FamilyCounsel.ca
FamilyCounsel.ca
Have a look at our latest website tool:
Parenting Time Calculator

Announcements

Back to Announcements

Summary of several QB Notices to the Profession & Public

Ken Proudman Executive
 view Arbitrator profile
  BARR LLP
   Edmonton, Alberta


  • Proposed Changes to Practice Notes 7 and 8. A summary of the proposed changes, as well as instructions to provide feedback, can be read here. Some of the most significant proposed changes are:
    • PN7 Intervention Orders will be able to be submitted by way of desk applications. New precedent Orders will be provided, proposed experts will need to be phoned in advance of the application, and proposed experts will need to sign PN7 Orders;

    • Where there is a self-represented litigant or the parties do not agree on the expert, the parties will need to provide written notice to the Justice granting the Order of the expert selected by the parties, failing which the Court will select the expert, and within 30 days, the parties shall attend a teleconference call at the Court with the Justice and the proposed expert, to address retainer terms;

    • Unless ordered otherwise, only certain documents will be able to be provided to the expert. In particular, Affidavits and Sworn Affidavits will not be provided (I suppose to decrease the time required to complete these reports?). However, each party can provide the names of up to three personal collateral witnesses who the expert can interview;

    • Case Management will no longer be automatic upon the granting of a PN7 Order;

    • Complaints may not be made to professional bodies until after the matter is resolved and appeal periods have elapsed (some psychologists had been requiring this term in any event);

    • References to Parenting Coordination, education, mediation, and arbitration have been removed from PN7 (it's not clear what will happen to Parenting Coordination);

    • A roster of psychologists and social workers is coming back, to be managed by AFCC and the Alberta College of Social Workers (I note that AFCC already has a list on their website); and

    • PN8 will also be amended to include new template orders, a procedure to select an expert where the parties do not agree, similar restrictions to documentation provided and collateral witnesses, mandatory Case Management (unlike PN7, which is no longer mandatory), a process for a "work file critique" completed by another parenting expert where a party objects to the expert's recommendations/opinion, a similar professional complaint clause, and a procedure regarding access to the expert's file.


  • Proposed changes to Affidavit of Applicant in Divorce Proceedings. The proposed precedent, along with instructions to provide feedback, can be read here. Several changes are proposed, with the most significant being:
    • Amendments to the Statement of Claim are specifically addressed;

    • Particulars of adultery or physical/mental cruelty will need to be set out;

    • "Child of the marriage" is defined in the comments (I suspect to assist self-represented litigants);

    • The relevant portions of agreements need only be attached where corollary relief is not consented to or is severed;

    • Particulars of section 7 expenses will need to be set out (to assist with MEP compliance);

    • Particulars must be provided where there is a deviation due to adult children, shared parenting, income over $150,000, undue hardship, a spouse standing in the place of a parent, or other deviation from the Guidelines; and

    • An order that a party or both maintain health and/or dental insurance coverage can now be sought as relief.


  • Changes to Protection Order Processes: Effective September 1, 2018, Orders must be signed before the Applicant leaves the Courthouse, including oral hearing and revocation orders. Counsel are still encouraged to draft in advance, however as the terms granted may not be known in advance, the Court has assembled template Orders containing checklists. They are contained at the end of the Notice, which can be found here.


  • Handwritten Divorce Judgments will no longer be permitted in the Judicial Districts of Calgary, Edmonton, Lethbridge, and Red Deer. Self-represented litigants can either download the fillable PDF from the website, or seek assistance from Resolution Services. The Notice can be read here.


  • Proposed Mandatory Participation in Dispute Resolution Processes Pilot Project (Edmonton only): self-represented litigants will be required to attend a particular dispute resolution process if they are filing an application where parenting and/or child support are at issue. The full details, along with a method for providing feedback to the Court, can be found here.


  • Mandatory Pre-Trial Conferences. This was contained in a Notice back in June, but I included it as the changes will take effect in less than a month. Effective September 1, 2018 in Edmonton, Calgary, and Red Deer, matters desired to be set for trial will first require a Pre-trial Conference where there is at least one self-represented litigant, or the trial is scheduled for 3 days or more, unless the matter is already in Case Management. A Family Pre-Trial Conference Summary form must be completed, exchanged, and provided to the Court at least seven days before the PTC. The Summary form is quite comprehensive, it requires a number of issues such as experts and admissions to be addressed, as well as statements regarding each party's position, offers to settle, and their Matrimonial Property Statements. The Summary form, as well as the form to Request an Early Intervention Case Conference, and the Notice, can be read here.


0 5 years ago

You must log in or sign up to reply to conversations.


Back to Announcements









© 2016 to 2024 Kenneth J. Proudman. DISCLAIMER: The tools, documents, and other information herein are not legal, tax, or accounting advice or opinions. This website contains content and files submitted by third parties, to which you download or view at your own risk. By using this website, you agree to release Kenneth J. Proudman, BARR LLP, and Miller Boileau Family Law Group from all present and future claims and liability, including liability arising from any negligence.