The Alberta Court of King's Bench stood firm on its commitment to address delays and improve efficiency in Alberta's civil justice system. In Boucher v Bailey, 2025 ABKB 384, the Court dismissed the plaintiffs' request to adjourn a 31-day trial due to its counsel being double booked with another trial in another jurisdiction. The Court held that adjourning the trial as requested would cause prejudice to the justice system, including sub-optimal use of judicial resources and negatively affecting the public's confidence in the administration of justice.
The plaintiffs commenced the claim in 2020. Counsel worked under a litigation plan to ready the action for trial. In 2024, counsel scheduled the trial for September 2025. When booking the trial dates, plaintiffs' counsel did not raise that they were already scheduled for another trial in Ontario at the same time. In dismissing the plaintiffs' application, the Court observed that the double booking was a self-created dilemma. The Court said it has a responsibility to steward the use of its resources in a manner that serves the public interest as a whole, which includes ensuring that trials proceed as scheduled absent a good and truly unforeseen circumstance justifying an adjournment.
This case is another example of the Court's heightened commitment to address delays and improve efficiency in Alberta's civil justice system. This decision complements the Court's recent mandate for litigation plans for all civil actions, which took effect on September 1, 2025.
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