Gowling WLG (Canada) LLP

Before you call about a civil lawsuit / litigation

General guidance for this kind of matter, not advice about your situation and not specific to this firm.

Questions worth asking

• What are my realistic outcomes, including settlement, and what would each cost?
• Do you act for lenders, borrowers or both in restructuring matters, and which side would you be on for me?
• Would my file be staffed from Calgary or shared with your other Canadian offices?
• Will you handle the file yourself, or will most of the work be done by someone more junior?

How this work is usually billed

Litigation is typically billed by the hour, often against a retainer you top up as the file moves. Ask for a budget by stage: pleadings, document exchange, questioning, mediation and trial, and ask what happens to costs if the case settles early. Costs awarded against the losing party rarely cover a winner’s full legal bill.

What to have ready

The contract or documents at the centre of the dispute, a timeline of events, any letters or claims already served, and the date you first learned of the problem. In Alberta the general limitation period for most civil claims is two years from when the claim was discovered, so dates matter. If a lender or receiver is involved, bring the loan agreement and any demand or notice you received.