How much does it cost to file a civil claim in the Provincial Court of Alberta?
|Civil Claim – valued at $7,500 or less||$100|
|Civil Claim – valued over $7,500||$200|
|Dispute Note without a counterclaim||$25|
|Dispute Note with a counterclaim valued at $7,500 or less||$75|
|Dispute Note with a counterclaim valued greater than $7,500||$125|
What is a civil claim in Alberta?
Civil Claim Process. This is where one party chooses to sue another party. Once a Civil Claim is filed the action goes through many steps to reach a resolution, and it may ultimately come before a judge for a legal decision.
What happens after you file a civil claim?
After you issue your civil claim and the court serves it, and after the defendant files their defence, the court manages the next steps in the process (including the timetable) between then and the final hearing (trial) or settlement. This is the process this guides explains, and shows you what you need to do.
How do I sue someone in Alberta?
How to apply
- Choose the right forms. Family Law Act.
- Complete an affidavit or statement for each order you request.
- File the forms with a court clerk.
- Serve your application or claim.
- If you are filing an application, complete an Affidavit of Service for each applicant and respondent.
- Attend court.
Who pays court costs in civil cases Canada?
All provinces in Canada and almost all common law jurisdictions have adopted the “English system” of “loser pays” court costs. Historically, under the English system, successful litigants were awarded approximately 40-50% of their actual legal expenses.
How long do you have to file a civil suit in Alberta?
Filing a Civil Claim at the courthouse; Serving the Civil Claim on opposing party within one year from filing date; Filing an Affidavit of Service with the courts; and lastly. The defendant then has 20 days from the date he/she was served to file and serve a defence, also called a Dispute Note.
What is a civil claim?
It covers cases about broken contracts (often called ‘breach of contract’), money owed, compensation, and personal injury – including road traffic accidents and accidents at work. You might use it to take someone to the small claims court, or use the fast-track process in a county court.
Can you sue for emotional distress in Alberta?
Alberta courts may not speak of emotional distress cases, but they do take the infliction of mental injury very seriously indeed.
Who pays court costs in civil cases?
Court Costs are generally paid by the losing party at the conclusion of the case.
How do I defend a civil claim in Alberta?
If you are named as a defendant in a civil claim filed with Provincial Court, you may defend the civil claim by filing a Dispute Note form with Provincial Court within 20 days from the date of service of the civil claim if served in Alberta, or 30 days from the date of service of the civil claim if served outside Alberta.
Can I bring a civil claim in provincial court?
If your civil claim or counterclaim is for more than $50,000.00, you may still bring it in Provincial Court but must be willing to abandon that portion of your claim/counterclaim greater than $50,000.00.
What is Provident court civil in Alberta?
Provincial Court Civil, often referred to as the “people’s court” or “small claims court”, provides Albertans with simpler, less expensive ways to resolve disputes. This simpler process means that it is not necessary to be represented by a lawyer in Court. It is still your choice to hire a lawyer or agent to assist you through the process.
What are the different types of courts in Alberta?
Alberta has various levels of courts: Provincial Court, the Court of Queen’s Bench, and the Court of Appeal. Each level of court has specific jurisdiction (i.e. authority to hear certain matters), sometimes with overlap. In particular, you may have the option to bring a civil claim in either Provincial Court or the Court of Queen’s Bench.