Streamlined Trials have replaced the old Summary Trial process as of January 2024. Similarly to the Summary Trial process, the Streamlined Trial process is for matters that can be fairly and justly resolved with primarily Affidavit evidence, rather than oral evidence like in a full Trial. Even if there are some issues of credibility, and some expert evidence or oral evidence to be introduced, a Streamlined Trial may be ordered versus a full Trial. Litigants who can resolve a matter in this way are likely to get a Trial date sooner and have their issue heard in a reduced amount of time. The goal of Streamlined Trials like that of Summary Trials is to provide a more efficient and cost-effective way of resolving legal issues.
Despite the new Streamlined Trial process catering to the same matters as the Summary Trial process, there were several issues with Summary Trials which the Province of Alberta has sought to rectify with the new Streamline Trial process. The Province of Alberta has amended the Alberta Rules of Court to add Rules 8.25 to 8.31 which establish the new Streamlined Trials process.
In the old Summary Trial process, issues would arise as the Court heard the summary Trial before deciding if the matter was appropriate to proceed via Summary Trial. Lawyers were hired and paid to draft all the applicable documents to proceed via this process, but the Court could decline to issue a decision at the end of the Summary Trial if they did not believe the process was suitable for the specific matter. This made the Summary Trial process a huge gamble for litigants. The risk of wasted efforts and resources led to uncertainty with this form of dispute resolution and the Summary Trial process was not utilized as fully as the Province of Alberta had intended.
The new Streamlined Trial process was enacted to address the inefficiencies with the former Summary Trial process. The new Streamlined Trial process now requires the Court to determine if a Streamlined Trial is appropriate before the matter proceeds to Trial. This is determined based on a review of the entirety of the parties’ pleadings and does not require any initial drafting of materials other than a proposed Streamlined Trial Order. Once the Court determines that the Streamlined Trial Process is suitable for the specific matter, then the Trial will proceed as planned and the Trial judge will be required to issue a judgment at the Trial’s completion. Thus, removing any of the uncertainties and risks involved with the prior Summary Trial process when it comes to drafting materials and wasting time, money, and resources.
The Court of King’s Bench of Alberta posted Notices to the Profession and Public regarding the Streamlined Trial Process for Civil and Family Actions prior to the start of 2024. These Notices summarize both Civil and Family matters which the Court believes are often suitable for the Streamlined Trial Process.
Suitable Civil cases for the Streamlined Trial Process may include the following:
- Actions for the recovery of a liquidated sum;
- Actions for the recovery of real or personal property;
- Actions that depend primarily on the interpretation of documents;
- Actions for damages for personal injury where the damage award would likely be under $100,000; and
- Wrongful dismissal actions.
Suitable Family cases for the Streamlined Trial Process may include the following:
- Family property actions, where the property is not complex;
- Spousal/adult interdependent partner support claims;
- Child support claims;
- Income determination;
- Retroactive support claims; and
- Some types of parenting issues.
Do not hesitate to contact the lawyers at Stillman LLP if you have a Civil or Family matter that you believe would be suitable for the Streamlined Trial Process. The lawyers at Stillman LLP would be more than happy to assist you with your matter.
Note: This article provides general commentary and is in no way intended to replace the need to consult with a legal professional concerning the specific circumstances of your situation. This article should not be construed or relied upon as legal advice.
