Upcoming Changes to Civil and Family Trials in Alberta

Written by: Zoe Hastings, Student-at-Law

The provincial government recently amended the Alberta Rules of Court and beginning in January 2024, ‘streamlined trials’ will be introduced for specific civil and family law cases. Alberta Justice stated this transition is motivated by the belief that streamlined trials will lead to a more efficient use of the court’s resources to create a more accessible legal system for Albertan’s.

Parties, involved in civil or family matters, may apply for a streamlined trial. Although, it is ultimately the court’s decision to decide the best option available based on whether the matter can be resolved fairly, the associated costs, the availability of court resources, and the complexity of the issues.

Streamlined trials adopt a summary-trial approach, accompanied by specific rules and procedures designed to facilitate the movement of these cases through the legal system. Consisting of primarily written evidence, streamlined trials place the responsibility on both parties to identify the core issues and agree on relevant facts and records to be submitted.

While summary trials have existed in Alberta, primarily for family court cases, these updated rules intend to expand the adoption of this process - improving the ability to more efficient and affordable access to justice.

While the goal is to simplify the legal process and make it more accessible and efficient, the true impact of these changes, especially in complex family law cases, remains to be seen. Additional measures, such as corresponding protocols or practice notes, may be necessary to ensure a genuinely streamlined and accessible legal process.

Overall, these changes represent a significant step towards a more efficient and accessible justice system in Alberta, but their full implications will become clearer as they come into effect in the new year.

If you have any questions regarding how these changes will affect your matter, and/or any further questions regarding your civil or family case please do not hesitate to contact one of the lawyers in our Family Law or Litigation Departments.

*Disclaimer: This article is not intended to provide legal advice and is for information purposes only. Further, and as noted within, the proposed amendments have not yet taken effect.