Quicker to the Finish Line: Alberta Court of King's Bench wants cases tried in Three Years

The Nutshell: Civil claims ought to be resolved within three years of service of the first Statement of Defence.

The Consequences: The Court will have less patience for delay, expects parties to establish a litigation plan, and set and keep trial dates as early as possible in the litigation process.

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On July 10, 2025, the Alberta Court of King's Bench issued a Notice to the Profession and Public aimed at resolving claims more expeditiously: NPP2-2025-02, Mandatory Litigation Plans in Civil (Non-Family) Cases (the Notice). The Notice sets the Court's expectation that parties to civil (non-family) claims will establish a path to trial in 36 months (three years). This is in keeping with the increased importance the Courts have placed on access to justice and the expeditious resolution of claims. The Court's announcement builds on its earlier Pilot Project on setting trial dates earlier, which we previously reported on here.  

The Notice requires that, effective September 1, 2025, all parties to a civil (non-family) case, complex or not, must agree on and file a Case Litigation Plan within four months from the service of the first Statement of Defence. The Case Litigation Plan will set out the steps and deadlines leading to trial, and requires that the parties make reasonable efforts to ensure that the trial is scheduled to commence no later than three years from the service of the first Statement of Defence. 

It is presently unclear how the Notice will affect pre-existing litigation claims, especially those already long in the tooth, but the Courts has made its direction clear: get on with it.

Should you have any questions or wish to discuss the Court's Notice, feel free to contact any member of BD&P's Litigation Team.

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