Case Management Counsel
Referral of Cases to Case Management Counsel
Cases are referred to Case Management Counsel ("CMC") in two ways: (i) when appointing a Case Management Justice ("CMJ"), the parties may be directed 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 Chief Justice or Associate Chief Justice, 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
Powers and Duties of Case Management Counsel
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 and by the Rules (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.
CMC may give directions regarding the following:
- 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);
- 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;
- 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
- 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.
CMC may make recommendations to parties regarding any matter in a case including:
- narrowing or resolving issues;
- scheduling and litigation plans, including deadlines for the completion of steps in the litigation;
- parties’ attendance at Court proceedings, including CMJ hearings and CMC hearings;
- procedures to select experts;
- procedures to view, exchange and serve documents (other than documents initiating a Court proceeding);
- sharing of the costs of litigation steps;
- procedures for obtaining leave of the Court;
- issues to be addressed at CMJ hearings;
- 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;
- discouraging unnecessary and/or inappropriate applications;
- parties’ attendance or involvement in available services and procedures, including dispute resolution processes; and
- any other matter that may be assigned by the CJ, ACJ or CMJ.
CMC may perform the following functions:
- conduct conferences under Rule 4.10;
- act as a referee under Rules 6.44 – 6.46;
- attend and participate in CMJ hearings;
- schedule and set agendas for CMJ hearings with the approval of the CMJ;
- attend and participate in Judicial Dispute Resolutions when requested by the CJ, ACJ or CMJ;
- sign fiats as directed by the Court;
- sign Orders under Rule 9.4(2);
- facilitate the preparation of Consent Orders for presentation to the CMJ;
- monitor and assist in the management of litigation;
- provide litigation guidance to parties; and
- vet applications and other materials to ensure parties are in a position to proceed before the Court.
Scheduling a Meeting with Case Management Counsel
When directed to meet with CMC, parties may book hearings as follows:
- for Edmonton, Grande Prairie and Red Deer Judicial Centres by contacting the Edmonton CMC Assistant at: email@example.com or 780-643-0723
- for Calgary, Lethbridge and Medicine Hat Judicial Centres, by sending a request in writing, copied to all other parties, by facsimile transmission to 403-297-3819 or by regular mail to:
Calgary Courts Centre
Attn: Case Management Counsel
Suite 2401-N, 601 - 5 Street SW
Calgary, Alberta, T2P 5P7
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.
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.