Civil Procedure and Practice: Recent Developments

This article provides a comprehensive and detailed review of recent changes to civil procedure and practice, and particularly how these changes are affecting the way in which civil litigation is conducted. The authors' commentary is focused on the practice and procedure of civil litigation within the province of Alberta as well as emerging trends. With the rapid rate of change to the rules respecting civil actions that has been experienced in the recent past, and with prospective changes in the immediate future, the authors have amalgamated both into their summary. The article looks at how recent changes to the Alberta Rules of Court have been examined and given judicial treatment by the courts in Alberta. By means of a review of recent cases, a multitude of elements of the civil litigation process, including pleadings, interlocutory applications, evidence, costs, and the new summary trial rules, are examined in respect to these recent changes. Included is also a review of the proposed new rules relating to discovery of documents that are soon expected to be in force.