The Alberta Court of King’s Bench has long contended with extended wait times in civil matters—often a year or more between the conclusion of pre-trial steps and the trial itself. In a decisive move to address this backlog, the Court has issued a Notice to the Profession and Public1 and an Announcement2 aimed at accelerating litigation and compelling parties to set trial dates much earlier in the process.
New Expectations: A 36-Month Backstop
Effective immediately, the Court now expects all civil actions to be set down for trial within 36 months of the service of the first Statement of Defence. This new “backstop” is intended to push actions forward more efficiently, limiting the previous flexibility often granted due to party or counsel availability. Extensions beyond the 36-month period will only be considered in “exceptional circumstances.”
Litigation Plans Now Mandatory
As of September 1, 2025, all litigants are expected to agree on a litigation plan within four months of the service of the first Statement of Defence. These litigation plans must chart a course for resolving the matter within the 36-month timeframe. The requirement promotes early cooperation between parties and ensures that the timeline to trial is top of mind from the outset of litigation.
Court Deadlines: Compliance or Consequences
The Court has reiterated that parties are expected to meet deadlines under the Alberta Rules of Court or as otherwise agreed between counsel. The announcement signals a shift toward stricter enforcement, with potential consequences for delay, particularly where the delay results from failure to meet procedural obligations. The message is clear: litigants and their counsel must treat timelines as mandatory, not aspirational.
Conclusion
These new measures mark a significant cultural and procedural shift in Alberta civil litigation. With the Court taking a firmer stance on delay, counsel must proactively develop litigation plans and prepare for trial scheduling earlier than before. The reforms are aimed at delivering timelier access to justice and reducing the inertia that has historically plagued the civil system. The impact on client’s, and litigants in general, is that matters which would traditionally take several years now will be compelled to be resolved quicker and, at the latest, within 3 years.
1 The Alberta Court of King’s Bench, Notice to the Profession and Public NPP2025-02, July 10, 2025.
2 The Alberta Court of King’s Bench, Announcement – Reducing Civil Trial Delay, July 20, 2025.
For further details or specific inquiries as to how these changes will impact your current or future litigation please contact:
Locklyn E. Price, Partner
Email: lprice@walshlaw.ca
Telephone: 403.267.8440
VCard
Or
Chad Erisman, Associate
Email: cerisman@walshlaw.ca
Telephone: 403.267.8481
