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Report on New Probate Rules
…administration and the filing of the application; a single application form for a grant or resealing, comprising the information now found in the applicant’s affidavit and the disclosure document concerning…
Report on Proposals for a New Commercial Tenancy Act
…has outlived its utility as a legal framework for commercial leasing in British Columbia. The Report on Proposals for a New Commercial Tenancy Act provides a practical model for a…
Vancouver Justice Access Centre Self-help and Information Services (previously BC Supreme Court Self-Help Information Centre)
…as references to services that are available through the Vancouver Justice Access Centre. Status: Ongoing collaboration Jurisdiction: British Columbia Court: BC Supreme Court, Civil and Family divisions Body Responsible: Collaboration…
Federal Electronic Filing Service
…The filer is provided with a web link to a proxy of the Court’s copy of the e-filed document and any attachments to review the Court’s version on file to…
Consultation Paper: Civil Rights in Saskatchewan Long-term Care Facilities
…is intended to provide background for a discussion about ways to protect the rights of residents in long-term care. The questions for consideration set out below are intended to help…
Joint and Several Liability Under the Ontario Business Corporations Act
…joint and several liability that operates for claims relating to OBCA corporations should be reformed to some version of proportionate liability and/or a statutory cap on damages. Results: After reviewing…
Modernization of the Provincial Offences Act
…Attorney General LCO Counsel in Residence, 2009-2010, and Mohan Sharma, MAG LCO Counsel in Residence 2010-2011. Status: Completed Jurisdiction: Ontario Body Responsible: Law Commission of Ontario Timeline: 2011: Final Report…
Seniors-only Housing
Year: 2011 Description: This report considers whether to amend the Nova Scotia Human Rights Act to provide an exemption for seniors-only housing. Under such an exemption, a housing development (nursing…
BC Court Services Online (Electronic Filing)
…to e-file, you must have a registered account with CSO or BC Online, accept the User Agreement and have a registered card against the account. For information on how to…
Estate Administration
Year: 2015 Description: In the Final Report on Estate Administration, the Alberta Law Reform Institute (ALRI) makes recommendations for reform of the Administration of Estates Act. The Report for Discussion…
Administrative Adjudicative Decisions: Statutory Review Mechanisms
…appealing adjudicative decisions made by administrative tribunals. These tribunals include any administrative board, commission, agency or other body, which exercises adjudicative decision-making power under provincial legislation. Status: Completed Jurisdiction: Alberta…
Manitoba Small Claims Court
…Reform Commission conducted a review of the adjudication of small claims in the Province. A number of recommendations were made, including recommendations relating to creation of a separate division for…
Ontario Mandatory Mediation Program (Rules 24.1 and 75.1)
…appearance, applicants are required to bring a motion for directions relating to the conduct of the mediation. At the motion for directions, the court may direct such matters as: the…
Alberta Summary Trial Rules
…(Court of Queen’s Bench of Alberta, September 2000). Summary Disposition of Actions, Alberta Rules of Court ProjectPDFExternal Link (Alberta Law Reform Institute, August 2004). [Summary Disposition of Actions] Alberta Law…
Limitations
…way for current times. Status: Completed Jurisdiction: Manitoba Publications: The Limitation of Actions Act Limitations Limitations Purpose: The Limitations report concerns itself with a review and discussion of The Limitation…
Federal Court Rules – Case Management and Dispute Resolution Services (Part 9)
…to be appointed as case management judge. To amend the rules to allow the Court to order at any time that a case proceed as a specially managed proceeding. To…
BC Court of Appeal Case Tracking and Management System (WebCATS)
…also has a statistical component, which is reviewed monthly so that progress can be monitored on the completion of cases. An Excel spreadsheet provides year-to-date information as well as a…
Contracts for the Sale and Purchase of Land: Purchasers’ Remedies
…a contract entered into for closing at a future time; (c) an option for the purchase of land where the option has been exercised; (d) an offer in writing for…
The Family Property Act (previously the Matrimonial Property Act)
