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Case Management Judges Alberta ?

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  • Case Management Judges Alberta ?

    3 years bounced Judge to Judge, question to lawyers was how come we see a different JUDGE every time - how can they make a decision ?

    over and over X's lawyer would repeat similar complaints ...

    I asked my lawyer why we see different Judges each time with no explaination.

    close to the end of my ordeal as explained to me Queen Bench Judges willing to take on new files in Alberta publish their name on a 'list' available to lawyers

    Judge decides if they will take case or not ...

    lawyers solicite Judges available to take on the file ?

    is this the way rest of Canada works ?

  • #2
    No, in Ontario we would generally have our case handled by one judge through the conference process (case conference, settlement conference, trial management conference, etc.) The conferences would have to be scheduled around the judge's time, they may have to be delayed and rescheduled if a trial becomes major.

    It can happen that you get different judges but there would be an actual reason for it, not just because the system was built that way.

    The conference judges are supposed to suggest settlements so they are considered prejudiced for trial; you get a different judge for trial.

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    • #3
      ok, so entering Family Court system in Ont how long before
      a case management Judge is assigned ? meaning how long before
      you start seeing same Judge every time.

      we spun our wheel's for +2 years standing in front of many
      Judges at great expense to me ... debt that will undoubtly effect
      the children.

      is it normal starting out for a case to go before 10+ Judges for 60
      minutes at shot over 2 years ?

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      • #4
        Even in AB you can ask for your matter to be put into case management at any stage if it seems required.

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        • #5
          to restate what I believe is the situation here, in alberta Queens Bench the Judges who have time to take on cases publish their availability, the lawyers get the list and then solicite the Judge they want ... whom can
          agree to pickup the case.

          if some lawyers are adversarial and/or unscupulas ( they do exist ) then what type of Judge would they persue ?

          fundamentally i think this 'bartering' for a Judge system is flawed - the lawyers are using 'profiling' to try and tip the scales of Justice, I think a case can be lost by just getting the wrong Judge.

          If 'Judges' are capable then I think random assignment here is alberta would be fairer today until things are corrected - having spoke to a number of dads who have slept in their friends camper or back seat of their car for long periods of time I think the 'rotten' element exists here.

          but I am guessing the Judges see themselves above being 'assigned' cases - prestige and all probably plays a part , its not as if the 'system' is for the people.

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          • #6
            What you are talking about sounds more like the JDR assignments in Alberta being the Judicial Disupte Resolution process which is a process different from the court process that allows parties to work out their solution and can be binding or non binding.

            Lawyers can schedule their JDR to be with a judge that they prefer I guess but most of these JDRs are non binding so it's not that big of a deal.

            Otherwise, you have to apply to get a matter put to case management by one judge as far as I know.

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