The Provincial Court Civil is also known as the “small claims court” or the “people’s court” as a way to resolve disputes. It is also less costly than other legal options. However, only financial claims up to $50,000 can be filed in the Provincial Court Civil. Any claims involving higher amounts must be pursued in the Court of Queen’s Bench.

A civil claim is filed when one party sues another party in order to recover financial damages. Many civil lawsuits never go as far as courtroom litigation because once the claim is filed, it is subject to many steps that could resolve matters amicably. Mediation is one way in which disputes can be settled effectively and confidentially.

However, if mediation is unsuccessful, a judge may have to make the final decision. Before proceeding a civil lawsuit in Alberta a number of things must be considered. There are filing and other fees that typically apply, along with various forms to fill out and submit with the claim. The court does not provide legal counsel to represent claimants, though litigants have every right to retain an experienced civil litigation attorney to advocate for them at every stage of the proceedings.

A lawyer can assess the client’s needs and explain what the individual needs and why. Legal counsel can also focus on ensuring the client’s wishes will be carried out as planned upon the client’s death. At the same time, the lawyer can ensure that the will and other estate planning documents follow the laws of Alberta.

Furthermore, a lawyer can limit tax implications and other fees regarding the estate upon the testator’s death. Other difficult but crucial steps include choosing a guardian to care for young children. The lawyer can also include notes to document that the client was mentally fit at the time of drafting the will.

Without the guidance of an experienced Alberta estate planning lawyer, the intended beneficiaries might never receive their share of the assets, and even if they do, the legal costs might reduce the value of the estate significantly. This could mean that thousands of dollars go to estate costs and not to the beneficiaries. Moreover, without the skills and experience of legal counsel, litigation can tie up the assets of the estate for years before the intended beneficiaries receive their inheritances.

If the plaintiff receives an offer from the defendant to settle without going to court, the plaintiff has the right to refuse or accept the offer. If the offer is accepted, the defendant can pay the settlement amount into court or directly to the plaintiff. Direct payment will require the plaintiff to issue a dated receipt that contains the amount that was paid, and all the parties must sign it. If the amount is paid to the court, without first negotiating with the plaintiff, the clerk of the court will inform the plaintiff of the offer, and allow 30 days for refusing or accepting the order.

For direct settlements, the plaintiff must file a Notice of Withdrawal to inform the court that the case will not proceed to litigation. If the plaintiff accepts the offer of money paid into court, the plaintiff will receive a cheque after the defendant’s payment has been cleared by the bank. At this time, the plaintiff will also receive Notice of Withdrawal forms to complete and file.

If, however, the plaintiff does not accept the offer, the case will proceed to court. This is a complicated field of the law, and an Alberta lawyer who is experienced in civil litigation is typically the best choice to navigate it. The lawyer can also provide valuable advocacy to assist the plaintiff in considering a settlement offer. If the case proceeds to court, the plaintiff can benefit from having skilled legal counsel in his or her corner.

Health Canada administers the CCPSA, and the law authorizes Health Canada to issue fines for consumer products that pose a danger to human health or safety when used for regular and foreseeable purposes. This includes any product that causes an injury or death, or could harm the health of the person exposed to it. Furthermore, fines might also be issued if a chronic ailment is attributed to the use of a hazardous product, regardless of the lapse of time between the exposure and the adverse effect.

Under the CCPSA, certain products may not be sold, manufactured, imported or advertised. Health Canada is specifically authorized to test and evaluate all consumer products to verify compliance with CCPSA. If products are found not to comply with the Act, the federal government is empowered to recall products that are hazardous or might pose a danger to the safety or health of humans.

Most business owners in Alberta endeavour to comply with the standards mandated by the CCPSA. Nevertheless, unanticipated incidents can occur that cause harm to consumers. When this happens, the affected consumer may have grounds to file a products liability claim, which could be harmful to the business. The business owner has every right to secure the services of a lawyer with extensive civil litigation experience. The fact that a business entity is sued does not mean that liability automatically follows, and the right attorney will work with the client to defend its business reputation and pursue an optimal resolution of the dispute.

Debt claims can include unpaid loans, breaches of contract, default rent payments and damage deposits. Before suing, giving the other party a written demand letter might have the desired result. The letter must state the owed amount, the deadline for settling the debt and to whom the payment must be made. It can also include a notice to advise the other party that failure to pay might lead to a civil lawsuit.

The person seeking payment might have questions about limitation periods and other aspects that might affect the civil lawsuit. Issues that might play a role in the outcome of such a claim include the date when the debt was incurred as well as whether the debtor has acknowledged the existence of the debt in writing and whether the entire debt is outstanding. If a portion of the debt has been paid, the time limit might be affected.

These and many other issues could affect the claim, and civil litigation is typically a complicated field of the law. An Alberta lawyer who has experience in dealing with all aspects of business and commercial law can be an invaluable source of support and guidance. Legal counsel can assist with the navigation of a civil lawsuit or any other viable means of legally resolving the issue.

