prohibition, certiorari and habeas corpus shall not be
issued, but all necessary provisions shall be made in the order.
AR 390/68 s826
Service of notice of motion
827(1) The notice of motion shall be served upon every person who appears to
be interested or likely to be affected by the proceedings.
(2) The court may require the notice of motion to be served upon any person not
previously served.
(3) Where it is sought to quash a conviction, order, warrant or inquisition, the
notice of motion shall also be served at least seven days before the return date
thereof
(a) upon the Attorney General, and
(b) upon the magistrate, justice or justices making the conviction or order
or issuing the warrant or the coroner making the inquisition.
(4) Any person not served with the notice of motion may show that he is
affected by the proceedings and thereupon may be permitted to take part in the
proceedings as though served.
AR 390/68 s827
Appeal
828 An appeal lies from the order of the court to the Appellate Division.
AR 390/68 s828
2
Alberta Rules of Court
Volume 2
Court of Queen’s Bench
Criminal Rules
Power of a judge
829 Any direction required to give effect to an order of the Appellate Division
may be made by a judge of the Appellate Division.
AR 390/68 s829
Certiorari
Motion within 6 months
830 A notice of motion for an order in the nature of certiorari shall be filed and
served within six months after the conviction, order, warrant or inquisition to
which it relates.
AR 390/68 s830
Endorsement
831(1) Upon the notice of motion for an order in the nature of certiorari shall be
endorsed a notice in the following form addressed to the magistrate, justice or
justices, coroner, or officer or clerk, as the case may be.
“You are hereby required forthwith after service hereof to return to the
clerk of the Supreme Court at _________ (as the case may be) the
conviction (or _______________ as the case may be) herein referred to
together with the information, evidence and exhibits filed, if any, and
all things touching the matter as fully and entirely as they remain in
your custody, together with this notice.
“Date ___________________________
“to A.B. magistrate at __________________
(or as the case may be).
“Signed) C.D. _________________________
Solicitor for the Applicant.”
(2) All things required by this Rule to be returned to the clerk of the Supreme
Court shall, for the purposes of the application for an order in the nature of
certiorari, be deemed to be part of the record.
AR 390/68 s831
3
Alberta Rules of Court
Volume 2
Court of Queen’s Bench
Criminal Rules
Return by magistrate
832(1) Upon receiving the notice so endorsed, the magistrate, justice or justices,
coroner, officer or clerk, shall return forthwith to the office mentioned therein the
conviction, order, warrant or inquisition together with the information, the
evidence and exhibits filed, if any, and all things touching the matter and the
notice served upon him with a certificate endorsed thereon in the following form:
“Pursuant to the accompanying notice I herewith return to this
Honourable Court the following papers and documents, that is to say- “(1) The conviction (or as the case may be);
“(2) The information and the warrant issued thereon;
“(3) The evidence taken at the hearing and all exhibits filed;
“(4) All other papers or documents touching the matter.
“And I hereby certify to this Honourable Court that I have above truly
set forth all the papers and documents in my custody and power
relating to the matter set forth in the said notice of motion.”
(2) The certificate has the same effect as a return to a writ of certiorari.
(3) If the proceedings have been transmitted as required by law by the
magistrate, justice or justices or coroner, to the proper officer he shall in lieu of
the certificate above set out certify to the fact of the transmission together with
the date thereof.
(4) If the proceedings have not been received by the officer to whom or the clerk
of the office to which they are by law required to be transmitted, that officer or
clerk shall return a certificate of the fact.
(5) The court may dispense with the return of the evidence or exhibits or part of
them.
(6) A copy of this Rule shall appear upon or be annexed to the notice of motion
served upon the magistrate, justice or justices, coroner, clerk or officer from
whom the return is required.
AR 390/68 s832
Application by Crown
833 Notwithstanding Rules 826 to 831, the court on ex parte application by the
Crown may quash a conviction, order, warrant or inquisition.
AR 390/68 s833
4
Alberta Rules of Court
Volume 2
Court of Queen’s Bench
Criminal Rules
Mandamus
Affidavit
834 No order in the nature of mandamus shall be granted unless at the time of
application an affidavit is produced by which some person deposes upon oath
that the application is made at his instance as prosecutor and the name of that
person shall appear as the person at whose instance it is made.
AR 390/68 s834
Immunity
835 No action or proceedings shall be commenced or prosecuted against any
person in respect of anything done in obedience to an order in the nature of
mandamus issued by the court or any judge thereof.
AR 390/68 s835
Effect of order
836 The order or judgment may compel the performance of the duty forthwith
or upon the expiration of a fixed time or subject to specified terms.
AR 390/68 s836
Habeas Corpus
Order for discharge of prisoner
837 On the argument of a motion for an order in the nature of habeas corpus
the court may direct an order to be drawn up forthwith for the prisoner’s
discharge, which order is a sufficient warrant for any gaoler or constable or other
person, for his discharge.
AR 390/68 s837
Coming into force
838 These rules shall come into force on the 1st day of September 1968 on
which date the Rules of Practice with respect to mandamus, certiorari, habeas
corpus and prohibition heretofore in force cease to be in force without prejudice
to any proceedings under the said Rules which may have been taken prior to the
1st day of September 1968.
S. BRUCE SMITH
Chief Justice of Alberta
G.F. BUTTERWICK
Registrar at Calgary of
The Appellate Division.
5
Alberta Rules of Court
Volume 2
Court of Queen’s Bench
Criminal Rules
These Rules with respect to mandamus, certiorari, habeas corpus and
prohibition above set out and attested by the Chief Justice of the Province of
Alberta and by the Registrar at Calgary of the Appellate Division of the Supreme
Court of Alberta have been made by the Appellate Division of Alberta with the
concurrence of the majority of the judges thereof present at a meeting called for
the purpose held in Calgary on the 5th day of June, 1968 pursuant to section 424
of the Criminal Code.
S. BRUCE SMITH
C.J.A.
J.M. CAIRNS
J.A.
M.M. PORTER
J.A.
H.G. JOHNSON
J.A.
E.W.S. KANE
J.A.
N.D. McDERMID
J.A.
G.H. ALLEN
J.A.
These Rules with respect to mandamus, certiorari, habeas corpus and
prohibition above set out and attested by the Chief Justice of the Province of
Alberta and by the Registrar at Calgary of the Appellate Division of the Supreme
Court of Alberta have been made by the Trial Division of the Supreme Court of
Alberta with the concurrence of the majority of the judges thereof present at a
meeting called for the purpose held in Calgary on the 6th day of June, 1968
pursuant to section 424 of the Criminal Code.
C.C. McLAURIN
C.J.T.D.
NEIL PRIMROSE
J.
PETER
J.
GRESCHUK
H.W. RILEY
J.
J.V.H. MILVAIN
J.
M.E. MANNING
J.
W.J.C. KIRBY
J.
A.M. DECHENE
J.
M.B. O’BYRNE
J.
H.J. MacDONALD
J.
Can. Gaz., 13 July, 1968, Alb. Gaz., 15 July, 1968
AR 390/68
6
Alberta Rules of Court
Volume 2
Court of Queen’s Bench
Criminal Rules
Court of Queen’s Bench of Alberta
Rules Pursuant to Section 745.64(1) of the
Criminal Code of Canada
Relating to applications for reduction in the number of years of
imprisonment without eligibility for parole.
Pursuant to the authority of the Criminal Code section 745.64(1), I hereby
establish the attached Rules in respect of applications, hearings and judicial
screening under sections 745.6 to 745.63 of the Criminal Code.
These rules replace the previous Rules made pursuant to section 672 of the
Criminal Code.
Dated at Calgary, Alberta this 31 day of March 1998.
The Honourable W. Kenneth Moore,
Chief Justice of the Court of Queen’s Bench of Alberta
NOTE: These rules do not form part of the Alberta Rules of Court, but may be
placed at the back of the binder for convenience.
7
Alberta Rules of Court
Volume 2
Court of Queen’s Bench
Criminal Rules
Alberta Rules
Rules of practice made pursuant to subsection 745.64 of the Criminal Code to
reflect the changes made to the Criminal Code regarding applications for
reduction in the number of years of imprisonment without eligibility for parole.
Rule 1
An application under section 745.6 of the Criminal Code and any additional
material as required by subsections 745.61(1)(b) and (c) of the Criminal Code
shall be in writing and shall be filed in the office of the clerk of the Court of
Queen’s Bench for the judicial district in which the sentence to be reviewed was
imposed.
Rule 2
The application shall include the following information:
(a) the given names and surname of the applicant, any other names he or
she may have used, and the applicant’s date of birth;
(b) the name and place of the institution where the applicant is detained;
(c) the offence for which the applicant was convicted, the date of
conviction, and the sentence that was imposed;
(d) the length of time that the applicant has been incarcerated for that
offence;
(e) all grounds relied upon in support of the application;
(f) a statement of the relief sought;
(g) the address for service of the applicant;
(h) an outline of any evidence that the applicant intends to tender in
support of the application; and
(i) an Agreed Statement of Facts and Disputed Facts.
Rule 3
(a) After the application and additional material have been filed with the
clerk, the applicant shall cause it to be served on the following persons:
(i) the Solicitor General of Canada for notice only and not as a party;
(ii) Minister of Justice for the Province of Alberta;
(iii) the officer in charge of the institution in which the applicant is
being detained for notice only and not as a party;
(iv) any other person or institution as directed by the Chief Justice or a
Justice of the Court of Queen’s Bench designated by the Chief
Justice, hereinafter referred to collectively as the “Justice”.
8
Alberta Rules of Court
Volume 2
Court of Queen’s Bench
Criminal Rules
Rule 4
(1) Upon receipt of all materials referred to in the preceding rules, the clerk shall
deliver the materials and proof of service to the Chief Justice.
(2) If upon the application of the Minister of Justice or on the motion of the
Justice it is determined that an applicant is not a person to whom section 745.6
applies, the Justice shall dismiss the application.
(3) Upon receiving the materials and proof of service, the Chief Justice shall
determine, or shall designate a Justice to determine, pursuant to section 745.61 of
the Criminal Code, hereinafter referred to as judicial screening, whether there is a
reasonable prospect that the application will succeed.
(4) The determination under Sub-Rule (3) shall be made in accordance with the
criteria set out in paragraphs 745.63(1)(a) to (e) of the Criminal Code.
(5) If the Justice determines that the applicant has not shown there is a
reasonable prospect that application will succeed, the Justice may make an order
pursuant to section 745.61(3).
(6) If the Justice determines that the applicant has shown there is a reasonable
prospect that the application will succeed and there is no successful application
or motion under Sub-Rule (2), the Chief Justice shall or shall designate a Justice
to empanel a jury to hear the application pursuant to section 745.63 of the
Criminal Code.
(7) Not later than 30 days prior to the start of the hearing, the applicant and
counsel for the Minister of Justice shall ensure that full disclosure of all
documents has been made to the other party.
(8) In addition to any other order which the Justice may make, the Justice may
make the following orders:
(a) an order requiring an outline by the applicant and counsel for the
Minister of Justice of the evidence they intend to tender at the hearing;
(b) an order permitting the proof of facts by affidavit but where such proof
has been permitted, the Justice, on application, may require the
attendance of a deponent at or prior to the hearing for the purpose of
cross-examination on the affidavit;
(c) an order requiring that the applicant shall be brought before the court
for the hearing or for any other purpose contemplated by these Rules,
and for the purposes of such order the provisions of section 527 of the
Criminal Code apply mutatis mutandis.
Rule 5
Subject to these Rules, the jury referred to in subsection 745.61(5) shall be
empanelled in accordance with Part XX of the Criminal Code with such
modifications as the circumstances require.
Rule 6
No person other than counsel for the Minister of Justice and the applicant may
adduce evidence at the hearing of the application or at the judicial screening.
9
Alberta Rules of Court
Volume 2
Court of Queen’s Bench
Criminal Rules
Rule 7
The applicant shall present evidence first in support of the application and may,
if the Justice so permits, present rebuttal evidence after counsel for the Minister
of Justice has presented evidence.
Rule 8
A duly certified transcript of the proceedings at trial and sentence is admissible
as evidence at the hearing and the judicial screening.
Rule 9
At the hearing of the application and the judicial screening, the Justice shall rule
upon the admissibility of evidence.
Rule 10
Where, at any time before or after the commencement of the hearing the Justice
determines, as a matter of law, that the applicant is not a person to whom section
745.6 of the Criminal Code applies, the Justice shall discharge the jury and reject
the application.
Rule 11
After the evidence has been presented, the applicant or the applicant’s counsel
may address the jury and thereafter counsel for the Minister of Justice may
address the jury.
Rule 12
After the applicant and counsel for the Minister of Justice have addressed the
jury, the Justice shall address the jury.
Rule 13
All orders may be made and directions given by the Justice as may be necessary
for the due hearing and disposition of an application, including without
restriction, orders or directions with respect to:
(a) the enlargement or abridgement of time;
(b) the sufficiency of an application and any affidavit;
(c) service and proof of service;
(d) the date and place of hearing;
(e) the summoning of additional witnesses and production of documents
not produced by either party;
(f) the adjournment of the hearing of an application;
(g) any other matter not provided for in these Rules.
10
Alberta Rules of Court
Volume 2
Court of Queen’s Bench
Summary Conviction Appeals
Court of Queen’s Bench for Alberta
Summary Conviction Appeal Rules
Interpretation
1 In these Rules,
“adjudication” includes
(a) in appeals under paragraph 813(a) of the Criminal Code, a conviction
or order made against or a sentence imposed on a defendant,
(b) in appeals under paragraph 813(b) of the Criminal Code, an order that
stays proceedings on or dismisses an information or a sentence
imposed on a defendant,
(c) in appeals under subsection 830(1) of the Criminal Code, a conviction,
judgment or verdict of acquittal or other final order or determination of
a summary conviction court, in proceedings under Part XXVII of the
Criminal Code, and
(d) any final order authorized to be made by a Provincial Court Judge or a
Justice under any provision of the Criminal Code as to which Part
XXVII of the Criminal Code is said to be applicable in whole or part;
(décision)
“appeal” means an appeal from or against an adjudication in proceedings before
a summary conviction court under Part XXVII of the Criminal Code; (appel)
“appeal court” means the Court of Queen’s Bench of Alberta; (tribunal d’appel)
“clerk” means the clerk of the appeal court; (greffier)
“defendant” means any person other than the prosecutor, whether or not the
appellant is the accused, the respondent to a hearing, an owner of property or any
other person; (défendeur)
“judge” means a judge of the appeal court; (juge)
“prosecutor” includes the barrister and solicitor, student-at-law, or other person
who appeared on behalf of the prosecution in relation to the case under appeal.
(poursuivant)
Notice of Appeal
2(1) Every notice of appeal shall be signed by the appellant or the appellant’s
counsel, and dated as of the date of signature, and shall be filed with the clerk at
the judicial centre in the judicial district where the summary conviction
proceeding was held. If the appeal court sits in more than one location in a
judicial district, the notice of appeal shall be filed with the clerk in the location in
1
September, 2012
Alberta Rules of Court
Volume 2
Court of Queen’s Bench
Summary Conviction Appeals
that judicial district closest to where the summary conviction proceeding was
held.
(2) The appeal and all applications relative to the appeal shall be made to and
heard in the court location referred to in subrule (1), unless the appeal court
otherwise orders or the parties otherwise consent.
(3) The notice of appeal shall be in writing in Form “A”, or to the like effect,
and shall specify:
(a) the summary conviction court that made the conviction or order
appealed from or imposed the sentence appealed against,
(b) with reasonable certainty, the conviction or order appealed from or the
sentence appealed against, including its date and place,
(c) the grounds on which the appeal is taken,
(d) the nature of the order or other relief that the appellant seeks,
(e) if the appellant is the defendant, whether the appellant entered a plea of
guilty or not guilty before the summary conviction court,
(f) whether or not at the time of the appeal the defendant is imprisoned as
a result of the conviction, order or sentence appealed against, and the
place of incarceration, and
(g) the address for service of the appellant.
(4) The clerk, on receipt of a notice of appeal, shall set out on the notice the
time, date and place the appeal will be heard.
Service of Notice of Appeal
3(1) An appellant shall deliver a notice of appeal to the clerk within 30 days
after the day on which the conviction, judgment, acquittal or order was made or
the sentence was imposed, whichever is the later date.
(2) If the appellant is the prosecutor, the filed notice of appeal shall be served
personally on the defendant or on any other person or in any other manner that a
judge may direct or authorize, within the period referred to in subsection (1).
(3) If the appellant is the defendant, the clerk shall forward a copy of the filed
notice of appeal to the prosecutor as soon as is practicable under the
circumstances.
Scheduling of Appeal
4(1) On receipt of a notice of appeal which appears to comply with these Rules,
the clerk shall schedule the appeal for hearing on a date not less than 60 days nor
more than 120 days after the date of filing of the notice of appeal.
(2) On scheduling a date for the hearing of an appeal under this Rule, the clerk
shall immediately, in writing, notify all parties.
2
September, 2012
Alberta Rules of Court
Volume 2
Court of Queen’s Bench
Summary Conviction Appeals
(3) The clerk shall obtain the relevant court file, including any exhibits, from the
summary conviction court before the hearing by giving prompt notice of the fact
of the appeal to the summary conviction court after the notice of appeal has been
filed.
Ordering of Transcripts
5(1) The appellant shall, at the time of filing the notice of appeal, request in
writing from the applicable court reporters or court recorders a transcript of the
proceedings before the summary conviction court in sufficient copies for the
appeal court and all other interested parties.
(2) If the appellant is not represented by counsel at the time the notice of appeal
is filed, the appellant shall provide to the clerk a receipt evidencing the ordering
of the transcript.
(3) The transcript referred to in subrule (1) shall, unless the court otherwise
orders or the parties otherwise consent, contain all of the evidence and
proceedings before the summary conviction court, but no consent of the parties is
binding upon the court.
(4) Despite subrules (1) and (2), if the parties consent and the appeal concerns
sentence only, the appellant may cause a transcript of the proceedings as to
sentence only to be furnished to the appeal court and to the respondent.
6(1) If a date has been scheduled for the hearing of an appeal under these Rules,
the appellant shall, at least 30 days before that date, deliver to the clerk and serve
on the respondent and all other interested parties, or their counsel, a brief
memorandum
(a) setting out the argument and authorities on which the appellant intends
to rely in support of the grounds set out in the notice of appeal,
(b) setting out particular references to the evidence to be discussed in
relation to the grounds, and
(c) containing a transcript of the proceedings being appealed from, subject
to subrule 5(3).
(2) The respondent shall, not less than 15 days before the scheduled hearing
date, deliver to the clerk and serve on the appellant or their counsel a brief
memorandum setting out
(a) the authorities on which the respondent intends to rely in reply to the
argument of the appellant, and
(b) particular references to any evidence to be discussed in relation to
those arguments.
3
September, 2012
Alberta Rules of Court
Volume 2
Court of Queen’s Bench
Summary Conviction Appeals
Judicial Interim Release
7(1) Judicial interim release pending appeal may be granted conditionally or
unconditionally, or may be refused, by the Court.
(2) Subject to subrule (3), the rules and practice of the Court of Appeal of
Alberta in relation to judicial interim release pending appeal in indictable matters
apply to applications for judicial interim release pending appeal under this Rule,
with any modifications that the circumstances require.
(3) No application for judicial interim release pending appeal shall be refused by
reason only of the lack of any transcript of any proceedings connected with the
appeal.
Time Limits
8(1) A judge may, before or after the periods fixed by these Rules,
(a) order the extension or abridgment of the time within which any filing,
service or transmission of any documents may be effected, or
(b) order that any filing, service or transmission of any documents that has
been effected be deemed to be valid and sufficient.
(2) The applicant for any order under these Rules, including any order under
subrule (1) shall give two clear days’ notice in writing of the application to any
other party to the appeal or proposed appeal, as the case may be, unless all other
interested parties consent to the order sought or a judge otherwise orders.
(3) For the purposes of these Rules, any form of service that is required may be
effected by delivery of the document to be served to the address for service of the
counsel for the party to be served and the Rules of the appeal court as are
applicable to civil matters also apply to service of documents under these Rules
with any modifications that the circumstances require.
Effect of Rules
9(1) Non-compliance with these Rules does not render any proceedings void,
but a judge may
(a) amend any document, give any directions or make any order necessary
to validate the proceedings or documents,
(b) reject any documents or quash the proceedings as irregular or invalid,
or
(c) otherwise deal with the documents or proceedings as appears to him or
her to be just.
4
September, 2012
Alberta Rules of Court
Volume 2
Court of Queen’s Bench
Summary Conviction Appeals
(2) Nothing in these Rules shall be construed as limiting the powers of the
appeal court under the Criminal Code and, for greater certainty, but not so as to
restrict the generality of the foregoing, the appeal court may exercise all of the
powers set out in section 822 of the Criminal Code.
Repeal and Coming onto Force
Repeal
10 The Rules of the District Court of Alberta Governing Summary Conviction
Appeals are repealed.
Coming into Force
11 These Rules come into force on July 1, 2012.
Form A
[Rule 2]
Clerk’s stamp:
COURT FILE NUMBER
COURT OF QUEEN’S BENCH OF ALBERTA
JUDICIAL CENTRE
APPELLANT/RESPONDENT
HER MAJESTY THE QUEEN
RESPONDENT/APPELLANT
NOTICE OF APPEAL
DOCUMENT
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
PARTY FILING THIS DOCUMENT
The Appeal will be heard before a Justice of the Court of Queen’s Bench:
Date
Time
Where
___________________
___________________
___________________
5
September, 2012
Alberta Rules of Court
Volume 2
Court of Queen’s Bench
Summary Conviction Appeals
The Rules of this Court require an appellant to deliver to the Court a transcript of
the proceedings before the summary conviction court, a list of authorities and a
memorandum of argument at least 30 days prior to the above-mentioned date of
the hearing.
1.
TAKE NOTICE that the Appellant wishes to appeal and does hereby
appeal to the Court of Queen's Bench of Alberta, sitting at
______________________________, in the Province of Alberta, from the
decision of the Provincial Court of Alberta set out below.
2.
The full name of the Appellant, if not Her Majesty the Queen, is: (Print
name and date of birth)
(Name):
(Date of Birth):
3.
The decision of the Provincial Court being appealed from is a:
□
□
□
□
□
Conviction Only
Sentence Only
Conviction and Sentence
Dismissal
Order
and the particulars of the decision are as follows:
(a) Date of Decision:
(b) Place of Decision:
(c) Name of Judge or Commissioner:
(d) Name of Prosecutor, If Known:
(e) Name of Defence Counsel, If Known:
(f) Plea at Trial (if applicable): Guilty _____________ Not Guilty
If no Trial: Convicted in Absence ____________ Voluntary Payment
(g) Nature of Offence(s) charged:
6
September, 2012
Alberta Rules of Court
Volume 2
Court of Queen’s Bench
Summary Conviction Appeals
(h) Sentence or Order (if applicable):
(i) If driving offence(s) charged, Driver's License Number of Appellant is:
(j) If the Appellant (or Respondent if applicable) is in custody,
Place of Custody:
4.
The grounds of appeal of the Appellant are as follows:
5.
The Appellant seeks the following relief or remedy:
6.
This Notice of Appeal is dated this __________ day of __________2____
Appellant/Appellant’s counsel
7
September, 2012
Alberta Rules of Court
Volume 2
Court of Queen’s Brench
Criminal Practice Notes
Court of Queen’s Bench
Criminal Practice Notes
Table of Contents
2
Q.B. Criminal Practice Note “1”
Setting Down for Trial
4
Q.B. Criminal Practice Note “2”
Judicial Interim Release (Bail)
11
Q.B. Criminal Practice Note “3” - Repealed
12
Q.B. Criminal Practice Note “4”
Q.B. Criminal Orders Restricting Banning Publication, Public
Access or Other Non Disclosure Orders in Criminal Matters
15
Q.B. Criminal Practice Note "5"
Challenge for Cause
15
Q.B. Criminal Practice Note "6"
Court of Queen’s Bench Criminal Proceeding Rules
1
June, 2014
Alberta Rules of Court
Volume 2
Court of Queen’s Brench
Criminal Practice Notes
Court of Queen's Bench of Alberta
Criminal Practice Note “1”
Setting Down for Trial
Effective Date: April 1998
(Cancels Practice Note No. 1, April 30, 1979)
Procedure to be followed in criminal cases for the setting down of trials in the
Court of Queen's Bench of Alberta.
