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Most commercial claims in Alberta are decided in the Court of King’s Bench, under the Alberta Rules of Court. Knowing the stages helps you budget, since costs and time depend heavily on how far a case goes.
Pleadings and disclosure
A lawsuit starts with a statement of claim that sets out the facts and the relief sought. The defendant responds with a statement of defence, and sometimes a counterclaim. Both sides then exchange records: Alberta’s rules require parties to identify and produce relevant documents in an affidavit of records.
Alberta uses the term questioning, rather than examination for discovery, for the process where a party questions the other side under oath before trial.
Resolution before trial
Most cases settle. Parties negotiate, use private mediation, or take part in judicial dispute resolution, where a judge helps the parties explore settlement without deciding the case.
Applications can also narrow or end a case earlier, such as applications for summary judgment where there is no genuine issue requiring a trial.
Trial, costs and delay
A trial is the most expensive stage, and the outcome carries a risk for both sides. Costs are usually awarded to the successful party but rarely cover the whole legal bill.
The Rules also let a court dismiss a claim that has not significantly advanced for a long period, three years being the key threshold, so a claim should not be left sitting.
Keeping a claim on track
- Calendar every deadline in the Rules, including for a defence and for records.
- Preserve documents and emails from the day a dispute is likely, not the day you are sued.
- Ask your lawyer for a budget by stage and revisit it after the records exchange.
- Consider mediation or judicial dispute resolution before questioning gets expensive.