Civil litigation is the court process used to resolve disputes that are not criminal, such as contract disagreements, property issues or many types of personal injury claims. In Alberta, civil cases may be heard in the Alberta Court of Justice or the Court of King’s Bench, depending on the amount at stake and the nature of the claim.
Understanding the main steps of litigation can help you feel more prepared if you are considering starting a lawsuit or defending one. An Edmonton civil litigation lawyer can guide you through each stage and help you evaluate options such as settlement, mediation or trial.
Choosing The Right Alberta Court For Your Civil Claim Or Defence
The first question in many cases is where to start the claim. In general, smaller claims are often brought in the Alberta Court of Justice, while larger or more complex matters go to the Court of King’s Bench. For example, claims over a certain monetary threshold or those involving interests in land usually must be filed in the Court of King’s Bench.
Your lawyer will consider factors such as the amount in dispute, the type of relief you are seeking, the time and cost involved and any strategic implications of choosing one court over another. Some disputes, including many under about one hundred thousand dollars that do not involve land, may qualify for a simplified process in the Alberta Court of Justice.
Main Stages Of The Alberta Civil Litigation Process Explained
Although each case is unique, civil actions in Alberta generally follow a series of steps:
- The process often begins when the plaintiff files a Statement of Claim or Civil Claim and has it served on the defendant
- The defendant responds in a Statement of Defence and, if appropriate, a Counterclaim
- The parties exchange relevant documents through an Affidavit of Records
- Questioning (also known as examination for discovery) takes place where each side can ask the other questions under oath
- Applications may be brought to deal with specific issues, such as document disclosure or interim orders
- Settlement discussions and mediation can occur at many points
- If the case does not settle, it proceeds toward a trial where a judge (and sometimes a jury) hears evidence and makes a decision.
Along the way, there may be deadlines and procedural rules that must be followed under the Alberta Rules of Court. Missing a key deadline or failing to comply with a court order can have serious consequences, including cost awards or even the dismissal of a claim.
How Recent Changes Are Shaping Litigation Timelines In Alberta
The Alberta civil justice system is evolving. For example, the Court of King’s Bench has recently introduced mandatory litigation plans for non-family civil cases. These plans are meant to help parties and the court manage timelines, narrow issues, and keep cases moving forward more efficiently.
These developments are part of a broader effort to improve access to justice by reducing unnecessary delay and promoting earlier resolution where possible. An experienced litigation lawyer follows these changes closely and can advise you on how new rules may affect the strategy and pace of your case.
Settlement, Mediation And Alternatives To A Full Civil Trial
Many civil disputes resolve without a full trial. Negotiation between lawyers, formal settlement meetings and mediation can all play a role in reaching an agreement. Mediation, in particular, is often encouraged by the courts as a way to save time and cost while allowing the parties more control over the outcome. Our article on mediation as a way to avoid trial highlights some of the benefits of early resolution.
Even after a lawsuit has been started, a settlement remains possible at almost any stage. Offers to settle can have cost consequences if they are not accepted and the final result at trial is less favourable than the offer. Your lawyer can help you understand how different settlement scenarios compare to the risks and potential rewards of going to trial.
What To Expect When You Work With An Edmonton Civil Litigation Lawyer
Working with a civil litigation lawyer is about more than simply going to court. Early in the process, your lawyer can help you assess whether your claim or defence has a solid legal foundation, identify evidence that will be important, and explain potential outcomes. As the case progresses, they will draft and file court documents, communicate with the other side, attend case management or chambers appearances and prepare you for questioning or trial.
Lawyers at Verhaeghe Law may also explore whether alternative dispute resolution is appropriate, recognizing that settlement can sometimes achieve your goals with less stress and cost. If the matter does proceed to trial, your legal team will help organize witnesses and exhibits, develop a clear theory of the case and present your position to the court in a structured way.
How Verhaeghe Law Helps Clients Navigate The Alberta Litigation Process
At Verhaeghe Law Office, our civil litigation team assists clients with a wide variety of disputes, including contract claims, property matters and other civil conflicts. With offices in Edmonton, Athabasca and Whitecourt, we represent individuals and businesses throughout Alberta. We focus on practical advice, strategic planning and clear communication at every stage, from initial consultation through to settlement discussions, court applications and trial where needed.
If you are considering starting a lawsuit or have been served with a claim, contact our Edmonton civil litigation lawyers or call (587) 410-2500 to book a consultation and learn more about your options.
Please note, the information in this article does not constitute legal advice. It is intended as a general overview of an area of civil litigation. For legal advice, please consult with a lawyer.