Litigators optimistic about Alberta’s efforts to trim trial timelines, but say more resources needed
Alberta is taking bold steps to tackle a long-standing issue plaguing its legal system: court delays. The province’s civil trial timelines have been a subject of concern for years, with cases often dragging on for years before resolution. In response, the Alberta Court of King’s Bench has introduced a series of reforms aimed at streamlining the litigation process and ensuring timely access to justice.
These initiatives include stricter enforcement of deadlines, mandatory litigation plans, and a cultural shift toward timely trial scheduling. The reforms are part of a broader effort to address delays that have frustrated both litigators and the public. While many in the legal community view these changes as a step in the right direction, they caution that more resources are needed to fully realize their potential.
Key Reforms Aim to Streamline Civil Litigation
- Mandatory Deadlines and Stricter Enforcement: The Court now treats litigation timelines as non-negotiable. Deadlines under the Alberta Rules of Court or those agreed upon in litigation plans must be met. Failure to comply can result in procedural consequences, eliminating the voluntary pace that has historically led to years-long delays.
- Civil Trial Target of 36 Months: The Court has set an explicit expectation that non-family civil trials should be resolved within 36 months from the service of the first Statement of Defence. This “Civil Trial Target” signals that cases should not drag on indefinitely and must be actively advanced toward trial within a defined period.
- Mandatory Litigation Plans: As of July 2025, all civil (non-family) cases will require a litigation plan detailing the steps and schedules necessary to move a case efficiently toward trial. This shift demands early and proactive preparation by counsel, with plans tailored to the complexity of the case.
- Earlier Trial Scheduling Pilot Project: Traditionally, Alberta courts scheduled trials only after all pre-trial steps were completed, often leading to further delays. A new pilot project allows parties to apply for trial dates much earlier in the process—specifically, once pleadings have closed and 90 days after the exchange of affidavits of records. This reduces wait times and creates predictability in the litigation process.
- Reforms Inspired by the Supreme Court: These changes echo the Supreme Court of Canada’s call for a “culture shift” to promote timely and affordable access to justice, as highlighted in cases like Hryniak v. Mauldin (2014). Alberta’s approach is part of a national movement to address trial delays and improve access to justice.
While these reforms have been met with optimism, litigators emphasize that their success depends on addressing systemic challenges within the justice system. Chronic judicial vacancies, limited courtroom space, and a shortage of court staff remain significant bottlenecks. Without additional resources, there is skepticism that the new timelines will consistently be met.
For now, Alberta’s legal community waits to see whether these reforms, combined with the necessary investment in the court system, will achieve their intended goal of ensuring timely justice for all.
Challenges and Next Steps in Alberta’s Court Reform Efforts
While the reforms implemented by the Alberta Court of King’s Bench have been met with optimism, the legal community has highlighted several challenges that could hinder their effectiveness. Chief among these is the need for additional resources to support the court system. Lawyers have pointed to chronic judicial vacancies, insufficient courtroom space, and a shortage of court staff as systemic issues that could undermine the reforms. Without addressing these structural deficiencies, there is skepticism about whether the new timelines will be consistently met.
The earlier trial scheduling pilot project, in particular, has the potential to reduce wait times and create greater predictability in the litigation process. By allowing parties to apply for trial dates once pleadings have closed and 90 days after the exchange of affidavits of records, the Court aims to break the traditional cycle of delays. However, the success of this initiative will depend on the Court’s ability to allocate sufficient resources to manage the increased demand for earlier trial dates.
The mandatory litigation plans, set to take effect in July 2025, represent a significant shift in how cases are managed. These plans require counsel to take a proactive approach to litigation, outlining the steps and schedules necessary to move cases efficiently toward trial. While this change is expected to streamline the process, it also places a greater burden on legal professionals to prepare thoroughly from the outset. Lawyers have expressed concerns about whether all counsel will adhere to these new requirements, particularly in complex cases where the stakes are high.
The Court’s emphasis on a “culture shift” toward timely trial scheduling aligns with the Supreme Court of Canada’s call for a more efficient justice system. The landmark decision in Hryniak v. Mauldin (2014) underscored the need for a faster and more affordable access to justice, and Alberta’s reforms are part of a broader national movement to address these issues. However, achieving this cultural shift will require sustained effort and commitment from all stakeholders, including the judiciary, legal professionals, and policymakers.
Looking ahead, the success of Alberta’s civil litigation reforms will depend on whether the province is willing to invest in the necessary infrastructure and personnel to support these changes. Litigators have called for increased funding to address judicial vacancies, expand courtroom capacity, and hire additional court staff. Without these investments, the reforms risk being undermined by the same systemic bottlenecks that have plagued the system for years.
For now, the legal community remains cautiously optimistic. The reforms represent a bold step forward in addressing court delays and improving access to justice. However, the ultimate test will be whether Alberta can muster the resources and political will to ensure these changes translate into meaningful results for litigants.
Conclusion
Alberta’s civil litigation reforms represent a significant step toward addressing court delays and improving access to justice. While the changes aim to streamline the litigation process and reduce wait times, their success hinges on addressing systemic challenges such as judicial vacancies, courtroom capacity, and staffing shortages. The mandatory litigation plans and trial scheduling pilot project are promising initiatives, but they require a cultural shift and sustained commitment from all stakeholders. As Alberta moves forward, the legal community remains cautiously optimistic, recognizing that meaningful results will depend on adequate resources and political will.
Frequently Asked Questions
What are the main goals of Alberta’s court reform efforts?
The reforms aim to reduce court delays, improve predictability in the litigation process, and enhance access to justice by streamlining case management and trial scheduling.
What challenges could hinder the effectiveness of these reforms?
Key challenges include chronic judicial vacancies, insufficient courtroom space, staffing shortages, and the need for cultural shifts in how cases are managed by legal professionals.
How will the mandatory litigation plans impact legal professionals?
The plans require counsel to take a proactive approach to case management, outlining clear steps and schedules to move cases efficiently toward trial. This places a greater burden on legal professionals to prepare thoroughly from the outset.
What is the significance of the trial scheduling pilot project?
The pilot project allows parties to apply for trial dates earlier in the litigation process, aiming to break the cycle of delays and create greater predictability in trial timing.
How does Alberta’s reform align with national justice goals?
The reforms align with the Supreme Court of Canada’s call for a more efficient justice system, as highlighted in the landmark decision Hryniak v. Mauldin (2014), which emphasized the need for faster and more affordable access to justice.
What’s next for Alberta’s court reform efforts?
The success of the reforms will depend on securing adequate funding for judicial vacancies, courtroom capacity, and court staff. Stakeholders must also commit to sustaining the cultural shift toward timely and efficient case management.
