What are the steps in a civil litigation case?
Civil litigation is the legal process for resolving disputes between individuals, businesses, or governments that don’t involve criminal charges. These disputes often relate to contracts, property, estates, or employment matters.
Although every case is unique, civil lawsuits in British Columbia and Alberta, usually follows these steps:
- Starting a civil lawsuit – The plaintiff (the person bringing the claim) begins an “action” by filing a legal document.
In BC, this is a Notice of Civil Claim.
In Alberta, it is a Statement of Claim.
These commencement documents outline the facts of the dispute, the legal basis for the claim, and the remedy or outcome being sought. - Serving the legal documents – After filing, the plaintiff must serve the documents on the defendant (the person or business being sued, who must respond to the claim). Each province has specific rules for service:
a. In Alberta, the Statement of Claim must personally be served on the defendant or sent to them by recorded mail. Once service is complete, the plaintiff must also file an affidavit of service. This document records the who, what, when and where of service, and must be filed with the court. It serves as proof the defendant was properly notified so they cannot dispute having received notice of the lawsuit or argue that they were not given sufficient time to respond.
b. In BC, the Notice of Civil Claim must be personally served on the defendant or sent to them by registered mail. - Responding to a civil lawsuit – The defendant has a limited time to respond to the claim. If they do not file a response within the deadline, the case may proceed without them, and the court could grant the plaintiff the outcome they are seeking by default.
a. In BC, the defendant must file a Response to Civil Claim within 21 days after being served. If the defendant lives outside Canada, that deadline is extended.
b. In Alberta, the defendant must file a Statement of Defense within 20 days of being served. If the defendant lives outside of Alberta, that deadline is extended. Once the response has been filed, it must also be served on the plaintiff. - The discovery stage - After the initial filings, the next step is discovery. This is the information gathering stage. Both sides exchange relevant documents, and there may also be examinations for discovery (in BC) or questioning (in Alberta) - a formal process where one side’s lawyer asks the other party questions about their case and the evidence they’ve submitted.
This stage is important because it clarifies the key issues in dispute. It also helps both parties assess the strengths of their case and provides a foundation for settlement discussions. - Pre-Trial – Before trial, there are often requirements to make sure the process runs efficiently and that both parties are organized and prepared.
a. In BC, the parties usually attend a trial management conference before a judge to confirm they are ready for trial. At this conference, the judge may make orders about how the trial will run, including what facts or documents can be admitted, limits on witnesses, the expected length of the trial, and whether an adjournment is needed. The purpose is not to decide the case but to set the parties up for success once the trial begins.
b. In Alberta, judicial dispute resolution (JDR) or mediation is strongly encouraged and often occurs before trial. It is not always a mandatory step — a Justice may determine whether a JDR would be helpful based on how close the parties are to reaching a settlement. If the parties appear likely to resolve their issues, the Justice may encourage a JDR. There is also a binding JDR option, where the Justice hears the matter and issues a binding decision. - Trial – If the matter cannot be resolved, the case goes to trial. At trial, a judge (or sometimes a jury) hears evidence from both parties and then makes a decision.
- The decision - Once the trial is complete, the judge issues a written decision, usually in the form of an order or judgment. Depending on the court’s schedule and the complexity of the case, it may take several months to receive a decision.
Every case is unique, so the steps involved may be slightly different. Importantly, parties can settle at any stage in the process if they reach an agreement.
If you have questions about a civil claim, reach out to us today for a free 20-minute consultation. We’re here to explain your options and guide you through every step of the process.
This FAQ was prepared by Vancouver Civil and Estate Litigation Lawyer, Jiya Dassan, and Calgary Articling Student Neema Khalili.
