Suing a Contractor in Alberta: Small Claims Court Process

When a Contractor Takes the Money and Disappears

The pattern is depressingly common: you paid a deposit for a renovation, deck, or roof repair. The contractor did partial work — or none at all — and stopped returning your calls. Maybe the finished product is so far below what was promised that you need someone else to redo it entirely. Either way, you are out thousands of dollars and wondering whether it is worth going to court.

In Alberta, you can sue a contractor in the Court of Justice, Civil Division for claims up to $100,000. The process is designed for people without lawyers, and the filing fee is $100 or $200 depending on the claim amount. Compared to what a contractor owes you, the cost of filing is negligible.

Step One: Identify the Correct Legal Entity

This is where most contractor claims go wrong before they even start. You cannot sue "Mike's Renovations" if that is just a trade name — you need to sue the person or corporation behind it.

If the contractor is a sole proprietor, run a Trade Name Search through an Alberta Registry Agent. The search reveals the individual behind the trade name. Your Civil Claim names "Michael Smith operating as Mike's Renovations."

If the contractor is incorporated, order a Corporate Registry (CORES) search. This gives you the exact legal corporate name (e.g., "1234567 Alberta Ltd." or "Smith Contracting Inc."), the registered office address for service, and the names of active directors. You sue the corporation by its exact registered name.

Suing the wrong entity means your judgment — even if you win — may be unenforceable. The $10 to $25 registry search fee is a recoverable disbursement if you win.

Step Two: Send a Demand Letter

A demand letter is not legally required, but it accomplishes two things: it sometimes triggers payment without court, and it shows the Justice you acted reasonably before filing.

Include:

• Your name and the contractor's legal name
• A summary of what was agreed (quote, contract, text messages) and what went wrong
• An itemized calculation of what you are owed — deposit minus any value of partial work, cost of completing the job with another contractor, or cost of fixing defective work
• A deadline to pay (10 to 14 days is standard)
• A statement that you will file a Civil Claim if the deadline passes

Send it by registered mail or trackable courier so you have proof of delivery.

Step Three: File the Civil Claim

Complete Form CTS1461 and file it at any Alberta Court of Justice courthouse. The filing fee is $100 for claims up to $7,500 and $200 for claims between $7,500.01 and $100,000.

In the claim narrative, state the facts simply:

• When you hired the contractor and what was agreed
• What deposit you paid and by what method
• What work was or was not completed
• What it cost (or will cost) to have the job finished or repaired by someone else
• The total amount you are claiming

Attach nothing to the filed claim — evidence comes later in the Trial Statement phase. Just state what happened and what you want.

Step Four: Serve the Contractor

You must serve the filed, stamped Civil Claim on the defendant. For an individual, service may be made personally, at their usual residence with a resident who appears to be at least 16, or by recorded mail signed by the defendant or someone on their behalf. For a corporation, use the approved method for its type, such as service at its registered office, on a director or qualifying manager, or on its Alberta attorney for service if it is extra-provincial.

If the contractor is actively avoiding service, apply for a substitutional service order — the court can authorize service by email, posting to a door, or delivery to a household member. See our guide to substitutional service for the full process.

What Evidence Wins Contractor Cases

The strongest contractor claims are built on paper trails:

• The original quote, contract, or written agreement — even a text message confirming scope and price
• Proof of payment — bank transfer records, e-transfers, cancelled cheques, credit card statements
• Photos and videos — before, during, and after the work (with dates from metadata or a newspaper in the frame)
• Communication records — texts, emails, or voicemails showing the contractor acknowledged the problem, promised to return, or went silent
• Repair estimates from other contractors — at least two independent quotes showing what it costs to finish or fix the work
• Building inspector reports — if the work violates code

Organize everything chronologically in a binder with numbered tabs. This becomes your exhibit index for the Trial Statement (Form CTS11447).

The Complete Alberta Civil Claim Process

Suing a contractor follows the same procedural steps as any civil claim — demand letter, filing, service, Dispute Note response, pre-trial conference, and hearing. Our Alberta Civil Claim Guide covers every stage with deadline tracking and form-by-form instructions, including evidence preparation checklists designed for exactly these disputes.

See more Alberta guides →