How to Sue Someone in Alberta: Filing a Civil Claim Step by Step

Suing someone in Alberta is not as complicated as it sounds. If you are owed money — an unpaid invoice, a contractor deposit, a security deposit your landlord kept — the Alberta Court of Justice handles civil claims up to $100,000, and the process is built for people without lawyers.

Here is the step-by-step sequence.

Step 1: Confirm You Have a Valid Claim

Before anything else, check three things. First, does the Alberta Court of Justice have jurisdiction? The court handles money disputes up to $100,000 but cannot deal with land title disputes, defamation, wills, or equitable remedies. Those go to the Court of King's Bench.

Second, are you within the time limit? Under the Limitations Act, the basic period is two years from when you knew, or reasonably ought to have known, that the loss occurred, was attributable to the defendant, and warranted a remedy. A 10-year ultimate limit also applies from when the claim arose.

Third, is the amount worth pursuing? Court filing fees are $100 or $200 depending on the claim size. You also need to factor in the cost of a Corporate Registry search if you are suing a business ($10-$25), process server fees if you hire one, and your time.

Step 2: Send a Demand Letter

A demand letter is not legally required, but it strengthens your position. Send a written demand to the person who owes you, specifying the amount, the reason, and a deadline to pay (10 to 14 days is typical). Use registered mail so you have proof they received it.

If they pay, you are done. If they ignore it, the letter becomes evidence that you gave them a fair chance before going to court.

Step 3: Identify the Correct Defendant

This is where many self-represented claimants trip up. You need to sue the right legal entity.

If the defendant is an individual, use their full legal name. If you are suing a sole proprietor, name the person and the business name (e.g., "John Smith operating as Smith Plumbing"). If it is a corporation, you need the exact incorporated name — run a Corporate Registry (CORES) search to confirm it.

Suing the wrong name can make your judgment unenforceable, even if you win.

Step 4: File the Civil Claim

Complete Form CTS1461 (Civil Claim), take it to the court registry, and pay the filing fee. The clerk stamps it with a Court File Number, and your claim is officially on the record.

The registry closest to where the dispute happened or where the defendant lives is usually the right place to file.

Step 5: Serve the Defendant

Within one year after filing, you must serve the Civil Claim and a blank Dispute Note on the defendant. You can serve an individual directly or leave the documents at their most usual residence with a resident there who appears to be 16 or older. For a corporation, serve its registered office or a director. Recorded mail is also available; the defendant or someone signing on their behalf may acknowledge receipt. After serving, file an Affidavit of Service (Form CTS11420) with the court.

Step 6: Wait for the Response

If served within Alberta, the defendant has 20 calendar days, counted from the day after service, to file a Dispute Note. If served elsewhere in Canada, they have one calendar month; if served outside Canada, two calendar months. If they do nothing, you can apply for default judgment.

If they do file a Dispute Note, the case moves to a dispute resolution track. This usually starts with a Pre-Trial Conference, where a Justice or Judicial Dispute Resolution officer helps narrow the issues and explore settlement. If that fails, the case goes to trial.

Step 7: Prepare for Trial

Before trial, both sides must file a Trial Statement (Form CTS11447) listing their facts, witnesses, and an indexed set of all evidence. Organise everything chronologically — contracts, invoices, receipts, photos, text messages.

At trial, you present your case under oath, introduce your documents, and cross-examine the other side. The Justice makes a decision, and if you win, a judgment is entered for the amount owed plus interest and costs.

Step 8: Collect the Money

A judgment is a court order, not a cheque. If the other side does not pay voluntarily, you need enforcement tools — garnishing their wages or bank account, or seizing their assets.

The Alberta Civil Claim Guide covers the entire process from demand letter through to judgment, with every form, deadline, and checklist in one document.

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