With the implementation of Family Docket Court in Calgary and Edmonton, and in accordance with the new responsibilities assigned to Case Management Counsel (CMC) (now referred to as Resolution Counsel or RC), the Court is making a number of changes to the way it conducts case management.
Criminal matters that have formally been assigned into case management under Criminal Code s. 551.1 are not affected by this Announcement.
1. Files Currently Assigned to Case Management
a) Family matters that are required to be under case management per Family Practice Notes 7 and/or 8
These matters will remain in case management with the Case Management Justice.
b) Family matters that are not required to be under case management per Family Practice Notes 7 and/or 8
Unless the Case Management Justice determines otherwise, these matters will be removed from case management effective six months from the date of this Announcement or 12 months following a period of case management litigation inactivity, whichever occurs first. Case management inactivity is defined as no scheduling of hearings or hearings held with the Case Management Justice.
c) Civil (non-Family) case management
If the matter is required to be under case management as it is an action commenced or continued under the Class Proceedings Act, SA 2003 c C-16.5 or it is an action to be tried before a jury, it will remain under case management.
For matters that are not required to be under case management pursuant to the Class Proceedings Act or that are to be tried before a jury, unless the Case Management Justice determines otherwise, these matters will be removed from case management effective six months from the date of this Announcement or 12 months following a period of case management litigation inactivity, as defined above.
2. Future Case Management
a) Family Docket Court and Family Chambers
No case management will be assigned from either Family Docket Court (in Edmonton or Calgary) or Family Chambers. The Justice presiding in either Family Docket Court or Family Chambers may direct that the parties request a Case Conference, pursuant to Rule 4.10 of the Alberta Rules of Court, AR 124/2010 (a Rule 4.10 Case Conference). Requests for a Rule 4.10 Case Conference shall be made as follows:
i) in Northern Regional Centres without residential Justices (Fort McMurray, Peace River, Grande Prairie and St. Paul), from Chief Justice Moreau;
ii) in Calgary and Drumheller, from Associate Chief Justice Rooke;
iii) in Edmonton and Wetaskiwin, from Associate Chief Justice Nielsen;
iv) in Lethbridge and Medicine Hat, from Justice Miller; and
v) in Red Deer, from Justice Bast.
b) Family Practice Note 7
The Justice granting a Practice Note 7 Intervention Order shall receive the Reports pursuant to such Order and shall consider whether to have the matter referred to possible case management, by directing that the parties request a Rule 4.10 Case Conference, to the applicable Chief Justice, Associate Chief Justice, or the Supervising Justices as set out in paragraph 2(a) above, together with any recommendations.
c) Family Practice Note 8
The applicable Chief Justice, Associate Chief Justice, or the Supervising Justices as set out in paragraph 2(a) above, will continue to assign a Case Management Justice pursuant to Practice Note 8.
d) Civil (Non-Family) Matters
Notice to Profession NPP 2019-07: Case Conferences before Case Management remains in effect. New requests for case management in Civil (non-Family) cases, supported by a Litigation Plan, may continue to be made directly to the applicable Chief Justice, Associate Chief Justice, or the Supervising Justices as set out in paragraph 2(a) above.