Alberta Small Claims Court Appeal: How to Appeal to the Court of King's Bench

An Appeal Is Not a Do-Over

If the Justice's decision after a Trial or Simplified Trial in the Alberta Court of Justice went against you, an appeal to the Court of King's Bench is available — but it is narrower than most people expect. The appeal is heard on the record from the Court of Justice for legal or factual errors. It does not let you re-argue your case from scratch. If you want to introduce new evidence, ask the Court of King's Bench about the process before relying on it.

Before committing to an appeal, ask yourself honestly: did the Justice get the law or the facts wrong, or did you simply not like the outcome? Appeals that amount to "I disagree with the decision" rarely succeed.

Two important exceptions — these cannot be appealed:

• Binding Judicial Dispute Resolution (JDR) decisions — both sides consented to a binding process, and the trade-off was giving up the right to appeal
• Default judgments — these must be challenged by filing an Application to Set Aside Default Judgment in the Court of Justice, not by appealing

The Deadlines Are Unforgiving

The appeal timeline runs from the date judgment was given, and every milestone is mandatory:

Within 30 calendar days of judgment:

1. Complete and file a Notice of Appeal (Form CTS3338) at the Court of Justice registry where judgment was rendered
2. Order and pay for the official trial transcript through Transcript Management Services — keep the payment receipt
3. Serve copies of the Notice of Appeal on all other parties by personal service or registered mail

Within 37 calendar days of judgment:

4. File the Notice of Appeal, transcript payment receipt, and a sworn Affidavit of Service at the Court of King's Bench registry in the same judicial district

Within 3 months of filing the Notice of Appeal in King's Bench:

5. File the complete official trial transcript at the Court of King's Bench
6. Serve copies of the transcript on all other parties
7. File an Affidavit of Service proving transcript delivery

If you do not file the transcript within three months, the appeal will be dismissed. Missing an earlier step can also put your appeal at risk, so act promptly to order the transcript and arrange service.

Transcript Costs

The official trial transcript is prepared by a court reporter or transcription service through Transcript Management Services. Costs depend on the length of the trial — a half-day hearing might produce 50 to 100 pages of transcript, and rates are set per page. Budget several hundred dollars for a typical transcript.

This cost is on top of the $300 Court of King's Bench filing fee. An appeal is a materially more expensive process than the original trial.

What Happens at the Appeal Hearing

The Court of King's Bench Justice reviews the trial transcript and the exhibits. Both sides submit written arguments (a "factum" or written brief) explaining why the original decision should be upheld or overturned.

The appeal Justice can:

• Dismiss the appeal and uphold the original decision
• Allow the appeal and substitute a different judgment
• Order a new trial in the Court of Justice if the procedural errors were severe enough that the original hearing was fundamentally unfair

Costs of the appeal may be awarded to the successful party.

Should You Appeal?

Consider these factors before filing:

• Strength of the error: Did the Justice misapply a statute (e.g., wrong limitation period, incorrect fee calculation) or ignore evidence that was properly before them? Legal errors are the strongest grounds.
• Cost vs. recovery: If your original claim was for $3,000 and the appeal will cost $1,500 in transcript fees, filing fees, and time, the economics may not justify it.
• Time: Appeals take months. If you need closure, the appeal process extends the dispute significantly.
• Duty counsel or a clinic consultation: Before filing, get a second opinion from free legal help — duty counsel at the courthouse or a legal clinic can assess whether your grounds for appeal are realistic.

The Full Alberta Civil Claim Process

Appeals are rare. Most civil claims in the Court of Justice resolve at the hearing or through earlier settlement. Our Alberta Civil Claim Guide covers the entire process from pre-filing checks through the hearing and judgment enforcement — with deadline tracking and form-by-form instructions designed to get it right the first time.

See more Alberta guides →