A profound shift is underway in Alberta's approach to civil litigation. Effective September 1, 2025, pursuant to the Alberta Court of King's Bench Notice to the Profession and Public dated July 10, 2025 (the "Notice"), all parties to a civil (non-family) action must file a mandatory litigation plan within four months of service of the first Statement of Defence.
Crucially, that mandatory litigation plan must set out a path to trial within 36 months of the first Statement of Defence – an ambitious "Civil Trial Target" that represents a "general expectation" or "target ceiling" for the time to get civil matters to trial in this province.1 These reforms reflect, and aim to operationalize, the proportionality and access to justice principles endorsed by the Supreme Court of Canada in Hryniak v. Mauldin,2 and embedded throughout the Alberta Rules of Court.
The new regime: Mandatory litigation plans
The new requirement for a mandatory litigation plan is not a mere formality – it requires counsel to consider every significant step of the case, from the close of pleadings to expert reports and alternative dispute resolution, all leading to a trial date within 36 months of the initial defence (absent exceptional circumstances).3 Should the parties be unable to reach agreement on any aspect of the litigation plan, the matter must be brought before an Applications Judge to settle the outstanding issues and impose a finalized plan. This procedural change marks a noted departure from the flexible, self-directed timelines that have long characterized Alberta civil litigation.
Key features of the mandatory litigation plan
The template litigation plan released by the court together with the Notice (and pursuant to Rules 4.4(1), 4.4(2), and 4.3(3) of the Rules of Court) includes suggested deadlines for certain major litigation steps that achieve the Civil Trial Target, such as:
- Third-party claims to be filed within 6 months of the "Trigger Date" (being the date the first statement of defence was served);
- Plaintiff's and defendant's affidavit of records to be served within 3 months and 5 months of the Trigger Date, respectively;
- All questioning to be completed within 25 months of the Trigger Date;
- Primary, rebuttal, and surrebuttal expert reports to be served by 29, 31, and 33 months after the Trigger Date, respectively;
- Alternative dispute resolution to be completed no later than 33 months after the Trigger Date, unless the court orders otherwise; and
- Trial to be scheduled and commence within 36 months of the Trigger Date.
Civil trial target: The new north star
The court's announcement accompanying the Notice makes it clear that counsel and parties are expected to actively manage their litigation with the Civil Trial Target in mind and to serve as an "expected backstop." For lawyers and litigants alike, this reform marks the end of litigation that moves at a "self-directed" or "voluntary" pace.
The "historical tolerance for delay caused by counsel or party schedules" is to be curtailed. Parties are to select pre-trial steps that are "fair and proportionate," but will not jeopardize meeting the Civil Trial Target. Failure to comply with the established deadlines without adequate excuse may result in penalties, pursuant to Rule 10.49 of the Alberta Rules of Court.4
Proportionality, access to justice, and the Hryniak culture shift
The reform brought about by the Notice is intended to reflect the "culture shift" described by the Supreme Court of Canada in its Hryniak decision, which the Court stated:
"is required in order to create an environment promoting timely and affordable access to the civil justice system."5
Hyrniak also warned that:
"undue process and protracted trials, with unnecessary expense and delay, can prevent the fair and just resolution of disputes".6
The new Civil Trial Target aims to rethink the current approach to civil litigation in this province, as instructed by the Supreme Court as follows:
"the balance between procedure and access struck by our justice system must come to reflect modern reality and recognize that new models of adjudication can be fair and just".7
Of course, this vision is already formalized in Alberta's civil justice system. Rule 1.2 of the Alberta Rules of Court requires that parties "facilitate the quickest means of resolving a claim at the least expense" and "refrain from filing applications or taking proceedings that do not further the intention of these rules".8 The Civil Trial Target operationalizes these principles by establishing a presumptive 36-month ceiling for all non-family civil actions.
Practical takeaways
The practical impact of these reforms remains to be seen. For instance, what will the court consider to be "exceptional circumstances" sufficient to justify an action not proceeding to trial within 36 months?
However, the court has made clear that the historical tolerance for "scheduling drift" caused by the availability of parties or counsel will no longer be accepted. Instead, the new regime imposes an expectation of more proactive and strategic planning from the outset of every action. Lawyers are now expected to anticipate potential scheduling issues well in advance and to even arrange backup counsel or other accommodations as needed to ensure deadlines are met. Law firms may need to ensure more robust systems are in place for monitoring the new timing of litigation steps, and ensuring that files do not fall behind.
For those parties engaged in commercial litigation, it is hoped that these reforms will increase predictability and reduce risk of lengthy court delays. The expectation is that both plaintiffs and defendants alike will benefit from clearer timelines, faster access to justice, and greater certainty about legal costs.
Miller Thomson's Litigation Group can help you stay ahead of the curve
With Alberta's new 36-month Civil Trial Target and mandatory litigation plans coming into force, early strategy and disciplined file management are more critical than ever. Our Litigation Group is ready to guide you through these changes—helping you develop litigation plans that are practical, defensible, and aligned with your business goals.
Footnotes
1. Alberta, Court of King's Bench, Announcement, "Reducing Civil Trial Delay" (10 July 2025), online: Court of King's Bench of Alberta https://www.albertacourts.ca/kb/resources/announcements/reducing-civil-trial-delay ("ABKB Announcement").
2. Hryniak v Mauldin, 2014 SCC 7 ("Hryniak").
3. Notice, supra note 1.
4. ABKB Announcement, supra note 2.
5. Hryniak, supra at para 3. See also ABKB Announcement, supra note 2.
6. Hyrniak, ibid at para 24.
7. Ibid at para 4.
8. Alberta Rules of Court, Alta Reg 124/2010, r. 1.2 [Alberta Rules of Court].
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
