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Inventory of Reforms

Northwest Territories Case Management (Part 19)

Year:
1996

Description:
Rules facilitating resolution of disputes without trial if possible and, if a trial is required, simplifying issues so as to make the entire process more efficient in both time and money for the litigants.

Status:
Permanent implementation

Jurisdiction:
Northwest Territories

Court:
Supreme Court of the Northwest Territories

Body Responsible:
Supreme Court of the Northwest Territories

Timeline:
1996: Case management rules come into effect
December 1999: Notice to the Profession clarifying rules

Publications:
Rules of the Supreme Court of the Northwest Territories, Part 19.
Supreme Court of the Northwest Territories, Notice to the Profession: Case Management Procedures – General Guidelines (Northwest Territories Courts, 1996).
Supreme Court of the Northwest Territories, Notice to the Profession: Case Management Guidelines (No. 2) (Northwest Territories Courts, 1999).

Development:
The incorporation of Part 19 into the Rules of Court was essentially a formalization of dispute mechanism tools already informally used by the court. By putting the rules in writing, the Court is able to apply the procedures uniformly and with clear guidelines. Rules 281-292 (Part 19) were modelled on Saskatchewan’s r. 192, Ontario’s r.50, and B.C.’s r.35(5).

A second Notice to the Profession was released in December 1999 to clarify some minor problematic issues. Parties were utilizing case management to resolve issues that other Rules of Court were meant to resolve. Overall, however, it seems that case management was working well in the Northwest Territories and would be retained.

Purpose:
The Supreme Court of the Northwest Territories describes the purpose of Part 19 in a Notice to the Profession issued in June 1996:

The purpose of Part 19 is to provide flexibility in procedures so as to facilitate matters for trial or to effect a pre-trial settlement. It is premised on the « multi-door courthouse » approach: one way to get into system (by starting an action) but, once in the system, many options (beside a trial) to choose from. The rules can accommodate a wide variety of steps from the traditional pre-trial conference to a highly involved settlement-oriented colloquy. The objectives are nevertheless the same: the resolution of disputes without trial if possible and, if a trial is required, the simplification of issues so as to make the entire process more efficient in both time and money for the litigants (1996 Notice).

Description of Reforms:
Part 19 sets out a comprehensive scheme for pre-trial case management. There is no set procedure for case management. Instead Part 19 utilizes a flexible approach consisting of various case management tools (i.e. pre-trial conference) to be used based on the nature and needs of the case. The Court could send a case to case management or the parties may apply for it. A case management judge is then appointed. Once a judge is appointed, a variety of procedures are available:

Rule 288 permits sanctions against any party violating orders issued under Part 19.

Criteria and Methods of Evaluation:
The Court has noted areas which are in need of improvement and the Rules Committee had indicated its intention to address them commencing Fall 2007.

Revision History:
This summary was last reviewed in Aug 13, 2012