How to File a Civil Claim in Alberta Court of Justice (2026 Guide)

Alberta's Court of Justice — what most people still call "small claims court" — handles civil disputes up to $100,000. The process is designed to be accessible without a lawyer, with simpler rules than the Court of King's Bench and a triage system that tries to resolve your dispute as efficiently as possible.

But accessible doesn't mean simple. There are forms to fill out, deadlines to hit, and procedures to follow. This guide walks you through the entire process.

Important disclaimer: This article is for general informational purposes only and does not constitute legal advice. Alberta court rules can be complex, and errors in procedure can have consequences for your case. For advice specific to your situation, consult a licensed lawyer.

Alberta Court of Justice vs. Court of King's Bench

Alberta has two trial courts that hear civil matters:

| Court | Claim limit | Complexity | Lawyers | |-------|------------|------------|---------| | Court of Justice | Up to $100,000 | Simpler rules, designed for self-reps | Optional | | Court of King's Bench | No limit | Full civil procedure, discovery, expert reports | Strongly recommended |

The $100,000 limit was doubled from $50,000 in August 2023. If your claim exceeds $100,000, you can either abandon the excess and file in the Court of Justice, or file in the Court of King's Bench for the full amount.

The Court of Justice is generally faster and less expensive, but it has limitations — there's no automatic right to examine the other party under oath before trial, and expert reports follow a simplified process.

What Can You Sue For?

The Court of Justice handles most civil monetary disputes, including:

Breach of contract — broken agreements, unpaid invoices, deposits not returned
Debt — money loaned and not repaid
Property damage — damage to your vehicle, home, or belongings
Personal injury — injuries from accidents or negligence (up to $100,000)
Wrongful dismissal — employment disputes
Consumer disputes — defective products or services

The Court of Justice cannot handle family law matters, residential tenancy disputes (those go to the RTDRS), or matters that exceed its monetary jurisdiction.

Step 1: Send a Demand Letter First

Before filing, send the other party a clear written demand. This isn't legally required, but courts expect that you've made a reasonable effort to resolve the dispute before coming to them. A good demand letter states what you're owed, the factual basis for the claim, and a deadline to pay (typically 10 to 14 days).

Keep a copy — it becomes evidence if you go to court.

Step 2: Prepare Your Civil Claim Form

The Civil Claim form starts your lawsuit. You can find the current version on the Alberta Courts website (albertacourts.ca/cj/resources/forms). The form requires:

Your full name and address (the plaintiff)
The defendant's full legal name and address
A clear description of your claim — what happened, when, and why you're owed money
The dollar amount you're claiming

Naming the defendant correctly is critical. If you're suing a person, use their full legal name. If you're suing a corporation, search the Alberta Corporate Registry for the exact legal name. Getting this wrong can cause serious problems later.

Step 3: File and Pay the Fee

File your completed Civil Claim at any Court of Justice location in Alberta. Filing fees are:

| Claim amount | Filing fee | |-------------|-----------| | Up to $7,500 | $100 | | $7,501 to $100,000 | $200 |

If you cannot afford the filing fee, you can apply to have it waived by providing financial documentation.

Step 4: Serve the Defendant

After filing, you must serve the defendant with a copy of the Civil Claim. You have one year from the filing date to serve the defendant.

For an individual, service can be done by:

Personal service — handing a copy directly to the defendant
Leaving it with someone who appears to be at least 18 at the defendant's residence, then mailing a copy to the same address
Registered mail — in some circumstances

For a corporation, you can serve at the registered office address listed in the Alberta Corporate Registry, or by serving an individual who appears to have management responsibilities at the corporation's place of business.

You cannot serve the defendant yourself. Have someone else do it — a friend, family member, or professional process server. The person who serves the defendant must then complete an Affidavit of Service and file it with the court.

Step 5: Wait for the Dispute Note

The defendant has 20 days from service (if served in Alberta) or 30 days (if served outside Alberta) to file a Dispute Note. The Dispute Note is their response to your claim and may include a counterclaim against you.

If the defendant does not file a Dispute Note within the deadline, you can apply for default judgment — a court order in your favour without a hearing.

Step 6: The Triage Process

Once both the Civil Claim and Dispute Note are filed, the Court of Justice uses a triage process to decide how to move your case forward. Your matter may be directed to one or more of:

Mediation — A neutral mediator helps both parties try to reach a settlement. Mediation is informal, usually held in a boardroom, and typically lasts two to three hours. Many cases settle at this stage. If you're scheduled for mediation, attendance is mandatory.

Pre-trial conference — If mediation doesn't resolve the dispute, a justice conducts a pre-trial conference. The justice will assess the case, identify the key issues, discuss settlement, determine how many witnesses each party plans to call, set deadlines for evidence disclosure, and schedule a trial date. The justice at the pre-trial conference will not be the same justice who hears the trial.

Binding judicial dispute resolution (JDR) — Both parties can agree to have a justice make a binding decision on the case in a streamlined process, which is faster than going to a full trial.

Step 7: Trial

If your case doesn't settle, it goes to trial. Court of Justice trials are less formal than King's Bench, but you still need to present your case properly.

At trial, the plaintiff presents evidence first, followed by the defendant. Both sides can question each other's witnesses. The justice makes a decision, usually at the end of the hearing or shortly after.

What to bring:

All contracts, invoices, receipts, and written agreements
All correspondence — emails, texts, letters
Photos or videos relevant to your claim
A chronological summary of events
Any witnesses who can support your version of events

Key Deadlines

| Action | Deadline | |--------|----------| | Limitation period | 2 years from when you discovered the claim (under the Limitations Act) | | Serve the defendant | Within 1 year of filing | | Defendant's Dispute Note | 20 days (in Alberta) or 30 days (outside Alberta) after service |

The two-year limitation period is strict. If you miss it, your claim will almost certainly be dismissed regardless of its merits.

Common Mistakes to Avoid

1. Missing the limitation period. You have two years from when you knew or should have known about the claim. Don't sit on it.

2. Naming the wrong defendant. A trade name is not a legal name. Check the Alberta Corporate Registry if you're suing a business.

3. Failing to serve properly. Improper service means the court can't proceed against the defendant. Follow the rules exactly.

4. Skipping the demand letter. Judges expect you to have tried to resolve the dispute before filing. A demand letter shows good faith.

5. Coming to mediation or pre-trial unprepared. Bring all your documents organized and know your case cold. First impressions matter.

How ProSe Helps

ProSe generates court-ready documents for the Alberta Court of Justice through a plain-language questionnaire. Describe your situation, and ProSe prepares a properly formatted Civil Claim, Dispute Note, demand letter, or affidavit — formatted to Alberta's court requirements.

No legal jargon. No blank forms to figure out.

Start for free at BeProSe.ca — your first three documents cost nothing.

Resources

Alberta Court of Justice — Civil (albertacourts.ca/cj/areas-of-law/civil) — official forms, guides, and court locations
Alberta Courts — Filing a Civil Claim (albertacourts.ca/cj/areas-of-law/civil/claims/filing) — step-by-step filing guide
Resolution and Court Administration Services (alberta.ca/rcas) — court services and locations
Student Legal Services of Edmonton (slsedmonton.com) — free legal advice for qualifying individuals
Calgary Legal Guidance (clg.ab.ca) — free legal clinics in Calgary
Law Society of Alberta Lawyer Referral (lawsociety.ab.ca) — find a lawyer for a consultation

Last reviewed: April 2026. This article references Alberta statutes, regulations, and court procedures current as of April 2026. Filing fees and claim limits are subject to change; verify with the court office before filing.