Civil Litigation Law
Civil Litigation Lawyers in Calgary
Dependable Civil Litigation Lawyers in Calgary
There are many things to consider when seeking to start or defend a civil litigation matter with assistance from a civil lawyer in Calgary.
Before proceeding with a claim, we can assist you with having meaningful and productive communication with the other side. Through negotiation and open discussions, we may be able to resolve the matter before any material time and resources are invested. If there are roadblocks, as skilled civil lawyers in Calgary, we can work with you to issue a Demand letter clearly outlining your positions and ensuring the other side adequate time to review in order to settle the matter and avoid the start of litigation.
In bringing forward a claim, section 3 of the Limitations Act is paramount to consider. A claim has to be filed 2 years from the date that the claimant discovers or ought to have discovered the injury attributable to the conduct of the defendant, which warranted bringing a proceeding.
There are certain exceptions, but generally, the two-year mark is a crucial point.
Dimic Law is here to protect what matters most!
Court of Queen’s Bench Claims
If your Civil Claim is more than $100,000, the Alberta Court of Queen’s Bench is the right place for you to file your claim. The Alberta Rules of Court govern practice and procedure in the Court of Queen’s Bench of Alberta and all persons who come before the Court for the resolution of a claim– whether the person is a self-represented litigant or is represented by a lawyer.
Filing fees for your claim at this level are $250 per claim. Once your claim is filed, you have one year from the filing to serve the other party, which is done by serving the specified individual at their place of residence or through registered mail. The other party has 20 days served in Alberta and 30 days if served outside of Alberta in Canada. Courtesy is extended to the other party with any extension requests in order to ensure that they file a proper and complete document. Once the pleadings have closed, you have to serve your Affidavit of Records (the relevant and material documents supporting your case) within three months of filing the Statement of the Defence, while the other party has two additional months to provide theirs.
Again, common courtesy is encouraged by both sides in terms of any requests for extension in order to ensure that the records are complete. This is the first part of the Discovery process. After the exchange of records, parties are expected to Attend Questioning in order to allow for oral inquiries on the information provided and allow for additional requests. Since September 1, 2019, the mandatory suspension of the alternative dispute resolution [“ADR”] provisions or judicial dispute provisions [“JDR”] of the Alberta Rules of Court has been lifted, and parties are encouraged to seek these alternative options to trial as soon as possible. Throughout the litigation process, the parties should look to negotiate, collaborate, resolve, and settle their matters. The trial could be the answer, but they also tie up a lot of time and resources, provide for uncertainty, and future bookings given the pandemic are uncertain.
For more information, please visit the Court of Queen’s Bench Website.
Provincial Court Claims
In Provincial Court Civil, you can sue for an amount up to $100,000 plus interest and costs. This is the Court’s monetary jurisdiction.
Filing fees for claims up to and including $7500 are $100 per claim, whereas anything above $7500 is $200 per claim.
There are more options for service of these claims, and they may be made by:
Service may be made as follows:
- by personally leaving the documents with the Defendant at any location
- by leaving the documents for the Defendant at the Defendant’s most usual place of residence with someone residing there who is apparently 16 years of age or older; or
- by sending the documents by recorded mail addressed to the Defendant.
The time to respond to the claim follows the Court of Queen’s Bench timeframes, except in this case, you are filing a Dispute Note.
After the Dispute Note is served, both parties will receive a Notice or letter sent to your address for service from the Court setting out the next step in the action.
The next steps may include Mediation, Pre-Trial Conference, Simplified Trial, Trial or an invitation to participate in a Binding Judicial Dispute Resolution.
For more information, please visit the Provincial Court of Alberta website.
Our diligence in providing extensive guidance in all legal matters as corporate lawyers can assure you that you can let our team of professional litigation lawyers in Calgary assist in each step in the process, whether it is through a Court of Queen’s Bench or a Provincial Court Action.
A Legal Asset for Personal Injury Law
Explore comprehensive personal injury law services from Dimic Law. Our Calgary civil lawyers specialize in slip and fall accidents, motor vehicle collisions, dog bite cases, long-term disability claims, defective product incidents, nursing home and elder abuse matters, as well as class action suits. Your legal rights and general well-being matter to us as we are committed to giving you reliable personal injury legal guidance.
Enhancing the Workplace with Expertise in Employment Law
Amid an unprecedented economy, heavily reliant on oil and gas, challenges emerged post-2014. Asset opportunities vanished, leading to reduced capital spending. Companies scaled back, evaluating costs, mainly the workforce. Job loss, however unexpected, is a profound blow. As Calgary’s go-to employment and contract lawyers, Dimic Law ensures your rights and compensation are safeguarded with professional employment law services.
Assisting Our Clients With the Complexities of Debt Collection
Our team at Dimic specializes in debt enforcement, aiding with secured and unsecured claims via approved Civil Enforcement Agencies in Alberta. Our process covers issuing Demand Letters, judgment filing, Writ of Enforcement, property seizure, land sale, wage garnishment, and trial assessment. We optimize outcomes efficiently, ensuring clients’ success within Alberta’s 10-year judgment validity.
Civil lawyers in Calgary play a crucial role in helping you resolve civil disputes through negotiation, open discussions, and, when necessary, formal legal proceedings. They can assist in preparing and filing claims, issuing demand letters, and ensuring that your rights are protected throughout the litigation process.
The Limitations Act is of paramount importance when pursuing civil claims. In most cases, a claim must be filed within two years from the date you discover or should have discovered the injury caused by the defendant’s conduct. Exceptions exist, but understanding this time frame is essential for pursuing a civil litigation case.
The Court of Queen’s Bench is the right place for claims exceeding $100,000, while the Provincial Court handles claims up to $100,000. Each court has its own jurisdiction and procedures. Filing fees, timeframes, and steps in the legal process differ, so it’s important to choose the appropriate court for your claim based on its monetary value.
In Calgary, alternative dispute resolution methods, such as mediation and judicial dispute resolution, are encouraged before heading to trial. These approaches can save time, resources, and reduce uncertainty. Parties should collaborate and seek to resolve their matters before proceeding to court, especially given the challenges posed by the pandemic.
Dimic Law’s team of professional litigation lawyers in Calgary can assist in various civil litigation matters, including personal injury cases, slip and fall accidents, motor vehicle collisions, and more. We are dedicated to safeguarding your legal rights and ensuring that you receive the compensation you deserve for your injuries or losses.