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Filing Materials at the Clerk’s Office (Court of Queen’s Bench) Masters, Civil and Family Chambers Special Applications: Deadlines and Format

May 27, 2021

Announcement from Resolution and Court Administration Services

1. Deadlines

Materials will be accepted by the Clerk’s Office for filing by email for counsel and in person for self-represented litigants at the Clerk’s Office filing counters, until those counters close at 4:00 pm every weekday. Please note that email filing is mandatory for counsel as per the following announcement: https://albertacourts.ca/qb/resources/announcements/mandatory-email-filing-civil-and-family-proceedings

Many Counsel and parties file materials for Masters, Civil and Family Special applications very close to the 4:00 pm deadlines. If the materials are deficient, there is insufficient time to correct them, and the filing Counsel or Party is therefore required to attend before a Master or Justice to obtain a fiat allowing for the late filing of materials. This is becoming a strain on the Court’s resources.

All Counsel and parties filing materials for Masters, Civil or Justice Special applications are therefore directed to file those materials at or before 12:00 noon on the day in which they are due. In the event that the materials are defective or deficient, the Clerk’s Office will return the materials to the Counsel or Party filing them with a direction to correct the deficiency and re-file the materials prior to 4:00 pm. If the materials can be corrected and re-filed by that time, they will be accepted by the Clerk’s Office and a fiat will not be necessary. Materials that are not filed by 12:00 noon on the day on which they are due will not be accepted for filing that day.

2. Format

All materials for both regular Morning Chambers and Special Chambers applications must be submitted per the Guidelines for Documents Filed by Email or Digital Upload: https://albertacourts.ca/qb/court-operations-schedules/guidelines-for-documents-filed-by-email-or-digital-upload

(a) Concise Letters (Family Practice Note 2)

  1. Concise Letters must comply with paragraphs 40 – 45 of Family Practice Note 2: https://albertacourts.ca/docs/default-source/qb/family-law-practice-note-2---family-law-regular-and-special-chambers-(effective-april-1-2018).pdf.
  2. All documents listed on the appendix per paragraph 45 of Family Practice Note 2 must be sent as one separate document. This document must comply with the requirements of digital document as outlined in the Guidelines for Documents Filed by Email or Digital Upload. Copies of all documents listed on the Appendix must be included. If relevant cases or portions of cases are included, web links to those cases should also be included. This document will NOT be filed with the court. This document will be provided to the member of the judiciary assigned to hear the matter. You will receive a filed copy of your concise letter back from the clerks office.

(b) Briefs:

  1. Briefs must comply with the following deadlines:

    Applicant's materials - 2 weeks following the "triggering date";
    Respondents materials - 4 weeks following the "triggering date"

    The "triggering date" for deadlines will be the date the scheduling confirmation is sent to the parties.

    Alternate filing deadlines may be set by the Court, including deadlines proposed by parties through a Consent Order submitted in accordance with the procedures outlined here.

    Additionally, an appendix of any supporting material must be attached as the last page of the Brief. For case law cited in the Brief, a web link should be included in the appendix.
  2. All documents listed on the Appendix must be sent as one separate document. This document must comply with the Guidelines for Documents Files by Email or Digital Upload. Counsel or parties should not reproduce a full authority when a headnote or extract will suffice. This document will NOT be filed with the court. This document will be provided to the member of the judiciary assigned to hear the matter. You will receive a filed copy of your brief back from the clerks office.