Civil & Family Case Management

Purpose of Case Management

Under the Alberta Rules of Court, parties to litigation are responsible for managing their dispute and planning its resolution in a timely and cost-effective way: If a party or the Court is not satisfied that the parties are managing their litigation responsibly, there are several options available under Rule 4.11:

  • a procedural Order;
  • a conference under Rule 4.10;
  • Case Management under Rules 4.12, 4.13 and 4.14; and
  • an Order for a specific direction or remedy.

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 Chief Justice or the Associate Chief Justice may direct or recommend a conference under Rule 4.10 before assessing whether or not a case requires Case Management or as an alternative to Case Management. A party may also file an application under Rule 4.10(3) requesting a conference.

Unlike a conference under Rule 4.10, which is intended to provide short-term assistance with litigation management, Case Management involves the appointment of a Case Management Justice 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. Case Management 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 Case Management Justice 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 themselves of a case for the purpose of dealing with a particular step or issue in the litigation. This is not the same as Case Management because the seized Justice has not been appointed as the Case Management Justice by the Chief Justice or the Associate Chief Justice 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 Chief Justice or the Associate Chief Justice to appoint a Case Management Justice, which may often be the formerly-seized Justice.

Appointment of Case Management Justices

Case Management is mandatory for class proceedings (Rule 4.12(3)); cases involving civil juries (Rule 8.2(5)); and cases involving Family Law Practice Note 5. The Chief Justice or an Associate Chief Justice may also appoint a Case Management Justice 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 Case Management Justice is not mandatory, one or more of the following factors may be considered:

  • the case involves Family Law Practice Note 7 or Family Law Practice Note 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 Case Management or directed the parties to apply for Case Management; and
  • any other compelling reason.

To request Case Management, parties must use the Request Form below. Other parties to the case may advise the Court of their position on the request for Case Management by submitting the Response Form below.

Pending further review, responsibility for the assignment of Civil and Family Case Management is as follows:

  • Civil and Family Case Management assignment responsibilities in Edmonton, Wetaskiwin, Hinton, Grande Prairie, Peace River, Fort McMurray and High Level will be handled by Associate Chief Justice Ken Nielsen.
  • Civil and Family Case Management assignment responsibilities in Calgary and Drumheller will be handled by Associate Chief Justice D. Blair Nixon.
  • Civil and Family Case Management assignment responsibilities in Red Deer will be handled by Justice Marilyn Slawinsky insofar as they relate to the assignment of local resident justices. If such assignment requires a non-resident justice, the Case Management request shall be directed to Associate Chief Justice Ken Nielsen.
  • Civil and Family Case Management assignment responsibilities in Lethbridge and Medicine Hat will be handled by Justice Johnna Kubik insofar as they relate to the assignment of local resident justices. If such assignment requires a non-resident justice, the Case Management application shall be directed to Associate Chief Justice D. Blair Nixon.

Request for Appointment of a Case Management Justice

Response to Request for Appointment of a Case Management Justice

After considering the Request Form, and the Response Form where one is provided, a letter will be sent to the parties advising whether Case Management has been granted. If Case Management is granted, a Case Management Justice will be appointed. The Case Management Justice may communicate with the parties setting out directions for the Case Management of the case, which may include: requiring agendas and other materials before Case Management hearings; setting filing and other requirements for Case Management hearings; establishing a process for parties to communicate with the Case Management Justice; and, in some cases, requiring parties to obtain leave from the Case Management Justice before filing any application.

In cases where a request to appoint a Case Management Justice is refused, parties may still request or be offered a conference under Rule 4.10, or they may submit a new request for Case Management based on new or better information.

Parties who request Case Management in Civil Chambers will be directed to request a Rule 4.10 Case Conference, in which the suitability of the matter for Case Management will be carefully assessed. Following receipt of this direction from a Chambers Justice, counsel/parties may write to:

  • Associate Chief Justice Nielsen for matters in Edmonton (including Hinton), Red Deer and Wetaskiwin;
  • Associate Chief Justice Nixon for matters in Calgary, Lethbridge, Medicine Hat and Drumheller;
  • Associate Chief Justice Nielsen for matters in all other regional Judicial Centres.

to request the assignment of a justice to conduct the case conference, supported by a proposed litigation plan. The Supervising Justices in Red Deer and in Lethbridge may also direct matters to Rule 4.10 Case Conferences and assign matters into Case Management with resident Justices in those Judicial Centres.

Similarly, requests for Case Management, supported by a proposed litigation plan, made directly by parties or counsel to Associate Chief Justice Nielsen or to Associate Chief Justice Nixon will continue to be considered, but they may, at their discretion, order the parties to a Rule 4.10 Case Conference, where the suitability of the matter for Case Management will be assessed.

Role of Case Management Justices

Under Rule 4.14, a Case Management Justice 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 Case Management Justice considers necessary.

Unless otherwise directed, the Case Management Justice must hear every application in a case that is under Case Management (Rule 4.14(2)). Parties must always obtain the Case Management Justice’s approval to schedule an application before another Justice or in Chambers. Unless the parties and the Case Management Justice agree otherwise, the Case Management Justice will not hear an application for judgment by way of summary trial or preside at the trial of the case (Rule 4.15).

The Rules and applicable Practice Notes and Notices to the Profession and Public continue to apply to parties whose cases are under case management unless the Case Management Justice directs otherwise.

Removal of Cases From Case Management

Case management is intended to be a time-limited process with a definite end point. Cases will automatically be removed from Case Management at the conclusion of trial unless otherwise ordered. Case Management Justices may remove cases from Case Management at any time if they determine that Case Management is no longer required, for instance, if there has been no activity for an extended period of time. If a case under Case Management settles or there is no longer a requirement for Case Management for any other reason, parties should contact their Case Management Justice to request that the case be removed from Case Management. After a case is removed from Case Management, parties who wish to return to Case Management must submit a new request to the Chief Justice or the Associate Chief Justice under Rule 4.12.