Litigation

Question 1

What are the different levels of courts in Alberta

Answer 1

Provincial Court of Alberta
Superior Court of Alberta (Queens Bench)
Court of Appeal
Supreme Court of Canada

Question 2

5 Divisions of the Provincial Court

Answer 2

Criminal
-all first appearances 
-Less serious offenses are tried
Youth
-12y/o -17y/o
-murder to ctrain tickets
Family
-Child Support
Civil
-Small Claims up to $50,000
Traffic
-Traffic and Municipal offense

Question 3

Highest court of appeal in Canada

Answer 3

Supreme Court of Canada

Question 4

Advantages and Disadvantages of Litigation

Answer 4

• Advantages
Advantages
1. Adversarial – No need for permission to get started
2. Sets precedent – Gives predictability through prior cases through fact & law
3. Final decision – Judge

Disadvantages

1. Slow - Timely
2. Expensive – Cost a lot of money
3. Cost – time; production; morale; reputation; relationship
4. Public – loss of privacy
   - Everything you say is part of the public record
   - Documents filed – people can pay a fee and have access of those files

Question 5

Limitation period and why do we have them? What is the limitation period in Alberta?

Answer 5

Time periods specified by legislation for commencing legal action.
Limitation period in Alberta - 2 Years
Ultimate limitation period - 10 Years

Question 6

What is Statement of Claim? What would be the usual “reply” to a statement of claim?

Answer 6

statement of claim is the document “by which a plaintiff commences his action”

Statement of Defense is the reply

Question 7

What are Cost? Why are costs usually awarded and what discretion does the judge have with the amount of cost awarded?

Answer 7

the amount of money loser pays to the winner
o They use the court when its necessary
o If the loser doesn’t like the judges decision, they can appeal.
o Rules of courts
o Party / party costs %

Question 8

When do you have the right to appeal? When do you not have the right to appeal?

Answer 8

Right to appeal when disputing the judge’s understanding and application of the law.

Not right to appeal when disputing conclusions to what events transpired between the parties