What is civil litigation and how does it work in Alberta and BC?
Civil litigation is the court process used to resolve disputes that are not criminal in nature, such as contracts, property, or personal injury claims. While the terminology and rules differ slightly between provinces, the process in BC and Alberta follows similar steps.
British Columbia
Civil litigation in BC is governed by the Supreme Court Civil Rules when a case is heard in supreme court. The process generally includes:
- Starting the claim - The plaintiff files and personally serves a Notice of Civil Claim on the defendant.
- Responding - The defendant has 21 days (if they live in BC) to file a Response to Civil Claim.
- Discovery – Both sides prepare a list of documents, exchange relevant materials, and may hold examinations for discovery where each party is questioned under oath.
- Pre-trial - Parties attend a trial management conference in front of a judge to ensure the case is ready for trial. Settlement efforts, such as formal offers or mediation, can also take place at this stage.
- Trial – If no settlement is reached, the case goes to trial. Each side presents their evidence and arguments, and the judge delivers a decision (sometimes reserved for a later date), which is usually formalized into a written order or judgment.
- Appeal - A party who disagrees with the outcome can appeal to the court of appeal within 30 days of the decision.
Alberta
Civil litigation in Alberta is governed by the Rules of Court. The process generally includes:
- Starting the claim – The plaintiff files and serves a Statement of Claim on the defendant.
- Responding - The defendant has 20 days (if they are located in Alberta) to file a Statement of Defence.
- Discovery – The parties then move towards the discovery process where they are required to prepare an Affidavit of Record and exchange all relevant materials. The parties can go through a questioning process where each party may question the other under oath together information.
- Pre-Trial - A pre-trial conference is held with a judge to organize timelines and logistics and ensure the parties are prepared for trial. During this time, the parties may also attempt to settle through formal offers or mediation.
- Trial – If settlement is not reached, the case proceeds to trial. Each side presents their evidence and arguments, and the judge issues a decision (sometimes reserved for later), which is formalized into a written order or judgment.
- Appeal – A party who disagrees with the outcome can appeal to the court of appeal within one month.
This FAQ was prepared by Vancouver Civil and Estate Litigation Lawyer, Jiya Dassan, and Calgary Articling Student Neema Khalili.
