1400467 ALBERTA LTD v ADDERLEY, 2015 ABQB 524


8.4: Trial date: scheduled by court clerk

Case Summary

The Plaintiff applied to file an Amended Amended Amended Statement of Claim. The parties entered into an agreement relating to the filing of an Amended Amended Amended Statement of Claim, as well as filing a Form 37 to set a Trial date. A dispute arose in regard to the merits of the amendment to the Claim. Veit J. considered Section 6 of the Limitations Act, RSA 2000, c. L-12, as they related to the amendments.

Her Ladyship also considered whether or not parties could file a Form 37 even if they had not completed every required pre-trial step. Veit J. noted that, where experienced counsel agree to undertake with the Court that they will complete various pre-trial steps in time, the Court will accept a partially completed Form 37 and set a Trial date. Veit J. referred to Rule 8.4 and noted that the current Rules codify the previous practice of issuing conditional certificates of readiness. The Court, therefore, held that a Form 37 could be filed before all pre-Trial steps were completed if there was an appropriate agreement to ensure completion in place.

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