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The Queen’s Bench becomes the King’s Bench, the term “Master” is phased out, and other changes of note
The Alberta Court of Queen’s Bench issued several notices in August and September 2022, announcing important changes to civil practice in the province.
Move to King’s Bench
Her Majesty Queen Elizabeth II passed away peacefully on September 8, 2022, at the age of 96. On her passing, the Crown transferred to her son, now known as King Charles III. As a result, the Alberta Court of Queen’s Bench has become the Alberta Court of King’s Bench.
This change will require updates to many forms, templates, and documents within the Alberta judicial system. While litigants are encouraged to adopt the new terminology in their filings, the Court has announced that it will extend a grace period in which it will continue to accept documents referring to Her Majesty the Queen until further notice.
What’s in a name?
Another piece of significant news emerged when it was announced that the titles of “Master” and “Master in Chambers” would be replaced with “Applications Judge.”
Under section 9 of the Court of Queen’s Bench Act, RSA 2000, c C-31, a Master has many of the same powers as a judge sitting in chambers, with certain exceptions (such as Masters are not able to hear trials, applications for injunctive relief, or criminal matters). Masters, now Applications Judges, hear and decide various types of applications including procedural orders, default judgments, amendments to pleadings, security for costs, long delay applications, discovery disputes, and even summary judgment applications. They also routinely hear foreclosure and builders’ lien matters. They can hear short applications (generally lasting 10-20 minutes) in morning chambers, or longer applications lasting a half to a whole day in special chambers. They play an essential role in managing many pre-trial steps that occur throughout courtrooms in Alberta.
However, concerns have been raised that the term “Master” is not gender neutral and can imply negative historical and cultural connotations. As described by Chief Justice Mary T. Moreau, the transition from Master to Applications Judge reflects the Court’s commitment to equality, diversity, inclusivity and innovation. In making this change the Court is brought into alignment with other jurisdictions, including courts in New Zealand, Australia, and Ontario.
At a hearing, Applications Judges may be addressed as “Judge ____” or “Your Honour”. Applications and orders should be revised to reflect these new titles. While some lawyers may trip over this new title as they adjust to the change, this announcement is a step towards modernizing Alberta’s judicial system and ensuring that all feel welcome when appearing in chambers.
Return to the courthouse
The Court also recently announced that many of the chambers applications which were pivoted to online hearings or desk applications during the COVID-19 pandemic are returning to in-person hearings in the courtroom. Effective September 6, 2022, substantive matters will be heard in-person by default while more administrative and procedural matters will be heard remotely. In addition, the Court will no longer hear complex desk applications, and certain urgent applications are being moved from Urgent Matter Chambers back to Regular Chambers.
Further details about hearings for specific types of applications can be found in the Court of King’s Bench of Alberta Hearing Guidelines. These changes are part of a Pilot Project, and will be reviewed in early 2023.
Miller Thomson LLP is here to help with all of your business needs. If you have questions about procedures before the Court of King’s Bench or any other matter, please contact a member of our Commercial Litigation team.
