Alberta Adopts Mandatory Litigation Plans for Civil Actions

Overview

On July 10, 2025, the Alberta Court of King's Bench (Court) issued a Notice to the Profession and Public titled Mandatory Litigation Plans in Civil (Non-Family) Cases (Notice). The Notice introduces major reforms designed to expedite civil litigation and improve access to justice in Alberta.

On April 23, 2024, the Court introduced a pilot project entitled Setting Civil Trial Dates by Order to expedite non-family civil actions through the Court. The pilot allowed judges to set trial dates earlier in the litigation process, before all pre-trial steps were completed. The Notice builds on the pilot by implementing firm trial date targets for parties in civil litigation.

What is Changing?

The Notice comes into effect on September 1, 2025. The following requirements will apply to any case where a Statement of Claim is filed on or after the effective date:

• Early Requirement for Litigation Plans: Parties will have four months from the filing of the first Statement of Defence to create, agree on and file a litigation plan with the Court. If the parties cannot agree upon a litigation plan within that timeframe, they are expected to bring an application before an Applications Judge to resolve any disputes and set the litigation plan. Litigation plan templates are available on the Court’s website.
• Target Trial Date: Each litigation plan must set a target trial date that is no more than 36 months from the date the first Statement of Defence is filed. Litigants are expected to make pre-trial decisions that align with meeting or accelerating the target trial date, consistent with the Alberta Rules of Court.
• Consequences for Non-Compliance: Failure to file a litigation plan, or otherwise comply with the Notice, may require an appearance before an Applications Judge. The Court may also impose penalties pursuant to Rule 10.49 for non-compliance with rules, practice notes or Court directions. Penalties may apply to parties, lawyers or others involved in the litigation.

Key Takeaways

• Litigation plans are mandatory and must be filed within four months of the first Statement of Defence.
• Non-family civil actions are expected to resolve or be ready for trial within 36 months, creating a clear backstop to prevent prolonged litigation.
• Early collaboration and planning will be essential to complying with the Notice.
• Non-compliance may result in penalties from the Court.
• Templates and procedural guidance are available to assist with compliance.
• The Notice signals the Court’s intention to prevent delays in civil litigation and to take a more proactive role in advancing cases.

For more information, please contact the authors or any other member of our Litigation & Dispute Resolution group.