Mediation is an informal but confidential process, whereby a professional mediator provides a platform and facilitates negotiations. No party is forced to accept or agree to any particular settlement, and the mediator, who is an independent third party, leaves all decisions for the parties without coercion. The mediator may explain available options that might bring resolve, but he or she may not provide legal advice.

In contrast to the formality of court or arbitration, mediation is informal with only the rules set by the different parties. The same applies to the confidentiality of what happens during mediation. If the parties agree in advance that they want the negotiations to be confidential, they and the mediator can sign a confidentiality clause.

Business owners in Alberta who are unsure about how to resolve disputes of any nature might find that a consultation with an experienced commercial lawyer can be invaluable. Legal counsel can explain the pros and cons of both mediation and civil litigation. This will allow the client to make informed decisions about the most suitable way to deal with particular disputes. Regardless of how the client chooses to proceed, the lawyer will provide advocacy, support and guidance with every step of the way.

Children are at higher risks because they might not know the difference between cannabis-containing gummy bears or brownies and those to which they are used. Parents might ensure that their personal cannabis products are stored safely, but children must learn about the risks of taking candy from others — even if they are not strangers. Using marijuana along with other medications can also have severe consequences, and it should only be done with a doctor’s approval.

Learning the telltale signs of too much marijuana might prevent adverse consequences, and for children, even small quantities can be detrimental. Symptoms for which to look out include anxiety, confusion, panic and paranoia. Cannabis can also cause severe nausea, vomiting, an accelerated heart rate and hallucinations. Children can suffer sever consequences, and medical care is essential.

When a parent finds that his or her child consumed cannabis-containing edibles, he or she might be entitled to seek recovery of financial and emotional damages sustained. An Alberta lawyer who is experienced in the field of civil litigation can assess the circumstances to determine the available legal options. If there are grounds for a lawsuit, the lawyer can provide the necessary support, guidance and advocacy throughout ensuing legal proceedings.

Reasonable care includes removing snow and ice on walkways and repairing surface gaps or cracks in parking lots and other surfaces. Also, property owners must address unexpected elevation changes and damaged or missing rails on stairways. Seasonal hazards such as wet and slippery fall leaves and other debris must be removed, and steps must be taken to ensure adequate lighting in dark areas. If reasonable care is not taken to eliminate hazards, injured parties might hold the property owner responsible for damages.

When a premises liability lawsuit is filed in a civil court, the judge will consider specific criteria, one of which is whether the danger could have been foreseen and whether acceptable standards of practice were evident in the property owner’s conduct. The amount of time that the dangerous condition existed before the incident that caused the injury will be considered as well as how easy it would have been to eliminate the hazard. These are some of the criteria that can show whether the property owner took reasonable care.

Victims of premises liability accidents such as slip-and-fall injuries who consider pursuing financial relief through the Alberta civil justice system might find the process challenging. A lawyer who has extensive experience in this field might best navigate civil litigation. A lawyer can also provide valuable support and guidance throughout ensuing legal proceedings.

Transport Canada’s new seatbelt policies for medium and large highway buses, with a weight greater than 4,536 kg, take effect on September 1, 2020. Bus companies must install seatbelts on all new medium and large highway buses by then. Transport Canada set the effective date in 2020 to allow enough time for bus companies and manufacturers to make the changes. The seat belts, if worn by passengers, will reduce rollover injuries.

School buses don’t have seat belts. They sit high above the ground, so most crashes happen below the floor line. The seats are high-backed and placed closely together to protect children and cushion impacts. Transport Canada says that school buses are safe.

However, a 2010 Transport Canada report showed that school buses failed the ministry’s own safety tests. The seats do not prevent injuries if the bus rolls over or is hit on the side. Children could be thrown from the bus. The 2010 Report became public in 2018 after a CBC investigation. That prompted Transport Canada to start a review of its school bus seatbelt policies. The ministry may require seat belts be installed on school buses in future. Bus companies may install seat belts now if the belts meet Transport Canada’s specifications.

Those involved in bus and school bus industries may want to consult a lawyer to better understand the implications these changes may have for their companies.

The settlement was in response to a 4-year-old patient who suffered permanent brain damage due to a dental procedure. The patient was under anesthesia when, under the care of a nurse, she stopped breathing. Reportedly she was deprived of oxygen for up to seven minutes and was soon put on life support at a nearby hospital.

The incident left her with limited mobility in her arms and legs as well as only partial ability to speak. The dentist was charged by his association with five counts of unprofessional conduct and other administrative infractions. All five of the main charges were upheld after a week-long hearing, with a tribunal finding he did not take quick enough action during the incident.

One of the benefits of a professional association holding a trial of its own is that the organization can limit a physician’s ability to practice again in certain circumstances. However, civil litigation can often reap higher penalties in Alberta medical malpractice cases. In this case, the victim’s family has launched a $26.5 million lawsuit against both the dentist and his nurse. Those who have been the victim of professional negligence and wish to explore their legal options should speak with an Alberta lawyer.