1. Judge & Jury Elections:
(a) Where an accused, upon his committal for trial by a provincial
judge, elects to be tried by judge and jury, he shall, as required by
law, appear, whether or not he is represented by counsel, at the
first arraignment date of the court following the date of committal
unless such date falls within the next 14 days, in which event he
shall appear at the next succeeding arraignment date.
(b) Upon his appearance, he shall be arraigned, and if he pleads not
guilty, his case shall be adjourned for pretrial conference, jury
selection, and also to a trial date all of which are set by the
presiding judge. It will be determined on that date whether the
accused waives his right to be present at the pretrial conference. If
the accused does not waive that right, the matter will be first
adjourned to the date set for a pretrial conference, otherwise the
matter will be adjourned to the date set for jury selection.
(c) Counsel will be permitted to tentatively book a date for jury
selection and trial with the trial coordinator prior to the case being
spoken to at arraignment; however, such an arrangement must be
confirmed by the presiding judge at the arraignment of the
accused.
(d) An accused who has not yet been assigned a trial date may make a
voluntary appearance for the purpose of entering a guilty plea, and
such an appearance may be arranged before any judge at any
available time by the trial coordinator, with the consent of the
Crown.
(e) This procedure will be followed whether or not an accused elects,
at arraignment, to be tried by a judge alone.
2
June, 2014
Alberta Rules of Court
Volume 2
Court of Queen’s Brench
Criminal Practice Notes
2. Judge Alone Elections:
Where, upon being committed for trial by the Provincial Court, an accused
elects to be tried by a judge alone, the time and place of the trial of the
accused shall be fixed by a judge in compliance with s. 560(1) C.C.C. who
may deal with the matter in accordance with these directions:
(a) Counsel may book a trial date with the Trial Coordinator provided
all accused are represented, all counsel are agreeable and the trial
will not take more than 5 days. A judge will on reference by the
Trial Coordinator, make an order under s. 560 C.C.C.
(b) Where, on arraignment day, there is a matter before the court in
respect of which no time and place for trial has yet been fixed, the
presiding judge may fix a time and place for trial. If the accused
is not present he shall be expected to ascertain the time and place
fixed for his trial, pursuant to s. 560(4) C.C.C.
3. Re-elections:
When an accused has elected or is deemed to have elected to be tried by a
court composed of a judge and jury, and gives notice of intention to re-elect
to be tried by a judge without a jury, pursuant to s. 562 C.C.C., the time and
place for re-election shall be the next arraignment day of the court.
4. Adjournments:
Where an adjournment is required, counsel will be expected to make an
application for adjournment to a judge in Chambers as soon as the need for
adjournment is discovered. The accused will appear at the next arraignment
day for fixation of a new trial date or otherwise as the judge orders.
W. K. MOORE
CHIEF JUSTICE
3
Alberta Rules of Court
Volume 2
Court of Queen’s Brench
Criminal Practice Notes
Court of Queen's Bench of Alberta
Criminal Practice Note “2”
Judicial Interim Release (Bail)
April, 1982 (Updated April, 2007)
Difficulties have been encountered in the past with respect to the form of Bail
Order.
A wide variety has been used by members of the Bar and even though the
documents have been approved as to form by Agents of the Attorney General,
Justices of the Peace have had problems in processing some of the orders.
In cooperation with senior officials of the Alberta Department of Justice and
members of the Edmonton and Calgary Bar Associations, a uniform standard
form of “Order of Release” has been worked out. It would be appropriate if it
could be used throughout the Province.
This standard form is attached. It is to be observed that it is not a precedent in
the normal sense of the word. Rather, it is a guide or a “Master Document” on
the basis of which actual documents should be prepared. Only the appropriate
paragraphs from the master document should be incorporated in the actual order
as required.
Effective immediately this document should be used in preparation of Orders of
Release in all cases where such orders are issued out of the Court of Queen's
Bench.
It is intended that this form be used generally, recognizing that situations may
arise where special provisions are required.
W. K. MOORE
Chief Justice
4
Alberta Rules of Court
Volume 2
Court of Queen’s Brench
Criminal Practice Notes
IN THE COURT OF QUEEN'S BENCH OF ALBERTA
JUDICIAL DISTRICT OF ______________
BETWEEN:
HER MAJESTY THE QUEEN,
RESPONDENT
-AND(ACCUSED'S NAME IN FULL AS IT
APPEARS ON INFORMATION OR
INDICTMENT)
APPLICANT
BEFORE THE HONOURABLE )
JUSTICE
IN CHAMBERS,
_)
DAY, THE
OF
, 20
DAY
.
)
)
ORDER OF RELEASE
UPON THE APPLICATION of the Applicant.
AND UPON HEARING COUNSEL for the Applicant
and Counsel for the Respondent;
(for offences NOT
under s.469)
AND IT APPEARING THAT the Applicant was
detained in custody by the Order of THE
HONOURABLE JUDGE
, in the Provincial
Court of Alberta, at
, on the
day
of
, 20
, on the following charge(s).
NAMELY:
(SET OUT, IN FULL, THE WORDING OF EACH
CHARGE AS IT APPEARS IN THE
INFORMATION OR INDICTMENT)
(for offences under
s.469)
AND IT APPEARING THAT the Applicant was
detained in custody on the following charge(s).
NAMELY:
(SET OUT, IN FULL, THE WORDING OF EACH
CHARGE AS IT APPEARS IN THE
INFORMATION OR INDICTMENT)
AND IT APPEARING THAT the Applicant is
not required to be detained in custody in respect of any
other matter;
5
Alberta Rules of Court
Volume 2
Court of Queen’s Brench
Criminal Practice Notes
IT IS ORDERED THAT the Application be
allowed, the Order previously made by THE
HONOURABLE JUDGE _______________ be vacated
and the Applicant be released upon his(her):
(use the most
appropriate one of
the following 12
paragraphs)
1.
GIVING AN UNDERTAKING, IN FORM 12,
WITHOUT CONDITIONS.
2.
GIVING AN UNDERTAKING, IN FORM 12,
WITH THE FOLLOWING CONDITIONS,
NAMELY:
(“CONDITIONS” -
see s.515 (4) (a) to
(f), and 515(4.1),
515(4.11) and/or
515(4.2) and notes
following at the foot
of this document)
(a) ______________________________________
(b) ______________________________________
(c) ______________________________________,
3.
ENTERING INTO A RECOGNIZANCE, IN
FORM 32, before a Justice, without sureties in the
amount of $
, but without deposit of money
or valuable security.
4.
ENTERING INTO A RECOGNIZANCE, IN
FORM 32, before a Justice, without sureties in the
amount of $
, but without deposit of
money or valuable security, with the following
conditions, NAMELY:
(a) ______________________________________
(b) ______________________________________
(c) ______________________________________,
("CONDITIONS" see below)
5.
ENTERING INTO A RECOGNIZANCE, IN
FORM 32, before a Justice, with surety (sureties) in
the amount of $
but without the deposit of
money or other valuable security,
6.
ENTERING INTO A RECOGNIZANCE, IN
FORM 32, before a Justice with
surety
(sureties) in the amount of $
but without
deposit of money or other valuable security, with
the following conditions, NAMELY:
("CONDITIONS" -
(a) ______________________________________
see below)
(b) ______________________________________
(c) ______________________________________
7.
The prosecutor having consented, ENTERING
INTO A RECOGNIZANCE, IN FORM 32, before
a Justice, without sureties, in the amount of $
upon him(her) depositing with the Justice the said
sum of money or other valuable security therefor.
6
Alberta Rules of Court
Volume 2
Court of Queen’s Brench
Criminal Practice Notes
8. The prosecutor having consented, ENTERING
INTO A RECOGNIZANCE, IN FORM 32, before a
Justice, without sureties, in the amount of $
upon him(her) depositing with the Justice the said sum
of money or other valuable security therefor, with the
following conditions, NAMELY:
("CONDITIONS" -
(a) ______________________________________
see below)
(b) ______________________________________
(c) ______________________________________
9.
Being not ordinarily resident in the Province of
Alberta or not ordinarily residing within one
hundred miles of the place in which he(she) is in
custody, ENTERING INTO A RECOGNIZANCE,
IN FORM 32, before a Justice, without sureties, in
the amount of $
upon him(her)
depositing with the Justice the said sum of money
or other valuable security therefor.
10. Being not ordinarily resident in the Province of
Alberta or not ordinarily residing within one
hundred miles of the place in which he(she) is in
custody, ENTERING INTO A RECOGNIZANCE,
IN FORM 32, before a Justice, with
surety(sureties), in the amount of $
upon him(her) depositing with the Justice the said
sum of money or valuable security therefor.
11. Being not ordinarily resident in the Province of
Alberta or not ordinarily residing within one
hundred miles of the place in which he(she) is in
custody, ENTERING INTO A RECOGNIZANCE.
IN FORM 32, before a Justice, without sureties, in
the amount of $
upon him(her) depositing
with the Justice such sum of money or other
valuable security therefor, with the following
conditions, NAMELY:
("CONDITIONS" -
see below)
(a) ______________________________________
(b) ______________________________________
(c) ______________________________________
7
Alberta Rules of Court
Volume 2
Court of Queen’s Brench
Criminal Practice Notes
12. Being not ordinarily resident in the Province of
Alberta or not ordinarily residing within one
hundred miles of the place in which he(she) is in
custody, ENTERING INTO A RECOGNIZANCE,
IN FORM 32, before a Justice, with
surety(sureties), in the amount of $
upon him(her) depositing with the Justice such sum
of money or other valuable security therefor, with
the following conditions, NAMELY:
("CONDITIONS" -
(a) ______________________________________
see below)
(b) ______________________________________
(c) ______________________________________
AND IT IS FURTHER ORDERED THAT:
1.
Such (Undertaking may be given by the Applicant
to) (or) (Recognizance may be entered into by the
Applicant before) any Judge of the Provincial Court
of Alberta or any Justice of the Peace in and for the
Province of Alberta;
2.
Any Judge of the Provincial Court of Alberta or any
Justice of the Peace in and for the Province of
Alberta may order that the Applicant be brought
before him for the purpose of (giving such
Undertaking) (or) (entering into such
Recognizance) and being released from custody,
and this order shall be sufficient authority to any
person having the custody of the Applicant in the
Province of Alberta to have the Applicant brought
before such Judge or Justice of the Peace;
3.
If the Applicant is brought before such Judge or
Justice of the Peace and (gives such Undertaking)
(or) (enters into such Recognizance) as aforesaid,
the person having custody of the Applicant shall
release him(her) forthwith.
8
Alberta Rules of Court
Volume 2
Court of Queen’s Brench
Criminal Practice Notes
_______________________
JUSTICE OF THE COURT
OF QUEEN'S BENCH OF
ALBERTA
APPROVED AS TO
FORM AND CONTENT
_____________________
AGENT OF THE
ATTORNEY GENERAL
ENTERED THIS
DAY OF
20
.
,
______________________
CLERK OF THE COURT
OF QUEEN'S BENCH
OF ALBERTA
Note on “Conditions”
Where the Court imposes conditions in the undertaking or recognizance,
such conditions, pursuant to s.520(7)(e) or s.521(8)(e), should be those described
in s.515(4)(a) to (f), 515(4.1), 515(4.11) and/or 515(4.2).
1. In respect to the condition described in s.515(4)(a), “report at
times to be stated in the Order to a peace officer or other person
designated in the Order;”, IN CALGARY, such condition should
read as follows:
“(a) Report in person once each week (state time and date of first
occasion on which Applicant is required to report) to
or
designate, CALGARY CORRECTIONAL SERVICES. 7th Floor,
205 - 9th Ave., South East, Calgary, Alberta; and thereafter report
in person weekly on such day and at such time as may be
determined by the said (name or designate).”
IN EDMONTON, such condition should read as follows:
“(a) Report in person once each week (state time and date of first
occasion on which Applicant is required to report) to
or
designate, CORRECTION SERVICES DIVISION, 5th Floor
10015 - 103 Avenue, Edmonton, Alberta; and thereafter report in
person weekly on such day and at such time as may be determined
by the said (name or designate).”
IN AREAS OUTSIDE CALGARY AND EDMONTON where
there are no Municipal Police - i.e. Outside Lethbridge, Medicine
Hat, Camrose, Barrhead, etc., such condition should read as
follows:
9
Alberta Rules of Court
Volume 2
Court of Queen’s Brench
Criminal Practice Notes
“(a) Report in person once each week (state time and date of first
occasion on which the Applicant is required to report) to NCO/in
Charge (Inspector, where applicable) RCMP Detachment at
___________; and thereafter report in person weekly on such day
and at such time as may be determined by the said (NCO/in
Charge (or) Inspector, where applicable).”
IN AREAS outside Calgary and Edmonton where there are
Municipal Police, such condition should read as follows:
“(a) Report in person once each week (state time and date of first
occasion on which Applicant is required to report) to (NAME OF
APPROPRIATE POLICE OFFICER) or Designate, (ADDRESS
OF POLICE STATION); and thereafter report in person weekly
on such day and at such time as may be determined by the said
(Police Officer).”
2. In respect to the condition described in s.515(4)(b), such condition
should read as follows:
“(b) Remain within (DESCRIBE TERRITORIAL
JURISDICTION- e.g. City, Town, Province).”
3. In respect to the condition described in s.515(4)(c), such condition
should read as follows:
“(c) Notify (PERSON DESIGNATED PURSUANT TO
CONDITION DESCRIBED IN s.515(4)(a)) of any change in his
(her) address or employment or occupation.”
4. In respect to the condition described in s.515(4)(d), such
condition should read as follows:
“(d) Abstain from communicating with (NAME OF WITNESS,
COMPLAINANT OR ANY OTHER PERSON OR PERSONS)
except in accordance with the following conditions:
(a) ___________________________________
(b) ___________________________________
(c) ___________________________________.”
5. In respect to the condition described in s.515(4)(e), such condition
should read as follows:
“(e) Deposit his(her) passport with A JUDGE OF THE
PROVINCIAL COURT OF ALBERTA OR JUSTICE OF THE
PEACE (to whom his(her) undertaking will be given) (or) (before
whom such recognizance will be entered into).”
6. In respect to the conditions described in s.515(4)(f), such
conditions will, of necessity, be drafted for the particular situation
contemplated.
10
Alberta Rules of Court
Volume 2
Court of Queen’s Brench
Criminal Practice Notes
Court of Queen's Bench of Alberta
Criminal Practice Note “3”
Repealed
11
Alberta Rules of Court
Volume 2
Court of Queen’s Brench
Criminal Practice Notes
Court of Queen's Bench of Alberta
Criminal Practice Note “4”
Q.B. Criminal Orders Restricting Banning Publication,
Public Access or Other Non Disclosure Orders in
Criminal Matters
March 2007
1.
This practice note applies to an application for:
a. a publication ban,
b. a partial sealing order,
c. an order preventing the identification of a witness, including the use of
pseudonyms,
d. an in camera hearing, or
e. any other non disclosure or access limiting order.
under a judge’s discretionary statutory or common law authority; it does not
apply to orders which are mandated by statute . This practice note is not intended
to restrict the Court’s inherent jurisdiction to issue a publication ban of its own
motion or determine appropriate interested parties.
2. “Interested parties” include the crown, the defence, a directly affected
witness, the electronic and print media, and any other person named by the
Court. Any other party claiming an interest in the proceedings must apply to
the Court for standing to be heard at the application.
3. The procedure for the application is:
a. The applicant must file three copies of the Notice of Application,
prescribed in Form A, with the Clerk of the Court in the appropriate
Judicial District and serve all interested parties except the media at
least two clear days before the beginning of the proceeding to which
the application relates.
b. The applicant must also transmit an electronic copy of the Notice of
Application to the electronic address of the Clerk of the Court of the
appropriate Judicial District, at least two clear days before the
proceeding to which the application relates.
(i) The Clerk of the Court shall re-transmit the Notice of Application
electronically to the media noted on a list to be kept by the Clerk
of the Court, or his/her designate.
(ii) The Clerk of the Court shall post the Notice of Application at the
place reserved for giving notice at the Courthouse where the
application is to be heard. (Note 1)
12
Alberta Rules of Court
Volume 2
4.
5.
6.
Court of Queen’s Brench
Criminal Practice Notes
The application may be made to: a) the trial judge, if the trial judge has been
assigned; b) a Criminal Appearance Court judge; c) the supervising judge or
designate.
The Applicant may apply to the Court for further directions as to the persons
to be served and the manner of service.
The information that is the subject of the initial application shall not be
published without leave of the Court until the application is heard.
Sealing/Unsealing Court Files
7.
An application to seal the entire court file, or an application to set aside a
sealing order, must be made to the Chief Justice, the Associate Chief Justice,
or a designate, who may make such directions as to the parties, manner and
time for service of notice that they, in their discretion, deem appropriate.
Note 1
Until the electronic method is in place, the following procedure will govern:
3.
a.
The Applicant must file with the Clerk of the Court three copies of the Notice of
Application, as prescribed in Form A, and, except with leave of the Court, serve
the interested parties, except the media, two days before the beginning of the trial,
application, proceeding, or matter to which the order is to apply.
b.
Unless otherwise ordered, and pending the implementation of an electronic form
of notice, notice to the media is given by filing Form A with the Clerk of the
Court, who will post the notice at the place reserved for such notice at the
courthouse where the application is to be heard.
13
Alberta Rules of Court
Volume 2
Court of Queen’s Brench
Criminal Practice Notes
Criminal Practice Note “4”
Form A
File # _____________
IN THE COURT OF QUEEN’S BENCH
JUDICIAL DISTRICT OF __________________
BETWEEN:1
HER MAJESTY THE QUEEN
-andX
Notice of Application for an Order Restricting Publication or Public Access
Take notice that an application for a (specify the order sought, for
example: publication ban, access restriction, protect witness identity) will be
made before the Presiding Justice at
, Alberta on the day
of ,
20
at
a.m./p.m. on behalf of (name of applicant)1 who is
(describe applicant: Crown, accused witness etc.)
And further take notice that the specific terms of the proposed order sought
are (describe the nature of the order: publication ban, access restriction etc.),
and the proposed duration of the order is
.
And further take notice that the specific grounds for the application are
(describe legal basis for application, for instance s. 486 of the Criminal
Code).
And further take notice that on the application reference will be had to
Queen’s Bench Practice Note # 4 and (describe evidence to be relied on:
affidavit, viva voce or other and any statutory provision or rule).
Dated this
day of
, 20
.
___________________________
Counsel for the Applicant
___________________________
___________________________
Address and phone number of
Applicant or Applicant’s counsel.
Note 1
The information that is the subject of this application may not be published without leave
of the court.
1 Parties (if the ban or sealing order relates to the identity of a party, that
party may be temporarily identified by initials pending the hearing of
the application).
14
Alberta Rules of Court
Volume 2
Court of Queen’s Brench
Criminal Practice Notes
Court of Queen's Bench of Alberta
Criminal Practice Note “5”
Challenge for Cause
May 1, 2007
Where the prosecutor or the accused wishes to challenge jurors pursuant to
section 638(1)(b) of the Criminal Code, for example a challenge based on the
personal characteristics of the accused or the accused’s witnesses, prejudice
about the nature of the crime, or prejudice arising from pre-trial publicity, the
following procedure will be followed:
1. Notification of such a challenge will be given to the prosecutor or the
accused and to the Trial Coordinator in the Judicial District where the trial is
scheduled to take place at least 60 days prior to the scheduled jury selection
or, such shorter interval that the trial judge may allow in the interests of
justice;
2. Notification must be in writing setting out the basis for the proposed
challenge (See s.639 and Form 41 of the Criminal Code);
3. Upon receipt of the written notification, the Trial Coordinator in the Judicial
District where the trial is scheduled will schedule a pre-trial conference with
the trial judge, the prosecutor and the accused to resolve issues raised by the
application.
Court of Queen's Bench of Alberta
Criminal Practice Note “6”
Court of Queen’s Bench Criminal Proceeding Rules
Part 1: General Principles
Part 2: Applications
Division 1: Form and Contents of Applications
Division 2: Applications for Mandamus, Certiorari, Habeas
Corpus and Prohibition
Division 3: Applications for Judicial Interim Release
15
1
4
9
10
June, 2014
Alberta Rules of Court
Volume 2
Court of Queen’s Brench
Criminal Practice Notes
Division 4: Applications for a Charter Remedy
Division 5: Applications for Challenge for Cause
Division 6: Applications for or in Relation to
Authorizations and Warrants
Division 7: Applications to Restrict Publication or Access
Part 3: Pre-trial Conferences
Division 1: Pre-trial Conferences Generally
Division 2: Reports and Submissions
Division 3: The Pre-trial Conference
Part 4: Case Management
Part 5: Summary Conviction Appeals
12
13
14
16
20
26
28
31
32
Forms
Court of Queen’s Bench Criminal Proceeding Rules
Part 1
General Principles
Object, Application and Interpretation
1(1) These Rules are intended to facilitate the just determination of criminal
proceedings in Alberta, and must be construed in a liberal and practical manner
to secure the fair and expeditious resolution of the proceedings in which they are
applied.
(2) Unless otherwise specified by an enactment or these Rules, these Rules apply
to any criminal or summary conviction appeal proceeding.
(3) None of these Rules limits any jurisdiction or authority of the Court or a
judge unless the Rule expressly so provides.
Definitions
2(1) In these Rules,
“Clerk” means Clerk of the Court;
“Court” means the Court of Queen’s Bench of Alberta.
(2) In these Rules,
(a) where no definition is provided for a term used in these Rules, that
term has the same meaning as in the Criminal Code or in the
Interpretation Act, as the context requires; and
16
June, 2014
Alberta Rules of Court
Volume 2
Court of Queen’s Brench
Criminal Practice Notes
(b) a form with the prefix “CC” refers to a form authorized by the Court
for the purpose of these Rules.
Exceptions, Exemptions and Substitutions
3(1) To implement and advance the purpose and intention of these Rules
described in Rule 1 the Court may, subject to any specific provision of these
Rules, make any order with respect to practice or procedure, or both, in a
proceeding before the Court.
(2) Without limiting sub-Rule (1), and in addition to any specific authority the
Court has under these Rules, the Court may, unless these Rules specifically
provide otherwise, do one or more of the following:
(a) grant, refuse or dismiss an application or proceeding;
(b) set aside any process exercised or purportedly exercised under these
Rules that is
(i) contrary to law;
(ii) an abuse of process; or
(iii) for an improper purpose;
(c) give orders or directions or make a ruling with respect to a proceeding,
or a related matter;
(d) make a ruling with respect to how or if these Rules apply in particular
circumstances or to the practice or procedure under these Rules;
(e) impose terms, conditions and time limits;
(f) give consent, permission or approval;
(g) give advice, including by providing guidance and making proposals,
suggestions and recommendations;
(h) adjourn all or any part of a proceeding, or extend or shorten the time
for doing anything in the proceeding;
(i) include any information in a judgment or order that the Court considers
necessary.
Part 2
Applications
Division 1
Form and Contents of Applications
Form of application
4 Every application required to be made on notice must be made in Form CC 1,
unless otherwise indicated in these Rules.
17
June, 2014
Alberta Rules of Court
Volume 2
Court of Queen’s Brench
Criminal Practice Notes
Place and time of application
5(1) An application made in accordance with Rule 4 must
(a) be brought in the judicial centre where the criminal proceedings to
which the application relates are being or are to be heard;
(b) specify a time and date at which it is anticipated the application will be
heard; and
(c) be filed with the Court at the applicable judicial centre.
(2) An application must be heard on a date and at a time fixed by the Court in
the judicial centre where the application is to be heard, but if the application is
time sensitive or emergent, it may be brought before the Court without notice for
the sole purpose of scheduling dates for service and the hearing.
Supporting documents
6 At least 7 days before the date of the hearing, the applicant must provide the
following to the Court and the persons referred to in Rule 7:
(a) an affidavit, transcript, other evidence or detailed particulars of the
anticipated evidence; and
(b) a synopsis of the legal argument supporting the relief claimed.
Service of the application
7 The following persons must be served with the application and supporting
documents:
(a)
every party to the proceedings; and
(b) every person who could be directly affected by an order that may be
made on the application.
Dismissal
8 If the applicant fails to appear at the hearing of the application, the Court may
dismiss the application as having been abandoned.
