Provincial Court Procedures

This court can deal with claims up to $25,000, and any amount over that must be either abandoned or taken to the Court of Queen’s Bench. The cost of commencing an action in this court is $100.00 for claims up to $7500, and $200 for claims over that amount, and all documents necessary can be obtained from the clerk of the Provincial Court. Additionally, any judgment issued in this court and filed with the Court of Queen’s Bench, becomes enforceable with Queen’s Bench procedures.

The Statement of Particulars required by this court is simpler than the Statement of Claim required by the Court of Queen’s Bench.  There is no time limit for service of a Civil Claims document and it may be served on any one living with the defendant and over the age of 16 years.

In Alberta, the defendant must file a Dispute Note within 20 days of the date of service. If one is not filed within that period, a judgment by default may be obtained by filing proof of service of the claim.

The clerk will set down  the matter for mediation or for a pre-trial conference, usually in a period of six months. If the matter has not been settled through mediation or as a result of the pre-trial conference, then the clerk upon request will set down a date for trial, and the matter is then adjudicated.

The court can award cash and pre-judgment interest.

A person may be represented by an agent in Provincial Court.