Albertans who are involved in legal disputes might be unsure how to seek recovery of damages. Although they are likely aware that civil litigation is an option, they may have a lot of questions about it. Court staff do not provide legal advice, nor may they predict the outcome of a particular case.
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.