Division 2
Applications for Mandamus, Certiorari,
Habeas Corpus and Prohibition
Existing Rules
9 The Rules Pursuant to Section 424 of the Criminal Code with Respect to
Mandamus, Certiorari, Habeas Corpus and Prohibition in Part 60 of the Alberta
Rules of Court, Alta Reg 390/1968 apply to an application for an extraordinary
remedy.
18
June, 2014
Alberta Rules of Court
Volume 2
Court of Queen’s Brench
Criminal Practice Notes
Division 3
Applications for Judicial Interim Release
Form of application and service
10(1) An application for judicial interim release or review of judicial interim
release must be in Form CC 2.
(2) An application under sub-Rule (1) must be served on the respondent at least
2 days before the application is scheduled to be heard.
(3) An application for detention review commenced by notice from an institution
must be in Form CC 3.
Date and time of hearing
11(1) A date and time for the hearing of the application must be obtained from
the Court in the judicial centre where the trial is to take place or where the
accused is in custody.
(2) On an application for detention review, the Court must advise the institution
of the date and time for hearing and must provide a notice in Form CC 4 to the
designated counsel or, if there is no counsel designated, to the institution for
provision to the accused.
Division 4
Applications for a Charter Remedy
Form of application and service
12 An application for a remedy based on an alleged violation of an accused’s
rights under the Canadian Charter of Rights and Freedoms must be made in
Form CC 1 and in accordance with Division 1, except that the application and
supporting documents must be served on the parties and the Court 7 days prior to
the pre-trial conference or 60 days before trial, whichever is earlier, or as directed
by the Court.
Division 5
Applications for Challenge for Cause
Form of application and service
13 If the Crown or the accused wishes to challenge a juror pursuant to
paragraph 638(1)(b) of the Criminal Code, for example, based on the personal
characteristics of the accused or the accused’s witnesses, prejudice about the
nature of the offence, or prejudice arising from pre-trial publicity, the following
procedure is to be followed:
19
June, 2014
Alberta Rules of Court
Volume 2
Court of Queen’s Brench
Criminal Practice Notes
(a) written notice of the application for the challenge must be served on the
prosecutor or the accused, as the case may be, and provided to the
Court Coordinator in the judicial centre where the trial is scheduled to
take place at least 60 days prior to the scheduled jury selection or a
shorter period that the trial judge allows in the interests of justice;
(b) the notice must set out the basis for the proposed challenge in
accordance with section 639 and Form 41 of the Criminal Code;
(c) on receipt of the written notice, the Court Coordinator must schedule a
pre-trial conference with the trial judge, the prosecutor and the accused
to resolve issues raised by the application.
Division 6
Applications for or in Relation to
Authorizations and Warrants
Form of application
14 An application for or relating to an authorization, warrant or similar order is
to be made in accordance with the authorizing statute or, if no procedure exists in
the authorizing statute or there is no authorizing statute, in accordance with
Division 1.
Supporting documents
15 If Division 1 applies to the application, the applicant must provide, in
addition to the supporting documents required under Rule 6,
(a) the relevant passages from the legal authorities relied on and the full
citation for each of the authorities; and
(b) a form of the order being sought.
Division 7
Applications to Restrict Publication or Access
Form of application
16 Division 1 applies to an application for the following orders:
(a)
a publication ban;
(b) a partial sealing order;
(c) an order preventing the identification of a witness, including the use of
pseudonyms;
(d) an order for an in camera hearing;
(e) any other non-disclosure or access limiting order.
20
June, 2014
Alberta Rules of Court
Volume 2
Court of Queen’s Brench
Criminal Practice Notes
Exception
17 This Division does not apply to a publication ban or an order restricting
access which is required by statute.
Form, filing and service
18 In addition to the requirements of Division 1 and any direction the Court
makes respecting additional persons to be served, the applicant must file with the
Clerk in the judicial centre in which the application is to be made
(a)
3 paper copies of completed Form CC 5; and
(b)
a copy of completed Form CC 5 referred to in paragraph (a) in a
format suitable for electronic distribution by the Clerk.
Notification
19(1) If the Clerk has a list of media organizations registered for electronic
distribution, the Clerk must forward the filed electronic Form CC 5 referred to in
Rule 18(b) to those media.
(2) The Clerk must post a copy of the filed Form CC 5 in a place reserved for
giving public notice at the courthouse where the application is to be heard.
Part 3
Pre-trial Conferences
Division 1
Pre-trial Conferences Generally
Existing Rules
20 The Alberta Court of Queen’s Bench Rules Respecting Pre-Trial
Conferences (SI/86-79) apply to pre-trial conferences and are supplemented by
the following Rules.
When required
21 A pre-trial conference must be held in a case to be tried by a judge and jury
and in a case scheduled or anticipated to take at least 3 days unless
(a) a case management justice has been appointed; or
(b) a judge, on application, directs otherwise.
When conducted
22 The initial pre-trial conference must be held within 120 days of the filing of
the indictment or the order committing the accused to stand trial, whichever
occurs first.
21
June, 2014
Alberta Rules of Court
Volume 2
Court of Queen’s Brench
Criminal Practice Notes
Pre-trial conference location
23(1) A pre-trial conference must be conducted in the judicial centre where the
proceeding is being prosecuted, unless otherwise ordered by a judge.
(2) A pre-trial conference is to be conducted in private chambers, but may be
conducted in a courtroom if the pre-trial conference judge directs or counsel
requests.
(3) A pre-trial conference involving an unrepresented accused must be
conducted in a courtroom.
Presence of the accused
24(1) An accused person is not compelled to attend a pre-trial conference if the
accused has filed a written designation of counsel in Form CC 6, or another filed
document acceptable to the Court.
(2) Subject to sub-Rule (1), the accused must be present at all pre-trial
conferences relating to his or her prosecution.
Additional pre-trial conferences
25(1) The pre-trial conference judge or another judge of the Court may direct
that such further pre-trial conferences be held as are deemed necessary to
promote a fair and expeditious trial or disposition of the proceeding.
(2) If practicable, any further pre-trial conference on the matter must be
conducted by the initial pre-trial conference judge.
Division 2
Reports and Submissions
Submissions
26(1) Each party to a pre-trial conference must file with the Clerk in the
appropriate judicial centre a submission in Form CC 7.
(2) The prosecutor must complete the pertinent parts of Form CC 7, file the form
2 weeks prior to the pre-trial conference with the Clerk in the appropriate judicial
center and provide a copy of the form to every other party to the proceeding.
(3) The accused must complete the pertinent parts of Form CC 7, file the form
one week prior to the pre-trial conference with the Clerk in the appropriate
judicial centre, and provide a copy of the form to every other party to the
proceeding.
22
June, 2014
Alberta Rules of Court
Volume 2
Court of Queen’s Brench
Criminal Practice Notes
Pre-trial report by a judge
27 The pre-trial conference judge must prepare a report in Form CC 7, which
must be provided to each of the parties for their approval as to the content of the
report within the period and on the conditions the pre-trial conference judge
considers appropriate.
(2) The pre-trial conference judge must remove and destroy the page of the report
relating to sentencing positions, and the remainder of the document must be filed
with the Court but may not be accessed by the public unless otherwise ordered.
(3) A copy of the filed document must be provided to the trial judge.
Division 3
The Pre-trial Conference
Creation and access to record
28(1) A pre-trial conference conducted in a courtroom must be recorded but the
proceedings must not be published, broadcast or transmitted in any way, except
by order of the pre-trial conference judge.
(2) No transcript of any pre-trial conference referred to in sub-Rule (1) may be
requested by anyone without notice to all parties and the prior written approval of
the pre-trial conference judge.
(3) Where a transcript or recording has been requested under sub-Rule (2), no
information contained in it may be published in any document or broadcast or
used in any way without the approval of the pre-trial conference judge, on notice
to all parties, and information respecting sentencing discussions or positions must
not be published or disclosed in any way.
Discussions at pre-trial conference
29(1) Unless otherwise ordered by the pre-trial conference judge, all parties
must be in a position to make commitments on issues reasonably anticipated to
arise from the contents of the pre-trial submissions made by them.
(2) The pre-trial conference judge shall inquire about, discuss and make
recommendations on any matter that could promote a fair and expeditious
conduct of the proceeding.
(3) Without restricting the discretion of the pre-trial conference judge, the pretrial conference judge may inquire about, discuss and make recommendations on
the following:
(a) the contents of the submissions made by counsel or unrepresented
accused;
(b) any issues that arise from the contents of the submissions;
(c) the issues in dispute between the parties;
23
June, 2014
Alberta Rules of Court
Volume 2
Court of Queen’s Brench
Criminal Practice Notes
(d) the possibility of making admissions of fact or other agreements about
uncontested issues or the evidence of witnesses;
(e) the simplification of issues that remain in controversy in the
proceeding;
(f) the resolution of any outstanding disclosure issues;
(g) the nature and particulars of any pre-trial application under these Rules,
including the following:
(i) the need to make orders about the notices of applications to be
filed;
(ii) the setting of schedules for serving and filing notices of
applications, records and other materials in support of pre-trial
applications;
(iii) whether written submissions should be required for pre-trial
applications and the schedule set for their filing and service;
(iv) whether evidence on pre-trial applications may be provided by
agreed statements of fact, excerpts of transcripts, affidavits, “will
states” or otherwise than by the testimony of witnesses;
(h)
the possibility of the Crown reducing the number of counts in the
indictment to facilitate jury comprehension or otherwise promote a fair,
just and expeditious trial;
(i) the manner in which evidence may be presented at trial to facilitate jury
comprehension;
(j) whether any disturbing images or sound recordings which either party
intends to put before a jury are necessary to prove its case;
(k) the necessity for the assistance of interpreters for any accused or
witness in the proceedings;
(l) the necessity of any technological equipment to accommodate any
witness, facilitate the introduction of evidence or jury comprehension
of the evidence;
(m) the estimated length of pre-trial applications and trial proceedings and
the advisability of fixing a date for commencement of pre-trial
applications and trial proceedings;
(n) the scheduling of the witnesses to be called;
(o) the appointment of a case management judge pursuant to sections
551.1 to 551.7 of the Criminal Code.
Resolution Issues
30(1) The pre-trial conference judge shall raise and discuss
24
June, 2014
Alberta Rules of Court
Volume 2
Court of Queen’s Brench
Criminal Practice Notes
(a) the Crown’s position on sentence before trial and after trial in the event
of conviction, including the counts on which pleas of guilty would be
sought, the credit to be given for pre-sentence custody or release on
stringent terms, any corollary orders sought on conviction, and whether
further proceedings would be taken on conviction; and
(b) the position of counsel for each accused on sentence if a guilty plea is
taken before trial, and on sentence if a trial is held and the accused is
convicted.
(2) The pre-trial conference judge may express his or her opinion about the
appropriateness of any proposed sentencing disposition based on the
circumstances disclosed at the pre-trial conference.
Part 4
Case Management
Assignment
31 An application pursuant to sections 551.2 to 551.7 of the Criminal Code must
be made in accordance with Part 2, Division 1 unless otherwise ordered by the
case management justice or the joint hearing justice.
Part 5
Summary Conviction Appeals
Existing Rules
32 The Court of Queen’s Bench for Alberta Summary Conviction Appeal Rules
(SI/2012-39 ) apply with respect to summary conviction appeals.
FORMS
INDEX TO FORMS
FORM CC 1
FORM CC 2
FORM CC 3
FORM CC 4
FORM CC 5
FORM CC 6
FORM CC 7
General Application
Application for Judicial Interim Release (or Review of
Judicial Interim Release)
Application for Detention Review Hearing (commenced by
notice from an institution)
No-Contest and/or Waiver of Attendance
Application for an Order Restricting Publication or
Public Access
Appointment of Counsel by Designation
Pre-trial Conference Report
25
June, 2014
Alberta Rules of Court
Volume 2
Court of Queen’s Brench
Criminal Practice Notes
26
June, 2014
Alberta Rules of Court
Volume 2
Court of Queen’s Brench
Criminal Practice Notes
27
June, 2014
Alberta Rules of Court
Volume 2
Court of Queen’s Brench
Criminal Practice Notes
28
June, 2014
Alberta Rules of Court
Volume 2
Court of Queen’s Brench
Criminal Practice Notes
29
June, 2014
Alberta Rules of Court
Volume 2
Court of Queen’s Brench
Criminal Practice Notes
30
June, 2014
Alberta Rules of Court
Volume 2
Court of Queen’s Brench
Criminal Practice Notes
31
June, 2014
Alberta Rules of Court
Volume 2
Court of Queen’s Brench
Criminal Practice Notes
32
June, 2014
Alberta Rules of Court
Volume 2
Court of Queen’s Brench
Criminal Practice Notes
33
June, 2014
Alberta Rules of Court
Volume 2
Court of Queen’s Brench
Criminal Practice Notes
34
June, 2014
Alberta Rules of Court
Volume 2
Court of Queen’s Brench
Criminal Practice Notes
35
June, 2014
Alberta Rules of Court
Volume 2
Court of Queen’s Brench
Criminal Practice Notes
36
June, 2014
Alberta Rules of Court
Volume 2
Court of Queen’s Brench
Criminal Practice Notes
37
June, 2014
Alberta Rules of Court
Volume 2
Court of Queen’s Brench
Criminal Practice Notes
38
June, 2014
Alberta Rules of Court
Volume 2
Court of Queen’s Brench
Criminal Practice Notes
39
June, 2014
Alberta Rules of Court
Volume 2
Court of Queen’s Brench
Criminal Practice Notes
40
June, 2014
Alberta Rules of Court
Volume 2
Court of Queen’s Brench
Criminal Practice Notes
41
June, 2014
Alberta Rules of Court
Volume 2
Court of Queen’s Brench
Criminal Practice Notes
42
June, 2014
Alberta Rules of Court
Volume 2
Court of Queen’s Brench
Criminal Practice Notes
43
June, 2014
Alberta Rules of Court
Volume 2
Court of Queen’s Brench
Criminal Practice Notes
44
June, 2014
Alberta Rules of Court
Volume 2
Court of Queen’s Brench
Criminal Practice Notes
45
June, 2014
Alberta Rules of Court
Volume 2
Court of Queen’s Brench
Criminal Practice Notes
46
June, 2014
Alberta Rules of Court
Volume 2
Court of Queen’s Brench
Criminal Practice Notes
47
June, 2014
Alberta Rules of Court
Volume 2
Court of Queen’s Brench
Criminal Practice Notes
48
June, 2014
Alberta Rules of Court
Volume 2
Court of Queen’s Brench
Criminal Practice Notes
49
June, 2014
Alberta Rules of Court
Volume 2
Court of Queen’s Brench
Criminal Practice Notes
50
June, 2014
Alberta Rules of Court
Volume 2
Court of Queen’s Brench
Criminal Practice Notes
51
June, 2014
Alberta Rules of Court
Volume 2
Court of Queen’s Brench
Criminal Practice Notes
52
June, 2014
Alberta Rules of Court
Volume 2
Court of Queen’s Brench
Criminal Practice Notes
53
June, 2014
Alberta Rules of Court
Volume 2
Court of Queen’s Brench
Criminal Practice Notes
54
June, 2014
Alberta Rules of Court
Volume 2
Court of Queen’s Brench
Criminal Practice Notes
55
June, 2014
Alberta Rules of Court
Volume 2
Court of Queen’s Brench
Criminal Practice Notes
56
June, 2014
Alberta Rules of Court
Volume 2
Court of Queen’s Brench
Criminal Practice Notes
57
June, 2014
Alberta Rules of Court
Volume 2
Court of Queen’s Brench
Criminal Practice Notes
58
June, 2014
Alberta Rules of Court
Volume 2
Court of Queen’s Brench
Criminal Practice Notes
59
June, 2014
Alberta Rules of Court
Volume 2
Court of Queen’s Brench
Criminal Practice Notes
60
June, 2014
Alberta Rules of Court
Volume 2
Court of Queen’s Brench
Criminal Practice Notes
61
June, 2014
Alberta Rules of Court
Volume 2
Court of Queen’s Brench
Criminal Practice Notes
62
June, 2014
Alberta Rules of Court
Volume 2
Court of Appeal Criminal Rules
Rule 839
Part 61
Rules of the Court of Appeal
of Alberta
as to Criminal Appeals
839 In these Rules, unless the context otherwise requires:(1) “Appellant” means any person entitled to appeal to the Court under Part
XVIII of the Code, or Section 771 of the Code, or under The Summary
Convictions Act of Alberta, and includes the Attorney-General.
(2) “Appellate judge” means a judge of the Court of Appeal of Alberta, and
includes an ex officio judge thereof.
Criminal Code Reference S.2 - S.605
(3) “Attorney-General” means the Attorney-General as defined in s. 2 of the
Code and includes counsel instructed by him for the purpose of an appeal.
(4) “Code” means the Criminal Code.
(5) “Court” means the Court of Appeal of Alberta.
(6) “Prisoner appeal” means an appeal by a person who at the time the notice of
appeal is given, is in custody and not represented by counsel.
(7) “Prosecutor” means a prosecutor as defined in s. 2 of the Code.
(8) “Registrar” means a registrar of the Court, or if there is no registrar
appointed, means the clerk of the Court of the Judicial District of Calgary in the
case of trial dispositions made in the Southern Judicial Districts and the clerk of
the Court of the Judicial District of Edmonton in the case trial dispositions made
elsewhere in Alberta, and includes a deputy, assistant or acting registrar.
Criminal Code Reference S.603(2)(a)(b)-S.605(3)
(9) “Respondent” means the Attorney-General in the case of a person who
appeals against a conviction or sentence, or against a finding or verdict that he is
unfit to stand trial, or from a finding of "not guilty" by reason of insanity; and in
the case of the Attorney-General who appeals against sentence or acquittal, or a
finding of "not guilty" by reason of insanity, or a finding or verdict that the
Accused is unfit to stand trial, means the person accused.
(10) “Sentence appeal” means an appeal where only the question of sentence is
involved.
(11) “Southern Judicial Districts” means the Judicial Districts of Macleod,
Lethbridge, Calgary, Medicine Hat, Hanna, Drumheller and Red Deer.
1
Alberta Rules of Court
Volume 2
Court of Appeal Criminal Rules
Rule 840
(12) “Trial disposition” means a conviction, a sentence, an acquittal, or an order
from which there is an appeal.
(13) “Trial judge” means a judge who presided at the trial, and includes a judge
of the Provincial Court of Alberta, a judge of the District Court of Alberta, and a
judge of the Trial Division of the Supreme Court of Alberta.
(14) “Warden” means the person in charge of any custodial institution, including
a remand centre, a gaol, a penitentiary, or a mental hospital.
General
840(1) These Rules shall apply to appeals to the Court under:
(i) Part XVIII of the Code, or Sec. 771 of the Code, or
(ii) The Summary Convictions Act of Alberta.
(2) Numbers preceded by the letter "s" are references to sections of the Code.
(3) In all matters not provided for by these Rules, the Rules of Court respecting
civil appeals shall apply mutatis mutandis save that there shall be no crossappeal,
and Rule 509 shall not apply.
(4) Non-compliance with the Rules shall not render any proceedings void, but
the same may be amended, set aside, or otherwise dealt with as may be just by an
Appellate judge or the Court.
Criminal Code Reference S. 607(2)
(5)
(i) Anytime prescribed by these Rules within which an appeal is to be
taken may be extended by an Appellate judge or the Court before
or after the expiration thereof, and any other time may similarly be
extended or shortened.
(ii) Two clear days' notice in writing of an application to extend or
shorten time shall be given to the opposite party unless such
application is made on consent, or unless otherwise ordered by an
Appellate judge.
(iii) An appeal to the Court may be taken from the dismissal by an
Appellate judge of an application to extend or shorten time by
filing a notice in writing with the registrar within seven (7) days of
such dismissal.
(6) An appeal may be dismissed if the appellant fails to appear when the case is
called for hearing, but such order dismissing an appeal may for special reasons
be vacated on application to the Court.
2
Alberta Rules of Court
Volume 2
Court of Appeal Criminal Rules
Rule 841
(6.1) Subject to subrule (6.2) and notwithstanding any other Rule to the contrary,
all conviction appeals and appeals by the Attorney General pursuant to section
676 of the Code shall be deemed to have been abandoned where four calendar
months have passed since the Appeal Books have been readied and the appellant
has failed to file and serve the appellant's factum on the respondent.
(6.2) The Court or a Judge thereof may, on motion by the appellant or, in the
case of a prisoner appeal, on the motion of the Court or a Judge thereof, and on
proper grounds being shown, continue any appeal referred to in subrule (6.2) by
order before or after the expiration of the time fixed by that subrule and on such
terms as may be just.
(7) If the appellant or respondent obtains leave of the Court to call further
evidence upon the hearing of the appeal, the attendance of any witness or the
production of any document may be obtained in the same way as that provided
for by the Rules of the Supreme Court in civil matters, and all the provisions of
such Rules so far as they are applicable, shall apply to the production of evidence
upon an appeal.
(8)
(i) The registrar shall, following the pronouncement of judgment by
the Court in every criminal appeal, promptly enter a formal
judgment.
(ii) Any clerical errors or omissions may be corrected by a single
member of the Court pronouncing the judgment.
Method of Appealing
Criminal Code Reference S.607(1)
841 An appeal or an application for leave to appeal under the Code shall be
made by filing and serving a notice of appeal in the manner and within the time
as hereinafter directed.
842(1) An appeal under The Summary Convictions Act of Alberta shall be
made by filing a certificate granted under the Act and by filing and serving a
notice of appeal in the manner and within such time as is hereafter directed.
(2) Rule 850 shall apply, mutatis mutandis, to an application for leave under The
Summary Convictions Act of Alberta.
Time for Appeal and Service
Criminal Code Reference S.607(1)
843(1) A notice of appeal from conviction, or conviction and sentence, or
sentence only, shall be filed and served within thirty (30) days from the date of
sentence.
3
Alberta Rules of Court
Volume 2
Court of Appeal Criminal Rules
Rule 844
(2) A notice of appeal from acquittal shall be filed and served within thirty (30)
days from the date of acquittal.
Criminal Code Reference S.603(2)(b)
(3) A notice of appeal from a finding of "not guilty" by reason of insanity by
an accused person pursuant to s. 603 (2)(b) shall be filed and served within thirty
(30) days from the date of such finding.
Criminal Code Reference S.603(2)(a)-S.605(3)
(4) A notice of appeal from a finding or verdict that an accused person is unfit
to stand trial by reason of insanity by either such accused person or the AttorneyGeneral, pursuant to s. 603 (2) (a) or s. 605 (3) shall be filed and served within
thirty (30) days from such finding or verdict.
Filing and Serving Notice of Appeal
Criminal Code Reference S.607(1)
844(1) The filing and serving of a notice of appeal shall be effected:
(i) in a prisoner appeal, by serving three (3) copies of the notice of
appeal on the warden or the designate of the warden of the
institution in which the appellant is in custody. Such officer shall
endorse on the copies the date he received them, and shall
forthwith return one (1) copy to the appellant, and forthwith
forward one (1) copy to the registrar, and shall retain one (1) copy;
(ii) in any other appeal by a convicted person, by filing in the office of
the registrar or by mailing to him by registered mail three (3)
copies of a notice of appeal;
(iii) in an appeal by the Attorney-General, by filing two (2) copies of
the notice of appeal with the registrar and by personal service on
the person in respect of whose trial disposition the appeal is
brought, unless otherwise ordered by an Appellate judge; provided
that where substitutional service is ordered, no appeal shall be
argued without leave of the Court, and on such application for
leave, the Court may gave further directions as to service.
(2) Upon receipt of a notice of appeal other than an appeal by the AttorneyGeneral or prosecutor, the registrar shall forthwith forward a copy to the
Attorney-General or his counsel at trial, or the prosecutor or his counsel at trial.
(3) In cases tried before a Provincial judge, the registrar shall immediately
forward copy of the notice of appeal to the judge.
(4) In all cases, the registrar shall immediately forward a copy to the clerk of the
Court in which the trial took place.
4
Alberta Rules of Court
Volume 2
Court of Appeal Criminal Rules
Rule 845
Content of Notice of Appeal
Criminal Code Reference S.607(1)
845(1) In appeals where the appellant is not represented by counsel, a notice of
appeal and application for leave to appeal shall be in Form "A" or to like effect.
(2) In all other appeals and applications for leave to appeal, the notice of appeal
shall be in Form "B" or to like effect.
(3) Where an appeal or an application for leave to appeal is commenced by an
appellant not represented by counsel, and the appellant subsequently retains
counsel, the latter shall immediately notify the registrar and the respondent.
