Full Steam Ahead: Mandatory Litigation Plans Implement a Major Shift in Civil Litigation

On July 10, 2025, Alberta’s Court of King's Bench announced a significant change to the Court’s process in Alberta with the release of NPP2025-02, Mandatory Litigation Plans in Civil (Non-Family) Cases (“NPP #2025-02”). This new notice builds on the Court’s previous efforts to reduce delays in civil litigation and aims to minimize the time civil actions take to move through the court system.

What is Now Required by the Court?

Applicable to all actions commencing on or after September 1, 2025,  all parties involved in the litigation are required to make reasonable efforts to ensure that trial is scheduled to commence no later than 36 months after the first Statement of Defence is filed (the “Trigger Date”). This directive marks a fundamental shift from Alberta’s previously more “self-directed” pace to one of proactive case management with firm deadlines.

The new mandatory litigation plan template introduces specific requirements and timelines, including:

• the filing and service of pleadings, including third-party claims
• the service of Affidavits of Records
• firm timelines for identifying witnesses, completing questioning of parties, and conducting medical examinations
• setting dates for serving primary, rebuttal, and surrebuttal expert reports
• completing mandatory alternative dispute resolution pursuant to Rule 4.16 within 33 months of the Trigger Date
• applying for a trial date not later than 22 months after the Trigger Date

How This Will Affect Litigation

While some deadlines in NPP #2025-02 align with existing timelines in the Alberta Rules of Court, this new policy reflects a direct response to what the Court perceives as a “historical tolerance for delay.”

These changes will likely impact how civil litigation is conducted in Alberta. The increased pressure on counsel to actively monitor a case’s progress, and the need for further proactive case management, may result in additional legal fees for clients, at least in the short term. Lawyers will need to dedicate more time to front-loading work and planning each stage of the litigation such as when to bring interlocutory applications within the new 36-month target. While the long-term goal is to reduce overall litigation costs by expediting trials, the initial adjustment period could see an uptick in legal expenses as lawyers adapt to these requirements.

This new directive signals a clear commitment from the Alberta Court of King's Bench to a "culture shift" aimed at promoting timely and affordable access to the civil justice system. Parties and counsel should review their current litigation strategies and prepare to adapt to these new mandatory requirements. The notice also emphasizes that counsel and their clients must make appropriate arrangements and accommodations in their schedules to ensure the Civil Trial Target can be achieved, including employing back-up counsel if necessary.

Whether these new steps will primarily encourage settlement or persuade parties to seek alternative methods of resolving disputes, such as mediation, will remain to be seen. What is evident is the new directive will provide both challenges and opportunities for those navigating civil litigation in Alberta.