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CIVIL CLAIMS IN
THE ALBERTA COURT OF JUSTICE
The Alberta Court of Justice (formerly the Provincial Court of Alberta) handles civil claims involving disputes up to $100,000. Whether you’re dealing with a contract disagreement, property dispute, or lease issue, navigating the court process can be complex without proper guidance. In the past, this court has sometimes been referred to as small claims, although recent amendments to legislation have raised the monetary cap on small claims.
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At Wiebe Law, we act as a small claims lawyer to help clients across Alberta manage every step of the civil claims process—from filing the initial small claim to representing you in mediation, pre-trial conferences, and, if necessary, trial proceedings.
In the last few years, the court has conducted mediations and Pre-Trial Conferences virtually. However, trial remains an in-person proceeding as the trial judge must be able to observe the nuances of oral testimony through both parties' examination and cross-examination of witnesses. Book a consultation with Wiebe Law to discuss how we can assist you in advancing your small c laim in Alberta's small claims court, the Alberta Court of Justice..
Understanding Civil Claims
What Can Be Filed in the Alberta Court of Justice?
Civil claims or small claims typically cover disputes such as:
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Amount Owing for Goods and Services
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Debt Claim
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Motor Vehicle Accident
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Return of Security Deposit (Damage Deposit)
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Damages to Property
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Personal Injury (other than Motor Vehicle Accident)
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Payday Loan
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Breach of Contract
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Wrongful Dismissal
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Return of Personal Property (Replevin)
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Contract disagreements
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Property disputes
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Lease disputes between landlords and tenants
However, certain claims, like defamation, fall outside this court's jurisdiction and must be handled in the Alberta Court of King’s Bench. As your small claims lawyer, we’ll help you determine the right court for your case.
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01
Draft the Civil Claim
The claim must outline the parties involved, the facts, the legal basis, and the relief sought. As your small claims lawyer, we ensure your documents meet Alberta Court of Justice requirements.
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04
Mediation
The court may schedule mediation to explore settlement options. Attendance at mediation is mandatory, but at any point during the mediation, the parties may choose not to proceed any further.
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02
File and Serve the Claim
The Civil Claim is filed at the appropriate courthouse. The defendant is served a copy of the claim and a blank Dispute Note.
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Pre-Trial Conference (PTC)
If mediation isn’t scheduled or isn't successful, a Pre-Trial Conference (PTC) is held before a judge to discuss trial preparation, number of witnesses and set a trial date. This judge will not be the same judge that presides at the trial.
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03
Respond to the Claim
The defendant must file the Dispute Note by the deadline or risk a default judgment in your favor.
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06
Trial
If the matter proceeds to trial, the trial judge will hear both parties’ cases and render a decision.
How We Simplify the Process
At Wiebe Law, we take the stress out of small claims by:
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Drafting and Filing Claims: Ensuring all documents are accurate, complete, and compliant with Alberta’s court regulations.
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Mediation and Settlement Support: Representing your interests during mediation or PTC discussions to achieve the best possible outcome.
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Trial Representation: Providing skilled legal advocacy during trial proceedings.
Whether you’re the plaintiff or the defendant, we’ll guide you every step of the way with clear, practical advice tailored to your situation.
FAQs About Civil Claims
What Is the Monetary Cap for Civil Claims in the Alberta Court of Justice?
The monetary cap is $100,000. You can file claims that exceed the cap, but you abandone the part of the claim that exceeds the cap. If you want to recover more than the cap, you need to file your claim in the Alberta Court of King's Bench.
Do I Need a Lawyer for Civil Claims?
While not mandatory, hiring a small claims lawyer ensures your claim is handled correctly, increasing your chances of a favorable outcome.
How Long Does a Civil Claim Take?
The timeline depends on the complexity of the case. Mediation or settlement can resolve matters quickly, but trials typically take longer to schedule.