Alberta Doubles Civil Claims Court Case Limit to $100,000
The Alberta government has raised the small claims court limit, known as civil claims court, for the first time in nearly a decade from $50,000 to $100,000.
In an April 5 announcement, the government said increasing the civil claims limit will save Albertans “time and money on legal costs.”
The change means “more Albertans will be able to file claims in the Alberta Court of Justice,” said the announcement. According to the government, the civil court “utilizes simplified and cost-effective procedures, making it an attractive option compared to other courts.”
“The government’s decision to increase the civil claims limit for the Alberta Court of Justice will give more people the option to resolve disputes quickly and efficiently,” Justice Minister Tyler Shandro said in a news release.
“This is particularly beneficial for businesses, as timely dispute resolution enables them to focus their resources on their core operations and drive growth. We recognize the importance of providing businesses and individuals with a justice system that is both accessible and efficient, and this measure is a step towards achieving that goal.”
The province has 72 court locations across the province.
Self-Represented Litigants
The Civil Division of the Alberta Court of Justice is a consumer-friendly, simple, and affordable way to resolve private types of disputes, including landlord and tenant matters, according to the court.
Filing a legal action in the court does not require a lawyer, but a lawyer or agent can be hired to represent claimants if they wish, at their own expense. The civil court is set up for cases where one party decides to sue another party. If the claim exceeds the limit, it must be filed in the Court of King’s Bench.
If the claim is up to and including $7,500, the claim incurs a filing fee of $100. Claims over $7,500 and up to $50,000 cost $200 to file. The party defending the claim must pay $75 to $125 to file a dispute note and counterclaim, depending on the value of the legal action.
A party who only files a dispute note, defending against the claim without a counterclaim, is charged $25.
In the news release, Alberta Chambers of Commerce president Shauna Feth said the increase from $50,000 to $100,000 “will help level the playing field for small and medium-sized enterprises, which will be able to seek justice through more cost-effective means.”
The increase officially takes effect on Aug. 1 and was made possible by changes the province made to the Justice Statutes Amendment Act in the fall of 2022. The last time the claims limit was increased was in 2014, when it went from $25,000 to $50,000.
The province said it chose the $100,000 limit after surveying all of Alberta’s three courts, the Law Society of Alberta, the Alberta Branch of the Canadian Bar Association, Alberta Civil Trial Lawyers, and Legal Aid.
