Alberta’s New Mandatory Litigation Plan Requirement: What It Means for Civil Litigants and Their Counsel
Written by: Daime Vezzosi
In July 2025, the Court of King’s Bench of Alberta introduced a new requirement that changes how civil claims are managed by placing an emphasis on timely and efficient resolution. This article highlights the key changes made by the Court.
The Changes
Effective September 1, 2025, all civil (nonfamily) cases started by Statement of Claim must include a litigation plan filed with the Court, pursuant to the Notice to the Profession and Public #2025-02.
A template is provided through the Court of King’s Bench’s website.
Parties in a lawsuit must agree on and file a litigation plan within four months of service of the first Statement of Defence. The service of the first Statement of Defence is considered the ‘trigger date’.
If parties can’t agree to the litigation plan within these four months, they must apply to an Applications Judge to resolve and finalize the same.
What Timelines are Covered?
The deadlines are calculated from the trigger date. The general timeline is:
By Month 5 – Exchange all relevant documents.
By Month 8 – Finish pleadings and add any third-party claims.
By Month 12 – Identify witnesses.
By Month 17–27 – Conduct questioning and medical examinations.
By Month 22 – Apply for a trial date.
By Month 29–33 – Exchange expert reports.
By Month 33 – Complete alternative dispute resolution (such as mediation).
By Month 36 – Trial should begin.
Minor changes to these deadlines can be agreed on or approved by the Court if needed.
The Reason for the Changes
The Court’s stated goal is to reduce delays and improve access to justice by encouraging early planning and scheduling of key litigation steps rather than allowing cases to continue indefinitely.
The bottom line is that planning is now mandatory rather than optional.
The Interrelationship of the Litigation Plan and the Rules of Court
Although the Alberta Rules of Court predate this new implementation, the litigation plan requirement aligns closely with the principles behind Rules 4.3 and 4.4 of the Alberta Rules of Court, which distinguish standard and complex cases based on factors such as:
The amount and nature of the claim;
The number of parties;
The number of documents;
The complexity of the issues;
Whether expert reports or medical exams are needed; and
Whether third-party claims are involved.
Per the Rules, if the parties are of the opinion that the case at hand is ‘standard’, then Rule 4.4(2) requires the service of a litigation plan. However, if the parties are of the opinion that the case at hand is ‘complex’ then Rule 4.5(1) requires the service of a ‘complex case’ litigation plan. The Rule goes on to outline specifics of what is included in the same.
In the new litigation plan, the specifics of the ‘complex case’ litigation plan are included into one, universal, litigation plan, as this new litigation plan does not differentiate between types of cases.
Based on the foregoing, the Rules remain substantively consistent with the new framework, with their existing distinctions effectively functioning through a single, standardized litigation plan.
The litigation plan requirement also interacts with Rule 4.33, which allows an action to be dismissed if three years pass without a significant advance in the action. The litigation plan addresses timing from the outset, by helping prevent cases from ever reaching that three-year threshold.
Practical Impacts
For Lawyers:
More proactive case management discussions early in every file;
Greater emphasis on expedient planning and coordination rather than routine back-and-forth scheduling; and
Early engagement with opposing Counsel.
For Clients:
Greater predictability about how long a case can take;
Fewer surprises and frustrations about extended delay in litigation; and
Must be prepared to make strategic decisions sooner.
Compliance & Consequences
If parties fail to file a litigation plan or agree on one, they must seek the Court’s direction for a litigation plan.
The Court has authority under Rule 10.49 to impose penalties for failure to comply with Court directives, including litigation plan requirements.
Why This Matters
This reform signals that Alberta’s civil litigation system is moving towards structured, Court-managed litigation with clear expectations and measurable deadlines.
Unlike past practice, where delays were common, this approach expects active scheduling and documents those timelines in writing.
SB LLP: Clear Strategy and Strong Advocacy in Alberta Civil Litigation
For litigators and civil litigants, understanding and implementing litigation plans isn’t optional, as it is now procedurally required, and failing to engage early and constructively may impact case progress and outcomes.
Effective September 2025, the question for civil litigants is no longer whether to plan, but how well that plan positions their case for resolution.
If you have any questions about litigation plans or civil litigation matters in general, please do not hesitate to contact the writer, Daime Vezzosi at SB LLP.