Thereafter, all relevant Rules relating to appeals which are not appeals by
persons not represented by counsel shall apply.
846 Every notice of appeal and every application for leave to appeal, shall set
out the grounds for appeal or application, and shall be signed by the appellant or
counsel.
847(1) No time or place for the hearing shall be stated in the notice of appeal.
The registrar shall forthwith after receipt of the notice, other than a notice of an
application to an Appellate judge for leave to appeal, enter the case on the lists of
appeal for the next ensuing sittings of the Court, and all necessary directions as to
the hearing of the appeal or application may be given by the Court or any judge
thereof.
(2) In appeals by the Attorney-General, the Attorney-General shall take all
reasonable steps to notify a respondent of the time and place for the hearing of
the appeal.
848 Unless otherwise ordered by the Court or a judge thereof, all appeals and
applications to the Court or a judge thereof for leave to appeal from any trial
disposition made in the Southern Judicial Districts shall be heard at Calgary, and
all other appeals and applications shall be heard at Edmonton.
Appeals Where Leave Required
849(1) Applications for leave to appeal may be made to the Court or to an
Appellate judge.
(2) An application for leave to appeal to the Court shall be made by the filing of
a notice of appeal, pursuant to these Rules, and no further notice is required.
(3) Where the Court grants leave to appeal, it may at once determine the appeal
on its merits or it may direct that the appeal be heard at a later time.
5
Alberta Rules of Court
Volume 2
Court of Appeal Criminal Rules
Rule 850
(4) An application for leave to appeal to an Appellate judge shall be made by
filing a notice of appeal pursuant to these Rules, and by filing with the registrar
contemporaneously, or thereafter, a notice of motion. Such notice of motion
shall be served on the respondent not less than two (2) clear days before the
return of the motion, unless otherwise ordered.
Criminal Code Reference S.603(1)(a)(ii)
(5) If an Appellate judge refuses leave to appeal against a conviction in respect
of an application brought pursuant to s. 603 (1) (a) (ii), the applicant may, by
filing a notice in writing with the registrar within seven (7) days of such refusal,
have the application for leave to appeal determined by the Court.
Criminal Code Reference S.603(1)(b)-S.603(3)
(6) If an Appellate judge refuses leave to appeal from sentence in respect of an
application brought pursuant to s. 603 (1) (b), such determination is final, and no
appeal from such order lies.
Criminal Code Reference S.603(1)(a)(ii)
850(1) An application to a trial judge for a certificate under s. 603 (1) (a) (ii)
shall be made within thirty (30) days from the date of sentence, and may be made
ex parte, or if the trial judge requires, on at least two (2) clear days' notice to the
Attorney-General.
(2) Where a trial judge requires notice of the application:
(i) the notice may be returnable before or after the expiration of the
thirty (30) days mentioned above;
(ii) a copy of the notice shall be mailed to or filed with the registrar;
(iii) if the certificate is granted, the notice of appeal shall be mailed or
filed as provided in S. 844 (1) within thirty (30) days from the
date of sentence, or within two (2) clear days after the certificate is
granted, whichever is the later.
Sentence Appeals with Counsel
851(1) In an appeal against sentence, where the appellant is represented by
counsel, unless otherwise ordered by the Court or a judge thereof, there shall be
filed by the appellant with the registrar six (6) copies of a group of documents
entitled "Sentence Material", and a further copy shall forthwith be served upon
the respondent.
(2) The Sentence Material shall be filed with the registrar at least five (5) days
before the opening of the Court.
(3) The Sentence Material shall include the following:
(i) the Information or Indictment and sentence;
(ii) a Statement of Facts as related to the trial judge;
6
Alberta Rules of Court
Volume 2
Court of Appeal Criminal Rules
Rule 852
(iii) any pre-sentence or post-sentence reports;
(iv) a transcript of the Reasons for Judgment and for sentence given by
the trial judge; the criminal record, if any, of the convicted person,
as disclosed to the trial judge.
(4) Where an appeal book has been filed, the Sentence Material need not include
any material already contained in the Appeal Book.
(5) Six (6) copies of written material to be used in support of a respondent's
argument shall be filed with the registrar three (3) days before the opening of the
Court, unless the Court otherwise orders, and a further copy shall be forthwith
served upon the appellant.
Sentence Appeals without Counsel
852(1) In an appeal against sentence, where the appellant is not represented by
counsel, he may present his argument orally or in writing, but in order to do so
orally, he must signify in his notice of appeal his desire to be present, if he is in
custody.
(2) Any argument in writing shall be filed with the registrar prior to the day
fixed for the hearing.
Sentence Appeals Generally
Criminal Code Reference S.614
853(1) In an appeal against sentence by a convicted person, the AttorneyGeneral, if he intends upon the hearing of the appeal to contend that the sentence
should be increased or varied, shall, not less than three (3) days before the
commencement of the sittings of the Court at which the appeal comes to be
heard, give notice of such intention in writing to the appellant or his counsel.
(2) In any appeal against sentence by either a convicted person or the Attorney
General, the Court of its own motion may treat the whole matter of sentence as
open, and on an appeal by a convicted person, may increase or vary the sentence,
and on an appeal by the Attorney General, decrease or vary the sentence,
provided that notice that such increase or variation is to be considered, is given
by the Court so that the convicted person or the Attorney General may be heard
on such disposition.
Appeals Other than Sentence Appeals
854(1) Except in sentence appeals, or unless otherwise ordered, the appellant
shall:
(i) file six (6) copies of an appeal book with the registrar;
(ii) deliver one (1) copy of the appeal book to the respondent.
7
Alberta Rules of Court
Volume 2
Court of Appeal Criminal Rules
Rule 855
(2) The appeal book shall be furnished to the appellant upon payment of the
fees from time to time authorized by the tariff of fees payable to the office of the
court reporters.
(3) Unless otherwise ordered by the Court or a judge thereof. the Appeal Book
shall contain:
(i) the Information or Indictment;
(ii) the transcript of the evidence, including exhibits;
(iii) Counsels' addresses;
(iv) charge to the jury;
(v) Reasons for Judgment;
(vi) formal certificate of conviction (or acquittal);
(vii) Notice of appeal (or notice of application for leave to appeal).
855 Except in sentence appeals, or unless otherwise ordered,
(1) When an appellant is represented by counsel, the appellant shall:
(i) file six (6) copies of a factum with the registrar;
(ii) deliver one (1) copy of a factum to the respondent twenty-eight
(28) days before the date of commencement of the sittings at
which the appeal is to be heard.
(2) when a respondent is represented by counsel, the respondent shall:
(i) file six (6) copies of a factum with the registrar;
(ii) deliver one (1) copy of a factum to the appellant fourteen (14)
days before the date of commencement of the sittings at which the
appeal is to be heard.
Furnishing Certified Copies
Criminal Code Reference S.438(2)(d)(v)
856 The Provincial judge before whom a trial took place, or the clerk of the
Court shall, upon request, forward to the Attorney General and to counsel who
acted for the Attorney General at the trial, certified copies of the documents,
exhibits and things connected with the proceedings which are in his custody and
control, and which are required for the purposes of an appeal.
8
Alberta Rules of Court
Volume 2
Court of Appeal Criminal Rules
Rule 857
Report of a Trial Judge
Criminal Code Reference S.609(1)
857(1) where an appeal is taken or an application for leave to appeal is made,
the trial judge shall, at the request of the Court or a judge thereof, furnish to the
registrar a report on the case or on any matter relating to the case which is
specified in the request.
(2) Forthwith after the registrar receives the report, he shall mail a copy of it to
the appellant and to the respondent, or to their counsel.
Disposition of Documents and Exhibits
858(1) Subject to the other subsections of this Rule, all documents, exhibits and
things connected with a trial shall be retained by the Provincial judge or by the
clerk of the Court for forty (40) days after sentence or acquittal, as the case may
be.
(2) At any time after a trial, the trial judge or an Appellate judge may make such
order as to the custody or conditional release of any document, exhibit or thing as
the special circumstances of the case may require.
(3) Upon the filing of written consents by the accused or his counsel, and by the
Attorney General or his counsel, the Provincial judge or the clerk of the court
Shall deliver any document, exhibit or thing in accordance with such consents.
(4) Upon receipt of a copy of a notice of appeal, the Provincial judge or the
clerk of the Court shall forward to the registrar all documents, exhibits and things
connected with the proceedings at the trial, other than such as may already have
been released pursuant to sub-sections (2) and (3) hereof.
Verification of Transcripts
and Depositions at Trial
Criminal Code Reference S.468-S.487-S.575
859(1) A transcript of the evidence of proceedings taken in shorthand at a trial
and certified by the official court reporter who made or extended the transcript
shall be prima facie proof of such evidence and proceedings.
(2) Where the evidence and proceedings are not taken by a court reporter, but by
a sound-recording apparatus, as authorized under Provincial legislation, a
transcript of such recording, certified by a court recorder, shall be prima facie
proof of such evidence and proceedings.
9
Alberta Rules of Court
Volume 2
Court of Appeal Criminal Rules
Rule 860
(3) Where the evidence and proceedings are not taken by a court reporter, and
are not taken by a sound-recording apparatus, as authorized under Provincial
legislation, then depositions taken in accordance with s. 468 shall be prima facie
proof of such evidence and proceedings.
(4) In this Rule, “official court reporter” means
(i) a person appointed as an official court reporter by order of the
Attorney General, or
(ii) a certified shorthand reporter under the Alberta Shorthand
Reporters Regulation (A.R. 197/96).
Compensation or Restitution of Property
Criminal Code Reference S.653-S.654-S.655-S.616
860 An order for the restitution of property under ss. 653, 654 or 655 shall
provide for securing the safe custody of the property referred to in the order, for
the period during which its operation is suspended by virtue of s. 616.
Release from Custody Pending Appeal
Criminal Code Reference S.608(1)(a)
860A(1) All applications for release from custody pending the determination of
an appeal to the Court shall be made to an Appellate judge. No application for
release from custody pending the determination of an appeal shall be entertained
unless the applicant has filed with the registrar a notice of appeal or an
application for leave to appeal.
Criminal Code Reference S.608(1)(b)
(2) No application for release from custody pending the determination of an
appeal from sentence only shall be granted unless the appellant has been granted
leave to appeal.
(3) An application for leave to appeal may be combined and heard with an
application for release from custody pending appeal.
Criminal Code Reference S.608(1)(c)
(4) No application for release pending the determination of an appeal or motion
for leave to appeal to the Supreme Court of Canada shall be entertained unless
the applicant has filed and served his notice of appeal, or, where leave is
required, his application for leave to appeal.
10
Alberta Rules of Court
Volume 2
Court of Appeal Criminal Rules
Rule 860
Criminal Code Reference S.608(2)
860B(1) Where an applicant applies for release from custody pending
determination of appeal, he shall give written notice of such application to the
prosecutor. Such notice shall be two (2) clear days' notice, unless both parties
attend upon an Appellate judge or the judge otherwise orders.
(2) The application shall be supported:
A. by an affidavit stating:
(i) his places of abode in the three years preceding his conviction,
and where he proposes to reside if released;
(ii) his employment, if any, prior to conviction, and whether he
expects to be employed if released;
(iii) his criminal record, if any, including convictions outside Canada;
(iv) whether criminal charges are, at the time of the application,
pending against him, either in Canada or elsewhere.
B. by his undertaking to surrender himself into custody in accordance with
the terms of any order granted.
(3) An Appellate Court judge may dispense with the filing of the affidavit
referred to above, and may act upon a statement of facts conveyed to him by
counsel for the applicant and for the Attorney-General, which statements of fact
the judge may require each counsel to put in writing and file with the registrar.
(4) A judge of the Court which orders a new trial may forthwith entertain an
application for interim release pending the new trial.
Abandonment of Appeals
860C(1) An appellant who desires to abandon an appeal may do so at any time
before the hearing of the appeal commences by completing a Notice of
Abandonment in Form "C", or to like effect, and by filing or sending the same to
the registrar. Form "C" shall be signed by the appellant, or by his solicitor of
record in the appeal. In the former case, the signature of the appellant shall be
verified by affidavit or witnessed by a solicitor or by an officer of the institution
in which the appellant is confined.
(2) Notwithstanding subsection (1) of this Rule, the appellant may be given
leave by the Court to abandon an appeal after the commencement of argument.
(3) An appeal which is abandoned shall be as if no appeal had been taken.
11
Alberta Rules of Court
Volume 2
Court of Appeal Criminal Rules
Rule 860
Dissemination of Rules
860D A sufficient number of copies of these Rules shall be prepared by the
registrar at Calgary (Edmonton) and sent to every keeper of a Provincial Gaol in
Alberta, and to the wardens of the Penitentiary at Prince Albert, and the
Penitentiary at Drumheller, and such other penal institutions in Alberta as may be
operated by the Government of Canada, and the registrar shall also send to the
said keepers and wardens a copy of Sections 603, 607, 610 and 612 of the
Criminal Code for any convicted person in his custody who requests the same.
860E These Rules shall come into force on the 1st day of January, A.D. 1978,
on which date the Rules respecting criminal appeals to the Appellate Division of
the Supreme Court of Alberta heretofore in force cease to be in force, without
prejudice to any proceedings under the said Rules which may have been taken
prior to the 1st day of January, A.D. 1978.
12
Alberta Rules of Court
Volume 2
Court of Appeal Criminal Rules
Rule Form “A”
Form “A” — To Be Used when Appellant Is
Not Represented by Counsel - Rule 845 (1)
_____________________________ APPELLANT
Her Majesty the Queen
RESPONDENT
To: The Registrar, Appellate Division,
Supreme Court of Alberta,
The Court House,
_______________, Alberta.
Notice of Appeal
On the ____ day of ____________, 19____, at ________________________
Alberta, I was convicted on charges of
________________________________________________________________
in the Provincial Court District Court Supreme Court and
was sentenced to
________________________________________________________
At trial I pleaded GUILTY NOT GUILTY My address is:
_________________________________________________________________
_________________________________________________________________
I, the above appellant, hereby give notice that I desire to appeal, and if necessary
for me to do so, to apply for leave to appeal against:
CONVICTION ONLY SENTENCE ONLY or both CONVICTION and SENTENCE for the following reasons:
(SET OUT REASONS). (If the space is insufficient, put additional grounds on
the reverse side of this form).
I wish Do not wish to be present at the hearing of the appeal. (S.615)
If a new trial is ordered and I have a right to trial by judge and jury, I wish do not wish trial by judge and jury. [S.613(5)]
DATED this ____ day of ____________, 19_______.
(SIGNED)_______________________________________________________
APPELLANT.
(IF APPELLANT IS IN CUSTODY - 3 copies of this Notice of Appeal are to be
served upon the Warden or designate of the Warden of the institution in which
the Appellant is imprisoned within thirty (30) days of the sentence being imposed
on him.)
(IF APPELLANT NOT IN CUSTODY - 3 copies of this Notice of Appeal are to
be filed in the office of the Registrar or mailed to him by registered mail within
thirty (30) days from the date of the sentence imposed on him.)
to appeal against:
13
Alberta Rules of Court
Volume 2
Court of Appeal Criminal Rules
Rule Form “B”
NOTICES TO THE APPELLANT: (1) TAKE NOTICE THAT ON AN APPEAL
FROM SENTENCE, THE APPELLATE DIVISION HAS THE POWER NOT
ONLY TO DECREASE SENTENCE, BUT TO INCREASE IT, IF THE
COURT CONSIDERS THE SENTENCE INADEQUATE.
(2) TAKE NOTICE THAT ON AN APPEAL FROM CONVICTION, APPEAL
BOOKS ARE ESSENTIAL. SUCH BOOKS ARE TO BE ORDERED BY THE
APPELLANT FROM THE OFFICE OF THE COURT REPORTERS AND
WILL BE FURNISHED BY THE COURT REPORTERS AT THE EXPENSE
OF THE APPELLANT. ON THE FILING OF THIS NOTICE OF APPEAL,
THE REGISTRAR WILL ADVISE THE APPELLANT OF THE COST OF
SUCH APPEAL BOOKS, AND WILL ADVISE AS TO THE OBTAINING OF
ADVICE AS TO LEGAL AID PROCEDURES AVAILABLE IF THE
APPELLANT HAS NOT THE FUNDS TO PAY FOR THE APPEAL BOOKS.
14
Alberta Rules of Court
Volume 2
Court of Appeal Criminal Rules
Rule Form “B”
Form “B” — To Be Used Where Notice Is Filed
by Counsel for an Appellant or on Behalf of the
Attorney-General — Rule 845 (2)
In the Supreme Court of Alberta
Appellate Division
____________________________________________APPELLANT
____________________________________________RESPONDENT
To: The Registrar,
Appellate Division,
Supreme Court of Alberta,
_________________, Alberta.
Notice of Appeal
Particulars
1.
The Appeal is in respect of indictable offence, or by way of further Appeal
from the District Court in respect of a summary conviction offence.
[INDICTABLE OFFICE SUMMARY CONVICTION ]
2.
Place of Trial (or District Court Appeal) ____________________________
3.
Name of Judge ________________________________________________
4.
Name of Court ________________________________________________
5.
Name of Crown Prosecutor at Trial ________________________________
6.
Name of Defence Counsel at Trial _________________________________
7.
Offences of which Appellant convicted or acquitted ___________________
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
8.
Sections of the Criminal Code or other Statutes under which Appellant
convicted
_____________________________________________________
9.
Plea at Trial ___________________________________________________
10. Sentence imposed ______________________________________________
11. Date of Sentence or Acquittal _____________________________________
15
Alberta Rules of Court
Volume 2
Court of Appeal Criminal Rules
Rule Form “B”
12. If Appellant in custody, place of incarceration ________________________
_____________________________________________________________
TAKE NOTICE that the Appellant: (mark with an "x" which of the
following are applicable:
(1) appeals against conviction (or acquittal) on grounds involving a
question of law alone (2) applies for Leave to Appeal his conviction on grounds involving a
question of fact alone or a question of mixed law and fact, and if Leave
be granted, hereby appeals against the said conviction (3) applies for Leave to Appeal against sentence, and if leave be granted,
hereby appeals against the sentence The grounds of Appeal are annexed hereto.
The relief sought is
__________________________________________
_________________________________________________________
_________________________________________________________
(The Appellant wishes hearing of the Appeal.)
does not wish to be present at the
If a new Trial is ordered and the Apellant has a right to a Trial by Judge
and Jury, the Appellant wishes does not wish the new Trial to be by Judge and Jury.
The Appellant’s adress of service is ____________________________
_________________________________________________________
DATED at_________, Alberta, this_______day of_______, 19___
________________________________
[COUNSEL FOR] THE APPELLANT
16
Alberta Rules of Court
Volume 2
Court of Appeal Criminal Rules
Rule Form “B”
Form “C”
[Rule 860 C.]
In the Supreme Court of Alberta
Appellate Division
____________________________________________APPELLANT
____________________________________________RESPONDENT
To: The Registrar,
Appellate Division,
Supreme Court of Alberta,
_________________, Alberta.
I, ____________________________________________________
hereby give notice that I abandon my Appeal
DATED at ____________________________________________
Alberta, the________day of_________19___
THIS NOTICE WAS SIGNED
IN THE PRESENCE OF:
____________________________________________
WITNESS
____________________________________________
APPELLANT (OR HIS SOLICITOR,
AS THE CASE MAY BE).
NOTE:
If this notice of abandonment of Appeal is signed by the appellant
personally, Rule 860 C. (1) requires that his signature must be
verified by Affidavit or witnessed by a solicitor, or by an officer of
the institution in which he may be confined).
The Rules relating to Criminal Appeals above set out and attested by the
members of the Appellate Division of the Supreme Court of Alberta have been
made by the Appellate Division of the Supreme Court of Alberta with the
concurrence of all judges thereof present at a meeting called for the purpose held
at Edmonton, Alberta, on the 8th day of September, A.D. 1977, pursuant to
section 438 of the Criminal Code.
17
Alberta Rules of Court
Volume 2
Court of Appeal Criminal Rules
Rule Form “B”
_____________________________
McGILLIVRAY, C.J.A.
_____________________________
CAIRNS, J.A.
_____________________________
McDERMID, J.A.
_____________________________
SINCLAIR, J.A.
_____________________________
CLEMENT, J.A.
_____________________________
LIEBERMAN, J.A.
_____________________________
PROWSE, J.A.
_____________________________
MOIR, J.A.
_____________________________
HADDAD, J.A.
_____________________________
MORROW, J.A.
Can. Gaz. 28th September, 1977
18
Alberta Rules of Court
Volume 2
Provincial Court
Civil Division Regulation
(Consolidated up to 139/2014)
ALBERTA REGULATION 329/89
Provincial Court Act
PROVINCIAL COURT CIVIL
DIVISION REGULATION
Table of Contents
1
1.1
Definitions
Monetary limits
2
Place of hearing
3
Entering of judgment
4
Notice of appeal
5
Commencement
Definitions
1 In this Regulation,
(a) “Act” means the Provincial Court Act;
(b) “civil claim” means a summons referred to in Part 4 of the Act.
AR 329/89 s1
Monetary limits
1.1 For the purposes of section 9.6(1)(a)(i) of the Act, $50 000 is hereby
prescribed as the amount in respect of which the Court has jurisdiction to hear
and adjudicate on any claim or counterclaim referred to in section 9.6(1)(a)(i) of
the Act.
AR 179/97 s2;251/2001; 215/2002;139/2014
Place of hearing
2 When a matter is set for a hearing pursuant to section 27 of the Act, the clerk
shall set the hearing at the place where the Court holds regular sittings that in the
opinion of the clerk is nearest to either the place where
(a) the defendant or one of the co-defendants resided or carried on
business at the time that the civil claim was issued, or
1
September, 2014
Alberta Rules of Court
Volume 2
Provincial Court
Civil Division Regulation
(b) the cause of action arose.
AR 329/89 s2;251/2001
Entering of judgment
3 Any judgment obtained under Part 4 of the Act that is to be entered at the
Court of Queen’s Bench shall be entered at the judicial centre that is, by road,
closest to the court at which the judgment was obtained..
AR 329/89 s3;164/2010
Notice of appeal
4 Where a judgment is to be appealed pursuant to section 46(1)(a)(i) of the Act,
the notice of appeal shall be filed at the judicial centre that is, by road, closest to
the court at which the judgment was obtained.
AR 329/89 s4;251/2001;164/2010
Commencement
5 This Regulation comes into force on the day that the Provincial Court
Amendment Act, 1989 comes into force.
AR 329/89 s5
2
September, 2014
Alberta Rules of Court
Volume 2
Provincial Court
Civil Claims Forms
(Consolidated up to 176/2012)
ALBERTA REGULATION 55/2001
Provincial Court Act
PROVINCIAL COURT CIVIL CLAIMS
FORMS REGULATION
Form of civil claim
1(1) The copy of a civil claim that is retained by the Court must be in Form 1 of
the Schedule.
(2) The copy of a civil claim that is served on a defendant must be in Form 2 of
the Schedule.
Form of dispute note
2 A dispute note must be in Form 3 of the Schedule.
Repeal
3 The Provincial Court Civil Division Forms Regulation (AR 317/89) is
repealed.
Coming into force
4 This Regulation comes into force on April 1, 2001.
Schedule
Form 1
Action No.
Provincial Court of Alberta
Civil
Plaintiff
and
Defendant
Civil Claim
The Plaintiff Claims from the Defendant $_______________________
_____________________________________ and costs of this action. The
Claim arose at ___________, Alberta on or about
(date)
).
1
July, 2013
Alberta Rules of Court
Volume 2
Provincial Court
Civil Claims Forms
The reasons for the Claim are:
I will be calling
witnesses.
I abandon that part of my Claim that exceeds the financial jurisdiction of this
Court.
I understand and agree that I cannot recover in this Court or any other court
the part of my Claim that is abandoned.
The Plaintiff’s address for service is:
City
Province
Postal Code
Res. Phone
Bus. Phone
Province
Postal Code
Res. Phone
Bus. Phone
Province
Postal Code
Res. Phone
Bus. Phone
The Defendant’s address is:
City
The Defendant’s address is:
City
Dated __________________
_____________________________
Signature of Plaintiff/Agent/Solicitor
at _____________, Alberta
______________________________
Print Name
The Court’s Address is:
Website address:
www.albertacourts.ab.ca
Issued by the Provincial Court of
Alberta on _________________
_______________________
Clerk of the Provincial Court
2
July, 2013
Alberta Rules of Court
Volume 2
Provincial Court
Civil Claims Forms
Form 2 (Front)
Action No.
