The Alberta Court of Justice (formerly, the Provincial Court of Justice or Small Claims Court) is considered to be the “layman’s court”, offering a more streamlined process for individuals and corporations to resolve civil disputes up to $100,000 (not including interest). The Alberta Court of Justice does not require that individuals/corporations be represented by a lawyer. Rather, the parties can self-represent, or they can hire a civil court agency firm, such as AzPerLegal Services Inc. to represent them as their civil court agent.
Set out below is a general overview of the process involved when either pursuing a claim at the Alberta Court of Justice level or having to defend a claim brought by a party against you.
A Few Requirements at the Alberta Court of Justice
Before you can bring a matter to the Alberta Court of Justice, you need to ensure that your case meets specific requirements:
- Claim Limit: The Alberta Court of Justice addresses claims up to $100,000 (not including interest). If your claim is higher than $100,000, you have the option of abandoning any amount in excess of $100,000. If you do not wish to abandon any amounts higher than $100,000, you will have to sue the other party at the Court of King’s Bench which, if you are a corporation, will require you to hire a lawyer. If you are suing personally, you can represent yourself, however, we do not recommend this as court procedure at the King’s Bench level is much more complex and involved, not to mention more time-consuming and lengthy.
- Limitation Period: Depending on the type of claim you are considering pursuing, you may only have two years from the date of the incident or from when you became aware of your claim to commence your claim. Limitation periods for suing are very tricky and can be quite confusing. Accordingly, we suggest that you contact AzPerLegal Services, a civil court agency firm, to discuss limitations.
- Jurisdiction: Not all cases can be heard at the Alberta Court of Justice level. Please contact AzPerLegal Services directly for information related to claims that can and cannot be heard at the Alberta Court of Justice.
It is best to consult a civil court agency firm such as AzPerLegal Services Inc. to ensure that your claim meets the requirements of the Alberta Court of Justice. AzPerLegal Services will act as your civil court agent throughout the process to ensure that the best possible course of action is taken with a view to maximizing a resolution to your benefit.
Starting the Process
Filing a Civil Claim: The process begins by filing a Civil Claim. This document outlines the nature of your dispute and what you wish to be compensated for (this is called “relief).
Serving the Claim: Once filed, the Civil Claim must be served on the Defendant. There are various ways to serve a Civil Claim, some of which are better than others in terms of enforcement of the financial award you receive from the Court when you are successful in your lawsuit (called a “judgment”).
Dispute Note: The time frame within which a Defendant (who you are suing) can respond to the Civil Claim is dependent upon whether the Defendant resides within the province. If the Defendant resides within the province, she/he/it has 20 days to respond by filing a Dispute Note. If the Defendant resides outside of the province, they have a longer time to file a defence. Failure to file a Dispute Note can result in judgment being obtained against the Defendant by default.
While these steps may sound easy, and they can be in an ideal world, oftentimes, how a Civil Claim is worded, how the Defendant is served and depending on the type of claim, whether default judgment is entered, if not done properly, can result in you not obtaining the type of award (judgment) you thought you were claiming, etc. To avoid these common pitfalls, AzPerLegal Services provides civil court agent services to parties making claims or who have been sued. We have a wealth of experience and knowledge regarding civil court procedure and the ins and outs of the Alberta Court of Justice.
Steps After Filing
Once the defendant has responded, the Alberta Court of Justice will review the case with a view to determining the next step in the process. Some of these steps include:
Court-Ordered Mediation: A mandatory step in most cases where both parties attempt to resolve their dispute with the help of mediators. If successful, a settlement is reached. If not, the case will be reviewed again, with a view to the next step, which is usually a Pre-Trial Conference. As your civil court agent, AzPerLegal Services will attend with you, with a view to providing strategies for resolution and to ensure that your position is clearly brought to the mediators and the other side.
Pre-Trial Conference: Cases that the Court does not feel are suitable candidates for mediation may move directly to a Pre-Trial Conference. Alternatively, if mediation fails, the case may be set down for a Pre-Trial Conference at which a judge will clarify the issues in dispute, provide an assessment for success/failure and will also attempt to work with the parties to resolve the dispute. There are procedural requirements that must be met prior to the Pre-Trial Conference, and as a result, using AzPerLegal Services Inc., as your civil court agent, will ensure that you are in compliance with the requirements of the Court and can also pave the way for a resolution at the Pre-Trial Conference.
Trial Options
There are two potential trial paths:
- Simplified Trial: Suitable for smaller, straightforward cases, a simplified trial has all the elements of a regular trial but in a condensed format. There is a lot of paperwork that must be completed and filed with the Court in a simplified trial.
- Trial: A full trial is scheduled where both parties present their evidence, question witnesses, and make their case before a judge. The judge may provide an immediate decision or offer a written decision later.
Remember, this is your chance to convince the Judge of your claim and of the amount you feel you should be compensated for. There are no second chances. It is highly recommended that you avail yourself of the services of a civil court agency, such as AzPerLegal Services, to represent your interest from the start of your claim to trial and afterward, to ensure that your claim is properly prepared, evidence in support of your claim is properly vetted and provided, witnesses are properly prepared and your trial professionally run to maximize your chances at success! We navigate the law and civil court process using our expertise and years of knowledge, so you don’t have to!
Blog posts from AzPerlegal Services Inc. are for general information only. The content should not be considered legal advice. If you are in need of professional legal advice, please reach out to our Paralegal Services team.