…Update the Matrimonial Property Act? Jonnette Watson Hamilton and Annie Voss-Altman The Matrimonial Property Act: A Case Law Review – Alberta Law Reform Institute Purpose: The Family Property Act governs…
Report on Section 29(2) of the Land Title Act and Notice of Unregistered Interests
…addition to mere knowledge of a competing interest in order to deprive a person dealing with a registered owner of the protection of the Act. For example, if a purchaser…
BC Supreme Court Rules Fast Track Litigation (Part 15)
…analysis of Rule 66, Fast Track Litigation, serving as a basis for discussion. Following this report, the Ministry of the Attorney General and the Supreme Court worked together to explore…
Joint Ventures
…has not developed to accommodate it. In particular, a joint venture is at risk of being categorized for legal purposes as a partnership and thus subject to a Partnership Act…
New Brunswick Family Court Pilot Project
…from a dispensing machine for a printing fee. The same forms will be available online. Report at 47 Stage 2 The party will file an originating process and an application…
Québec Civil Procedure Review
…bill to reform Quebec’s Code of Civil Procedure 1 January 2003: New Code came into force 2006: Evaluation Report released. Publications: Comité de révision de la procédure civile, La révision…
BC Fast Track Litigation (Rule 66)
…within four months of the date of application. Parties are required to file a trial agenda which will set out how the two day trial is to proceed. Costs are…
Clicklaw
…vocabulary to effectively search with By offering a unified point of entry online into legal information, education and help for British Columbians, Clicklaw will represent a trustworthy gateway to quality…
Federal Court Rules – Summary Judgement and Summary Trial (Rules 213 to 219)
…Rule 81(1) is amended to clarify that the exception which allows affidavits on information and belief to be filed in support of motions is not applicable to motions for summary…
Manitoba Expedited Actions (Rule 20A)
…to determine whether the rule should be retained in its current form or be amended to resolve any problems that have arisen out of its application. A Review Committee was…
Ontario Case Management (Rule 77)
…automatic application suspended in Toronto Jurisdiction: Ontario Court: Superior Court of Justice (Toronto, Ottawa and Windsor) Body Responsible: Civil Rules Committee Timeline: 1988: Joint Committee on Court Reform called for…
Legal Aid Ontario Family Law Offices
…among the list of alternative service delivery approaches approved for pilot testing in the family law area were three family law staff offices located in Toronto, Ottawa, and Thunder Bay….
Nova Scotia Civil Rules Revision Project
…Scotia commenced a comprehensive Rules review in 2004, inviting the Nova Scotia Law Reform Commission, the Nova Scotia Barristers’ Society, and the Nova Scotia Department of Justice to participate in…
Alberta Discovery Amendments – Cost of Justice
Year: 1999 Description: Overview of amendments to Alberta’s Queen’s Bench Rules of Court governing discovery process and procedures affecting the cost of justice, 1999-2008. Status: Permanent implementation Jurisdiction: Alberta Court:…
Legal Aid Ontario Family Law Expanded Duty Counsel
…projects, in Hamilton, London, and Oshawa, were designed to test the effectiveness and efficiency of an alternative to the traditional facilitation approach to duty counsel service. Evaluation at i. Description…
Nova Scotia Summary Advice Counsel (SAC)
Year: 2003 Description: Nova Scotia Legal Aid Summary Advice Counsel provide summary legal advice, primarily to self-represented litigants, on family law matters. Status: Permanent Implementation in Halifax and Sydney Jurisdiction:…
Ontario Family Law Information Centres
Year: 1999 Description: Ontario Ministry of the Attorney General courthouse family law information centres, offering information, limited legal advice, and other assistance to self-represented litigants. Status: Permanent implementation Jurisdiction: Ontario…
Ontario Small Claims Court
…as court addresses, fax numbers and hours of operation, as well as basic information about bringing or defending a claim in Small Claims Court. 2006/07 Annual Report at 36 2010…
BC Family Justice Registry (Rule 5)
Year: 1998 Description: Rule requiring parties to meet with a Family Justice Counsellor for a triage appointment prior to a first appearance before a judge to clarify the options available…
BC Family Mediation Practicum Project
…of Attorney General and is administered by the BC Dispute Resolution Practicum Society, a non-profit society. Description of Reforms: The Project provides free mediation services for family disputes about custody,…
