On January 1, 2024, amendments to the Alberta Rules of Court introduced a 'streamlined trial' in Alberta, which is a full trial on the merits but using affidavit evidence rather than oral testimony. To date, there has been limited use of the streamlined trial, and none in the class proceeding context. However, the streamlined trial has potential to impact class proceeding practice in Alberta:
- Defendants may apply for a streamlined trial process to short-circuit a particularly weak claim on the merits before certification or at the common issues stage; or
- Plaintiffs may attempt to use this new procedure to overcome the spectre of complex individual issues trials, or to resolve straight-forward issues at a common-issues trial.
The Streamlined Trial
Streamlined trials are designed to be more efficient, timely, and cost-effective than full trials. Parties may apply for a streamlined trial, or the Court may direct a streamlined trial of its own motion. Whole or parts of a trial may proceed as streamlined trials if the Court determines:
- it is necessary for the purpose of the action to be fairly and justly resolved, and
- it is proportionate to the importance and complexity of the issues, the amounts involved and the resources that can reasonably be allocated to resolving the dispute.
So far, Alberta courts have approached streamlined trials with caution. To date, out of three reported decisions, only one application for a streamlined trial was granted. Courts noted that "the default process will be a regular trial unless...the streamlined process is required or essential for the action to be fairly and justly resolved" (emphasis added) (Arsenault v Big Rock Brewery Limited Partnership by its general partner Big Rock Brewery Operations Corp. and Big Rock Brewery Operations Corp, 2024 ABKB 387, para 20). Balancing the need for efficient, cost-effective process against the risk of injustice caused by expediated procedures, courts are likely to favor streamlined trials for cases involving straightforward, long-standing issues with few witnesses and lower damages (Moore v Turner, 2024 ABKB 435, para 48). Further, claims that are urgent and time-sensitive, considering the subject matter or the demographics of the parties, are likely to be more suitable for the streamlined trial process (Ibid.).
Potential Application to Class Proceedings
While streamlined trials have not yet been commonly used, guidance by courts suggests a potential for their application in class proceedings. Streamlined trials are an economical and effective means of achieving access to justice, which aligns with the fundamental purposes of class proceedings. On the other hand, given the Court's emphasis on proportionality and necessity as the basis for a streamlined trial, many class proceedings may be too complex or too large to justify use of a streamlined trial.
A defendant may wish to use a streamlined trial where it believes it has a particularly strong case on the merits of the claim. This could be done either before or after certification:
- Before certification, a defendant could argue that access to justice and judicial economy requires the claim to be dealt with through a streamlined trial before numerous resources are expended at certification and a common issues trial. Defendants regularly bring similar summary applications in British Columbia and Ontario.
- After certification, a defendant could argue that it is necessary and proportionate to conduct the whole or a portion of the common issues trial as a streamlined trial. This could be particularly appropriate in cases involving a standard form contract, where the defendant has a potential complete contractual defence.
A plaintiff may wish to use a streamlined trial to bolster their position on preferability. For example, a plaintiff could argue that a streamlined trial could be used to resolve a contractual issue at the common issues stage, serving the goals of judicial economy and access to justice. A plaintiff may also argue that where there are numerous individual issues, these could all be dealt with through a streamlined trial process, lessening the impact of the individual issues on the Court and therefore favoring certification.
Whether the application for a streamlined trial is brought by the plaintiff or the defendant, the likelihood of success will likely depend in part on the subject matter of the class proceeding.
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