Provincial Court of Alberta
Civil
Plaintiff
and
Defendant
Civil Claim
The Plaintiff Claims from the Defendant $_______________________
_____________________________________ and costs of this action.
The Claim arose at ___________, Alberta on or about
(date)
The reasons for the Claim are:
I will be calling
witnesses.
I abandon that part of my Claim that exceeds the financial jurisdiction of this
Court.
I understand and agree that I cannot recover in this Court or any other court
the part of my Claim that is abandoned.
The Plaintiff’s address for service is:
City
Province
Postal Code
Res. Phone
Bus. Phone
Province
Postal Code
Res. Phone
Bus. Phone
Province
Postal Code
Res. Phone
Bus. Phone
The Defendant’s address is:
City
The Defendant’s address is:
City
3
July, 2013
Alberta Rules of Court
Volume 2
Provincial Court
Civil Claims Forms
Dated __________________
_____________________________
Signature of Plaintiff/Agent/Solicitor
at _____________, Alberta
______________________________
Print Name
The Court’s Address is:
Website address:
www.albertacourts.ab.ca
Issued by the Provincial Court of
Alberta on _________________
_______________________
Clerk of the Provincial Court
Important Notice to Defendant on other side - TURN OVER
Form 2 (Back)
Notice to Defendant
Within 20 days of receiving this Civil Claim (30 days if served outside of
Alberta), you must:
1
pay to the Court office the amount of the Civil Claim plus costs (contact the
Court office) by cash, certified cheque, money order or debit card (if
available) only. A Court appearance will not be necessary if you choose
this option.
or
2
dispute the Civil Claim by completing and then delivering the attached form
of Dispute Note in person, by fax machine or by mail to the Court office at
the address shown on the other side (turn over). The Court office must
receive the form of the Dispute Note within the 20-day (30-day) time limit.
If you do not pay or dispute the Civil Claim, judgment may be entered
against you for the amount of the Claim, interest and costs.
It is your responsibility to notify the Court office of any change in your
address.
4
July, 2013
Alberta Rules of Court
Volume 2
Provincial Court
Civil Claims Forms
Form 3 (Front)
Action No.
For office use only
Received at
a.m.
p.m.
Provincial Court of Alberta
Civil
Plaintiff
and
Defendant
Dispute Note on behalf of the following parties:
__________________
1
I dispute the Plaintiff’s Civil Claim for the following reasons:
2
I Counterclaim or Claim a set-off for $________________, for the following
reasons:
I will be calling __________ witnesses.
I abandon that part of my Counterclaim that exceeds the financial
jurisdiction of this Court. I understand and agree that I cannot recover in
this Court or in any other court the part of my Counterclaim that is
abandoned.
My address for service is:
City
Province
Postal Code
Res. Phone
Bus. Phone
Dated __________________
_____________________________
Signature of Plaintiff/Agent/Solicitor
at _____________, Alberta
______________________________
Print Name
See other side (turn over) for important instructions to the Defendant.
5
July, 2013
Alberta Rules of Court
Volume 2
Provincial Court
Civil Claims Forms
Form 3 (Back)
Things to Know to Dispute this Civil Claim
If you do not have a legitimate reason for disputing a claim, filing a Dispute
Note may result in increased costs to you.
1
In paragraph 1, state clearly the reasons you are disputing the Civil Claim. If
you dispute only part of the Civil Claim, set out which part is disputed.
2
In paragraph 2, if you are claiming an amount from the Plaintiff, clearly set
out the amount you are claiming and the reasons.
3
In paragraph 3, set out an address at which documents may be served on
you.
4
Deliver the completed Dispute Note in person, by fax machine or by mail to
the Court address shown on the front of the Civil Claim, within the time
limit set out on the Notice to the Defendant, on the back of your copy of the
Civil Claim. Call the Court office if you need help to count the number of
days.
After you have delivered the Dispute Note, you will be notified in writing by the
Court of the time, date and place of the appearance.
Please do not send any additional material with the Dispute Note (i.e. books,
papers, etc.).
It is your responsibility to notify the Court office of any changes in your
address.
AR 55/2001 Sched.;176/2012
6
July, 2013
Alberta Rules of Court
Volume 2
Provincial Court
Civil Division Mediation Rules
ALBERTA REGULATION 271/97
Provincial Court Act
MEDIATION RULES OF THE
PROVINCIAL COURT — CIVIL DIVISION
Table of Contents
1
Definitions
2
Referral to mediation
3
Counsel’s duty to notify client and to confirm
4
Scheduling of mediation
5
Attendance and representation
6
Confidentiality
7
Impartiality
8
Inadmissibility in other court proceedings
9
Requirement as to good faith
10
Mediator’s immunity from suit
11
Exemption from mediation requirement
12
Need for notice of completion to fix trial date
13
Failure to resolve, or termination
14
Court’s power in case of non-attendance
15
Time limit for mediation
16
Costs for further scheduling
17
Notice of completion of mediation
18
Closure where agreement performed
19
Forms
20
Application
Definitions
1 In these Rules,
(a) “Court” means the Civil Division of the Provincial Court;
(b) “mediated agreement” means any written agreement reflecting a
consensus reached among the parties under these Rules as a result of a
mediation session;
(c) “mediation co-ordinator” means a supervisor of the Court’s mediation
program in the office of the Clerk of the Court who holds the position
of mediation co-ordinator;
1
Alberta Rules of Court
Volume 2
Provincial Court
Civil Division Mediation Rules
(d) “mediation session” means a negotiation session arranged by or under
the auspices of the Court at which a mediator assists the parties to
identify the issues and the parties’ interests, structures their
discussions, facilitates communication among them and provides them
with the opportunity to resolve their case in a mutually agreeable way
with a view to settling the action and thereby obviating the need for a
trial;
(e) “mediator” means a person appointed by the Court or by a mediation
co-ordinator as a result of the application of these Rules.
Referral to mediation
2(1) At any time after a dispute note is filed, the Court or a mediation coordinator may refer the action for mediation, on giving notice to the parties or,
where they are represented, to their counsel.
(2) On the request of any party, the Court or a mediation co-ordinator may refer
the action for a mediation session.
Counsel’s duty to notify client and to confirm
3 On receipt of a notice pursuant to Rule 2, counsel for a party shall
immediately provide a copy to that party and confirm to a mediation co-ordinator
in writing that this has been done.
Scheduling of mediation
4(1) Where only one defendant is named in the action, a mediation session may
be scheduled after a dispute note is filed.
(2) Where 2 or more defendants are named, a mediation session may be
scheduled after
(a) a dispute note has been filed by one or more defendants, and
(b) a period of 20 days has passed since the filing of the civil claim.
Attendance and representation
5(1) All the parties receiving notice under Rule 2(1) shall attend at a mediation
session.
(2) If a party is incorporated, the corporation must be represented by an
individual who has knowledge of the facts and authority to resolve the action
on the corporation’s behalf.
(3) Counsel or an agent may attend with a party at a mediation session.
2
Alberta Rules of Court
Volume 2
Provincial Court
Civil Division Mediation Rules
(4) Other persons may attend with the consent of all the parties and the
mediation co-ordinator or the mediator.
Confidentiality
6(1) Whatever is said at a mediation session is confidential if the parties have
agreed that it is to be kept confidential.
(2) Subrule (1) does not apply
(a) to anything contained in a mediated agreement, or
(b) to evidence that is admitted under Rule 8(6)(b).
Impartiality
7 A mediator must be impartial and shall act impartially.
Inadmissibility in other Court proceedings
8(1) Anything said at a mediation session is inadmissible in any proceeding
before the Court.
(2) Any document or electronic record prepared or generated for the purposes of
a mediation session is privileged in the hands of the person to whom it belongs.
(3) Neither the mediator nor any other person present at the mediation session
may be subpoenaed or otherwise required to testify or to produce records or notes
relating to the mediation in any proceeding before the Court.
(4) A mediation session may not be taped, nor transcripts of it kept.
(5) Any record of what took place at a mediation session is not admissible before
the Court, unless the parties agree in writing.
(6) This Rule does not
(a) apply to a mediated agreement, or
(b) prevent the admission of factual evidence relating to the cause of
action that would be admissible apart from subrule (1) or (2).
Requirement as to good faith
9 All parties to a mediation session and, if applicable, their representatives must
negotiate in good faith.
3
Alberta Rules of Court
Volume 2
Provincial Court
Civil Division Mediation Rules
Mediator’s immunity from suit
10(1) No proceedings lie against a mediator or Her Majesty the Queen in right
of Alberta for anything done or not done while discharging or purporting to
discharge responsibilities under these Rules.
(2) A mediator has the same immunity from civil suit as has a judge of the
Court.
Exemption from mediation requirement
11 Notwithstanding anything in these Rules, any party may apply to the Court,
on at least 2 days’ notice being given to all the other parties, for an order
exempting the parties from the application of these Rules, and the Court may, if
it considers that there is good and sufficient reason to do so, make an order to
that effect setting out that reason.
Need for notice of completion to fix trial date
12 In order to arrange the fixing of a trial date, the parties must obtain, and there
must be produced to the Clerk of the Court, a notice of completion of mediation.
Failure to resolve, or termination
13 Where the parties have completed a mediation session or any party or the
mediator has terminated the mediation session for a reason which, in the
mediator’s opinion, is valid, the parties are to receive a notice of completion of
mediation.
Court’s power in case of non-attendance
14(1) Where a party did not attend a scheduled mediation session or attended
without the attendance of any person required by Rule 5, a mediation coordinator shall complete a certificate of non-attendance at mediation.
(2) Following the completion of the certificate and on application by any party
on at least 2 days’ notice to all the other parties, the Court may make any one or
more of the following orders:
(a) an order that further mediation occur, on any terms that the Court
considers appropriate;
(b) an order that the pleadings of the non-complying party be struck out,
unless that party satisfies the Court there was a reasonable excuse for
the non-attendance and that striking out the party’s pleadings would be
inequitable;
(c) an order that the action proceed to trial;
(d) such order as to costs as is appropriate in the circumstances;
4
Alberta Rules of Court
Volume 2
Provincial Court
Civil Division Mediation Rules
(e) such other order as is appropriate in the circumstances.
Time limit for mediation
15 A mediation session must occur within 3 months after the filing of the last
dispute note filed in the action, unless the Court extends that period, which
extension may be made before or after the end of that 3-month period.
Costs for further scheduling
16 If a mediation does not proceed because of the non-attendance of one or
more of the parties or of a representative of a party, the Court may, on
application to it or at trial, order each non-attending party to pay costs of $50 to
the other parties, with the $50 costs being prorated among all the other parties if
more than one.
Notice of completion of mediation
17 If a party seeks to have a trial date fixed, the party must, with the request,
file with the Clerk of the Court a notice of completion of mediation and, if the
party considers that a mediated agreement has been breached, a written statement
to that effect.
Closure where agreement performed
18 If a mediated agreement has been fully performed, the parties shall ensure
that
(a) a notice of withdrawal of the action is or has been filed, or
(b) consent judgment is or has been given.
Forms
19 All notices, certificates and other documents referred to in or used for the
purposes of these Rules are to be in the form required by the Court.
Application
20 These Rules apply in respect of a judicial district or a particular court facility
only if the chief judge of the Court has designated that district or facility for the
purposes of these Rules.
5
Alberta Rules of Court
Volume 2
Provincial Court Act
Fees and Costs Regulation
(Consolidated up to 76/2015)
ALBERTA REGULATION 18/91
Provincial Court Act
PROVINCIAL COURT
FEES AND COSTS REGULATION
Table of Contents
Civil Division
1
1.1
1.2
2
Fees payable
Waiver of fees
Witness fees
Costs payable between parties
Criminal Division and Family
and Youth Division
3
3.01
Fees payable
Waiver of fees
All Divisions
3.1
3.2
3.3
4
5
Fee exemption: peace officers
Fee exemption: Justice Canada
Waiver of fees
Repeal
Coming into force
Civil Division
Fees payable
1 The fees payable to the clerk of the Provincial Court are as follows:
(a) for the issuance of a civil claim
(i) for claims of $7500 or less
$100.00;
(ii) for claims exceeding $7500
$200.00;
(a.1) for filing a dispute note without a counterclaim
$25.00;
(a.2) for filing a dispute note with a counterclaim,
(i) for counterclaims of $7500 or less
$75.00;
(ii) for counterclaims exceeding $7500
$125.00;
(a.3) for filing a third party claim
$50.00;
1
July, 2015
Alberta Rules of Court
Volume 2
Provincial Court Act
Fees and Costs Regulation
(a.4) for filing an application in the
course of an action or proceeding
$50.00;
(b) for filing a Notice of Application under Part 5 of the
Residential Tenancies Act, including the preparation
of any order granted by the Court
(i) for claims of $7500 or less
$100.00;
(ii) for claims exceeding $7500
$200.00;
(c) for each search of a name, including the
inspection of one file
$10.00;
(d) for inspection of a file
$10.00;
(e) for each certification of a document
$10.00;
(e.1) for certification of one copy of a document
at time of filing document
no charge;
(f) for a copy of a document, per page
$1.00;
(g) for each transcript and for each additional copy of
a transcript of a court proceeding
as specified in
Schedule B to the
Alberta Rules of Court
(AR 124/2010)
AR 18/91 s1;220/93;47/2002;216/2002;164/2010;71/2015
Waiver of fees
1.1 The clerk of the Court may waive the whole fee or part of the fee payable
under section 1(a) to (b) by an individual who the clerk, applying the guidelines
(if any) established by the Minister of Justice and Solicitor General, considers is
unable to pay that fee.
AR 216/2002 s3;71/2015;76/2015
Witness fees
1.2(1) The prescribed fee payable to a witness served a notice to attend a
hearing is as follows:
(a) for non-expert witness, per day
$10.00;
(b) for an expert witness, per day
$20.00.
(2) The expense payable to a witness for transportation to attend a hearing is as
follows:
(a) subject to clause (b), using
a private motor vehicle,
the amount set
out in section 15 of
the Public Service
Subsistence, Travel
and Moving Expenses
Regulation;
2
July, 2015
Alberta Rules of Court
Volume 2
Provincial Court Act
Fees and Costs Regulation
(b) if in a judge’s opinion public
transportation can be used on a
timely basis and an amount should
not be paid under clause (a),
the actual
cost of public
transportation.
AR 139/2008 s2
Costs payable between parties
2 The costs payable as between parties are as follows:
(a)-(d) repealed AR 71/2015 s1;
(d.1) for fees paid to the clerk under section 1(a) to (d), the amount of the
fees actually paid;
(e) for service of a civil claim
(i) by a private process server
the actual cost
to a maximum of
$50.00;
(ii) by a method of mailing
as designated in the
Provincial Court Act
the actual cost;
(iii) as directed by the Court
as fixed by the judge;
(f) for conducting a search of any registry
maintained by the Government of Canada,
the Government of Alberta or a local authority
the actual cost;
(g) repealed AR 216/2002 s4;
(h) for the prescribed fee paid to a witness to attend a hearing
(i) for a non-expert witness, per day
$10.00;
(ii) for an expert witness, per day
$20.00;
(i) for the expense paid to a witness for transportation to attend a hearing
(i) subject to subclause (ii), using
a private motor vehicle,
(ii) if in a judge’s opinion public
transportation can be used on a
timely basis and an amount should
not be paid under subclause (i),
3
the amount set out
in section 15 of
the Public Service
Subsistence, Travel
and Moving Expenses
Regulation;
the actual
cost of public
transportation;
July, 2015
Alberta Rules of Court
Volume 2
Provincial Court Act
Fees and Costs Regulation
(j) repealed AR 216/2002 s4;
(k) in respect of a default judgment entered
by the clerk under section 40(1) of the
Provincial Court Act, the costs shall be
the actual costs in an amount not exceeding
the following:
(i), (ii) repealed AR 71/2015 s1;
(ii.1) for fees paid to the clerk under section 1(a) to (c), the amount of
the fees actually paid;
(iii) for service of a civil claim
(A) by a private process
server
the actual cost
to a maximum of
$50.00;
(B) by a method of mailing
as designated in the
Provincial Court Act
(C) as directed by the Court
(iv) for conducting a search of
any registry maintained by the
Government of Canada,
the Government of Alberta
or a local authority
the actual cost;
as fixed by
the judge;
the actual cost.
(l) on an application or hearing, payment for additional classes of costs not
otherwise specified in clauses (a) to (k) may be awarded, in the judge’s
discretion.
AR 18/91 S2; 220/93; 251/2001;216/2002;139/2008;71/2015
Criminal Division and
Family and Youth Division
Fees payable
3 The fees payable to the clerk of the Court are as follows:
(a) for filing a claim under the Family Law
Act or an application under the Extra-provincial
Enforcement of Custody Orders Act
(a.1) for each search of a name, including
the inspection of one file
(b) for each inspection of a file
$50.00;
$10.00;
$10.00;
(c) for a copy of a document, per page
$1.00;
(d) for each certification of a document
$10.00.
4
July, 2015
Alberta Rules of Court
Volume 2
Provincial Court Act
Fees and Costs Regulation
(e) repealed AR 220/93 s4.
AR 18/91 s3; 220/93;71/2015
Waiver of fees
3.01 The clerk of the Court may waive the whole fee or part of the fee payable
under section 3(a) by an individual who the clerk, applying the guidelines, if any,
established by the Minister of Justice and Solicitor General, considers is unable
to pay that fee.
AR 76/2015 s1
All Divisions
Fee exemption: peace officers
3.1(1) The this section, “peace officer” means
(a) a member of the Royal Canadian Mounted Police,
(b) a member of a municipal police service within the meaning of the
Police Act;
(c) a special constable within the meaning of the Police Act,
(d) a person whose legal functions include written authorization to issue
violation tickets under Part 2 or 3, or both, of the Provincial Offences
Procedure Act, or
(e) a person appointed under the regulations under the National Defence
Act (Canada) for the purposes of section 156 of that Act
(2) Notwithstanding anything in this Regulation, fees for the search of a name,
the inspection of a file or a copy or the certification of a document are not
payable by a peace officer when the service in question is required in the
execution or discharge of the peace officer’s duties.
AR 216/2002 s5
Fee exemption: Justice Canada
3.2 Notwithstanding anything in this Regulation, fees for the search of a name,
the inspection of a file or a copy or the certification of a document are not
payable by an employee of the Department of Justice (Canada) when the service
in question is required for the recovery of amounts owing under offences under
Acts of the Parliament of Canada
AR 91/2003 s2
Waiver of fees
3.3(1) In this section,
(a) “certificate” means a Legal Aid Certificate issued by the Legal Aid
Society of Alberta;
5
July, 2015
Alberta Rules of Court
Volume 2
Provincial Court Act
Fees and Costs Regulation
(b) “document” means any document that may be filed or issued for which
a fee is payable under section 1(a) to (b) or section 3(a).
(2) If requested to file or issue a document, the clerk of the Court must waive the
fee otherwise payable if presented with a subsisting certificate issued in respect
of the person for whom the document is to be filed or issued.
AR 76/2015 s1
Repeal
4 The Small Claims Division of the Provincial Court Tariff of Fees
Regulation (Alta. Reg. 145/80) is repealed.
AR 18/91 s4
Coming into force
5 This Regulation comes into force on February 1 1991.
AR 18/91 s5
6
July, 2015
Alberta Rules of Court
Volume 2
Provincial Court of Alberta
Practice Notes
Provincial Court of Alberta
Practice Notes
Provincial Court Practice Note “1”
Notice to the Profession
Case Management – Early Case Management
The Provincial Court of Alberta is implementing an Early Case Resolution
Programme across the Province of Alberta effective March 1, 2002.
On May 21, 2000 the Chief Judge struck a committee under the Chairmanship of
Assistance Chief Judge J.A. Wood. The members included Assistant Chief
Judges Brian Stevenson and Peter Caffaro, representatives of the Law Society of
Alberta, the Alberta Branch of the Canadian Bar Association, policing agencies
(Chiefs of Edmonton, Calgary and Lethbridge City and Assistant Commissioner
RCMP), Chief Crown Prosecutors (Edmonton, Calgary, Lethbridge and Senior
Federal Prosecutors Edmonton and Calgary), the Legal Aid Society of Alberta
and the Assistant Deputy Minister of the Department of Justice. The Committee
met throughout the next 10 months, reaching a draft position in March 2001.
The Committee then consulted with members of the Bar and Crown counsel in
Lethbridge, Medicine Hat, Calgary, Red Deer, Wetaskiwin, Edmonton and
Grande Prairie. A unanimous final report was presented to Chief Judge E.J.M.
Walter in early July, 2001.
The Programme addresses issues being considered in other parts of Canada and
which has been tested in a pilot programme in Southern Alberta since 1996. The
initiative represents best a practical approach to early case resolution for all
participants in the criminal justice system which will enhance the administration
of justice in Alberta.
The purpose of early case resolution is to provide Defence and Crown Counsel
an opportunity to address critical issues at the early stages of criminal
proceedings. Upon a first appearance with their client, Defence Counsel will be
given sufficient time to obtain timely disclosure, meet with their client and
receive instructions, meet with Crown Counsel, and assess and determine a
direction prior to election and or plea. Counsel will be able to determine at a
much earlier stage the direction they wish to have their matter proceed. This is
intended to reduce or avoid costly adjournments. A corresponding benefit will
accrue to timing and scheduling of all matters before the courts. We expect
Defence Counsel will find early resolution is in their client’s interests and will
reduce the amount of time spent in court appearances. Early case resolution can
significantly reduce the number of trials being booked as well as the trial
collapse rate. Such reductions result in a benefit to the public, counsel, police
and witnesses by ensuring their time is better considered and not inconvenienced.
1
Alberta Rules of Court
Volume 2
Provincial Court of Alberta
Practice Notes
This initiative has the ability to provide a more productive and effective
operation of the court for all users, and reduce the demand on critical resources.
The support of each of the stakeholders in the justice system is necessary to
achieve expected results. Enhanced quality of service is a benefit to all users.
However, nothing in this programme will diminish the rights of those appearing
before the court.
A review of this programme will be undertaken by the committee before the end
of the 2002-2003 fiscal year. That review will incorporate meetings with all
stakeholders to consider changes, alterations or adjustments needed to ensure this
programme continues to provide the benefits sought for each of the partners in
the system.
Practice Rules – Early Case Resolution
[1] These rules apply to matters where counsel represents the accused.
[2] Reference to ‘parties’ is a reference to Crown and Defence Counsel.
[3] When Defence counsel first appears in court with respect to an information
alleging an offence or offences, the court may adjourn the matter for a period
of time, not exceeding six weeks (“Resolution Adjournment”).
[4] During the Resolution Adjournment the parties will attend to the following
matters:
a. Crown Counsel will as soon as practicable effect disclosure of the case
for the prosecution to Defence Counsel.
b. Defence Counsel will arrange to meet with a Crown Counsel.
c. The Crown will apply such resources as to be able to accommodate
consultation requests from Defence Counsel.
[5]
[6]
[7]
[8]
d. The parties will meet to determine whether the matter may proceed to
resolution or trial, and in the case of a trial, whether any matters can be
resolved prior to trial.
The parties may mutually request a further adjournment, on grounds that a
resolution may be obtained, or that witnesses or trial time may otherwise be
reduced.
Where a trial is scheduled, either party, or the court on its own motion, may
refer the matter to the court for a pre-trial conference.
In the context of trial scheduling the parties will make all reasonable efforts
to ensure that all matters necessary for the conduct of the trial as scheduled
are in order.
Should any circumstances change prior to the trial date, that party shall
forthwith advise the opposite party and the court, and schedule an
appearance as soon as practicable to apply for a trial adjournment.
2
Alberta Rules of Court
Volume 2
Provincial Court of Alberta
Practice Notes
Provincial Court Practice Note “2”
Notice to the Profession
Preliminary Inquiries, and Amendments to The Criminal Code
[v. 3.6 // 2004.05.18]
May 2004 – effective date: June 1, 2004
The portions of Bill C-15A, S.C. 2002 c. 13, and portions of Bill C-14, 3rd Session, 37th Parliament,
52-53 Elizabeth II, 2004 relating to preliminary inquiries are currently scheduled to come into force
on June 1, 2004. This Practice Note comes into force on that date or such other date that the Code
amendments come into force.
