Casual legal: New rules of procedure in expropriations

DISCLAIMER: This article is meant to provide information only and is not intended to provide legal advice. You should seek the advice of legal counsel to address your specific set of circumstances. Although every effort has been made to provide current and accurate information, changes to the law may cause the information in this article to be outdated. 

By Greg Weber 

Reynolds Mirth Richards Farmer LLP 

Alberta Municipalities Casual Legal Service Provider  

Approximately five years ago, the Province merged several boards, including the Land Compensation Board, into a single administrative body: the Land and Property Rights Tribunal (the “LPRT”). The LPRT was equipped with a new power to make its own procedural rules; however none have been forthcoming. In the meantime, the LPRT adopted the previous rules of procedure in expropriations while expropriating bodies and land owners awaited the announcement of new rules. 

The LPRT recently unveiled a first draft of the new replacement procedural rules (the “Proposed Rules”). A couple of the highlights to note: 

• Case Management Conference: Currently, whenever an application is made, a Dispute Resolution Conference is held with an LPRT Member. If the matter cannot be resolved or if steps required cannot be agreed to, then the application proceeds. The Proposed Rules now allow the LPRT Member to make procedural orders within the conference. This will create greater efficiency. 

• Mediation: The Proposed Rules provide for a standardized process for mediation of issues with an LPRT member. Mediation will be optional but will provide an avenue of potential resolution that will be beneficial and more economical in many circumstances. 

• Self-Represented Litigants: There are some Proposed Rules to assist the LPRT in managing parties who are not represented by lawyers. 

Unfortunately, the Proposed Rules will not enhance the parties’ ability to deal with delay or to manage frivolous claims in an efficient and expedited fashion. These were two significant holes in the previous rules that, in the current draft, will be carried forward. However, the Proposed Rules are not final and will be posted to the LPRT’s expropriation website soon where members of the public may provide feedback.

To access Alberta Municipalities Casual Legal Helpline, Alberta Municipalities members can call toll-free to 1.800.661.7673 or email casuallegal [at] abmunis.ca (casuallegal[at]abmunis[dot]ca) and reach the municipal legal experts at Reynolds Mirth Richards and Farmer LLP. For more information on the Casual Legal Service, please contact riskcontrol [at] abmunis.ca (riskcontrol[at]abmunis[dot]ca), or call 310.MUNI (6864) to speak to Alberta Municipalities Risk Management staff. Any Regular or Associate member of Alberta Municipalities can access the Casual Legal Service.