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When a dispute becomes a legal problem, we can help.

Civil disputes can involve unpaid money, broken agreements, property, construction projects, businesses, landlords and tenants, or simply two parties who cannot resolve a disagreement.

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At Stonetree Law, we help individuals and businesses understand their options, assess the practical risks and costs of litigation, and develop a strategy for resolving the dispute.

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Sometimes that means negotiating a solution. Sometimes it means going to court.

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We Can Help With

• Contract disputes

• Debt collection and unpaid accounts

• Landlord and tenant disputes

• Construction disputes

• Construction liens and builders' lien matters

• Business and commercial disputes

• Property disputes

• Negligence and property damage claims

• Civil fraud and misrepresentation claims

• Alberta Court of Justice civil claims

• Court of King's Bench litigation

• Judgment enforcement and collection

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A Practical Approach to Litigation

Going to court should rarely be the first objective. The objective is to solve the problem.

We start by looking at:

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• what happened;

• what evidence is available;

• what the dispute is worth;

• what the other side is likely to do; and

• what it may cost to pursue the matter.

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From there, we can help you determine whether the best approach is negotiation, mediation, another dispute-resolution process, or litigation.

If court proceedings are necessary, we can represent you throughout the process.

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Frequently Asked Questions

How long do I have to start a lawsuit?

 

For many civil claims in Alberta, the general limitation period is two years from when you knew, or reasonably ought to have known, that you had a claim that warranted starting a proceeding.

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There is also generally an ultimate limitation period of ten years from when the claim arose.

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Limitation periods can be complicated. Different legislation, acknowledgements of liability, part payments, and the circumstances in which a claim was discovered can affect the deadline.

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If you think you may have a claim, it is better to obtain advice early rather than wait until the limitation period is approaching.

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Which court will hear my claim?

 

The Alberta Court of Justice can generally hear monetary civil claims of up to $100,000.

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Claims exceeding $100,000, and matters requiring certain remedies or procedures, are generally brought in the Court of King's Bench of Alberta.

The amount of the claim is not the only consideration. We can help determine the appropriate court and procedure for your particular dispute.

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How much does it cost to sue someone?

 

The cost depends on:

• the complexity of the dispute;

• the amount at stake;

• the evidence required;

• how the other party responds; and

• whether the matter can be resolved without a trial.

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Legal fees are separate from expenses such as court filing fees, service costs, searches, transcripts, and expert reports.

We will discuss the likely scope and cost of the work with you before proceeding.

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If I win, will the other side pay my legal fees?

 

Possibly, but usually not all of them.

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A successful party can generally ask the court for an award of costs. Costs are intended to reimburse part of the expense of litigation and are determined by the court.

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A costs award should not be assumed to cover your entire legal bill.

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Can my dispute be resolved without going to trial?

 

Yes.

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Many civil disputes are resolved through:

• negotiation;

• mediation;

• judicial dispute resolution; or

• settlement before trial.

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A negotiated resolution can sometimes provide a better business or practical outcome than continuing litigation.

We will assess settlement opportunities while also preparing the case so that you are positioned to proceed if a reasonable resolution cannot be reached.

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I have a judgment. How do I actually collect the money?

 

Obtaining judgment does not automatically result in payment.

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If the debtor does not pay voluntarily, enforcement steps may include:

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• registering a Writ of Enforcement;

• garnishing wages or bank accounts;

• seizing property; or

• taking other enforcement measures available under Alberta law.​

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We can assist with both obtaining judgments and enforcing them.

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I've been sued. What should I do?

 

Do not ignore the claim.

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Court documents have deadlines for responding. Failing to respond can result in judgment being entered against you without your side of the dispute being heard.

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Send us the documents you received and tell us when and how you received them.

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We can review the claim, explain the applicable deadline, and discuss your options.

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Talk to a Civil Litigation Lawyer

You do not need to know which court to use, what documents to file, or what legal claim you have before contacting us.

Tell us what happened. We will help you figure out what comes next.