It is not easy to sue someone. You must have sufficient proof against your opponent party to prove that you have faced an immense loss to take this legal action. Otherwise, corruption can happen very easily. After submitting all the paperwork and evidence, the court will give the final verdict.
To know more information on how to sue someone in Alberta, keep reading our article.
What is the procedure to sue someone?
Here, we are providing you with a small guide to sue someone in Alberta.
a. Take an appointment with a personal injury lawyer
Before taking any legal action, make an appointment with your preferred lawyer. Consult a personal injury lawyer in Alberta to determine whether you have a viable argument for your claim. The lawyer will evaluate the state of the case to determine whether you have the grounds and proof to justify it. Simply, you can sue someone or any organization that has caused you directly or indirectly physical or emotional pain. When people are injured as a result of someone else’s negligence, personal injury statutes cover their interests. You can file your claim for illegal activities such as hurt from crashes and deaths for the malpractice and wrongful death by the doctors and hospital staff. If a person has sustained damages of any kind (including property damage) and has not obtained fair or reasonable compensation, they have the right to sue the person.
b. Submit the filled out forms
The next step is the personal injury lawyer will file a lawsuit on your behalf and help you with paperwork and applications such as filling out the forms and submitting them. After that, the papers will get delivered to the Civil Court and keep you informed in the process. After the lawyer has collected all the evidence and settled on a payment agreement, they will suggest the next step. The next step could be settling for the opponent’s proposal or going further on the matter.
c. To go or not to go to court
On behalf of you, the lawyer will arrange an informal meeting. Here, he will work as a mediator. If everything goes okay, then it is the end of your case.
However, if the mediation is not successful, then you will go to court to claim justice. Then the court will suggest you some phases such as Pre-Trial Conference, Simplified Trial, Trial, and Binding Judicial Dispute Resolution. If these also don’t work, then the court will give you a date for the official trials.
Is there a time limit for suing?
In many cases, once a specific amount of time has passed, you cannot make a claim. We refer to this as a limitation period.
If you have any queries regarding the statute of limitations that applies to your case, as time limits are a difficult area of the law, you should speak with a lawyer. Refer to Links, Videos, and Legal Resources for further information about resources.
The following information is not legal advice; rather, it is aimed at providing a complete overview of several types of legal claims made in provincial court.
The time limit for debt claims, including contractual obligations, unpaid loans, unpaid damage deposits, and unpaid rent, is typically two years from the date the problem first began. This law has an exception: the two-year period begins when the debt was last acknowledged or partially paid, whichever comes first if the defendant has acknowledged in writing that the debt is still owed.
The statute of limitations is typically 2 years from the date of the injury or damage if you are claiming harm done to you or your property, such as from an assault or a car accident.
The usual time frame for bringing a case against your own insurance provider for failing to pay you after an accident is one year.
Does the amount I can sue for have a limit?
You may file a civil case in Provincial Court for up to $50,000 plus expenses and interest. The Court has financial jurisdiction over this.
If your civil claim exceeds the $50,000 limit, you have two options: abandon it (which is known as abandonment) or fight in the Court of Queen’s Bench for the entire amount.
What can I sue?
The term “jurisdiction” refers to a court’s legal right to hear a case. Different Courts have the authority to hear various kinds of cases.
Some of the civil claims that may be filed in provincial court civil include the following:
- Amounts owing for Goods and Services
- Debt Claim
- Motor Vehicle Accident
- Return of Security Deposit
- Damages to Property
- Personal Injury
- Payday Loan
- Breach of Contract
- Wrongful Dismissal
- Return of Personal Property
Some civil claims cannot be filed in provincial court civil, including the ones listed below:
- Issues relating to land ownership
- Wills, malicious prosecution, false imprisonment, or defamation (slander and libel)-related issues
- Illegal discussion or breaking a marriage promise
- Against any act committed by a judge, justice of the peace, or peace officer while performing their official duties, or
- By a local government or school board to collect taxes other than those charged on the use of or an interest in property that is exempt from taxation.
For personal injury claims in Alberta, you have the liberty to choose whether you want a lawyer or not. Especially for small claims, the court will inspire you to represent yourself. But on the bigger claims, you should take the help of your preferred, local, experienced lawyer.
Frequently Asked Questions
How long can you wait to sue someone in Alberta?
There could be many reasons for suing someone, such as an attack, sexual assault, motor vehicle accident or slip and fall accident, etc. The period for suing the fault party for injuries or damages to yourself or your belongings is usually two years from the date of the injury or harm.
How do I sue someone in small claims court, Alberta?
Before using, you need to give your opponent a signed demand letter. It will explain the amount of money you need for the accident and request them to pay you within a fixed deadline. You may also include in the letter that if the opposite party may not pay or resolve, you will go to Provincial Court Civil and claim.
How much does it cost to sue someone in Canada?
Some recent surveys done by Canadian lawyers say that taking a case through the conventional legal process and conviction can cost anything from 10,000 to 25,000 dollars. Small claims actions are often less expensive, often requiring only a small charge and another fee to file papers on the opposition party.
Is it worth it to sue someone with no money?
In some cases, yes, you can sue someone with no money. Even if you aren’t going to get much money, for some people to get any kind of justice for the accident is the main concern.
What happens if the person you sue has no money?
If you ask for more money than the accused has while suing, you have some choices for getting the money. The court will order a specific option. For example, you may have the power to take a little part of their wages or seize their tax refunds on occasion. You can also get any of their belongings comparing the owed money. You can also take the judgment as your justice without taking any money or property.
Can I sue without a lawyer?
In Alberta, everyone has the legal right to defend themselves in court and file a case without the assistance of a prosecutor. Even people are also encouraged to defend themselves for the small claims in the court because they are open for both of the party to choose. But for bigger claims with big companies, you should hire a lawyer to represent yourself in trials.
Can you sue for emotional distress in Canada?
The mental pain caused by an accident, illness, or another painful event is known as emotional distress or trauma. In extreme cases, you may need to see a therapist and pay for it. Even bystanders and families of the victims can file a federal complaint about emotional pain if they become traumatized after the incident.
Is there a time limit to sue someone?
After the accident, you will get almost 2 years to sue the fault party. But in rare and extreme cases, for example, if the victim was in a coma or the recovery phase was longer, then you can sue them after years of submitting proper evidence and reason for the delay.
Do you need a lawyer for a small claims court, Alberta?
For smaller claims, you need to go to the Provincial Court Civil, also known as ‘people’s court’ or ‘small claims court.’ They allow Albertans to settle issues more straightforwardly and cost-effectively. It is not mandatory to have a lawyer to defend you in court because of the simplified procedure.
Can you take someone to court for owing you money?
You need to have some evidence that the other person owes you money. That does not mean you need someone as a witness or even a legal agreement. Suing others for owing money is a legal proceeding. Here the court will determine who wins the case. They decide it by the ‘balance of probabilities which means who has the most plausible story.
How do I file a claim in Alberta?
For suing someone, you need to fill up a form named Update to Address for service form and send it to the Provincial Court Office. There, your Civil Claim is already being processed. Finally, you should give that copy to each of your other party’s addresses. And the procedure for suing someone has already been discussed here step by step.