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Inventory of Reforms

Alberta Discovery Amendments – Cost of Justice


Overview of amendments to Alberta’s Queen’s Bench Rules of Court governing discovery process and procedures affecting the cost of justice, 1999-2008.

Permanent implementation


Court of Queen’s Bench

Body Responsible:
Rules of Court Committee

1999: Amendments came into effect
2002: Discovery Memo 1 released
2002: Discovery Memo 2 released
2007: Draft Rules released
2008: “Proposed Rules of Court” released

Alberta Rules of Court.External Link
Alberta Rules of Court Project: Document discovery and examination for discovery (Consultation memorandum no. 12.2) (Alberta Law Reform Institute, 2002). [Discovery Memo 1]
Alberta Rules of Court Project: Discovery and evidence issues – Commission evidence, admissions, Pierringer agreements and innovative procedures (Consultation memorandum no. 12.7) (Alberta Law Reform Institute, 2003). [Discovery Memo 2]
Alberta Rules of Court: Test Draft 3 (Edmonton, Alberta: ALRI, 2007). [Draft Rules]
Alberta Law Reform Institute, Alberta Rules of Court Project: Proposed Rules of CourtPDFExternal Link (Edmonton: ALRI, 2008).

Related Reforms:
See also Alberta Streamlined Procedure (Part 48)

The 1999 amendments were the result of the recommendations of a joint Bench-Bar committee. Subsequently, these recommendations were adopted by the Rules of Court Committee. The Law Society issued a memorandum after the rules came into force stating overall satisfaction, but had some concerns. Some of these concerns were addressed and amended. Other concerns were more complex.

As a result, the Alberta Law Reform Institute began to examine the discovery process as part of its Alberta Rules of Court Project. It released two reports specifically addressing discovery issues. Substantially revised discovery rules were released in March 2007. Since then, the new rules of court have been subject to some review and adjustment. The final Proposed Rules of Court were released in October 2008.

There was a general dissatisfaction with the discovery process in Alberta prior to 1999. Problems included concerns about document discovery and the production of unnecessary documents, the need for automating certain procedures, instituting sanctions, and narrowing the scope of discovery questions.

Description of Reforms:

Revision History:
This summary was last reviewed in Dec 02, 2013