Have you ever had to explain to your client who has been wrongfully dismissed why, despite your best efforts, the case is taking longer than you would like it to.

The BC Rules of Court are undergoing change that may speed up the justice process for those who have limited resources to work their way through the system.

Having had the benefit of experiencing the legal system in Calgary I can tell you that Alberta counsel know a thing or two about running an efficient system. Keep in mind that the Calgary Courthouse services a population center of roughly 900,000 people, smoothly.

The Alberta Rules had certain features that were very useful in achieving efficiency:

• No writ. You went straight to a statement of claim. The writ is just two more pieces of paper 10,000 times over.
• Trial dates: nobody got a trial date until they signed a certificate of readiness and saw a case management Judge. No last minute discoveries or documents comimg out of the wood work. Once you had a date (five day bookings were readily available) you actually went to Court. Judges were available, parties were ready, the haggling was sorted out for the most part and precious Court time was not wasted. Trial time was viewed and treated as a valuable resource by all parties concerned.
• Damage amounts claimed for are stated on the face of the claim. You are not held to that amount but you would be surprised at how a number on paper can focus everyone from the clients to the opposing lawyer.
• Affidavit of records as opposed to list of documents. In Alberta you had to provide an affidavit right off the bat. Providing documents was a serious matter and listing them in an affidavit underscored that. The affidavit doesn’t take any more time than a list but, as should be the case, the sworn document made everyone give the task of production the weight it deserved, so they opted for change their system for an eform which you can fill online and it will process automatically.
• Alberta had a version of the expedited trial procedure being implemented in the present BC pilot project. In Alberta you had a limited discovery as of right. If I recall, the actions were sub $75,000 and you got around 4 hours of discovery.
• Mini-trials. Non-binding judicial hearing of an abbreviated case. You give the Judge a skeleton outline of the case and you get the Judge’s opinion on where the case is going. Reality check time.
• Judicial mediation. Nothing like having a Judge sit down with the parties and tell them like it is.
• Corporate parties picked their officer for the purpose of discovery. Not the other side’s lawyer. This was someone who knew what the operation was about and could give responsive answers and not just a bunch of “advisement ” and answers on undertaking.
• Chambers motions on two days notice. Motion and affidavit served up front on the other party. Chambers motions were divided in to sub and over 20 minute applications. If you got the 20 minutes wrong the Master was very unhappy and you were in for a rough ride. Sub 20 minute application usually proceeded on the two days notice unless opposing counsel was otherwise booked or the motion required some fact gathering or other involved preparation. Over 20 minute applications were set down in front of a Judge or Master and required an exchange of legal argument, authority and supporting material in advance of the hearing (not just an outline) with a real opportunity to write a submission in response. Basically a mini-petition procedure. Time in court was well spent with a Trier that was given everything needed to render a comprehensive decision.

These were but a few of the litigation tools available to move a matter through the litigation process. And they worked very well.

BC is moving more so in this direction with the proposed Rule 26 Amendments and the Rule 68 Expedited Litigation Pilot Project. The new rules impose some drastic change for sub $100,000 claims, not the least of which is no discovery as of right.

Will these rules make a difference? Have your say.