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Prince Edward Island Case Management

Year: 
1997
Description: 

Supreme Court of Prince Edward Island single track case management system that leads to the completion of discoveries and the involvement of case management judges at the earliest dates possible prior to the pre-trial conference.

Status: 

Permanent implementation

Jurisdiction: 

Prince Edward Island

Court: 

Supreme Court of Prince Edward Island

Body Responsible: 

Supreme Court of Prince Edward Island

Timeline: 
1997 Case management implemented via Practice Note
2006 Practice Notes reviewed and consolidated
Purpose: 

The intent behind this case management system is to reduce delays and cost, by completing discoveries and involving case management judges at the earliest dates possible prior to the pre-trial conference.

Description of Reforms: 

The Prince Edward Island Supreme Court has adopted a single track case management system. The Court explicitly states that the case management process is to remain as simple as possible. The case management system is outlined in Practice Note 4 for General Division cases. The stages are as follows:

  • Once the pleadings close, a case management phone call occurs within 45 days after the service of the statement of defence. The case management coordinator sets the date for the call. The case management coordinator is responsible for planning and providing directions for future steps, as well as setting a date for a pre-trial conference. Throughout this process, more than one case management conference may be set, particularly if complex issues arise.
  • The case management conference is informal and done over the telephone. The judge or case management coordinator will briefly discuss the following topics: what are the contested and uncontested issues; the possibility of mediation and other alternative dispute mechanisms being utilized; what information each party will require from the other and dates set for the submission of those materials; what constitutes a reasonable time for a pre-trial conference.
  • Discovery must be completed within 90 days after pleadings are closed.
  • Pre-trial conference: Parties must be fully prepared for trial at the pre-trial conference and all documents must be submitted to the other party and the court. The judge will be prepared to make recommendations for settlement where possible. If the case is not settled, a pre-trial memorandum is prepared outlining what issues remain to be resolved and what have been resolved, as well as an estimate of the length of trial. The parties have the option of accessing the pre-trial judge up until the date of the trial to iron out last minute details.
  • Complex Cases: If a case has a complex issue of law or fact, the case management coordinator must be informed and she will obtain an appointment with a judge to continue the management of the case.
  • All documents including expert reports and the pre-trial memorandum must be filed and served on all parties at least 7 days prior to the pre-trial conference [Rule 50.01].

Practice Note 5 is an alternate case management system for family law cases. The two procedures are quite similar for the most part with some minor differences. Among these differences are shorter time spans for discovery (60 days instead of 90) and requirements for the clients to attend the pre-trial conference.

Revision History:
This summary was last reviewed in Oct 24, 2013:custom:F, Oct 24, 2013:custom:Y.