Mandatory Litigation Plans in Alberta: Court of King's Bench Tightens Civil Trial Timelines

Written By Tyler McDonough

The Alberta Court of King's Bench has taken another step towards addressing ongoing delays in civil litigation in the Province. In a July 10, 2025, Notice to the Profession, the Court has announced that litigation plans will become mandatory for all non-family civil actions.

Litigation plans are enforceable schedules that establish key pre-trial deadlines in civil litigation. They have long been available under the Rules of Court as an important tool to keep litigation on track and hold parties accountable for delay. Soon though, they will play an even greater role in civil actions.

Starting September 1, 2025, litigation plans will be mandatory for all non-family civil actions before the Alberta Court of King's Bench. Within four months of filing the first Statement of Defence in an action, parties must develop a litigation plan to bring the action to trial within 36 months. If the parties cannot agree on a plan, they are expected to bring an application to resolve the dispute and get the Court to set a plan for them.

This new requirement complements the civil trial date pilot project that the Court launched in April 2024, which allows parties to secure trial dates before completing all necessary pre-trial steps.

Implications for Commercial Litigation in Alberta

This marks a positive step in addressing the backlogs and delay that continue to plague the Court of King's Bench. Together with the civil trial date pilot project, mandatory litigation plans should help get actions to trial sooner and reflects a broader commitment by the Court to streamline civil actions and curtail the historical tolerance for delay.

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