December 20 , 2019

Electronically Navigating the Handbook

October 7 , 2019

Questioning is a Bad Word

July 29 , 2019

Dismissal for Delay

May 7 , 2019

Rule 4.31 Fallacies

March 18 , 2019

More Dangers in Oral Fee Agreements

February 11 , 2019

Weir-Jones Decisions

January 9 , 2019

Discouraging Settlements

November 30, 2018

European Court Helps You Twice?

November 23 , 2018

Courts Overruling Tribunals

November 16 , 2018

New Evidence on Appeal

October 30 , 2018

Schedule C's Role

July 17 , 2018

Loopholes in Enforcing Settlements

May 7 , 2018

Enforcement of Procedure Rules

April 16, 2018

Limping Lawsuits are Often

April 3 , 2018

Court of Appeal Tips for
Summary Decisions

March 19, 2018

Serious Dangers in Chambers

February 13 , 2018

Court Backlog

December 18 , 2017

Lowering the Status of Courts

September 15 , 2017

Access to Court Decisions

July 4 , 2017

Strictissimi Juris

June 14 , 2017

Why Don't Your Clients Settle?

June 5 , 2017

Gap in Rules About Parties

June 5, 2017

Personal Costs Against

April 26, 2017

Clogged Courts

April 11, 2017

Dismissal for Want of

January 6, 2017

Incomplete Disclosure

December 15, 2016


November 23, 2016

Is Contract Interpretation Law?



Côté’s Commentaries

© J.E. Côté 2016-2019

Electronically Navigating the Handbook


Over the years the Civil Procedure Handbook has been enriched by more and more decisions. But that has not made it easier to find law in it quickly. It is always frustrating to recall vaguely that you once saw a Rule or commentary on point, but not be able to find it in the book.

Now we have now done two things to help you go right to the law that you want.

You already have the first new thing, even if you have not noticed it yet. This year we considerably expanded the subject index at the end of Volume One. It contains many new entries, and many more cross-references. All the topics which form Parts of the commentary on many Rules are now in the index. As usual, you can access this in the hardcopy book. If you or your law office bought the Handbook, you can also access the index electronically, in the online version of the book at

Your second finding tool is newer, and you should be able to access it in a few days. We have prepared a long detailed table of contents. It covers every division or subdivision of the commentary anywhere in the book. And it lists the general topic of each Rule. That is especially useful when you know approximately where some commentary is, but not exactly. It saves you having to wade through several Rules' long commentaries. It should be particularly helpful in finding commentary on costs. We do not want to bulk out Volume One of the hard-copy version too much. You want a book which is not too heavy, and will fit in a briefcase. So you will be able to access the new full table of contents electronically at the place on the website named above.

Today when you drive to an unfamiliar location, you see on a screen two things: exactly where you are now, and how to get from where you are, to where you want to go. Within a few days, your Handbook will also tell you that, showing you in two different ways.

– Hon. J.E. Côté


The Commentaries are intended to call the attention of lawyers to promising or threatening developments in the law, in civil procedure, in developing their skills, or simply to describe something curious, funny or intriguing.

Justice Côté recently retired from the Court of Appeal of Alberta and currently acts as an arbitrator, mediator, or referee under Rules 6.44 and 6.45 of the Alberta Rules of Court.

He may be contacted through Juriliber at email: or phone 780-424-5345.