Civil Litigation

Do you have a civil issue that you need help with? Are you owed money that you need to reclaim? Are you having issues with your tenant or landlord? We have all the information you need about:

  • landlord tenant disputes; 

  • builders' liens;

  • small claim disputes (under $50,000);

  • Queens Bench claims (over $50,000);

  • construction claims; and 

  • bank claims; 

All our fees are listed HERE

Here are answers to some of our most frequently asked questions about Civil Litigation:

QUESTION: HOW LONG DO I HAVE TO COMMENCE A CLAIM? 

ANSWER: 

The time limit depends on the reason for suing.

For general debt problems, such as contracts, loans, damage deposits and rent you must sue within two years from the time the debt began. However, if it has been stated in writing that the person knows the money is still owed, or if the person has paid part of the debt, the two-year limit starts when the debt was last acknowledged. If you are suing for injuries caused to yourself or your property (for example, assault, car accident, etc.), you must sue within two years of the injury or damages.

QUESTION: HOW MUCH DOES IT COST TO SUE SOMEONE AND CAN I GET MY COSTS RECOVERED? 

ANSWER: 

The court filing fee to register a Statement of Claim is $250.00, plus lawyers fees, which can be found HERE.

There are additional lawyer fees for negotiations, meditations and trials. 

If you are successful, you can ask the judge to award "costs" which means that the losing party has to pay a part, or all, of  your legal fees. 

QUESTION: Can I sue in Small Claims Court? 

ANSWER: 

If your claim is under $50,000.00, or if you are willing to forego the amount over $50,000.00 you can file the claim in Small Claims Court. The benefit of filing a claim in Small Claims is that the waiting time is much less for the process to move along and the rules are much less formal. 

If your claim is over $50,000.00 and you are not willing to forego the amount over $50,000.00, you must file your claim in Queens Bench. 

QUESTION: I have a judgement - how do I get my money? 

ANSWER:

There are a few ways that we can make sure you get the money owed to you. We would register the order with the court, and the creditor's wages can be garnished. There is also the possibility of registering a lien on the creditor's house or other  property. 

102-10820 24 St. SE

Calgary, Alberta 

T2Z 4C9

Hours of Operation:

Monday to Friday

9 am to 5 pm

Phone: 403.537.2557

Fax: 403.537.2558

admin@stonetreelaw.com

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