Commentary
The amendments to the preliminary inquiry regime represent a change in the
conduct and role of the preliminary inquiry. Notwithstanding these amendments,
the essential function of the preliminary inquiry remains intact, i.e., that for
serious alleged criminal offences for which the accused has elected trial in the
Court of Queen’s Bench the Crown is obliged at law to present the essence of its
case to a judge for a preliminary determination of whether the accused should be
committed to a trial.
The amendments are described in Legislative Summary LS-410E, published by
the Parliamentary Research Branch of the Parliament of Canada, issued October
12, 2001, and amended September 30, 2002. In that document the author states
(emphasis added):
“Preliminary inquiries are pre-trial hearings at which the prosecution must
show that there is evidence to justify putting the accused on trial.
Preliminary inquiries are only conducted in cases where the prosecution is
proceeding by indictment.
As a way of reducing the time it takes to bring criminal cases to trial, and as
a way of minimizing the extent to which complainants (particularly those in
sexual assault cases) are subject to examination and cross-examination,
federal and provincial governments have considered ways to reduce the
number and duration of preliminary inquiries, including abolishing them
altogether. However, it appears for the time being that the federal
government prefers to narrow the scope of preliminary inquiries and reduce
their number. The proposals contained in Bill C-15A are part of this
approach. Other elements of this legislative strategy include increasing the
maximum punishment for offences prosecuted summarily, and the
reclassification of a large number of indictable offences as hybrid offences
(where the Crown has the option of proceeding summarily and thus
precluding a preliminary inquiry). However, these are not addressed in the
bill.”
3
Alberta Rules of Court
Volume 2
Provincial Court of Alberta
Practice Notes
The role of the Court, pursuant to the amendments, is to assist the parties to
conduct and participate in an efficient yet effective preliminary inquiry. This
Practice Note is intended to provide for consistency of process and procedure
throughout Alberta. The procedure and direction set out is meant to provide
guidance to the public, members of the legal profession, court clerks and
administrative staff, and judges of the Provincial Court of Alberta.
Practice Rules – Preliminary Inquiries
[1] Application of Practice Note – this practice note applies to matters where
counsel represents the accused, and, where specifically indicated (as stipulated in
the statutory amendments), unrepresented accused. The practice note applies to
proceedings in ordinary criminal courts and in youth justice court.
[2] Terminology
Accused includes a young person as that term is defined and used under the
Youth Criminal Justice Act.
Clerk of the Court means a clerk of the Provincial Court of Alberta.
Court means the Provincial Court of Alberta and includes the Court sitting
as a Youth Justice Court as that term is defined in the Youth Criminal Justice
Act.
Form (or, form) means a form for the purpose of a preliminary inquiry or
hearing as provided by the Clerk of the Court, or which may be available on
the Alberta Courts web site, or such other document(s) provided by a party
that includes the same contents as such forms, as are described hereafter and
attached hereto, that are acceptable to the Court. Forms for the purposes
herein are not prescribed by the Code amendments, however they have been
created, and are required in order to assist the Court, the parties and Court
administration in the effective implementation of the amendments. The use
of these Forms is not intended to be contrary to the principles in s. 844 or in
s. 849 of the Code.
Information means the document charging the accused with offences
pursuant to the Criminal Code or other Act of Canada or Alberta.
Judge means a judge of the Provincial Court of Alberta. The Criminal Code
uses the term “justice” in, inter alia Part XVIII. Under Alberta law, a justice
of the peace does not have jurisdiction to preside at a preliminary inquiry by
virtue of s. s. 6(4) of the Justice of the Peace Act. When a Code reference
under Part XVIII is to a justice, a Provincial Court Judge has the jurisdiction
referred to in the Province of Alberta. Therefor the use of the term judge in
this Practice Note has the meaning attributed to a justice as that term is used
in Part XVIII, including the relevant amendments which are the subject
matter of this Practice Note.
Party means counsel for the Crown or any accused, but not an unrepresented
accused.
Hearing means a hearing ordered by a judge before whom a preliminary
inquiry is to be held, for the purposes of s. 536.4.
4
Alberta Rules of Court
Volume 2
Provincial Court of Alberta
Practice Notes
Section numbers refer to the amendments to the Criminal Code sections,
enacted as a result of Bill C-15A, S.C. 2002 c. 13, unless otherwise
specified.
[3] Offences governed by the Amendments – The amendments are applicable
to any offence where a right to request a preliminary inquiry exists at law if an
election has not been made by June 1, 2004. If no such election has been made
by that date, the new election pursuant to amended section 536(2) will be read to
the accused.
[4] Preliminary Inquiry Upon Request – Where any of the accused elects or is
deemed to have elected to be tried by a judge alone or a court composed of judge
and jury, a preliminary inquiry will only be held if a party or an unrepresented
accused requests a preliminary inquiry. If no preliminary inquiry is requested the
accused shall be committed for trial on the offences charged. In the latter case
the accused shall be ordered to appear at the next available arraignment date for a
trial date to be fixed.
[5] Preliminary Inquiry requested by accused who is/are represented by
counsel – Where accused represented by counsel request a preliminary inquiry
the presiding judge, as a general rule, will set the matter over for two weeks or
such other time reasonable in the circumstances. This period of time is to enable
the party (for an accused) requesting a preliminary inquiry to fill out a statement
in writing in Form “A” (example copy attached) that identifies: (a) the issues on
which the requesting party wants evidence to be given at the inquiry; and (b) the
witnesses that the requesting party wants to hear at the inquiry, as required by s.
536.3. Disclosure or substantial disclosure of its case should be made by the
Crown to counsel for the accused to allow counsel for the accused to fill out
Form “A”. Where sufficient disclosure has not been made, the judge may allow
sufficient time to make sufficient disclosure. Form “A” shall be filed with the
clerk of the court. A copy of a completed Form “A” shall be delivered by
requesting counsel, by ordinary mail, electronically, or by equivalent means to
counsel for the opposing party and to any unrepresented accused. At any
subsequent appearance the presiding judge may schedule the preliminary inquiry
date. The presiding judge may, alternatively, adjourn the matter to await the
return of Form “A” prior to scheduling the preliminary inquiry date.
Form “A” is the form of document, and thereby the approved mechanism used to
comply with the requirement to submit a statement in writing pursuant to s.
536.3. The clerk of the court shall affix Form “A” to the appropriate Information.
[6] Preliminary Inquiry requested by the Crown – Where a preliminary
inquiry is requested by the Crown the presiding judge, as a general rule, will set
the matter over for two weeks or such other time reasonable in the circumstances.
This period of time is to enable Crown counsel to fill out a statement in writing
in Form “A” that identifies: (a) the issues on which the requesting party wants
evidence to be given at the inquiry; and (b) the witnesses that the requesting
party wants to hear at the inquiry, as required by s. 536.3. A copy of a completed
Form “A” shall be delivered by Crown counsel, by ordinary mail, electronically,
or by equivalent means to counsel for the opposing party(s) and to any
unrepresented accused. At any subsequent appearance the presiding judge may
schedule the preliminary inquiry date. The presiding judge may, alternatively,
5
Alberta Rules of Court
Volume 2
Provincial Court of Alberta
Practice Notes
adjourn the matter to await the return of Form “A” prior to scheduling the
preliminary inquiry date. Counsel for other parties, and any unrepresented
accused may seek directions pertaining to disclosure, as the matter is adjourned
for the purpose of submission of a completed Form “A”.
The clerk of the court shall affix Form “A” to the appropriate Information.
[7] Preliminary Inquiry requested by an unrepresented accused – Where an
unrepresented accused requests a preliminary inquiry, no Form “A” is required.
The matter may be scheduled for a preliminary inquiry by the presiding judge.
Where sufficient disclosure has not been made, the judge may allow sufficient
time to make sufficient disclosure. The presiding judge may, alternatively,
adjourn the matter for other purposes relevant to the preliminary inquiry regime
as provided by law.
[8] Application for s. 536.4 Hearing – The parties, including an unrepresented
accused may apply for a hearing pursuant to s. 536.4(1). Only the judge
scheduled to preside at the preliminary inquiry may entertain an application for a
s. 536.4 hearing. That judge is also empowered to order a s. 536.4 hearing on his
or her own motion. A party or an unrepresented accused making an application
for a s. 536.4 hearing shall execute Form “B” (example copy attached), which
includes a statement of the reasons for the hearing. The reasons for the s. 536.4
hearing must be connected to or justified by one of the reasons specified in s.
536.4(1). Form “B” shall be filed with the clerk of the court.
Form “B” is a form of document prescribed by this Practice Note to record and
caused to be filed with the Clerk. Form “B” is not prescribed at law. However,
Form “B” is derived from and pertinent to s. 536.4. The clerk of the court shall
affix Form “B” to the appropriate Information.
The clerk of the court shall forward a filed Form “B” to the appropriate Assistant
Chief Judge. The Assistant Chief Judge shall appoint a judge to preside at the
preliminary inquiry. The judge who is scheduled to preside at the preliminary
inquiry will consider the application for the s. 536.4 hearing. The consideration
of whether to order a s. 536.4 hearing may be decided by that judge based upon a
filed Form “B,” or the judge may hear the application in chambers, by
teleconference, or in open court. The application shall be made in open court
where there are unrepresented accused.
In the event that a hearing is ordered, the Judge will transmit Form “B” to court
administration for the purposes of scheduling a date for the hearing. The local
judicial scheduling officer will set a date for the hearing, after having obtained
agreement from the parties.
[9] The s. 536.4 Hearing – A s. 536.4 hearing need not take place in a
courtroom (unless there is an unrepresented accused). In addition, a s. 536.4
hearing need not be heard by the judge who is scheduled to preside at the
preliminary inquiry, although it must be ordered by the judge who is scheduled to
preside at the preliminary inquiry. Generally, the judge who is scheduled to
preside at the preliminary inquiry will also conduct a s. 536.4 hearing. Where all
accused are represented by counsel the s. 536.4 hearing should generally take
place in chambers or by teleconference. If any of the accused is unrepresented,
the s. 536.4 hearing shall take place in open court.
6
Alberta Rules of Court
Volume 2
Provincial Court of Alberta
Practice Notes
[10] Agreements and/or admissions arising from a s. 536.4 Hearing – All
admissions of fact or agreements made by the parties, including unrepresented
accused, which result from a s. 536.4 hearing shall be recorded by the judge who
presides at the hearing, pursuant to s. 536.4(2). The parties, including
unrepresented accused shall fill out Form “C” (example copy attached) to
indicate their agreement to the admissions of fact or other agreements that result
from the hearing. The presiding judge shall endorse the completed Form “C” and
submit it to the clerk of the court.
Form “C” is the form of document, and thereby the approved mechanism used to
comply with the requirement to record agreements and or admissions made a s.
536.4 hearing, pursuant to s. 536.4(2).
[11] Mutual Agreement concerning the scope of a preliminary inquiry
pursuant to s. 536.5 – Whether or not there is a s. 536.4 hearing, the parties and
unrepresented accused can agree, on a mutual basis to limit the scope of the
preliminary inquiry, pursuant to s. 536.5 without judicial direction or
intervention. Parties or unrepresented accused agreeing to limit the scope of the
preliminary inquiry shall complete and mutually execute Form “D” (example
copy attached) and file it with the clerk of the court.
Form “D” is the form of document, and thereby the approved mechanism used to
comply with the requirement to file or record an agreement made pursuant to s.
536.5. The clerk of the court shall affix a completed Form “D” to the appropriate
Information.
[12] Limited Scope of the Preliminary Inquiry – Pursuant to s. 537(1)(i) the
preliminary inquiry shall be conducted in accordance with the admissions or
agreements contained in Form “C” or Form “D” unless the judge is satisfied that
to do so would be contrary to the best interests of the administration of justice.
Where the parties or an unrepresented accused mutually agree to limit the scope
of a preliminary inquiry pursuant to s. 536.5, the judge may order the accused to
stand trial without hearing evidence upon any other issue, pursuant to s. 549(1.1).
[13] Evidence tendered pursuant to s. 540 – Pursuant to s. 540(7), a party or an
unrepresented accused may tender such information, as evidence at the
preliminary inquiry, as is described in s. 540(7) at a preliminary inquiry.
Evidence tendered pursuant to s. 540(7) need not be otherwise admissible, but
must be evidence that the judge considers credible or trustworthy in the
circumstances of the case. Evidence tendered pursuant to s. 540(7) could include
written witness statements, witness statements recorded in another fashion, or
other information. Generally, the admissibility of any information tendered as
evidence by any party, pursuant to s. 540(7) or otherwise, shall be determined at
the preliminary inquiry, and not in any prior hearing.
[14] Notice under s. 540 – A party or an unrepresented accused intending to
tender evidence pursuant to s. 540(7) shall give written notice within a
reasonable time period in advance of the date of the preliminary inquiry to the
Court, the opposite party(s) and any unrepresented accused, as required by s.
540(8). Delivery of the s. 540(8) notice and copies of the statement(s) not less
than 21 days prior to the date of the preliminary inquiry is presumptively
reasonable.
7
Alberta Rules of Court
Volume 2
Provincial Court of Alberta
Practice Notes
The party shall deliver, together with the notice, a copy of the statement reduced
to writing, if any, or otherwise recorded, to the opposite or other party(s) and any
unrepresented accused.
[15] Section 540(9) applications for appearance of a witness – A s. 540(9)
application for the appearance of a witness shall be made not less than 7 days
prior to the date the evidence [proposed to be tendered pursuant to s. 540(7)] is
intended to be adduced, unless the judge orders otherwise. A prior s. 540(9)
application made in a timely manner will enable the judge hearing the application
to order the appearance of a witness without having to adjourn the preliminary
inquiry. Where a witness is ordered to appear pursuant to s. 540(9), the Crown
shall subpoena such witness.
[16] Requests for absence of an accused – Pursuant to s. 537(1)(j.1) an
unrepresented accused or counsel for an accused may request that the accused be
absent during the whole or part of a preliminary inquiry. This application may be
made prior to or during the preliminary inquiry. The judge may permit the
absence of the accused on any conditions that are deemed appropriate.
[17] Young Persons – This practice note applies to proceedings in youth justice
court and as defined above, to a young person as defined in the Youth Criminal
Justice Act.
END
Attachments:
Form “A” Statement of Issues and Witnesses [s. 536.3]
Form “B” Request for a Hearing [s. 536.4(1)]
Form “C” Agreement and/or Admissions made at a Hearing [s. 536.4(2)]
Form “D” Agreement to limit the scope of the Preliminary Inquiry [s. 536.5]
Note: the Forms attached hereto are for the convenience of the reader, but are not, as hard
copy forms, the Forms that are suggested for actual use by parties. Those Forms (identical
in content but not format) are available from the Clerk or Court Administrator. They are
also intended to be available electronically, from the Alberta Courts web site. The actual
Forms are formatted on the basis of 8 ½” x 14” paper, so as to ensure, when printed in
hard copy, that they are contained on a single piece of paper (to avoid being separated and
thereafter misfiled). Despite this, Form “B”, even on 8 ½” x 14” paper, requires 2 pages.
For submission purposes, thus prior to execution, Form “B” (in hard copy) must be copied
onto two sides of a single sheet of paper (to avoid being lost or misfiled).
8
Alberta Rules of Court
Volume 2
Provincial Court of Alberta
Practice Notes
Section 536.3 Criminal Code
Docket number__________________________
This document when completed and filed will be attached to
the Information by the Clerk
NOTE: PLEASE PRINT LEGIBLY
Form “A”
COUNSEL STATEMENT IDENTIFYING ISSUES AND WITNESSES
Name of Accused [Young Person] ____________________________________
The next appearance of the Accused [Young Person] is the____ day of
______________ 20___, at _______ o’clock AM/PM, Courtroom # _____
at______________ in the Province of Alberta.
Charges:
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________, HAVING REQUESTED A PRELIMINARY INQUIRY,
COUNSEL
a) Wishes evidence to be given at the inquiry on only the following
issues:
_________________________________________________________
_________________________________________________________
_________________________________________________________
_________________________________________________________
_________________________________________________________
_________________________________________________________
b) Wishes to hear only the following witnesses at the inquiry:
_________________________________________________________
_________________________________________________________
_________________________________________________________
_________________________________________________________
_________________________________________________________
_________________________________________________________
Dated this ______day of _________, 20___ at _______________ in the Province
of Alberta
9
Alberta Rules of Court
Volume 2
Provincial Court of Alberta
Practice Notes
Signature:
________________________________
Print Name legibly:
________________________________
Contact information (all required):
Address:
________________________________
________________________________
________________________________
Phone No.
________________________________
Fax No.
________________________________
Counsel for
________________________________
Note: This document must be filed with the Clerk of the Court and a copy provided by
the submitting party to other parties and any unrepresented accused.
10
Alberta Rules of Court
Volume 2
Provincial Court of Alberta
Practice Notes
Section 536.4 Criminal Code
Docket number__________________________
This document when completed and filed will be attached to
the Information by the Clerk
NOTE: PLEASE PRINT LEGIBLY
Form “B”
REQUEST FOR HEARING PURSUANT TO SECTION 536.4(1)
CRIMINAL CODE
Name of Accused [Young Person] ____________________________________
The next appearance of the Accused [Young Person] is the____ day of
______________ 20___, at _______ o’clock AM/PM, Courtroom # _____
at______________ in the Province of Alberta.
Charges:
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
Reasons: (to assist the Court in anticipation of the requested hearing) Please
check one (or more) of the reasons listed below:
____ (a) to assist the parties to identify the issues on which evidence will be
given at the inquiry;
____ (b) to assist the parties to identify the witnesses to be heard at the inquiry,
taking into account the witnesses’ needs and circumstances;
____ (c) to encourage the parties to consider any other matters that would
promote a fair and expeditious inquiry.
Regarding point “(c)” above – please specify the nature of the “other matters”:
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
We / I hereby request a hearing pursuant to s. 536.4(1) [executed by the party or
person requesting]
11
Alberta Rules of Court
Volume 2
Provincial Court of Alberta
Practice Notes
Signature:
________________________________
Print Name legibly:
________________________________
Contact information (all required):
Address:
________________________________
________________________________
________________________________
Phone No.
________________________________
Fax No.
________________________________
Counsel for
________________________________
or, if applicable:
Signature:
________________________________
Print Name legibly:
________________________________
Contact information (all required):
Address:
________________________________
________________________________
________________________________
Phone No.
________________________________
Fax No.
________________________________
The Accused [Young Person]
Signature:
________________________________
Print Name legibly:
________________________________
Contact information (all required):
Address:
________________________________
________________________________
________________________________
Phone No.
________________________________
Fax No.
________________________________
Prosecutor
Order for Hearing
______ I hereby order that a hearing be held pursuant to s. 536.4(1) of the
Criminal Code.
______ I hereby order that no s. 536.4(1) hearing be held.
Date:
________________________________
Signature:
Print Name legibly:
________________________________
________________________________
Judge of the Provincial Court of Alberta
Note: This document must be filed with the Clerk of the Court.
12
Alberta Rules of Court
Volume 2
Provincial Court of Alberta
Practice Notes
Note: The appropriate local judicial scheduling officer will set a date for the s.
536.4(1) hearing after having sought agreement with the parties.
Further Note: For submission purposes, please copy the original onto 2 sides of
one sheet of paper (before execution), so as to ensure that this second sheet is
not misplaced or misfiled.
Section 536.4(2) Criminal Code
Docket number__________________________
This document when completed and filed will be attached to
the Information by the Clerk
NOTE: PLEASE PRINT LEGIBLY
Form “C”
AGREEMENT AND ADMISSIONS AT HEARING HELD UNDER
SECTION 536.4 CRIMINAL CODE
Name of Accused [Young Person]
The next appearance of the Accused [Young Person] is the____ day of
______________ 20___, at _______ o’clock AM/PM, Courtroom # _____
at______________ in the Province of Alberta.
Charges:__________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
The Prosecutor and the Accused [Young Person] agree to limit the scope of the
preliminary inquiry to the following specific issues:
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
13
Alberta Rules of Court
Volume 2
Provincial Court of Alberta
Practice Notes
The Prosecutor and the Accused [Young Person] agree to the following
admissions:
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
Signature:
________________________________
Print Name legibly:
________________________________
Contact information (all required):
Address:
________________________________
________________________________
________________________________
Phone No.
________________________________
Fax No.
________________________________
Counsel for the Accused [Young Person]
Signature:
________________________________
Print Name legibly:
________________________________
Contact information (all required):
Address:
________________________________
________________________________
________________________________
Phone No.
________________________________
Fax No.
________________________________
Prosecutor
Pursuant to s. 536.4(2) of the Criminal Code I recorded the above agreement to
limit the scope of the preliminary inquiry and admissions of fact by the terms
herein recorded.
Signature:
________________________________
Print Name legibly:
________________________________
Judge of the Provincial Court of Alberta
Dated this ______day of _________, 20___ at _______________ in the Province
of Alberta
Note: This agreement will be filed with the Clerk of the Court by the judge presiding at the
s. 536.4 hearing.
14
Alberta Rules of Court
Volume 2
Provincial Court of Alberta
Practice Notes
Section 536.5 Criminal Code
Docket number__________________________
This document when completed and filed will be attached to
the Information by the Clerk
NOTE: PLEASE PRINT LEGIBLY
Form “D”
MUTUAL AGREEMENT TO LIMIT SCOPE OF
PRELIMINARY INQUIRY
Name of Accused [Young Person] ____________________________________
The next appearance of the Accused [Young Person] is the____ day of
______________ 20___, at _______ o’clock AM/PM, Courtroom # _____
at______________ in the Province of Alberta.
Charges:
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
The Prosecutor and the Accused [Young Person] agree to limit the scope of the
preliminary inquiry to the following specific issues, and make this agreement
pursuant to s. 536.5:
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
Was there a hearing held pursuant to s. 536.4?
No: _____
Yes _____ [date: ______________________ ]
Dated this ______day of _________, 20___ at _______________ in the Province
of Alberta
15
Alberta Rules of Court
Volume 2
Provincial Court of Alberta
Practice Notes
Signature:
________________________________
Print Name legibly:
________________________________
Contact information (all required):
Address:
________________________________
________________________________
________________________________
Phone No.
________________________________
Fax No.
________________________________
Counsel for the Accused [Young Person]
Signature:
________________________________
Print Name legibly:
________________________________
Contact information (all required):
Address:
________________________________
________________________________
________________________________
Phone No.
________________________________
Fax No.
________________________________
Prosecutor
Note: This agreement must be filed with the Clerk of the
Court.
16
Alberta Rules of Court
Volume 2
Provincial Court of Alberta
Practice Notes
Provincial Court Practice Note “3”
“Criminal Division” and “Family & Youth Division”
Notice to the Profession
Publication Bans (#2)
1.
2.
This Practice Note is in effect as of February 1, 2005 and applies to
proceedings conducted in the Criminal Division and in the Family & Youth
Division of The Provincial Court of Alberta. This Note supersedes any
previous Practice Note in relation to this topic.
This Practice Note applies to members of the Law Society of Alberta who
intend to apply for a court Order which restricts public access to, or the
media’s ability to fully report on, court documents or proceedings (made
pursuant to a judge’s common law or legislated discretionary authority) and
includes without limitation restrictions on publication or rights of access,
such as:
a. Publication bans under s.486 of the Criminal Code;
b. Orders which partially, or completely, seal evidence taken in such
proceedings, excepting, those matters which pertain to the signing of
general search warrants, special warrants, assistance Orders and
matters related thereto;
c. Use of pseudonyms;
d. In Camera Orders;
e. Orders restricting access to and copying of exhibits; and
f.
3.
4.
Orders permitting witnesses or participants in judicial proceedings to
testify in a manner that would prevent their identification, under s.486
of the Criminal Code.
This Practice Note does not apply to any mandatory statutory publication
bans or mandatory Orders, (including without limitation those authorized
pursuant to the Criminal Code).
“Interested Parties” includes the parties to the proceedings. Any electronic or
print media representative who wishes to receive notice pursuant to this
Practice Note may register as an “interested party.” In order for an
electronic or print media representative to register:
a. such media representative must name a member of the Law Society of
Alberta to receive notice on behalf of the media representative; and
5.
b. provide and maintain a current email address for such member of the
Law Society, which email address shall be utilized in providing notice
in accordance with paragraphs 8 & 9.
On application to the Court, any other person may be named an interested
party.
17
Alberta Rules of Court
Volume 2
6.
7.
8.
9.
