Alberta Court of King's Bench revises policies and procedures for surrogate case conferences

The announcement provided context for how the SCCs came to be. In 2019, the court began a pilot project to enable justices to hold estate intervention conferences to oversee the orderly conduct and early resolution of estate litigation.

Three years later, the court decided to offer one-hour or half-day estate case conferences at any stage of estate litigation. In February 2022, the court detailed the policies and procedures for these conferences.

In its announcement on Wednesday, the court set out its updated policies and procedures for SCCs, which are available in all the province’s judicial centres.

When filing a statement of claim or form C1 in a surrogate matter, a party can apply for an SCC by submitting a written request to the applicable surrogate co-chairperson. A justice in chambers can also direct a party to apply for an SCC. An SCC can occur either in person or through remote means.

One-hour v. half-day

The court’s announcement went over the difference between the one-hour and half-hour options for SCCs.

For a one-hour SCC:

• When is it helpful or preferable? It may be helpful if the litigation is at an early stage or if the parties believe that it can move the litigation forward efficiently and cost-effectively.
• What are its goals? It aims to help the parties clarify and prioritize the issues needing to be resolved, explore the possibilities for a non-court-imposed resolution, and understand the potential scope, duration, and costs of court proceedings.
• How is it arranged? The surrogate co-chairperson will assign a justice to preside over the SCC.
• Is consent required? If one party does not agree, any party can apply with the Surrogate Clerks’ Office for a hearing of the matter in morning chambers.

A one-hour SCC requires the following materials:

• any pleadings filed in addition to the or statement of claim or form C1
• proposed agenda
• a brief history of the litigation, including the parties, any counsel, the issues involved, any attempts at resolution, and any orders requested

For a half-day SCC:

• When is it helpful or preferable? It may be preferable if the parties have clearly stated their legal positions and have explored other resolution methods that failed entirely.
• What are its goals? It seeks to help the parties resolve all outstanding issues and arrive at an agreement effectively ending the litigation. The matter may be set down for a court-imposed resolution if the parties cannot reach a resolution.
• How is it arranged? The surrogate co-chairperson will advise the civil coordinator, who will help the parties set a date.
• Is consent required? Yes, all parties should agree.

A half-day SCC requires the following materials:

• a brief factual synopsis
• relief requested, such as removal of personal representatives, passing of accounts, performance of a will’s terms, construction and interpretation of a will, rectification, or damages for breach of trust
• an executive summary or highlights of expert reports
• witness statements for non-experts expected at trial
• headnotes of case law cited
• a current bill of costs