Alberta Small Claims Court Limit: How Much You Can Sue For in 2026

The monetary limit for the Alberta Court of Justice (Civil Division) is $100,000. This increase took effect on August 1, 2023, doubling the previous limit of $50,000. It means that most straightforward civil disputes — unpaid invoices, contractor deposits, property damage, security deposits — can be resolved in the lower court without the expense and complexity of the Court of King's Bench.

If you are reading older articles that cite a $50,000 limit, they are out of date.

How the Increase Happened

Bill 5 (Justice Statutes Amendment Act, 2022 (No. 2)) amended Section 9(1)(i) of the Court of Justice Act to allow the Lieutenant Governor in Council to set the limit up to a maximum cap of $200,000. The Court of Justice Civil Procedure Amendment Regulation (Alta Reg 86/2023) then set the working limit at $100,000, effective August 1, 2023.

The $200,000 legislative cap means the government can raise the limit again in the future without passing a new law. For now, $100,000 is the operative figure.

What If Your Claim Exceeds $100,000

You have two options:

Abandon the excess. You can file in the Court of Justice and formally state in your Civil Claim (Form CTS1461) that you are limiting your recovery to $100,000 plus statutory interest and costs. The amount above $100,000 is gone permanently — you cannot file a second claim for the remainder.

File in the Court of King's Bench. If the full amount matters, you can bring the claim in Alberta's superior court, which has no monetary cap. The trade-off is higher filing fees and more complex rules, including formal discovery and examinations for discovery.

For most people representing themselves, the Court of Justice is the better option unless the amount above $100,000 is significant enough to justify the added complexity.

You Cannot Split the Claim

Alberta law prohibits splitting a single cause of action into multiple smaller claims to stay within the $100,000 limit. If you are owed $120,000 from one breach of contract, you cannot file a $70,000 claim and a separate $50,000 claim. The court can strike the later action or consolidate the proceedings.

This rule applies to claims arising from the same facts. Genuinely separate disputes (an unpaid invoice from January and an unrelated one from September) can be filed as separate claims.

The Limit Applies to the Claim, Not the Judgment

The $100,000 ceiling applies to what you claim, not what the Justice awards. If you claim $100,000 and the Justice awards $85,000, that is within jurisdiction. Prejudgment interest and costs are added on top of the judgment amount and do not count against the $100,000 limit.

Counterclaims Follow the Same Limit

If the defendant files a Counterclaim against you, the same $100,000 limit applies to their claim. A Dispute Note with a Counterclaim costs $100 for a counterclaim valued at $7,500 or less, or $150 for a counterclaim valued over $7,500.

The Alberta Civil Claim Guide walks through how to calculate whether your claim fits the limit and how to structure the abandonment language if it does not.

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