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LEGAL REPORT: LITIGATION the time to do it, he says. A strong reliance on getting pretrials done right and pushing for a settlement before the costs and stress of a trial come is not limited to Ontario. Alberta leads the pack in early case resolution, according to Alberta Justice. "Alberta is the only prov- ince in Canada which has seen a reduction in lead times in recent years," says a 2008 report by the ministry, referring to crimi- nal cases. But Alberta's courts have been working hard on civil case proceedings too in order to improve pretrials by mak- ing alternate dispute resolution processes available as early as possible, according to a report by Judge Sandra Hunt McDonald. "All of the initiatives have had varying degrees of success in keeping litigation costs in check," wrote McDonald. In the latest move, the Alberta Rules of Court are about to be completely revised. The redraft is currently in the hands of Alberta's justice minister, who has prom- ised the new rules will be in effect on Nov. 1, 2010. "However, the rules have not been passed, so the exact content of the revised rules is not yet clear," says Barbara Billingsley, an associate professor at the University of Alberta Faculty of Law. Ontario has recently approved changes to Rule 50 of its Rules of Civil Procedure Tips for successful pretrials sUCCessFUL pretrIALs show how effective the judiciary can be in solving disputes. here are some tips judges recommend on achieving a dispute resolution before getting to the costs and stress of a full trial. Lawyers should show up at the first meeting of the pretrial with full knowledge of the case and be prepared to settle. They need to have full instructions from the client as to what level they are prepared to settle. Pretrial conferences should have a roundtable discussion involving the lawyers and clients as well as experts if the case demands it. Resolution comes more easily when all decision-makers and experts are present. When parties are far apart in a dispute, caucusing often helps. It's best for the judge to speak to the parties separately before he or she tries to bring their positions closer. Lawyers in Ontario need to be familiar with recent regulation changes that allow pretrial judges to require par- ties involved to be in attendance and file certain materials in the pretrial conference process. Judges have to file a pretrial conference report that outlines the evaluation of the case as of the pretrial as part of the same rules. In civil cases, willingness to settle should be determined first, and a separate final meeting should be set to determine the monetary figure of the settlement. Well-prepared pretrial briefs help the judge do his or her work. Lawyers should not leave it up to the judge to put the pieces together but help him or her through organizing the brief properly. — AB to facilitate resolution of cases with effi- cient pretrials. It aims "to provide an opportunity for any or all of the issues in a proceeding to be settled without a hearing and, with respect to any issues that are not Ontario Annual Practice 2010-2011 Edition Rules on the go This is the only resource you need to gain a solid understanding of Ontario's civil and administrative procedural law. It contains all of the relevant legislation and rules of procedure including the 2010 amendments to the Rules of Civil Procedure, O. Reg. 438/08 (effective January 1, 2010). It consists of: 1. The Main volume — includes, in a single volume, the Rules of Civil Procedure, and the relevant, most pertinent Acts, including the , 2002, and the , ORDER your copy today Hardbound (Main volume) • 1,892 pp. Perfectbound (Forms and Table of Cases) 894 pp. • CD-ROM • Published June each year Includes both volumes, CD-ROM & Mobile Version On subscription $89 • P/C 0645140000 One time purchase $94 • P/C 0645010999 ISSN 0318-3556 2. The Forms and Table of Cases volume — contains forms that relate to the 4. New text of several key statutes. e-Notes — FREE monthly electronic supplements containing the most recent reported and unreported cases with links to the full-text judgments and any legislative changes as they become available. , , 2006, with annotations of the most relevant case law. , Rules of Civil Procedure, Family Law Rules and Rules of the Small Claims Court, as well as the Table of Cases. 3. The CD-ROM — contains the full text of the 2010-2011 edition as well as fillable Word™ forms. Mobile Version includes all Rules and Case Annotations, Practice Directions and the For a 30-day, no-risk evaluation call: 1.800.565.6967 CL0610 Canada Law Book is a Division of The Cartwright Group Ltd. Prices subject to change without notice, to applicable taxes and shipping & handling. 52 JULY 2010 www. C ANADIAN Law ye rmag.com The late H W onourable Justice James J. Carthy, .A. Derry Millar and Jeff G. Cowan Courts of Justice Act Act Statutory Powers Procedures Act Legislation Act Evidence Act Limitations