Court of Queen’s Bench Bar Judicial Council 2021-2022

  • October 26, 2022

Jeff Grubb and I were pleased to attend the Queen’s Bench Bar Judicial Council meeting on June 16, 2022. The following is a short synopsis of the issues discussed at the meeting:

  1. Dates have been set for the Court’s introduction of new lawyers in Regina and Saskatoon. There will be ceremonies for the 2020, 2021 and 2022 new lawyers (as the 2020 and 2021 ceremonies could not be conducted due to COVID).
  2. The Bar Judicial Council participants now include members from Prosecutions and Legal Aid.
  3. The Court struck a committee to “Re-Imagine” chambers in a post-pandemic era. In the course of the discussions of that committee, it was determined that there were a number of issues that could not be resolved without further government funding (for which the Court has written to the government). In terms of items within the Court’s control, the Court is implementing the following in regards to chambers:
     
    1. Chambers is proceeding back in person as of September, 2022;
    2. There will be time limits of 30 minutes per person in chambers. To the extent that time limit is likely to be exceeded, counsel are to contact the registrar’s office and so advise. The Court may put the matter to the foot of the list or determine a special time for the matter to be heard;
    3. Chambers memos will be required in civil proceedings on a go forward basis. The chambers memos are already required in family matters.
    4. In addition to serving an originating application not less than 14 days before the hearing date, an applicant will also be required to file the material with the Court within that same time.
  4. The federal government has approved an expanded judicial complement. There will be five new postings, including an associate chief justice position.
  5. The Court is in the process of working on an electronic filing system. The implementation date on this system is still unknown. The filling system may have parallels to the Land Titles system. The new filing system is the reason for changes that are being made to the court file numbers.
  6. The Court has administered a protocol regarding the identification of pronouns and titles. It is an optional system where counsel can choose to identify pronouns and titles. There was discussion as to whether it should be mandatory.
  7. The Court has hired court screening officers. These individuals will “triage” family law chambers matters to ensure that all necessary documents and steps have been taken before a matter is set for chambers. The details about this triage system will be determined in the months to come.
  8. There will be rule changes coming in relation to replevin and deemed location of service where substitutional service is ordered by electronic means.
  9. There are new practice directives that have already been implemented – GA-PD #8 to #10 and CRIM-PD #9 (pending).
  10. The Court is considering a practice directive similar to Alberta’s Civil Practice Note 7 related to the stay or dismissal of an apparent vexatious application or proceeding at the Court’s own initiative.
  11. The Court is looking at revamping the probate rules in a manner similar to the family law rules, so that all probate matters are contained in one location.
  12. Provided the legislated conditions are met, local registrars are required to prepare the necessary application for letters probate/administration in accordance with s. 7 to The Administration of Estates Act.

Thanks,
SEAN M. SINCLAIR
Lawyer | Robertson Stromberg LLP