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Civil Procedure and Practice in Alberta, 2021 Edition

This practitioner’s quick reference guide is a useful, reliable and concise resource for conducting a civil action in Alberta. It contains summaries with analysis of legal principles, tests and practice points, accompanied by reference to the leading cases throughout.
Publication Language: English
Book
$205.00
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Hardcover | 2,058 pages | Annual – Standing Order Terms Apply

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Published:
ISBN/ISSN: 9780433505938

Product description

Special Student pricing is available. Please contact Paula Sloss, Account Executive Academic Print Products at 416-200-6640 or 1-844-408-0655, or email paula.sloss@lexisnexis.ca for more information.


Though the law of civil procedure has always been an integral part of the justice system, its role has evolved over time. Today, more and more, management of litigation falls to the parties, rather than the courts. As the authors state in the Preface to this volume, “The increasing volume and complexity of our civil procedure suggests that modern procedural law is itself a substantive body of law that must be navigated in order to successfully take an action through trial.” This book is the ideal companion for that journey.

Up-to-date and indispensable
Civil Procedure and Practice in Alberta, 2021 Edition is an annotated version of the Alberta Rules of Court. Written by a litigator and a judge with decades of combined experience, this handy guide provides commentary, case law and practice notes that offer invaluable insight into the increasingly complex process of conducting a civil action. In addition, it collects in one place many of the statutes often referred to in procedural matters.

Easy to access and navigate, this resource will be an indispensable resource for civil litigators and judges looking for guidance on the interpretation of the Rules. In particular, Civil Procedure and Practice in Alberta, 2021 Edition will be useful for:

  • Civil litigation and family law lawyers who will refer to it often – either in the courtroom or in the office
  • Judges who will find it to be a useful resource for their work inside and out of the courtroom
  • Law schools/law libraries who will find it to be a valuable reference for law students, faculty and other borrowers

New in the 2021 Edition

  • Extensive revisions and updates to the commentary in each of Parts 1 through 14 of the Rules.
  • A Note on Covid-19 and the Courts, detailing all the procedural changes in the courts during the pandemic
  • Addition of annotations to the “Definitions” appendix of the Rules.
  • Addition of the Surrogate Rules of Court
  • Addition of Court of Appeal Notices to the Profession
  • Alberta Rules of Court, current to Alta. Reg. 194/20; Includes latest amendments from Order-in-Council 27/2021
  • Discussion of practice issues such as:
    • Competing tenders under Rule 9.34(4)(b)
    • Charging orders for payment of lawyer’s charges under Rule 10.4
    • Hearsay evidence under Rule 13.18
    • Restoration of appeals under Rule 14.47
 

Featured Authors

Table of contents

Introduction

ALBERTA RULES OF COURT (ANNOTATED)
Part 1: Foundational Rules
Part 2: The Parties to Litigation
Part 3: Court Actions
Part 4: Managing Litigation
Part 5: Disclosure of Information
Part 6: Resolving Issues and Preserving Rights
Part 7: Resolving Claims Without Full Trial
Part 8: Trial
Part 9: Judgments and Orders
Part 10: Lawyers’ Charges, Recoverable Costs of Litigation, and Sanctions
Part 11: Service of Documents
Part 12: Family Law Rules
Part 13: Technical Rules
Part 14: Appeals
Part 15: Transitional Provisions and Coming into Force
Part 61.1
Schedule A
Schedule B
Schedule C
Appendix
Definitions

SURROGATE RULES OF COURT
Part 1
Part 2
Part 3
Part 4
Part 5
Schedule 1
Schedule 2
Schedule 3
Forms
Court of Queen's Bench of Alberta Criminal Procedure Rules
Queen’s Bench Resources
Notices to the Profession and Public
Criminal Practice Notes
Civil Practice Notes and Consolidated
Commercial Practice Notes
Family Practice Notes
Court of Appeal Resources
Notices to the Profession and Public
Consolidated Practice Directions
Related Legislation
Alberta Evidence Act, R.S.A. 2000, c. A-18
Civil Enforcement Act, R.S.A. 2000, c. C-15 (sections 1-8, 16-25, and 85-105)
Civil Enforcement Regulation, Alta. Reg 276/95; Alta. Reg. 221/2017 (sections 1-3 and 35.01-48.1)
Class Proceedings Act, S.A. 2003, c. C-16.5
Contributory Negligence Act, R.S.A. 2000, c. C-27
Court of Appeal Act, R.S.A. 2000, c. C-30 (sections 1-12)
Court of Queen’s Bench Act, R.S.A. 2000, c. C-31 (sections 1-16.2)
Extra-Provincial Enforcement of Custody Orders Act, R.S.A. 2000, c. E-14
Interjurisdictional Support Orders Act, S.A. 2002, c. I-3.5
Interpretation Act, R.S.A. 2000, c. I-8
Interprovincial Subpoena Act, R.S.A. 2000, c. I-9
Judgment Interest Act, R.S.A. 2000, c. J-1
Judgment Interest Regulation, Alta. Reg. 215/2011
Judicature Act, R.S.A. 2000, c. J-2
Jury Act, R.S.A. 2000, c. J-3
Limitations Act, R.S.A. 2000, c. L-12
Proceedings Against the Crown Act, R.S.A. 2000, c. P-25
Provincial Court Act, R.S.A. 2000, c. P-31 (sections 1, 2, 9.1-9.51, 9.6-9.9, 22-68)
Reciprocal Enforcement of Judgments Act, R.S.A. 2000, c. R-6
Tort-Feasors Act, R.S.A. 2000, c.T-5