What does my lawyer mean when they talk about “Chambers”?
Chambers is another way of referring to appearances in court that are not a trial. The word “chambers” dates back to when a judge’s office was called their chambers. Lawyers could come to a judge’s chambers to apply for various types of court orders, usually for procedural issues. Today, “Chambers” hearings are in courtrooms and are open to the public. The decision-maker is either an Applications Judge or a Justice of the Court of King’s Bench.
Last updated: September 2022
What types of issues are heard in Chambers?
A Justice or an Applications Judge sitting in Chambers will hear what are called “preliminary matters” and “procedural matters”. They consider applications for orders for on-going civil law (including family law) cases, but do not usually make a final decision in the case.
Sometimes, the application will move a case forward in some way. For example, a plaintiff may need a court order to serve documents on someone. Sometimes, the application will be for an interim order, which means the order will only be in effect for a limited period of time or until the case goes to a full trial.
Justices and Applications Judges can make final decisions in foreclosure cases and can hear applications for summary judgment. Summary judgment can result if one party asks the decision-maker to dismiss the entire case without any more steps. For example, sometimes a party in a lawsuit will apply for summary judgment when there is no reasonable defence, and therefore no reason why a full trial should go forward.
Last updated: September 2022
What is an example of an interim order?
An example of an “interim order” is an order in a case where there is a dispute over who owns an asset. The plaintiff in such a case might make an application for an order that the asset in question cannot be sold or disposed of until a trial is held to decide who owns the asset. Interim orders can help parties to know what is expected of them until their case goes to trial.
Last updated: September 2022
What is the difference between a Judge, an Applications Judge and a Justice?
Judges are appointed to the Provincial Court, while Applications Judges and Justices are appointed to the Court of King’s Bench. Each position has different jurisdiction – the legal authority to hear cases and make decisions.
Provincial Court Judges have jurisdiction to deal with many issues. But some issues must go to the Court of King’s Bench to be decided. In the Court of King’s Bench, Applications Judges (formerly called Masters) have very limited power to hear matters (usually procedural issues), while Justices have very wide authority to make decisions.
Last updated: September 2022
May I go to Chambers with my lawyer, or by myself?
All courtrooms in Canada are open to the public at any time. If your lawyer is going to Chambers to make an application, you can go with them. If you are representing yourself, then you can make applications in Chambers by yourself. You can even go to Chambers if you are curious and just want to see what goes on there.
Last updated: September 2022
If I am representing myself, how do I know if I need to make a Chambers application?
Chambers applications only happen after you have already become involved in a civil law (including family law) case. You may be a plaintiff, who started the case by filing a Statement of Claim (the document that starts the whole process and sets out why you are suing the other party). Or you may be a defendant, who is responding to a claim made by the plaintiff.
If you are the plaintiff and there is something you need the court to do in order to move forward with your case, you may have to file an application in Chambers. For example, if you cannot serve documents on the defendant, then you may need an order to serve the documents on someone else, or in a way that is usually not allowed by the Alberta Rules of Court. You must consider whether your problem is one that can be resolved by a court order. You should know exactly what you want the Applications Judge or Justice to order. Do they have the jurisdiction to grant your order?
There are rules that everyone must follow before, during and after Chambers. See Part 6 of the Alberta Rules of Court (link below) that deal with court applications. Part 6 sets out the procedure for applications in general, and also gives information about evidence and appealing an order. You should read and become familiar with these Rules, because you must follow them if you want to make a Chambers application.
The Alberta Rules of Court (link below) say you must try to resolve your dispute by using a dispute resolution process. You can make an application in Chambers before trying one of the processes, but you must try one of them before you will be allowed to set a date for a trial. (See Rules 4.4 and 4.16 (1)).
Last updated: September 2022
Where do Chambers sittings take place?
Chambers sittings are held in courthouses around the province. In larger centres such as Edmonton and Calgary, they are held every morning from Monday to Friday, usually at 10AM. In smaller areas, they may only be heard on certain days of the week or month. For information in your area, visit Court of King’s Bench (see link below) website or ask your lawyer.
Last updated: September 2022
What should I know about going to the courthouse?
Courthouses, especially in the cities, are big and busy places and can be intimidating. Security can be very high and you may have to go through a metal detector, similar to going through an airport. Do not bring things with you, such as a pocket knife, that might cause you problems. Be sure to arrive at the courthouse in plenty of time to get through security and find the right courtroom.
Last updated: September 2022
How can I find out where my application is being held?
In Calgary and Edmonton, there are electronic bulletin boards in the lobbies of the courthouses that show the courtrooms and the list of applications being heard there. You can look for the name of your case on these lists and then go to the assigned room. If you don’t see your case on the list, ask at the Information Centre in the courthouse lobby. Do not be afraid to ask questions of the staff – they are there to help you.
Once you arrive at the designated room, there will be a monitor with scrolling information outside the door. Check the monitor for your case name to be sure you are in the right spot. In smaller centres, there may be a paper list posted in the lobby. Again, do not hesitate to ask courthouse personnel for help. Once you find the courtroom that you are supposed to be in, and if the Applications Judge or Justice has not started hearing matters, then you should check in with the clerk at the front of the courtroom.
Last updated: September 2022
If I go to Chambers to represent myself, will there be someone to help me inside the courtroom?
