Welcome to JSS Barristers Insights. Here you’ll find a variety of thought-leadership, from concise summaries of regulations to more in-depth analyses of how Rules of Court can affect the courts’ decisions.
Category: Rules
Got a Limitations Defense to an Originating Application? Seek Leave!
May 17, 2024
If a Defendant plans to rely on a limitations defence, they must plead it. But what if an Action is commenced by Originating Application and the Respondent has no right to file a Statement of Defence? Andrea MacLean and Ripple Kaila discuss advice from the ABKB regarding how to advance a limitations defence in an Action initiated by Originating Application.
Dry Wells and Dead-End Pleadings: CPN7's Selective Role in Striking Pleadings
May 14, 2024
Giovanni Perri comments on a recent Alberta Court of Appeal decision that provides guidance on when the use of Civil Practice Note 7 is warranted.
Defendants are entitled to “poke the bear” without worrying about the consequences of Rule 4.33
March 1, 2024
Charlotte Stokes and Giovanni Perri comment on a recent Court of King's Bench decision about Rule 4.33.
Part 7 of Rules of Court Continue to be Underutilized in Alberta
February 2, 2021
In Hannam v Medicine Hat School District No. 76, 2020 ABCA 343, the Alberta Court of Appeal noted that despite the culture shift called for in the Supreme Court’s decision in Hryniak v Mauldin, 2014 SCC 7, the summary procedures provided for in Part 7 of the Rules of Court continue to be underutilized in Alberta. In emphasizing this point, the Court of Appeal urged both the judiciary and litigants to make more robust use of these processes.
The Delay Rules in a World of Suspended Limitations
September 16, 2020
How did the Ministerial Order of March 30, 2020, affect Rules 4.31 and 4.33? Gavin Price and Charlotte Stokes take a look at how the courts may interpret the Order's effect on what is sometimes referred as the "Delay Rules."
Can an Originating Application be Amended?
May 27, 2020
Laura Warner and Cassandra Sutter summarize how Rules 3.8 and 3.14 govern actions started by Originating Application.
Rule 4.31 and 4.33 in a World of Suspended Limitations
April 28, 2020
In response to limited Court access and other restrictions, a Ministerial Order was issued in late-March to "push pause" on litigation. Gavin Price and Charlotte Stokes explain the Order's potential effects on deadlines.
Recent Amendments to the Rules of Court
April 1, 2020
The Legislature has amended the Rules of Court by way of an Order in Council. David J. Marshall has noted the key amendments for civil litigators in his most recent article published on our COVID-19 Resource Page