Newfoundland and Labrador Small Claims Court
…devise, bequest, or limitation is disputed; malicious prosecution, false imprisonment, defamation, criminal conversation, breach of promise of marriage; action against a judge of a court, a justice or a public…
Awards of Costs and Access to Justice
…of litigation by settling without going to court. Status: Completed Jurisdiction: Saskatchewan Court: Court of King’s Bench Body Responsible: Law Reform Commission of Saskatchewan Publications: Awards of Costs and Access…
Saskatchewan Small Claims Court
…of small claims adjudication Small Claims Act was amended to require parties involved in the dispute attend a case management session prior to proceeding to trial. This process had been…
Alberta Rules of Court Project
…3 (Edmonton, Alberta: ALRI, 2007). [Draft Rules] Alberta Law Reform Institute, Alberta Rules of Court PublicationsExternal Link (webpage) (ALRI, 2008). Alberta Law Reform Institute, Alberta Rules of Court Project: Proposed…
Prince Edward Island Simplified Procedure (Rule 75.1)
…Rule 75.1: Examination for discovery under Rule 31.03 or 31.10; Examination for discovery by written questions and answers under Rule 35; Cross-examination of a deponent on an affidavit under Rule…
Yukon Family Law Information Centre
…standard of living test some help with completing court forms computers for public use to research family law matters and to access and prepare court forms notarization of court forms…
Toronto Case Management (Rule 78)
…2004. It does not apply to commercial list actions, estate actions, mortgage actions, simplified procedure actions, construction lien actions, class actions, and actions under the Bankruptcy and Insolvency Act. The…
BC Small Claims Court Reforms
…force on February 25, 1991 and replaced the previously existing Act. The Small Claims Act was amended by the Justice Modernization Statutes Amendment Act, 2004 to allow the monetary jurisdiction…
Federal Court Rules – Simplified Actions (Rules 292 – 299)
Year: 1998 Description: Mandatory simplified procedure for Federal Court actions of up to $50 000, or at a party’s request for actions of higher amounts. Status: Permanent implementation Jurisdiction: Federal…
Halifax Case Management
…2000. Rule 68 applies to all proceedings commenced by originating notice (action) filed in Halifax on or after April 1, 2000. Although certain types of proceedings are exempt from Rule…
BC Court of Appeal Settlement Conference Program
…been a mix: two involved personal injury, two involved commercial issues, one was a wrongful dismissal case, one was a human rights case, and one involved an appeal from an…
Newfoundland and Labrador Court Ordered Mediation (Rule 37A)
…followed…may vary according to the particular style and approach of the mediator » (r. 37A.05(7)). The Court, on the application of a party or on its own motion at any…
Court of Appeal of Québec Mediation Service Program
…the one and only form that has to be filled out and filed. The form is forwarded to the office of the Court as soon as possible after filing the…
Prince Edward Island Inquiry Line
Year: 1985 Description: Toll-free phone line administered by CLIA PEI that provides legal information, referrals and support to individuals dealing with legal issues. Status: Permanent Implementation Jurisdiction: Prince Edward Island…
Manitoba Law Phone-In Program and Lawyer Referral Program
…Responsible: Community Legal Education Association (Manitoba) Inc. Timeline: July 1975: Law Phone-In established Publications: Community Legal Education Association (Manitoba) 2007/2008 annual report Community Legal Education Association (Manitoba) 2010/2011 annual report…
Alberta Law Line
Year: 2004 Description: Legal Aid Alberta telephone-based program providing free legal information, referrals, and advice province-wide. Status: Permanent Implementation Jurisdiction: Alberta Body Responsible: Legal Aid Alberta Timeline: 2004: Alberta Law…
BC Distance Mediation Project
…use technology for the mediation… Up to six hours of mediation services are available to eligible families at no charge, provided the issues to be resolved are appropriate to mediate…
Nova Scotia Family Law Information Centres (FLICs)
…develop and offer family law information clinics make referrals to community agencies and programs offer computer access You can get information at a FLIC about: court processes and forms how…
Alberta Streamlined Procedure (Part 48)
…Rules of Court Project: Management of litigation (Consultation memorandum no. 12.5) (Alberta Law Reform Institute, 2003). Alberta Law Reform Institute 2004-2005 annual report (Edmonton, Alberta: Alberta Law Reform Institute, 2005)….
