Suing someone in Alberta: how a civil claim works

Choosing the forum

Alberta's Court of Justice hears civil claims up to a monetary limit, with a simplified procedure. Larger claims proceed in the Court of King's Bench, where the procedure is more formal and the process longer. The value and complexity of the claim generally decide the forum.

The stages

Most Court of King's Bench actions follow the same sequence:

• Pleadings: the statement of claim and the statement of defence define the issues
• Disclosure: each side produces the relevant records in its possession
• Questioning: parties answer questions under oath before trial
• Applications: interim issues are decided along the way
• Mediation or settlement discussions
• Trial, if the matter has not resolved

Why most claims settle

By the time disclosure and questioning are complete, both sides have a much clearer view of the evidence and the risk. Settlement at that point is often better than the expected value of a trial once cost and delay are accounted for.

Costs consequences also apply: an unsuccessful party is commonly ordered to pay a portion of the successful party's legal costs, which sharpens the analysis considerably.

Limitation periods

The general rule under Alberta's Limitations Act is two years from when the claimant knew or ought to have known of the injury, with an ultimate longstop period. Because the discovery date can be contested, do not treat the deadline as a comfortable margin.