📰 Legal Update: New Mandatory Litigation Plans in Alberta

📌 Background

In February 2025, the Court of King’s Bench of Alberta released Notice to the Profession 2025-02, introducing mandatory litigation plans for all civil (non-family) actions commenced on or after September 1, 2025.

This marks a significant shift: previously, only complex cases required litigation plans. Now, even standard civil cases must have a clear roadmap for resolution within 36 months of the first statement of defence.

📌 Key Features

1. Mandatory Filing of Litigation Plan

   • Must be filed within 4 months of the first statement of defence.

   • Applies to all non-family civil cases.

     
     

2. Timelines

   • Triggered by the filing of the statement of defence.

   • Trial expected within 36 months.

     
     

3. ADR Requirement

   • Emphasis on Alternative Dispute Resolution, particularly mediation.

     
     

4. Interlocutory Applications

   • Filing such applications does not automatically suspend deadlines, unless agreed or ordered.

📌 Relevant Rules

• Rule 1.2: Fair, timely, and cost-effective resolution.

• Rule 4.1–4.12: Parties must manage disputes, respond reasonably, and participate in ADR.

• Rule 4.7: Parties must monitor and adjust timelines.

• Rule 4.9–4.10: Court may issue procedural orders and require case conferences.

• Rule 4.31 / 4.33: Allow dismissal for inordinate, inexcusable, or long delay.

📌 Practical Impact

• Lawyers must prepare litigation plans early, ideally alongside pleadings.

• Parties should expect stricter deadlines and fewer adjournments.

• Failure to comply may result in cost sanctions, or in severe/repeated cases, dismissal of claims.

📌 Conclusion

The new mandatory litigation plans reflect the Court’s determination to shorten litigation timelines in Alberta. While challenges remain—particularly institutional delays in scheduling—lawyers and litigants alike must now treat case management as a central part of civil procedure.

👉 At Jade Sunrise Law, our team closely monitors these procedural changes and advises clients on how to navigate litigation efficiently and strategically under the new framework.