Alberta Court of King’s Bench Overhauls Surrogate Case Conference Policies
In a move to enhance efficiency and clarity in estate litigation, the Alberta Court of King’s Bench has introduced significant revisions to its policies and procedures for Surrogate Case Conferences (SCCs). Formerly known as Estate Case Conferences, the renamed process aims to reduce confusion and streamline dispute resolution in surrogate matters.
The changes follow a successful pilot project launched in 2019, where Justices conducted Estate Intervention Conferences to address estate litigation issues early on. Building on this initiative, the Court expanded the program in 2022, making case conferences available at any stage of estate litigation. This flexibility allows parties to seek resolution opportunities earlier or later in the legal process, depending on their needs.
Under the updated procedures, SCCs are now accessible in all Judicial Centres across Alberta. This broader availability ensures that litigants throughout the province can benefit from these conferences, regardless of their location. The Court has also embraced technological advancements, offering the option for conferences to be conducted remotely, in line with its current policies on in-person and virtual hearings.
The process for arranging an SCC has been streamlined to improve accessibility. Parties can request a conference when filing a Statement of Claim in a surrogate matter or submitting a Form C1. Requests must be directed to the appropriate Surrogate Co-Chair—Justice J.S. Little for Red Deer and North, and Justice R.W. Armstrong for the South. These requests should specify the type of conference sought, provide a brief case summary, and suggest mutually agreeable dates for the session.
The Court has introduced two formats for SCCs: one-hour conferences and half-day conferences. For one-hour sessions, the Surrogate Co-Chair will assign a Justice and provide scheduling instructions. Half-day conferences, on the other hand, will be coordinated by the Civil Coordinator, who will work with the parties to find a suitable date. If consensus on a one-hour conference cannot be reached, parties may file an application with the Surrogate Clerks’ Office to have the matter heard in morning chambers.
Preparation is key to the success of SCCs. Parties are required to submit all relevant materials, including additional pleadings, a proposed agenda, and a brief history of the litigation, to the assigned Justice and each other by noon on the Friday before the scheduled SCC week. This ensures that all participants are well-prepared and can engage meaningfully in discussions.
The primary goals of SCCs remain unchanged: to clarify and prioritize issues, assess the scope and potential costs of court proceedings, and explore possibilities for non-court-imposed resolutions. If a resolution is not reached during the conference, the matter may be set for a court-imposed resolution, with a focus on establishing a clear litigation plan to guide the case forward.
These revised policies and procedures reflect the Court’s commitment to improving the efficiency and effectiveness of surrogate litigation. By providing greater opportunities for early and cost-effective resolution, the Alberta Court of King’s Bench aims to reduce the burden on litigants and the court system, ensuring that contentious surrogate matters are addressed with clarity and fairness.
Alberta Court of King’s Bench Overhauls Surrogate Case Conference Policies
In a move to enhance efficiency and clarity in estate litigation, the Alberta Court of King’s Bench has introduced significant revisions to its policies and procedures for Surrogate Case Conferences (SCCs). Formerly known as Estate Case Conferences, the renamed process aims to reduce confusion and streamline dispute resolution in surrogate matters.
The changes follow a successful pilot project launched in 2019, where Justices conducted Estate Intervention Conferences to address estate litigation issues early on. Building on this initiative, the Court expanded the program in 2022, making case conferences available at any stage of estate litigation. This flexibility allows parties to seek resolution opportunities earlier or later in the legal process, depending on their needs.
Under the updated procedures, SCCs are now accessible in all Judicial Centres across Alberta. This broader availability ensures that litigants throughout the province can benefit from these conferences, regardless of their location. The Court has also embraced technological advancements, offering the option for conferences to be conducted remotely, in line with its current policies on in-person and virtual hearings.
The process for arranging an SCC has been streamlined to improve accessibility. Parties can request a conference when filing a Statement of Claim in a surrogate matter or submitting a Form C1. Requests must be directed to the appropriate Surrogate Co-Chair—Justice J.S. Little for Red Deer and North, and Justice R.W. Armstrong for the South. These requests should specify the type of conference sought, provide a brief case summary, and suggest mutually agreeable dates for the session.
The Court has introduced two formats for SCCs: one-hour conferences and half-day conferences. For one-hour sessions, the Surrogate Co-Chair will assign a Justice and provide scheduling instructions. Half-day conferences, on the other hand, will be coordinated by the Civil Coordinator, who will work with the parties to find a suitable date. If consensus on a one-hour conference cannot be reached, parties may file an application with the Surrogate Clerks’ Office to have the matter heard in morning chambers.
Preparation is key to the success of SCCs. Parties are required to submit all relevant materials, including additional pleadings, a proposed agenda, and a brief history of the litigation, to the assigned Justice and each other by noon on the Friday before the scheduled SCC week. This ensures that all participants are well-prepared and can engage meaningfully in discussions.
The primary goals of SCCs remain unchanged: to clarify and prioritize issues, assess the scope and potential costs of court proceedings, and explore possibilities for non-court-imposed resolutions. If a resolution is not reached during the conference, the matter may be set for a court-imposed resolution, with a focus on establishing a clear litigation plan to guide the case forward.
These revised policies and procedures reflect the Court’s commitment to improving the efficiency and effectiveness of surrogate litigation. By providing greater opportunities for early and cost-effective resolution, the Alberta Court of King’s Bench aims to reduce the burden on litigants and the court system, ensuring that contentious surrogate matters are addressed with clarity and fairness.
Conclusion
The Alberta Court of King’s Bench has made significant strides in modernizing the legal process through the updated Surrogate Case Conference policies. By expanding accessibility across all Judicial Centres and incorporating remote options, the court aims to enhance efficiency and fairness in estate litigation. These changes streamline the process, reduce costs, and offer parties the flexibility to seek resolutions at various stages. The court’s commitment to clarity and effectiveness ensures that contentious matters are addressed with precision, benefiting both litigants and the judicial system as a whole.
Frequently Asked Questions
What is the purpose of Surrogate Case Conferences (SCCs)?
SCCs aim to clarify issues, assess potential costs, and explore non-court resolutions in estate litigation.
How do I request a Surrogate Case Conference?
Request an SCC when filing a Statement of Claim or submitting Form C1, directing it to the appropriate Surrogate Co-Chair with required details.
What are the differences between one-hour and half-day conferences?
One-hour conferences are assigned by the Surrogate Co-Chair, while half-day conferences are coordinated by the Civil Coordinator for more complex issues.
How should I prepare for an SCC?
Submit all relevant materials, including pleadings, agenda, and case history, by the Friday before the SCC week to ensure prepared participation.
Who are the Surrogate Co-Chairs and their regions?
Justice J.S. Little oversees Red Deer and North, while Justice R.W. Armstrong handles the South.
Can I attend an SCC remotely?
Yes, remote attendance is permitted, aligning with the court’s policies on virtual hearings.
