What types of court are there in Alberta and BC, and what cases do they deal with?
British Columbia
In British Columbia, there are three main levels of court:
Provincial Court (also referred to as Small Claims Court) – B.C.
Most court cases in British Columbia are heard in provincial court, which deals with disputes where the value of the property or amount in dispute is between $5,001 and $35,000. In addition to civil law matters, this court also hears family and child protection matters, adult and youth criminal matters, and traffic and bylaw offences. Because it handles simpler disputes, the provincial court is generally quicker than the supreme court, and many people appear without a lawyer.
Supreme Court – B.C.
The Supreme Court of British Columbia hears cases where the amount in dispute is over $35,000. It can hear almost any type of case, including both civil and criminal trials, and hears some appeals from provincial court. Because the supreme court is more formal and complex than provincial court, most people require legal assistance, and it is common to have a lawyer represent you when appearing in this court.
Court of Appeal – B.C.
The court of appeal is the highest court in British Columbia. It hears appeals from lower courts, and cases are usually decided by a panel of three judges, with decisions made by majority. The court sits regularly at the law courts in Vancouver and Victoria, and from time-to-time in Kamloops, Kelowna, and Prince George.
Alberta
In Alberta, there are also three main levels of court:
Court of Justice - Alberta
The court of justice hears most criminal and civil cases. All criminal matters begin here. It also handles most civil claims under $100,000, including landlord and tenant disputes. In addition, this court hears most of the family law and child welfare cases, as well as most traffic and bylaw offences.
Court of King’s Bench – Alberta
The court of king’s bench hears more complex civil cases, including commercial disputes, personal injury claims, bankruptcy and insolvency matters, and litigation involving wills, estates, and dependent adults. It also hears appeals from the court of justice in civil cases under $100,000. This court has exclusive jurisdiction over divorce and the division of property, and deals with child and spousal support, custody, and access. The court of king’s bench generally hears the most serious criminal offences as well.
Court of Appeal – Alberta
The court of appeal is Alberta’s highest court. It hears appeals from the court of king’s bench and certain criminal appeals from the court of justice. The judges review the record to determine whether errors of law or fact were made in the original decision.
This FAQ was prepared by Vancouver Civil and Estate Litigation Lawyer, Jiya Dassan, and Calgary Articling Student Neema Khalili.