Provincial Court of Alberta
Practice Notes
Except with leave of the Court, counsel, on behalf of an accused, a witness
or a justice system participant (as referred to in s.486 of the Criminal Code)
must file a written copy of the Notice of the Application and provide the
notice required pursuant to paragraphs 8 & 9 hereof at least three clear days
before the beginning of the trial, application or proceeding or matter to
which the ban or Order is to apply. In appropriate circumstances, the Court
may direct that notice of any Application be given to such additional parties
as the Court deems necessary.
In completing the Notice of Application required pursuant to paragraphs 8 &
9 hereof, any party applying must provide a description sufficient to provide
recipients of the notice with an understanding of the nature of the intended
application.
The application must be made to the judge assigned to hear the case. If that
judge is unknown or unavailable, the application must be made to the case
management judge. If there is no case management judge, the application
must be made before the Chief Judge, an Assistant Chief Judge, or their
respective designate.
Unless otherwise ordered, the application must be on notice to Interested
Parties, including any electronic or print media representative who has
registered as an “interested party” in accordance with this Practice Note. The
Applicant may apply to the Court for further directions as to the parties to be
served and the manner of service.
Unless otherwise ordered by the Court, notice to the electronic or print
media who are registered as an “interested party” must be given by
completing and submitting the notice prescribed in Form “A” on:
a. the Alberta Courts web site (www.albertacourts.ab.ca) and linking to
Provincial Court – Criminal - Publication Bans (or Provincial Court –
Criminal - Electronic filing of Notice of Application for Publication
Ban (Practice Note & online form)). If such web site is not accessible,
notice must be given by email or fax to media who have provided a fax
number or an email address to the Clerk of the Court for the purpose of
receiving such notice, and
b. at a place reserved for posting notice at the court location where the
application will be made.
10. Access to the above website will be “by password only,” and such
password(s) as may be required will be provided to members of the Law
Society of Alberta in the manner directed by the Chief Judge, or his/her
designate.
11. Any person or entity who is not a party to the proceedings, and who claims
an interest in the proceedings must apply to the Court for standing to be
heard at the application.
18
Alberta Rules of Court
Volume 2
Provincial Court of Alberta
Practice Notes
Sealing / Unsealing Court Files
12. An application to seal the entire court file, or an application to set aside a
sealing order, must be made to the Chief Judge, an Assistant Chief Judge, or
their respective designate, who may make such directions as to the parties to
be served, the time for and the manner of service of notice which, in their
discretion, they determine to be appropriate.
DATED this 12th day of January, 2005.
The Honourable E.J.M. Walter
Chief Judge of the Provincial Court of Alberta
19
Alberta Rules of Court
Volume 2
Provincial Court of Alberta
Practice Notes
Provincial Court Practice Note “4”
Provincial Court of Alberta
Notice to the Profession
Courtroom Video Link Appearances
Use of Video Conference in Criminal Proceedings
Introduction
The Chief Judge of the Provincial Court of Alberta issues the hereinafter Video
Link Practice Note to enhance the administration of justice.
Commencing July 4th, 2006, video link shall be used at each of the following
Court and Remand locations to conduct judicial interim release hearings,
appearances, enter pleas, hear applications and receive submissions as provided
by the following Criminal Code provisions in addition to such other matters as
the presiding Judge may allow:
Sherwood Park
Lethbridge
Breton
Taber
Edmonton Criminal
Fort Macleod
Edmonton Youth
Westlock
High Level
Pincher Creek
Assumption
Cardston
Fort Vermilion
Medicine Hat
Fort McMurray
Brooks
Fort Chipewyan
Red Deer
Peace River
Rimbey
Fairview
Rocky Mountain House
Falher
Stettler
Red Earth Creek
Drumheller
Slave Lake
Strathmore
Wabasca/Desmarais
Grande Prairie
Ponoka
Vermilion
Valleyview
Lloydminster
Vegreville
High Prairie
Drayton Valley
Wainwright
Lac La Biche
Leduc
Boyle
Camrose
Evansburg
Wetaskiwin
Whitecourt
St. Paul
Hinton
Bonnyville
Edson
Cold Lake
Jasper
Stony Plain
Fort Saskatchewan
Edmonton Young Offender Centre
St. Albert
Calgary Young Offender Centre
Athabasca
Edmonton Remand Centre
Barrhead
Calgary Criminal
Morinville
Calgary Youth
20
Alberta Rules of Court
Volume 2
Provincial Court of Alberta
Practice Notes
The Court shall (subject to the Court directing otherwise) require all persons in
custody to appear in these locations by video link for:
a. judicial interim release hearings
b. adjournment applications
c. entry of elections and/or not guilty pleas and the scheduling of a
preliminary hearing or trial.
At this time, persons in custody will not be required to appear by video link
where:
a. the evidence of a witness will be taken at the hearing, or
b. the Court is unable to conclude that the accused understands the
proceedings and can make voluntary decisions during the proceedings,
or
c. the accused has filed a designation with the court (subject to other
Court direction)
Guilty pleas may be entered and sentencing hearings conducted by video link
with the consent of the Court and the parties.
Relevant Criminal Code Sections
1.
To receive evidence of “vulnerable” witnesses
s.486(2.11) and (2.2)
s.(2.101) Testimony outside court room - Notwithstanding section 650,
where an accused is charged with an offence referred to in subsection
(2.102), the presiding judge or justice, as the case may be, may order that
any witness testify
a. outside the court room, if the judge or justice is of the opinion that the
order is necessary to protect the safety of the witness; and
b. outside the court room or behind a screen or other device that would
allow the witness not to see the accused, if the judge or justice is of the
opinion that the order is necessary to obtain a full and candid account
from the witness.
s.486(2.11) Same procedure for opinion - Where the judge or justice is of
the opinion that it is necessary for the complainant or witness to testify in
order to determine whether an order under subsection (2.1) or (2.101) should
be made in respect of that complainant or witness, the judge or justice shall
order that the complainant or witness testify pursuant to that subsection.
s.486(2.2) Condition of exclusion - A complainant or witness shall not
testify outside the court room pursuant to subsection (2.1), (2.101) or (2.11)
unless arrangements are made for the accused, the judge or justice and the
jury to watch the testimony of the complainant or witness by means of
closed-circuit television or otherwise, and the accused is permitted to
communicate with counsel while watching the testimony.
21
Alberta Rules of Court
Volume 2
2.
3.
4.
5.
Provincial Court of Alberta
Practice Notes
Judicial interim release hearings
Unless otherwise arranged by counsel, persons in custody who have filed a
designation of counsel under s. 650.01 (1) are not required to appear by
video link unless otherwise directed by the Court. Where a designation is not
filed, then persons in custody shall appear by video link for judicial interim
release applications.
s.515(2.2) and (2.3)
s.515(2.2) Alternative to physical presence - Where, by this Act, the
appearance of an accused is required for the purposes of judicial interim
release, the appearance shall be by actual physical attendance of the accused
but the justice may, subject to subsection (2.3), allow the accused to appear
by means of any suitable telecommunication device, including telephone,
that is satisfactory to the justice.
s.515(2.3) Where consent required - the consent of the prosecutor and the
accused is required for the purposes of an appearance if the evidence of a
witness is to be taken at the appearance and the accused cannot appear by
closed-circuit television or any other means that allow the court and the
accused to engage in simultaneous visual and oral communication.
Preliminary Inquiries
s.537(j), (j.1) and (k)
s.537(j) Where the prosecutor and the accused so agree, permit the accused
to appear by counsel or by closed-circuit television or any other means that
allows the court and the accused to engage in simultaneous visual and oral
communication, for any part of the inquiry other than a part in which the
evidence of a witness is taken.
s.537(j.1) Permit, on the request of the accused, that the accused be out of
court during the whole or any part of the inquiry on any conditions that the
justice considers appropriate; and
s.537(k) For any part of the inquiry other than a part in which the evidence
of a witness is taken require an accused who is confined in prison to appear
by closed-circuit television or any other means that allow the court and the
accused to engage in simultaneous visual and oral communication, if the
accused is given the opportunity to communicate privately with counsel, in a
case in which the accused is represented by counsel.
Entering of Plea
s.606(5)
s.606(5) Video links - For greater certainty, subsections 650(1.1) and (1.2)
apply, with any modifications that the circumstances require, to pleas under
this section if the accused has agreed to use a means referred to in those
subsections.
To facilitate appearances by designated counsel and the prosecutors
s.650 (.01), (.02), (1.1) and (1.2)
22
Alberta Rules of Court
Volume 2
Provincial Court of Alberta
Practice Notes
s.650.01(1) Designation of counsel of record - An accused may appoint
counsel to represent the accused for any proceedings under this Act by filing
a designation with the court.
s.650.01(2) Contents of designation - The designation must contain the
name and address of the counsel and be signed by the accused and the
designated counsel.
s.650.01(3) Effect of designation - If a designation is filed,
(a) the accused may appear by the designated counsel without being
present for any part of the proceedings, other than
(i) a part during which oral evidence of a witness is taken,
(ii) a part during which jurors are being selected, and
(iii) an application for a writ of habeas corpus;
(b) an appearance by the designated counsel is equivalent to the accused’s
being present, unless the court orders otherwise; and
(c) a plea of guilty may be made, and a sentence may be pronounced, only
if the accused is present, unless the court orders otherwise.
s.650.01(4) When court orders presence of accused - If the court orders
the accused to be present otherwise than by appearance by the designated
counsel, the court may
(a) issue a summons to compel the presence of the accused and order that
it be served by leaving a copy at the address contained in the
designation; or
(b) issue a warrant to compel the presence of the accused.
s.650.02 Technological appearance - The prosecutor or the counsel
designated under section 650.01 may appear before the court by any
technological means satisfactory to the court that permits the court and all
counsel to communicate simultaneously.
s.650(1.1) Video links - Where the court so orders, and where the prosecutor
and the accused so agree, the accused may appear by counsel or by closedcircuit television or any other means that allow the court and the accused to
engage in simultaneous visual and oral communication, for any part of the
trial other than a part in which the evidence of a witness is taken.
s.650(1.2) Video links - Where the court so orders, an accused who is
confined in prison may appear by closed-circuit in prison television or any
other means that allow the court and the accused to engage in simultaneous
visual and oral communication, for any part of the trial other than a part in
which the evidence of a witness is taken, if the accused is given the
opportunity to communicate privately with counsel, in a case in which the
accused is represented by counsel.
s.650(2) Exceptions - The court may
(a) cause the accused to be removed and to be kept out of court, where he
misconducts himself by interrupting the proceedings so that to continue
the proceedings in his presence would not be feasible;
23
Alberta Rules of Court
Volume 2
Provincial Court of Alberta
Practice Notes
(b) permit the accused to be out of court during the whole or any part of
his trial on such conditions as the court considers proper; or
6.
(c) cause the accused to be removed and to be kept out of court during the
trial of an issue as to whether the accused is unfit to stand trial, where it
is satisfied that failure to do so might have an adverse effect on the
mental condition of the accused.
To receive evidence of any witness
s.714.1 to s.714.8
s.714.1 Video links, etc. - witness in Canada - A court may order that a
witness in Canada give evidence by means of technology that permits the
witness to testify elsewhere in Canada in the virtual presence of the parties
and the court, if the court is of the opinion that it would be appropriate in all
the circumstances, including
(a) the location and personal circumstances of the witness;
(b) the costs that would be incurred if the witness had to be physically
present; and
(c) the nature of the witness’ anticipated evidence.
s.714.2(1) Video links, etc. - witness outside Canada - A court shall receive
evidence given by a witness outside Canada by means of technology that
permits the witness to testify in the virtual presence of the parties and the
court unless one of the parties satisfied the court that the reception of such
testimony would be contrary to the principles of fundamental justice.
s.714.2(2) Notice - A party who wishes to call a witness to give evidence
under subsection (1) shall give notice to the court before which the evidence
is to be given and the other parties of their intention to do so not less than ten
days before the witness is scheduled to testify.
s.714.3 Audio evidence - witness in Canada - The court may order that a
witness in Canada give evidence by means of technology that permits the
parties and the court to hear and examine the witness elsewhere in Canada, if
the court is of the opinion that it would be appropriate, considering all the
circumstances including
(a) the location and personal circumstances of the witness;
(b) the costs that would be incurred if the witness had to be physically
present;
(c) the nature of the witness’ anticipated evidence; and
(d) any potential prejudice to either of the parties caused by the fact that
the witness would not be seen by them.
s.714.4 Audio evidence - witness outside Canada - The court may receive
evidence given by a witness outside Canada by means of technology that
permits the parties and the court in Canada to hear and examine the witness,
if the court is of the opinion that it would be appropriate, considering all the
circumstances including
(a) the nature of the witness’ anticipated evidence; and
24
Alberta Rules of Court
Volume 2
Provincial Court of Alberta
Practice Notes
(b) any potential prejudice to either of the parties caused by the fact that
the witness would not be seen by them.
s.714.5 Oath or affirmation - The evidence given under section 714.2 or
714.4 shall be given
(a) under oath or affirmation in accordance with Canadian law;
(b) under oath or affirmation in accordance with the law in the place in
which the witness is physically present; or
(c) in any other manner that demonstrates that the witness understands that
they must tell the truth.
s.714.6 Other laws about witnesses to apply - When a witness who is
outside Canada gives evidence under section 714.2 or 714.4, the evidence is
deemed to be given in Canada, and given under oath or affirmation in
accordance with Canadian law, for the purposes of the laws relating to
evidence, procedure, perjury and contempt of court.
s.714.7 Costs of technology - A party who wishes to call a witness to give
evidence by means of the technology referred to in section 714.1, 714.2,
714.3 or 714.4 shall pay any costs associated with the use of the technology.
s.714.8 Consent - Nothing in sections 714.1 to 714.7 is to be construed as
preventing a court from receiving evidence by means of the technology
referred to in sections 714.1 to 714.4 if the parties so consent.
The equipment being installed will provide for simultaneous video and oral
communication for all parties.
Counsel will be advised of the following installations at those Remand Facilities
and Court locations that are not included above, by an addendum to this Practice
Note as they enter the system.
1. The Calgary Remand Centre will be brought on line in the Fall, 2006.
2. Remand Centres at Lethbridge, Medicine Hat, Red Deer, Grande Prairie
and Peace River, with Calgary Corrections and Edmonton Corrections notice
of the time of such locations coming on line will be sent to counsel as the
completion schedules for these locations become known.
3. Court locations not included in the hereinbefore list.
Reviews of this program will be undertaken from time to time. These reviews
will consider adjustments necessary to ensure the system provides the needs of
the users of the system.
DATED this 20th day of June 2006
The Honourable A.G. Vickery
Chief Judge of the Provincial Court of Alberta
25
July, 2011
Alberta Rules of Court
Volume 2
Provincial Court of Alberta
Practice Notes
Provincial Court Practice Directive
Conflicts – Counsel Acting for More Than One Defendant
March 16, 2011
Commencing immediately, if Counsel intends to act for more than one defendant
in a single prosecution, Counsel will be expected to satisfy the Court that to act
for co-defendants would not impair the administration of justice. More
specifically, the following practices will apply in all such cases.
1. At an early stage in the proceedings and before any hearing date is
scheduled, the issue of conflict should be expressly addressed on the record,
in the presence of the defendants.
2. If the issue of conflict is not raised by the Court, it should be expressly
raised and addressed by Counsel.
3. At a minimum, Counsel will be expected to confirm that each defendant has
received independent legal advice, is aware of the impact that this practice
has on each defendant's privilege, is aware that if an actual conflict
materializes the lawyer will not be able to continue to act and that each
defendant has provided Counsel with his or her written and informed
consent to the same lawyer acting for more that one defendant.
4. Crown Counsel will be expected to advise the Court whether, based on the
complexion of the case, there is any material risk to the integrity of the
proceedings should one counsel act for more than one defendant. Crown
Counsel will be expected to identify the nature and extent of any risk to the
administration of justice, including any differences in the defendants' legal
position based on the Crown theory.
5. The Court's assessment of risk to the court process will take into account the
respective positions of Counsel but the ultimate determination will be that of
the Court. The Court will be guided by the need to protect the integrity of
the court process.
6. If a summary determination of the conflict issue can be made, there will be
no need for a conflict hearing. If a summary determination cannot be made,
the Court may set a date for a more comprehensive ‘conflict hearing',
including an assessment of the effectiveness of any client consent,
recognizing that a criminal prosecution is an evolving process and a
defendant's consent may be of minimal assistance in mitigating the risk to
the administration of justice.
7. Nothing in this Directive requires Counsel to divulge any confidential or
privileged information. It is expected that Counsel will not divulge any
confidential or privileged information without express instructions from the
client.
26
July, 2011
Alberta Rules of Court
Volume 2
8.
Provincial Court of Alberta
Practice Notes
This Directive does not prohibit multi-party representation in criminal
proceedings. Rather it recognizes the risks inherent in such a practice and
seeks to ensure that those risks, and potential risks, are identified, addressed
and, if necessary, resolved at an early stage.
The Honourable A.G. Vickery
Chief Judge of the Provincial Court of Alberta
27
July, 2011
Alberta Rules of Court
Volume 2
Provincial Court Family Law Act
Procedures Regulation
(Consolidated up to 85/2016)
ALBERTA REGULATION 149/2005
Family Law Act
PROVINCIAL COURT PROCEDURES
(FAMILY LAW) REGULATION
Table of Contents
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
Application
Initiating a claim
Service of claim documents
Respondent’s response
Service of response documents
Response to respondent’s request for additional order
Failure of respondent to comply with Regulation
Hearing
Appeal
Costs of action
Duty of lawyer
Address for service
Manner of service
Disclosure of financial information
Coming into force
Application
1(1) In this Regulation,
(a) “Act” means the Family Law Act;
(b) “Court” means the Provincial Court;
(c) “file” means to file with the clerk of the Provincial Court.
(2) For the purposes of the Act and the regulations made under the Act, “party”
means, in respect of an application under the Act, any one or more of the
following:
(a) a person named as an applicant or a respondent in the application;
(b) a person identified in any enactment as a party to the application;
1
September, 2016
Alberta Rules of Court
Volume 2
Provincial Court Family Law Act
Procedures Regulation
(c) a public official, including the Director acting under Part 5 of the
Income and Employment Supports Act, who pursuant to any enactment
has the right to commence, defend, intervene in or take any step in
respect of the application and exercises that right;
(d) a person added as a party by the court hearing the application.
(3) Except for the form referred to in section 14(2), the forms to be used for the
purposes of this Regulation are Forms FL-10 to FL-12, FL-34 to FL-53 and
FL-57 to FL-75 as set out in Schedule A, Division 2 of the Alberta Rules of
Court (AR 124/2010).
(4) Repealed AR 166/2010 s2.
AR 149/2005 s1;166/2010
Initiating a claim
2(1) The applicant for an order described in Parts 1 to 4 of the Act must file a
claim in Form FL-10 that sets out the order being applied for.
(2) The applicant may ask the Court to grant more than one order, using only
one claim form.
(3) Evidence in support of the claim may be provided by filing one or more
statements in Forms FL-34 to FL-53 or an affidavit, or both.
(4) If a statement or affidavit is filed to support a claim, the statement or
affidavit must be confined to
(a) a statement of facts within the personal knowledge of the person
swearing the statement or affidavit, and
(b) any other evidence that the person swearing the statement or affidavit
could give at trial.
AR 149/2005 s2;166/2010
Service of claim documents
3(1) The applicant must serve each person named in the claim as a respondent,
and each person who is required by the Act to be served, with a copy of the
documents filed under section 2.
(2) The documents referred to in subsection (1)
(a) must be served by leaving a copy of the documents with the individual
being served and not with the individual’s lawyer of record, if any, and
(b) must be served
(i) 20 days or more before the date set out in the claim if service is
effected in Alberta,
2
September, 2016
Alberta Rules of Court
Volume 2
Provincial Court Family Law Act
Procedures Regulation
(ii) one month or more before the date set out in the claim if service is
effected outside Alberta but within Canada, and
(iii) 2 months or more before the date set out in the claim if service is
effected outside Canada.
AR 149/2005 s3;166/2010
Variation of time periods
3.1 The Court may extend or shorten a time period specified in this Regulation.
AR 166/2010 s5
Respondent’s response
4(1) A respondent who wishes to respond to the applicant’s claim must file a
response in Form FL-11 and may provide evidence in support of the response by
filing one or more reply statements in Forms FL-57 to FL-75 or an affidavit, or
both.
(2) The response may include a request that the Court grant one or more
additional orders and, in that event, evidence in support of the request may be
provided by filing one or more statements in Forms FL-34 to FL-53 or an
affidavit, or both.
(3) If a statement, reply statement or affidavit is filed to support a response, the
statement, reply statement or affidavit must be confined to
(a) a statement of facts within the personal knowledge of the person
swearing the statement, reply statement or affidavit, and
(b) any other evidence that the person swearing the statement, reply
statement or affidavit could give at trial.
AR 149/2005 s4;166/2010
Service of response documents
5(1) The respondent must serve the applicant and any other party with a copy of
the documents filed under section 4.
(2) The documents referred to in subsection (1) must be served within a
reasonable time before the date set out in the claim, but anything less than 10
days’ notice will be presumed to be prejudicial to any person entitled to be
served.
AR 149/2005 s5;166/2010
3
December, 2010
Alberta Rules of Court
Volume 2
Provincial Court Family Law Act
Procedures Regulation
Response to respondent’s request for additional order
6(1) Any party who wishes to respond to the respondent’s request that the Court
grant one or more additional orders may file one or more reply statements in
Forms FL-57 to FL-75 or an affidavit, or both.
(2) If a reply statement or affidavit is filed under subsection (1), the reply
statement or affidavit must be confined to
(a) a statement of facts within the personal knowledge of the person
swearing the reply statement or affidavit, and
(b) any other evidence that the person swearing the reply statement or
affidavit could give at trial.
(3) The documents referred to in subsection (1) must be served within a
reasonable time before the date set out in the claim, but anything less than 5
days’ notice will be presumed to be prejudicial to the person entitled to be
served.
AR 149/2005 s6;166/2010
New Evidence
6.1(1) In this section, “new evidence” means evidence that was not available to
a party at the time when the party filed and served the party’s statement or reply
statement, as the case may be.
(2) If, subsequent to filing and serving a statement or reply statement, a party
wishes to rely on new evidence when the claim is heard or considered, the party
must file an update statement in Form FL-79, or an affidavit, containing the new
evidence.
(3) The party must serve the party’s update statement or affidavit, as the case
may be, on each person named as an applicant or respondent in the claim, and
any other person required by the Family Law Act to be served, within a
reasonable time before the date set out in the claim.
AR 166/2010 s9
Appearance before the Court
7 Where the respondent attends at the Court for the hearing, the Court may,
whether or not the respondent has complied with this Regulation,
(a) decide all or part of the matter on an interim or final basis,
(b) adjourn all or part of the matter to a later date, or
(c) set all or part of the matter down for a short oral hearing or trial,
4
December, 2010
Alberta Rules of Court
Volume 2
Provincial Court Family Law Act
Procedures Regulation
and the Court may give any direction and grant any interim or procedural order
that the Court considers appropriate.
AR 149/2005 s7;166/2010
Electronic hearings
8(1) In this section, “electronic hearing” means an application, proceeding or
trial conducted, in whole or in part, by electronic means in which all the
participants in a hearing and the Court can hear each other, whether or not all or
some of the participants can see each other or are in each other’s presence.
(2) An electronic hearing may be held if.
(a) the parties agree and the Court so permits, or
(b) on application, the Court orders an electronic hearing.
(3) The Court may
(a) direct that an application for an electronic hearing be heard by
electronic hearing,
(b) direct that an application or a trial be heard in whole or in part by
electronic hearing,
(c) give directions about arrangements for the electronic hearing or
delegate that responsibility to another person,
(d) give directions about the distribution of documents and the practice and
procedure at the electronic hearing, or
(e) order that an electronic hearing be completed in person.
(4) The clerk must participate in an electronic hearing unless the Court otherwise
directs.
(5) An oath may be administered by electronic means.
AR 149/2005 s8;166/2010
Appeal
9(1) Subject to subsection (2), a party may appeal to the Court of Queen’s
Bench any decision of the Court.
(2) A party must apply to the Provincial Court for permission to appeal under
subsection (1) where the decision to be appealed
(a) is a consent order or judgment, or
(b) on application, the Court orders an electronic hearing.
