Big Changes to Alberta’s Small Claims Court
The meaning of a small claim has changed, will you need a lawyer now?
You’ve probably heard of Small Claims Court, and maybe you’ve also heard of Provincial Court, and now you’re probably confused when you hear your lawyer talking about the Alberta Court of Justice. The truth is they are all the same court! As of April 1st, 2023 Alberta’s lowest court is the Alberta Court of Justice, formerly known as Alberta Provincial Court, and it has always been popularly referred to as Small Claims Court.
With the passing of Her Majesty the Queen Elizabeth II, the Alberta Government made several changes to our legal system, including changing the name of our superior court from Court of Queen’s Bench to Court of King’s Bench.
However, there were more than cosmetic changes. There were also changes that affect how you can defend your rights through the court system.
As many people are aware, legal claims are long, expensive, complicated, and difficult to run in Alberta. There is also a recognized backlog in our court system, all of which means that some people simply could not access the legal system, and justice was not being served. Something had to be done.
Recent changes to the limits for “small claims” are among the changes implemented to improve access to justice. As of August 1st,, 2023, anyone can bring a claim up to $100,000 in the Alberta Court of Justice. Previously, claims could only go up to $50,000. It’s important to note that certain legal actions cannot be heard in the Alberta Court of Justice, including estate matters, malicious prosecution, false imprisonment, defamation, criminal conversion, divorce actions and some other specific legal issues (link). These matters must be brought in the Court of King’s bench regardless of the amount claimed.
This change is meant to help people go through the more user-friendly Alberta Court of Justice, rather than the more technical Court of King’s Bench. The Alberta Court of Justice has simpler processes and procedures for adjudicating legal disputes, and matters tend to resolve on faster timelines (for overview go to link). The Alberta Rules of Court do not necessarily apply in the Alberta Court of Justice, and there is no set timeline or procedure regarding questioning, mediation, or disclosure of documents. The parties have more control over their proceedings and have more opportunities to settle before reaching trial.
However, just because it is known as the Small Claims Court, it does not mean the legal issues and battles are insignificant in this court. In fact, lawsuits in Small Claims Court can be complicated, technical, and overwhelming.
While there are many benefits to the simpler procedures in the Alberta Court of Justice, there are also procedural tools that can assist in pursuing or defending a claim, but only trained professionals may know about them. Obtaining effective legal counsel is crucial to both arguing and defending legal claims. Having a skilled advocate on your side will help you make strategic decisions such as whether to hold questioning or whether to bring certain applications in order to better manage your litigation. Without the mandatory procedural safeguards that exist in the Court of King’s Bench, you may benefit from legal representation to know when and how to conduct the litigation. Furthermore, if you need to defend yourself against a claim in the Alberta Court of Justice, effective legal representation can help you protect yourself from liability and ensure you reach a fair settlement of your matter.
To summarize:
- The Small Claims Court, Provincial Court, and Alberta Court of Justice all refer to the same court in Alberta.
- Recent changes mean lawsuits for $100,000 or less have to go through the Alberta Court of Justice (i.e. they are now considered small claims).
- The Alberta Court of Justice has a simplified process, faster timelines, and tends to lead to settlement faster.
- However, unrepresented litigants may still benefit from legal representation in order to:
o Make full use of strategy and procedural tools.
o Effectively argue for or defend against a claim.
o Provide you with legal insight and legal research to support your position.
If you are thinking of bringing a claim in the Alberta Court of Justice, contact Camino Law Group’s office today. Our skilled and experienced litigators can help you navigate the complex court system in a strategic and effective manner. If you are defending yourself from a claim in the Alberta Court of Justice, we can help you.
We are here to help.
Camino Law Group. Quality, attainable legal services.