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In law, a motion to set aside judgment is an application to overturn or set aside a court's judgment, verdict or other final ruling in a case. [1] [2] Such a motion is proposed by a party who is dissatisfied with the result of a case. Motions may be made at any time after entry of judgment, and in some circumstances years after the case has ...
The Alberta Law Reform Institute (ALRI), the province's law commission, was given a mandate in 2001 to review the Rules of Court and produce recommendations for a new set of Rules. The project goal was to create rules that are clear, useful and effective tools for accessing a fair, timely and cost efficient civil justice system.
The Alberta Court of Justice is an inferior court of first instance in Alberta, which means decisions from the Court of Justice may be appealed at the Court of King's Bench of Alberta and/or the Court of Appeal of Alberta. The Alberta Court of Justice hears the majority of criminal and civil cases in Alberta. All of Alberta’s criminal cases ...
For example, perhaps a defense was filed in time, but the claimant still attempts to enter judgment. The court staff usually check for things like this, but occasionally things slip through the net. It used to be the obligation of the claimant to apply to set aside their own judgment in these circumstances, but this obligation was dropped in 2005.
The court originated from the old Supreme Court of the Northwest Territories which was replaced by the Supreme Court of Alberta in 1907 (shortly after Alberta became a province in 1905). The new Supreme Court of Alberta comprised a trial division and an appellate division (essentially, brother justices of the Supreme Court sitting en banc with ...
"This is an appeal by special leave from a judgment of the Supreme Court of Canada, dated the 2nd May, 1922, on a reference by the Governor-General in Council under Section 60 of the Supreme Court Act (R.S.C. 1906, c. 139) of certain questions touching the right of the Honourable Horace Harvey, notwithstanding the statutes passed by the ...
A vacated judgment is usually the result of the judgment of an appellate court, which overturns, reverses, or sets aside the judgment of a lower court. An appellate court may also vacate its own decisions. Rules of procedure may allow vacatur either at the request of a party (a motion to vacate) or sua sponte (at the court's initiative). [1]
On June 30, 1979, the Supreme Court Trial Division was renamed the "Court of Queen's Bench of Alberta". The district courts created in 1907 were amalgamated into the District Court of Northern Alberta and the District Court of Southern Alberta in 1935, merging altogether into the District Court of Alberta in 1975.
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