There is a clerk inside every courtroom. There job is to help the Justice or Applications Judge and to give information to people in the courtroom. If you are representing yourself, check in with the clerk before Chambers begins, so they know you are present. The clerk can confirm whether or not your application is on the list for that courtroom for that morning and that you are in the right place.
Last updated: September 2022
What should I do once I am inside the courtroom?
If you have a lawyer, look for them to have a brief talk about what will happen. If you are representing yourself, you may bring a friend with you for moral support, but that person cannot speak for you. Observe general courtesies, such as not eating, drinking or chewing gum. Remove your hat. Turn off all electronic devices.
The clerk will announce the arrival of the Justice or Applications Judge. Everyone stands when the Justice or Applications Judge enters the room. You should then sit quietly on the benches and wait for your case to be called by the clerk. If you have a lawyer, they will handle everything inside the courtroom. You should just sit and listen quietly. You must not interject or interrupt, even if you are upset with the application or the decision. There is also a tradition that when you enter or leave the courtroom, while the Justice or Applications Judge is sitting, you should bow in the direction of the Justice or Applications Judge at the courtroom door.
Last updated: September 2022
How do I know when it is time for my application?
The list of cases to be heard in that courtroom will be numbered. However, once Chambers begins, the cases may not necessarily be heard in that order. The Justice or Applications Judge will also hear certain cases that are not on the list. This is why it is very important to show up early.
Generally, cases called “consent” matters (situations where the parties have come to an agreement about what should be in the court order) will be heard first because they are the fastest. Next, without notice matters (where only one side is there to ask for an order) and consent adjournments will be heard. Next, the Justice or Applications Judge handles unopposed applications, because they also do not take much time. An application is unopposed if no one shows up to argue against the order you are asking for. Next, the Justice or Applications Judge hears applications which are being presented by lawyers. Finally, applications by people who are representing themselves are heard, in the order in which they appear on the list. This is to ensure that more time can be allotted for people who may not be sure exactly what to do, so that they receive a fair hearing. The Justice or Applications Judge can also be sure the person understands the decision.
Last updated: September 2022
If I am representing myself, will anyone help me?
In some of the larger centres, there might be a lawyer called “duty counsel” who can give you general advice about what to do. You should arrive early if you think that you will want to speak to this person. Usually duty counsel is available for family matters, but not for civil chambers. The Justice or Applications Judge will be helpful to some extent, but they must remain neutral and cannot help you argue your case. Also, remember you must follow the Rules of Court for Chambers applications. The Justice or Applications Judge cannot overlook your failure to follow the rules. If you are going to represent yourself, you need to be prepared.
Last updated: September 2022
When my case is called, what should I do?
You should stand up and move to the front of the courtroom and introduce yourself to the Justice or Applications Judge. You should call them “Sir” or “Madam”.
Generally, the person who made the application (the applicant) speaks first, followed by the other party (the respondent). After both parties have spoken, the applicant may have a chance to respond. You must remain standing while you talk. Tell the Justice or Applications Judge what kind of order you are asking the court for. If they ask you questions, answer them. Do not speak directly to the other party. Be polite, do not interrupt, and speak only when it is your turn to do so. The courtroom is a very formal place, so you should remain calm and courteous, even if you disagree with the other side, or what the Justice or Applications Judge orders.
Last updated: September 2022
Will the Justice or Applications Judge make a decision right away?
In Chambers, Justices or Applications Judges almost always make and share their decision on the spot. You must listen courteously and not argue. If you disagree and wish to have your application re-considered, you will need permission to appeal it. Remember, if you disagree with the order that has been made, you should remain calm.
Last updated: September 2022
How will I get my order?
If you have a lawyer who made the application, they will write up the order following instructions from the Justice or Applications Judge. If the matter is pretty straightforward, the lawyer will have an order ready for the Justice or Applications Judge to sign in Chambers.
Sometimes, the clerk will prepare the order for the Justice or Applications Judge to sign. In this case, the clerk will tell you how you get a copy of the order. If you are representing yourself, but there is a lawyer representing the other side, then the lawyer will be responsible for drafting the order and will usually send it directly to the Justice or Applications Judge to sign.
The order will usually say your signature is not required, to make the process simpler. If you are representing yourself and there is no lawyer on the other side, you may have to write the order based on what the Justice or Applications Judge decided. The clerk may be able to give you some help.
Orders need to be filed and served on all parties before they are effective. If you are responsible for writing the order, you will also have to file it with the court and serve it on the parties.
Last updated: September 2022
How long does an application in Chambers take?
Usually, Chambers takes place from 10AM until whenever the list is completed. Most contested chambers applications (applications where both sides are present and make their arguments to the Justice or Applications Judge) should take about 20 minutes, with each side speaking for 10 minutes. If lawyers or self-represented persons think their applications will take more than 20 minutes in total to be heard, they should schedule a “Special Chambers” date. Special Chambers allow for longer hearings.
Last updated: September 2022
How can I learn more about Chambers applications before my hearing?
The Alberta Courts website is a good starting point. The website has lots of information on all sorts of court procedures. Also, Chambers are open to the public. If you are curious before your lawyer makes your application, or if you are representing yourself, look up the next time that Chambers applications are being heard in your area. You can sit in on a session to get an idea of what happens.
Last updated: September 2022