Prince Edward Island Case Management
…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,…
Wills and the Legal Effects of Changed Circumstances
…Legal Discrimination Against Children Born Outside Marriage. Status: Completed Jurisdiction: Alberta Body Responsible: Alberta Law Reform Institute Publications: Wills and the Legal Effects of Changed Circumstances Wills and Succession Act…
Transition to the New Rules of Court
…The general principle is that the new rules will apply to all existing proceedings from November 1st. Status: Completed Jurisdiction: Alberta Court: Court of Appeal Body Responsible: Alberta Law Reform…
BC Streamlined Chambers Process (Rule 51A)
…[LSS Submission] Development: Rule 51A, governing originating and interlocutory applications in chambers, came into force on July 1, 2001. It is a province-wide extension of the former Rule 65, the…
BC Summary Trial (Rule 18A)
…by affidavit », Rule 18A generally permits parties to adduce a variety of forms of evidence. In addition to affidavits, parties may rely on answers to interrogatories, discovery evidence, formal…
Prince Edward Island Task Force on Access to Justice
Year: 2001 Description: Joint task force formed to review access to justice and identify problems with the existing system in an effort to improve access to justice, reduce cost of…
Nova Scotia Action for Claim Valued Under $100,000 (Rule 58)
Year: 2009 Description: Supreme Court of Nova Scotia rule allowing parties to opt in to Rule 57 expedited procedure on agreement or motion. Status: Permanent Implementation Jurisdiction: Nova Scotia Court:…
Saskatchewan Queen’s Bench Mandatory Mediation
…available as part of the civil justice system, opportunities for litigants to use non-binding dispute resolution processes as early as possible in the litigation process and, at a minimum, at…
Ontario Telejustice Project
…an interactive question-and-answer format that enables Community Legal Workers (CLW’s) at NALSC to submit legal queries on behalf of NAN community members. These questions get dispatched to lawyers on the…
The Rule Against Perpetuities
…preliminary proposals for reform, and invites comments as to those proposals and related matters. Status: Completed Jurisdiction: Nova Scotia Publications: The Rule Against Perpetuities – Law Reform Commission of Nova…
BC Small Claims Court Mediation Program (Rule 7.2)
…Mediation Session to each of the parties. Parties may apply to a judge for an exemption from the requirement to attend the mediation. The consequences of not attending a mediation…
Alberta Intake and Caseflow Management
…court. The conferences are an attempt to gain consensus on as many issues as possible, and sometimes agreements are struck by the parties at this stage. If the parties resolve…
Federal Court Rules – Expert Witnesses
…to the Court’s exercise of its discretion to allow a party to call more than five expert witnesses. (10) Cost consequences The proposed amendments also include an addition to subsection…
Ontario Court Case Tracking System (FRANK)
…Division Timeline: 2004: Province-wide phased implementation initiated April 2005: Province-wide electronic data collection available 2007/2008: All court sites province wide converted to FRANK, except Toronto 2008/2009: Anticipated finalization of province-wide…
Yukon Family Law Case Conferences (Practice Direction 40)
Year: 2007 Description: Practice directive mandating judicial case conferences providing information to family law litigants on available alternative dispute resolution procedures and allowing parties to discuss the appropriate procedure for…
Tax Court Status Hearings (Rule 125)
…avoid going to a status hearing if undertakings for discovery and other appeal steps have already been taken, and they file for a hearing a date. If these steps are…
Yukon Judicial Settlement Conference (Rule 37)
…at an early stage, to alleviate expense and to expedite the final resolution of the dispute. Description of Reforms: A judge may order attendance at a settlement conference upon request…
Manitoba Judicially Assisted Dispute Resolution (JADR)
…Manitoba Alternative Dispute Resolution Section examined the JADR process and found that: In reviewing Statements of Claim filed in comparison to the number of trials heard, only 2% to 3%…
BC Parenting After Separation Program
…safety issues which may arise. What options are available to aid the decision making process. How to use mediation and conciliation services. Where to get further information and help. A…
Prince Edward Island Study on Self Represented Litigants
…and providing a similar level of support for people with custody and access issues. That a Law Courts Information Centre be established (Study of SRL at 6). Revision History: This…
Manitoba First Choice Dispute Resolution Pilot Project
Year: 2008 Description: A Government of Manitoba pilot project offering mediation and information services to families experiencing separation and divorce. Status: Ongoing pilot project Jurisdiction: Manitoba Body Responsible: Family Conciliation,…
Manitoba Justice Child and Family Services Division: Family Conciliation
…ages 11 to 17 in custody/access matters that affect them. Additional information is provided in a consultative format for issues related to time sharing, child developmental needs, parental communication, and…