Court Costs Awarded in Alberta Civil Claims — What You Can Recover

What "Costs" Actually Means in Alberta Court of Justice

Winning a civil claim in the Alberta Court of Justice does not automatically reimburse every dollar you spent pursuing it. "Costs" in this context refers to a specific, limited set of expenses the presiding Justice has discretion to award under Practice Note 3 — Costs in the Alberta Court of Justice Civil Division, effective August 1, 2023.

There are two categories: disbursements (out-of-pocket expenses directly tied to the court process) and tariff costs (a fixed scale meant to partially compensate for the time spent preparing and presenting a case). Neither category promises full recovery, and understanding what falls into each keeps expectations realistic before you file.

Recoverable Disbursements

Disbursements are the concrete costs you paid to move your claim through the system. If you win and the Justice awards costs, you can typically recover:

• Court filing fees — $100 for claims up to $7,500 or $200 for claims between $7,500.01 and $100,000
• Process server fees — the actual cost of having someone serve the defendant, governed by Treasury Board travel and mileage rates
• Corporate Registry (CORES) searches — $10 to $25 per search, used to verify the defendant's legal name
• Court registry search fees — $25 per name or per file number
• Document certification fees — $20 per certified document
• Witness allowances — $25 per day for lay witnesses or $50 per day for expert witnesses, plus reasonable travel and accommodation
• Mailing and courier costs — actual postage for registered mail service

Keep receipts for disbursements you claim. The court requires receipts for costs other than the Civil Claim filing fee, which is verifiable from the court record.

Costs That Are Not Automatically Reimbursed

Several expenses that feel like they should be recoverable are not automatically reimbursed; the Justice decides what costs to award:

Private legal fees beyond the tariff. If you hired a lawyer or paralegal, the tariff sets the maximum recovery for legal representation — it does not reimburse your actual legal bill. The difference between what your lawyer charged and what the tariff allows comes out of your pocket regardless of the outcome.

Your own time. Self-represented litigants cannot bill for the hours they spent drafting the claim, organizing evidence, or attending court. The tariff provides a modest fixed amount, not an hourly rate.

Private translation services. In civil claims, the court does not supply or fund interpreters. You must arrange and pay for a qualified interpreter yourself; Practice Note 3 does not list interpreter fees as a standard reimbursable expense.

Skip-tracing or investigation costs. Practice Note 3 does not list standalone skip-tracing or investigation fees among its recoverable disbursements. It does allow actual costs for necessary service activities and registry searches; the Justice decides what costs to award.

Expert report fees. Practice Note 3 allows the court to award an amount it fixes for an expert witness's report, trial preparation, and attendance at trial. Keep the invoice, and do not assume the full fee will be awarded.

The Tariff Scale Under Practice Note 3

Practice Note 3 sets a fixed scale for party-and-party costs based on the value of the claim. The tariff is not meant to make you whole — it is a partial contribution. The amounts vary by the stage the matter reached (settlement before trial, trial of half a day, full-day trial, multi-day trial) and by claim size.

For self-represented litigants, the tariff amount is typically lower than for represented parties. The Justice has discretion to adjust within the scale based on factors like the complexity of the issues, the conduct of the parties during litigation, and whether either side caused unnecessary delays or made unreasonable demands.

A few practical realities about the tariff:

• Costs are discretionary, not automatic. A Justice can award full tariff costs, reduced costs, no costs, or even costs against the winning party if that party's conduct was unreasonable.
• Costs awards in the Alberta Court of Justice are modest compared to the Court of King's Bench, where solicitor-client costs or full indemnity costs are possible.
• A written settlement offer can be relevant to the Justice's discretionary costs decision, but it does not automatically shift costs from the date of the offer.

How to Request Costs

You do not receive a costs award simply by winning. At the end of the hearing, after the Justice delivers the decision, both sides are given an opportunity to make submissions on costs. This is your chance to:

1. Present your disbursement receipts — filing fee receipts, process server invoices, CORES search printouts, registered mail tracking slips
2. Identify the applicable tariff band based on your claim amount and the stage the matter reached
3. Explain any conduct issues that justify a higher or lower award — for example, if the defendant refused a reasonable pre-trial settlement offer or failed to attend a mandatory pre-trial conference

Keep a running folder of every receipt from the moment you file. Scrambling to reconstruct expenses after a judgment is stressful and risks leaving money on the table.

Costs When You Lose

If the Justice dismisses your claim, the defendant can request costs against you. The same tariff scale and disbursement rules apply in reverse. This means a claimant who files a weak or frivolous claim risks paying the defendant's filing fees (if a counterclaim was filed), process service costs, and tariff costs.

This is worth weighing before you file, especially for claims near the margins of provability. Depending on the claim size and litigation steps, the tariff and allowable disbursements can reach thousands. Review the applicable tariff band and possible service costs before filing.

Costs in Default Judgments

When a defendant fails to file a Dispute Note and you obtain a default judgment, the Judicial Clerk calculates costs as part of the Certificate of Default Judgment (Form CTS2889). For liquidated debt claims with a fixed sum, the clerk adds allowable disbursements and statutory interest without requiring a hearing. This is one of the few situations where costs are calculated administratively rather than by judicial discretion.

Practical Tips for Maximizing Your Recovery

Use registered mail for service when possible. It costs less than a private process server, and the receipt is straightforward proof. If personal service is necessary (the defendant is evading), Practice Note 3 allows an award of the actual cost for necessary service activities, subject to the Justice's discretion. Keep an itemized invoice.

Do your CORES search early. The $10–$25 search fee is recoverable and prevents the far more expensive mistake of suing the wrong legal entity, which could result in dismissal with costs against you.

Keep originals of everything. Photocopies of receipts are fine for your evidence binder, but having the originals available at the hearing strengthens your submission.

Make a settlement offer in writing before trial. A reasonable written offer can be relevant to your costs submissions if the result is more favourable, but it does not guarantee full tariff costs from the date of the offer.

If you want the full procedural walkthrough — from demand letter through filing, service, evidence preparation, and the hearing — the Alberta Civil Claim Guide covers every step with the official forms, deadlines, and a costs tracking worksheet.

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