Alberta Civil Claim Response Options: Four Ways to Answer a Dispute Note

The Four Tracks

When you file a Dispute Note in the Alberta Court of Justice, you aren't limited to a simple "I disagree." The form gives you four distinct response options, and you can combine them depending on your situation.

1. Dispute the Claim (Full or Partial)

This is the most common response. You're telling the court that some or all of what the plaintiff alleges is wrong — the facts are inaccurate, the amount is inflated, or you don't owe what they claim.

In the Dispute Note, you lay out your version of events: what actually happened, why the plaintiff's characterization is incorrect, and what facts support your position. You don't need legal jargon. Write in plain language. But be specific — "I disagree with the claim" isn't enough. State what you disagree with and why.

A partial dispute is also valid. You might agree you owe something but contest the amount — for example, admitting that renovation work was done but disputing the final invoice because it includes charges for work that was never completed.

Filing fee: $50

2. Admit the Claim (Full or Partial)

If you agree that you owe the money — all of it or some of it — you can record that admission directly in the Dispute Note. A full admission accepts the entire claim. A partial admission accepts a specific portion while disputing the rest.

Admitting part of a claim can be strategically sensible. If you clearly owe $3,000 of a $7,000 claim, admitting the undisputed portion narrows the trial to the remaining $4,000 and shows the court you're acting in good faith.

Once both parties agree on the admitted amount, they can sign a Consent Judgment that a Justice endorses. This closes that portion of the claim without a trial.

Filing fee: $50

3. Admit and Request Time to Pay

You agree you owe the money but can't pay it all at once. This option lets you propose an instalment plan — a specific amount per month over a defined period.

The Dispute Note lets you request time or instalment terms, but it does not guarantee that your proposed schedule will be accepted. If the plaintiff rejects your offer, the case continues through the resolution track assigned by the court.

Be realistic with your proposal. A credible plan that shows you've thought about your income and expenses is more likely to be accepted than an unrealistically low offer.

Filing fee: $50

4. Dispute Note with Counterclaim

This is for situations where the plaintiff actually owes you money from the same transaction. The contractor who sued you for the balance of an invoice — but the work was defective and you had to pay someone else to fix it. The car buyer who sued over alleged defects — but they still owe you the agreed purchase price.

A counterclaim is an independent claim that gets heard alongside the original claim. The filing fee depends on the counterclaim amount:

• $100 for counterclaims up to $7,500
• $150 for counterclaims over $7,500 (up to the $100,000 Court of Justice limit)

If your counterclaim exceeds $100,000, you have two options: abandon the portion over $100,000 to stay in the Court of Justice, or apply to transfer the entire action to the Court of King's Bench.

When you file a counterclaim against the plaintiff alone, the plaintiff does not have to file a Dispute Note to Counterclaim, but may choose to do so. If you add a new party as a Defendant by Counterclaim, that party must file a Dispute Note to Counterclaim ($50) within 20 days if served in Alberta or 30 days if served outside Alberta.

The Biggest Mistake to Avoid

Writing counterclaim language in the text box of a standard Dispute Note — without checking the counterclaim box and paying the counterclaim fee — is one of the most common filing errors. The clerk processes what you've submitted. If you didn't formally elect the counterclaim option and pay the corresponding fee, your counter-demand gets treated as part of your defence, not as an independent claim. You lose the right to recover that money unless you amend later.

If the plaintiff owes you money and you want to recover it, make sure you select the counterclaim option on the form and pay the correct fee.

Combining Options

You can mix options on one Dispute Note. Dispute some allegations, admit others, and file a counterclaim — all in the same document. The key is being clear about which portions of the claim you're disputing, which you're admitting, and what your counterclaim covers.

Choosing the Right Response

Your choice depends on the facts, not on strategy games. If the claim is genuinely wrong, dispute it. If you owe the money, admitting it and proposing reasonable terms will cost you less in time and court fees than fighting a claim you can't win.

The Alberta Civil Claim Response Guide walks through each option with the exact language to use in the Dispute Note, how to structure your response for each track, and a decision flowchart that matches your situation to the right combination of options.

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