AR 149/2005 s9;85/2016
5
September, 2016
Alberta Rules of Court
Volume 2
Provincial Court Family Law Act
Procedures Regulation
Costs of action
10(1) Subject to subsection (2) and any other enactment, the Court may at any
time in any proceeding before it, on any conditions it considers appropriate,
award costs in respect of any matter under the Act.
(2) The Court may not award costs under subsection (1) against a director under
the Child, Youth and Family Enhancement Act.
Duty of lawyer
11(1) A lawyer who is required to provide a statement that the lawyer has
complied with section 5(1) of the Family Law Act must do so by filing a
certificate in Form FL-12.
(2) Subsection (1) does not apply where the lawyer is legal counsel for a director
under an enactment.
AR 149/2005 s11;166/2010
Address for service
12(1) The address for service of a party who is not represented by a lawyer of
record and is not required to be served in accordance with section 3(2)(a) is the
most recent of
(a) an address provided to the Court and all other parties by the individual
in writing,
(b) an address provided on the record during a Court appearance, and
(c) the address provided in the most recently filed document in the
proceeding.
(2) Where any party is represented by a lawyer, that party’s address for service
is the lawyer’s address, as provided in the certificate referred to in section 11 or
as otherwise provided in writing
AR 149/2005 s12;166/2010
Manner of service
13(1) In this section,
(a) “electronic” and “electronic agent” have the same meanings as they
have in the Electronic Transactions Act;
(b) “recorded mail” means a form of document delivery by mail or courier
in which receipt of the document must be acknowledged in writing.
(2) All documents except those required to be served under section 3(2)(a) may
be served in accordance with this section.
6
September, 2016
Alberta Rules of Court
Volume 2
Provincial Court Family Law Act
Procedures Regulation
(3) A document may be served by an electronic method on a person who has
specifically provided an address to which information or data in respect of an
action may be transmitted if the document is sent to the person at the specified
address and
(a) the electronic agent receiving the document at that address receives the
document in a form that is usable for subsequent reference, and
(b) the sending electronic agent obtains or receives a confirmation that the
transmission to the address of the person to be served was successfully
completed.
(4) Service is effected under subsection (3) when the sending electronic agent
obtains or receives confirmation of the successfully completed transmission.
(5) A document may be served on a party in Alberta by being sent by recorded
mail, addressed to the party at the address for service provided in the most
recently filed document in the action.
(6) Service is effected under subsection (5) on the earlier of
(a) the date acknowledgment of receipt is signed, and
(b) 7 days after the date on which the recorded mail is sent.
(7) If, in an agreement that is the subject of an action, the parties agree on
(a) a place for service,
(b) a mode of service, or
(c) a person on whom service may be effected,
service of a document may be made in accordance with the agreement, and
service is effected when so made.
(8) An agreed method of service described in subsection (7) that applies outside
Alberta must comply with rule 11.26 of the Alberta Rules of Court (AR
124/2010).
(9) An agreement about service of documents under subsection (7) does not
invalidate the service of a document that otherwise complies with this section.
AR 149/2005 s13;166/2010
Disclosure of financial information
14(1) Where a written request for financial information has been made under
section 65(1) or (4) of the Act, that information shall be provided within one
month after the request is received.
(2) A written request for financial information referred to in subsection (1) may
be made in the Form set out in the Schedule to this Regulation.
7
December, 2010
Alberta Rules of Court
Volume 2
Provincial Court Family Law Act
Procedures Regulation
(3) For the purposes of section 65(1) and (4) of the Family Law Act, the
following documents may be requested under this section:
(a) with respect to an application or order for child support, those
documents listed in section 21(1) of the Alberta Child Support
Guidelines (AR 147/2005);
(b) with respect to an application or order for spousal support or adult
interdependent partner support, those documents listed in section 4(1)
of the Family Law Act General Regulation (AR 148/2005).
AR 149/2005 s14;166/2010
Coming into force
15 This Regulation comes into force on the date the Family Law Act is
proclaimed in force.
8
December, 2010
Alberta Rules of Court
Volume 2
Provincial Court Family Law Act
Procedures Regulation
Schedule
Form
(section 14)
Clerk’s stamp:
COURT FILE NUMBER
PROVINCIAL COURT OF ALBERTA
COURT LOCATION
APPLICANT(S)
RESPONDENT(S)
DOCUMENT
REQUEST FOR FINANCIAL INFORMATION
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
PARTY FILING THIS DOCUMENT
Notice to party requesting disclosure: Carefully review the list of items that may
be requested, and only check those items that are relevant to the particular
proceedings.
You are hereby required to provide the documents checked below to the party
requesting disclosure, at the address for service provided above, within one
month of receiving this Request for Financial Information. If you do not, the
Court may make an order against you, which may include an order for the
payment of support in an amount the Court considers appropriate, an order for
you to provide the information, or an order for someone else (for example your
employer) to provide the information. You may also be ordered to pay costs.
□1
□2
A copy of every personal income tax return you have filed for each of
the 3 most recent taxation years. If you have not filed a tax return, you
must provide copies of your T4, T4A and all other relevant tax
documents and any other statements or documents that disclose your
sources of income for that year.
A copy of every Notice of Assessment and Re-assessment issued by the
Canada Revenue Agency for each of the 3 most recent taxation years, or
a copy of the Canada Revenue Agency printout of your last 3 years’
income tax returns.
9
December, 2010
Alberta Rules of Court
Volume 2
□3
□4
□5
□6
Provincial Court Family Law Act
Procedures Regulation
If you are an employee, a copy of your 3 most recent statement of
earnings indicating your total earnings paid year to date, including
overtime, or where such a statement is not provided by your employer, a
letter from your employer setting out that information, including your
rate of annual salary or remuneration.
If you receive income from employment insurance, income assistance, a
pension, workers’ compensation, disability payments, or any other
source, the most recent statement of income showing the total income
from the applicable source during the current year or, if a statement is
not provided, a letter from the appropriate authority giving the required
information.
If you are a student, a statement indicating the total amount of student
funding you have received during the current academic year, including
loans, grants, bursaries, scholarships and living allowances.
If you are self-employed:
(a) the financial statements of your business or professional practice
for the 3 most recent taxation years;
(b) a statement showing a breakdown of all salaries, wages,
management fees, other payments or benefits paid to you or to
persons or corporations with whom you do not deal at arm’s
length for the 3 most recent taxation years;
(c) particulars or copies of every cheque issued to you during the last
6 weeks from any business or corporation in which you have an
interest or to which you have provided a service.
□7
□8
If you are a partner in a partnership, confirmation of your income and
draws from the partnership and confirmation of the capital in the
partnership for its 3 most recent taxation years.
If you have a 1% or more interest in a privately held corporation:
(a) the financial statements of the corporation and its subsidiaries for
its 3 most recent taxation years;
(b) a statement showing a breakdown of all salaries, wages,
management fees or other payments or benefits paid to you or to
persons or corporations with whom the corporation, and every
related corporation, does not deal at arm’s length for the
corporation’s 3 most recent taxation years;
(c) a record showing your shareholder’s loan transaction for the past
12 months.
10
December, 2010
Alberta Rules of Court
Volume 2
□9
□ 10
□ 11
□ 12
Provincial Court Family Law Act
Procedures Regulation
If you are a beneficiary under a trust, a copy of the trust settlement
agreement and copies of the trust’s 3 most recent financial statements.
Copies of all statements and cancelled cheques for all bank accounts
solely or jointly in your name for the most recent 6 months.
Copies of credit card statements for all credit cards solely or jointly in
your name for the most recent 6 months.
Where child support is an issue, a detailed list of any special or
extraordinary expenses claimed as well as copies of receipts or other
documentation providing the amount of those expenses, namely:
(a) child care costs;
(b) health care costs and extended medical and dental insurance
premiums attributable to the child;
(c) uninsured health care and dental expenses;
(d) extraordinary educational expenses;
(e) post-secondary educational expenses;
(f) extraordinary extracurricular expenses;
□ 13
□ 14
□ 15
If this is a claim for spousal or adult interdependent partner support,
your monthly budget of expenses (form available).
A sworn itemized list of all of your sources of income as well as your
assets and liabilities.
Copies of your most recent statement for all R.R.S.P.s, pensions, term
deposit certificates, guaranteed investment certificates and other
investments in your name or in which you have an interest.
Dated
Signature
at
, Alberta.
Applicant/Applicant’s Lawyer/Respondent/
Respondent’s Lawyer (specify)
AR 166/2010 s16
11
December, 2010
Alberta Rules of Court
Volume 2
Provincial Court Family Law Act
Intake and Caseflow Management Regulation
ALBERTA REGULATION 150/2005
Family Law Act
Provincial Court Act
INTAKE AND CASEFLOW
MANAGEMENT REGULATION
Table of Contents
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
Definitions
Starting an application
Scheduling a caseflow conference
Caseflow conference may precede respondent’s response
Attendance at caseflow conference
Service on and attendance of director
Non attendance by applicant or respondent
Caseflow conference
Adjournments
Scheduling of judicial dispute resolution conferences
Tracking applications
Collection and disclosure of information
Exemption
Forms
Impartiality
Non confidentiality
Applicable districts and facilities
Repeal
Coming into force
Definitions
1 In this Regulation,
(a) “application” means an application to the Court
(i) for an order under the Family Law Act respecting parenting,
guardianship, contact with a child or enforcement of time with a
child, or
(ii) under the Extra-provincial Enforcement of Custody Orders Act
respecting the enforcement or variation of a custody order or the
making of a custody order;
12
December, 2010
Alberta Rules of Court
Volume 2
Provincial Court Family Law Act
Intake and Caseflow Management Regulation
(b) “caseflow conference” means a conference that has been scheduled
between a caseflow coordinator and the applicant and the respondent,
and their legal counsel, if any, to explore settlement options, facilitate
settlement and facilitate the applicant’s and respondent’s access to the
Court;
(c) “caseflow coordinator” means a coordinator of the Court’s intake and
caseflow management program;
(d) “Court” means the Provincial Court;
(e) “director” means a person designated as a director under the Child,
Youth and Family Enhancement Act;
(f) “intake counsellor” means an employee of the Government of Alberta
who is a family court counsellor.
Starting an application
2(1) Before filing an application with the clerk of the Court, an applicant who is
not represented by legal counsel must consult with an intake counsellor about
options and possible referrals.
(2) Before filing an application with the clerk of the Court, legal counsel for the
applicant must inform the applicant of the option to schedule a caseflow
conference.
(3) A respondent who wishes to respond to an application may consult with an
intake counsellor about options and possible referrals.
Scheduling a caseflow conference
3(1) On filing an application, the clerk of the Court must schedule a caseflow
conference to occur prior to a Court hearing
(a) in each case where the applicant is not represented by legal counsel,
and
(b) where the applicant is represented by legal counsel, if the applicant
requests it.
(2) A caseflow coordinator may waive the requirement to schedule a caseflow
conference if, in the opinion of the caseflow coordinator, it is appropriate for the
application to proceed directly to a Court hearing.
(3) Where the clerk has scheduled a caseflow conference, the applicant must
serve a notice of the date, time and location of the caseflow conference on the
same persons who are to be served with the application to which the caseflow
conference relates in the same manner as that application is to be served.
13
December, 2010
Alberta Rules of Court
Volume 2
Provincial Court Family Law Act
Intake and Caseflow Management Regulation
Caseflow conference may precede respondent’s response
4 The caseflow conference may proceed before the respondent has filed and
served a response to the application pursuant to the Provincial Court Procedures
(Family Law) Regulation.
Attendance at caseflow conference
5(1) The applicant and the respondent must attend the caseflow conference and
may attend with or without legal counsel.
(2) Any other person served under section 3(3) may attend the caseflow
conference or portions that are relevant to that person.
(3) In addition to the persons served under section 3(3), the following may
attend the caseflow conference:
(a) legal counsel;
(b) intake counsellor;
(c) any other person at the discretion of the caseflow coordinator.
Service on and attendance of director
6(1) Where the application relates to a child who is in the custody or comes
under the custody of a director, the applicant must serve the director with notice
of the date, time and location of the caseflow conference.
(2) A director served under subsection (1) is not required to attend the caseflow
conference but may make submissions in writing or otherwise to the caseflow
coordinator.
Non-attendance by applicant or respondent
7(1) Where a caseflow conference has been scheduled and the applicant does not
attend, the caseflow coordinator must notify the clerk of the Court that the
applicant did not attend and the application may be recorded as having been
abandoned.
(2) Where a caseflow conference has been scheduled and a respondent who has
been served under section 3(3) does not attend,
(a) the caseflow coordinator
(i) must notify the clerk of the Court that the respondent did not
attend,
(ii) must inform the clerk of the Court whether the respondent
indicated in writing agreement or disagreement with the order or
orders applied for, and
14
December, 2010
Alberta Rules of Court
Volume 2
Provincial Court Family Law Act
Intake and Caseflow Management Regulation
(iii) may arrange for the preparation of a form of order for the Court’s
consideration or arrange for the applicant to proceed directly to a
Court hearing without further notice to the respondent,
and
(b) the Court may make an order without further notice to the respondent.
Caseflow conference
8(1) When a caseflow conference proceeds with the applicant and respondent in
attendance, the caseflow coordinator must offer to assist them to explore options
and review documentation required for the application to proceed and inform
them of the process to be followed.
(2) Where the issues are resolved, the caseflow coordinator may arrange for the
preparation of a form of consent order and forward it to the Court for its decision.
(3) Where the issues are not resolved, the caseflow coordinator
(a) may, with the consent of the applicant and respondent, refer them to
mediation, to an intake counsellor or to other agencies, as appropriate,
or
(b) may assist the applicant and respondent to consider their options,
including judicial dispute resolution and a Court hearing.
(4) Where the issues are not resolved and the applicant and respondent do not
agree on subsequent proceedings, the caseflow coordinator shall refer them to a
Court hearing.
Adjournments
9(1) Where a caseflow conference has been scheduled, the caseflow coordinator
may adjourn it to another time and place or indefinitely.
(2) The caseflow coordinator may request that the clerk of the Court adjourn a
hearing to another time and place or indefinitely
(a) if the applicant consents to the adjournment and the respondent has not
been served with notice of the Court hearing, or
(b) if the respondent has been served with notice of the Court hearing, and
the applicant and the respondent consent to the adjournment.
Scheduling of judicial dispute resolution conferences
10 The caseflow coordinator may schedule a judicial dispute resolution
conference when the caseflow coordinator considers it appropriate and if the
applicant and the respondent consent.
15
December, 2010
Alberta Rules of Court
Volume 2
Provincial Court Family Law Act
Intake and Caseflow Management Regulation
Tracking applications
11 The caseflow coordinator must monitor the progress of an application
through the proceedings referred to in this Regulation.
Collection and disclosure of information
12(1) The caseflow coordinator may collect the following information for the
purpose of evaluation respecting this Regulation:
(a) demographic information contained in the application or in a court
document relating to the application;
(b) contact information for the applicant and the respondent and their legal
counsel, if any.
(2) Information collected under this section may be disclosed in a summary or
statistical form.
Exemption
13(1) Notwithstanding anything in this Regulation, the applicant or the
respondent may apply to the Court, on giving at least 2 days’ notice to the other
party, for an order exempting the applicant or respondent from the requirement to
comply with all or part of this Regulation, and the Court may exempt the
applicant or respondent if the Court considers that there is good and sufficient
reason to do so.
(2) The Court may waive the requirement to give at least 2 days’ notice.
Forms
14 All documents filed under this Regulation must be in a form satisfactory to
the Court.
Impartiality
15(1) A caseflow coordinator must act impartially.
(2) Neither the applicant nor the respondent may call the caseflow coordinator as
a witness to testify on that person’s behalf in any proceedings before the Court
respecting the caseflow conference.
Non-confidentiality
16 A caseflow conference is not confidential.
16
December, 2010
Alberta Rules of Court
Volume 2
Provincial Court Family Law Act
Intake and Caseflow Management Regulation
Applicable districts and facilities
17 This Regulation applies in respect of a judicial district or a Court facility only
if the chief judge of the Court has designated that district or facility for the
purposes of this Regulation.
Repeal
18 The Intake and Caseflow Management Rules (AR 163/2001) are repealed.
Coming into force
19 This Regulation comes into force on the date the Family Law Act is
proclaimed in force.
17
December, 2010
Alberta Rules of Court
Volume 2
Provincial Court
Constitutional Notice Regulation
(Consolidated up to 110/2012)
ALBERTA REGULATION 102/99
Provincial Court Act
CONSTITUTIONAL NOTICE REGULATION
Notice of constitutional remedy
1(1) Unless a notice has been given under section 24 of the Judicature Act, if in
a proceeding in the Provincial Court relating to the prosecution of an offence
under an Act of the Legislature or an Act of the Parliament of Canada, an
application is to be made to seek
(a) a remedy under section 24(1) or (2) of the Canadian Charter of Rights
and Freedoms or under section 52(1) of the Constitution Act, 1982, or
(b) a determination of any aboriginal or treaty rights under section 35 of
the Constitution Act, 1982,
a written notice of the application must be given.
(2) A notice must be given not less than 14 days before the date on which the
proceeding is scheduled to commence unless the prosecutor agrees to a shorter
period of time.
(3) The notice must be given
(a) to the clerk of the Provincial Court, and
(b) to the office of the prosecutor having carriage of the proceeding.
(4) The notice must state
(a) the law in question, the right or freedom alleged to be infringed or
denied or the aboriginal or treaty right to be determined, as the case
may be,
(b) the day and place on which the application is to be argued,
(c) the relief sought, and
(d) the grounds to be argued, including a concise statement of the
constitutional principles to be argued and a reference to any
statutory provision or rule on which reliance will be placed.
(5) If a notice under section 24 of the Judicature Act or a notice under this
section is given, the proceeding is to be heard by a judge of the Provincial Court.
1
September, 2012
Alberta Rules of Court
Volume 2
Provincial Court
Constitutional Notice Regulation
(6) Where a notice under section 24 of the Judicature Act has not been given in
accordance with that Act or a notice under this section has not been given within
the time provided under subsection (2) but the notice is given after the
proceeding has commenced, if the proceeding is presided over by a justice of the
peace, the justice of the peace
(a) may continue to conduct the proceeding notwithstanding section 3(2)
of the Justice of the Peace Regulation (AR 6/99) or may transfer the
proceeding to a judge of the Provincial Court, and
(b) notwithstanding clause (a), must transfer the proceeding to a judge of
the Provincial Court if requested by the prosecutor or the accused.
AR 102/99 s1;251/2001;110/2012
Coming into force
2 This Regulation comes into force on September 1, 1999.
2
September, 2012
Alberta Rules of Court
Volume 2
Winding-up Rules
Part 57
Part 57 repealed by the judges of the Court of Queen's Bench effective October
1, 2012 pursuant to section 136 of the Winding-up and Restructuring Act
(Canada).
Part 57
1
July, 2013
Alberta Rules of Court
Volume 2
Local Authorities Election Act
Rules as to Practice and Procedure in Controverted Elections
Part 58
Rules as to Practice and Procedure in Controverted
Elections under the Local Authorities Election Act
Court of Queen’s Bench practice
813 The practice upon proceedings under the Local Authorities Election Act,
where not provided for by the Act shall be governed by the practice for similar
proceedings in the Court of Queen’s Bench.
AR 390/68 s813;338/83;155/84
Costs
814 The costs to be allowed for the proceedings shall be those allowed under
Part 47.
AR 390/68 s814;338/83;101/99
Forms
815 The following form or forms to the like effect shall be used:
FORMS
I. Title
All proceedings shall be intituled as follows:
“In the Court of Queen’s Bench of Alberta
Judicial District of .........................
“In the matter of a controverted election pursuant to the Local Authorities
Election Act.
A.B. ...................................., Applicant
VS.
“C.D. (the person whose election is contested).
Respondent.”
Part 58
1
Alberta Rules of Court
Volume 2
Local Authorities Election Act
Rules as to Practice and Procedure in Controverted Elections
II. Recognizance
(Formal part as above)
We, A.B. (the Applicant) and E.F. and G.H. (the sureties) acknowledge that
we owe our Sovereign Lady the Queen, her heirs and successors, the following
sums, viz.: I and the said A.B. the sum of $200 and we the said E.F. and G.H.
each the sum of $100 of good and lawful current money of Canada upon the
condition hereinafter stated:
Whereas the said A.B. has made application for leave to serve a notice of
motion in the nature of a quo warranto upon C.D., a member of the elected
authority of ....... to determine the right of the said C.D. to his seat as such
member; If, therefore, the said A.B. do prosecute the said motion with effect and
do pay to the said C.D. any costs which may be adjudged to him against the said
A.B. then this recognizance to be void, otherwise to stand in full force and virtue.
Taken and acknowledged before me this ...........................day
of ................................., 19......
(Judge or Commissioner, as the case may be.)
I, E.F., one of the sureties named in the foregoing (or annexed, or as the case
may be) recognizance, make oath and say:
That I am possessed of property situate in the Province of Alberta which is
not exempt from seizure under the Civil Enforcement Act of the value of at least
........................ dollars over and above what will pay all my just debts and all
other sums for which I am surety.
Sworn before me at the .......….........
of ............................. in the Province
of Alberta this ..........…..............…...
day of ......................…......., 19.…....
...........................................…..…......
A Commissioner &c.
AR 390/68 s815;338/83;155/84;277/95
Part 58
2
Alberta Rules of Court
Volume 2
Judgment Interest Regulation
(Consolidated up to 205/2016)
ALBERTA REGULATION 215/2011
Judgment Interest Act
JUDGMENT INTEREST REGULATION
Calculation of interest
1 For the purposes of section 4 of the Judgment Interest Act,
(a) the interest rate from January 1, 1993 to December 31, 1993 is
prescribed at 6% per year;
(b) the interest rate from January 1, 1994 to December 31, 1994 is
prescribed at 4.5% per year;
(c) the interest rate from January 1, 1995 to December 31, 1995 is
prescribed at 5.25% per year;
(d) the interest rate from January 1, 1996 to December 31, 1996 is
prescribed at 5.5% per year;
(e) the interest rate from January 1, 1997 to December 31, 1997 is
prescribed at 3.5% per year;
(f) the interest rate from January 1, 1998 to December 31, 1998 is
prescribed at 3.5% per year;
(g) the interest rate from January 1, 1999 to December 31, 1999 is
prescribed at 4% per year;
(h) the interest rate from January 1, 2000 to December 31, 2000 is
prescribed at 6.25% per year;
(i) the interest rate from January 1, 2001 to December 31, 2001 is 6.25%
per year;
(j) the interest rate from January 1, 2002 to December 31, 2002 is
prescribed at 5.25% per year;
(k) the interest rate from January 1, 2003 to December 31, 2003 is
prescribed at 4.5% per year;
(l) the interest rate from January 1, 2004 to December 31, 2004 is
prescribed at 3.75% per year;
1
December, 2016
Alberta Rules of Court
Volume 2
Judgment Interest Regulation
(m) the interest rate from January 1, 2005 to December 31, 2005 is
prescribed at 3.40% per year;
(n) the interest rate from January 1, 2006 to December 31, 2006 is
prescribed at 3.50% per year;
(o) the interest rate from January 1, 2007 to December 31, 2007 is
prescribed at 4% per year;
(p) the interest rate from January 1, 2008 to December 31, 2008 is
prescribed at 4.25% per year;
(q) the interest rate from January 1, 2009 to December 31, 2009 is
prescribed at 2.75% per year;
(r) the interest rate from January 1, 2010 to December 31, 2010 is
prescribed at 0.825% per year;
(s) the interest rate from January 1, 2011 to December 31, 2011 is
prescribed at 1.85% per year;
(t) the interest rate from January 1, 2012 to December 31, 2012 is
prescribed as 1.20% per year;
(u) the interest rate from January 1, 2013 to December 31, 2013 is
prescribed at 1.40% per year;
(v) the interest rate from January 1, 2014 to December 31, 2014 is
prescribed at 1.10% per year;
(w) the interest rate from January 1, 2015 to December 31, 2015 is
prescribed at 1.05% per year;
(x) the interest rate from January 1, 2016 to December 31, 2016 is
prescribed at 0.55% per year;
(y) the interest rate from January 1, 2017 to December 31, 2017 is
prescribed at 0.53% per year.
AR 215/2011 s1;203/2012;197/2013;213/2014;191/2015;205/2016
Repeal
2 The Judgment Interest Regulation (AR 364/84) is repealed.
2
December, 2016