Month: September 2023

There are several alternatives to litigation, known as Alternative Dispute Resolution (ADR) methods. These methods aim to resolve disputes outside of traditional court proceedings and can be more cost-effective, time-efficient, and less adversarial. ADR tends to allow the parties to be more creative in how their issue is determined, and the solutions available to get to a resolution. The most common alternatives to litigation are mediation, arbitration, or negotiation.

Mediation: Mediation involves a neutral third party, the mediator, who facilitates communication between the parties in dispute. The mediator helps them identify common ground, explore options, and reach a mutually acceptable resolution. The process is non-binding, meaning that the parties can choose to accept or reject the proposed solution.

Arbitration: Arbitration is a more formal process than mediation. It involves an impartial third party, the arbitrator, who reviews the evidence presented by both sides and makes a binding decision to resolve the dispute. Arbitration can include oral testimony from witnesses, written arguments from counsel or a combination of the two. Arbitration may be faster and more flexible than court proceedings, and the parties can agree on the rules and procedures to be followed.

Negotiation: Negotiation is an informal process where the parties directly communicate and attempt to reach a settlement on their own or with the assistance of their legal representatives. It is the most basic form of ADR and can occur at any stage of a dispute. Often negotiation is a key part of the litigation process, and sometimes is called a settlement conference.

Our Litigation Team at Robertson has the experience you need to determine if ADR is right for you.  To find out more about Alternative Dispute Resolution contact our Litigation Team today.

Disclaimer: The information on this website is for general information purposes only. It is not intended to provide legal advice or opinions of any kind.

The cost of litigation can vary significantly depending on the complexity of the case, the type of court involved, the duration of the proceedings, the number of parties involved, and the legal fees of the lawyers representing each party. Litigation costs can be substantial and may include various expenses. Common factors contributing to the overall cost of litigation are below:

1. Legal Fees: The primary cost in litigation is the fees charged by the lawyers representing the parties involved. Legal fees are typically charged based on a lawyer’s hourly rate, which varies depending on their experience and expertise.
2. Court Fees: Courts often charge filing fees for initiating a lawsuit or filing certain documents during the course of litigation. The amount of court fees can differ depending on the type of case and the court involved.
3. Document Production: The costs of collecting, reviewing, and producing relevant documents during the discovery phase can add to the overall cost.
4. Discovery and Questioning: During the discovery process, parties may incur expenses related to gathering evidence, conducting investigations, and deposing witnesses. Additional fees may occur in booking court reporters and ordering transcripts.
5. Expert Witnesses: In some cases, parties may need to hire expert witnesses to provide specialized knowledge or opinion on specific aspects of the case. Expert witness fees can be substantial.
6. Appeals: If the case is appealed to a higher court, additional expenses will be incurred for the appeal process.
7. Alternative Dispute Resolution: In some cases, parties may opt for mediation or arbitration as a less expensive alternative to litigation. However, ADR processes may also involve costs.

It is essential for parties involved in litigation to consider the potential costs and benefits before pursuing legal action. It’s important to remember that the cost of litigation can be highly unpredictable and depends on the unique circumstances of each case. To get a more accurate estimate of the potential costs involved, it is advisable to consult with a lawyer who can provide personalized information based on the specific details of the case. Contact our Litigation Team today for more information.

Disclaimer: The information on this website is for general information purposes only. It is not intended to provide legal advice or opinions of any kind.

The Discovery phase in the litigation process is essential to any lawsuit. Both parties exchange information and evidence relevant to the case. It allows each side to gain a better understanding of the other’s claims, defenses, and evidence.

In Alberta, discovery is broken into two parts, document discovery and oral discovery.

In the first stage, the parties prepare and compile all the documentary evidence that is relevant and material to their case in an Affidavit of Records. This can include contracts, emails, financial records, photographs, and other evidence. This is exchanged between the parties.

The second stage is oral discoveries, or Questioning, as we call it in Alberta. This involves oral testimony given under oath before a court reporter. Lawyers for both sides can question parties, or other individuals who have knowledge of the facts or issues in the case. Questioning allows the lawyers to assess the credibility of the witnesses and gather additional information.

Other less common components of discovery can include:

• Requests for Admission: Requests for admission are statements presented to the other party that seek to establish certain facts or matters as undisputed. The receiving party must respond, either admitting or denying the statements.
• Interrogatories: Interrogatories are written questions one party sends to the other. The receiving party must respond in writing under oath within a specified timeframe. These questions may seek details about the parties involved, the facts of the case, the legal claims, and the evidence each side intends to present.
• Expert Witness Disclosures: If expert witnesses will be called during trial, each side must disclose the identities of their experts and provide a summary of their anticipated testimony and opinions.

Remember that the discovery process is part of the litigation strategy to gather information and evidence for trial. Proper preparation and understanding the discovery process can help ensure your case is presented effectively when it comes to trial or negotiation for settlement.

Disclaimer: The information on this website is for general information purposes only. It is not intended to provide legal advice or opinions of any kind.

There are three levels of Court in Alberta: The Court of Justice (formerly known as the Provincial Court of Alberta), The Court of King’s Bench, and the Court of Appeal. Each has its own characteristics that should be considered when starting a claim.

The Court of Justice:

This is the lowest level of court in Alberta and handles a wide range of matters, including criminal cases, traffic violations, family matters and civil disputes. For civil disputes, the Court of Justice can hear most private disputes including residential tenancy matters. The maximum amount that may be claimed is $100,000. 

Additionally, this court does not have jurisdiction to hear claims involving ownership of land, or matters involving wills, malicious prosecution, false imprisonment or defamation. For example, a lien claim would need to be pursued in the Court of King’s Bench.

The Court of King’s Bench

This is the superior level court in Alberta, and has jurisdiction over more significant civil claims, serious criminal cases, and appeals from the Provincial Court. It also deals with various family law matters, including divorces and adoptions. There is no financial cap in this level of court.

It has the jurisdiction to hear civil matters ranging from contract disputes and property disputes to personal injury claims and matters involving large sums of money. In addition to its civil division, the Court of King’s Bench handles serious criminal matters, divorce, and estate administration.

The Court of Appeal of Alberta:

The Court of Appeal is the highest court in Alberta. It hears appeals from decisions made by the Court of King’s Bench and certain decisions made by the Provincial Court. The Court of Appeal typically consists of a panel of three or more judges who review the lower court’s decisions to determine if any errors were made.

Our Litigation Team at Robertson has experience in all three levels of Court in Alberta. If you have a dispute and you are not sure where to start, please contact our team for a consultation.

Disclaimer: The information on this website is for general information purposes only. It is not intended to provide legal advice or opinions of any kind.

The most common question clients have at a consultation is “will I get my legal fees back if we win?”

In typical lawyer fashion, our answer is “it depends”.

The general guideline in Alberta follows the idea that the prevailing party in a lawsuit may be awarded costs at the end of the case.

“Costs” refer to the expenses and fees incurred during the litigation, which can include legal fees, court fees, expert witness fees, and other reasonable expenses related to the case.

When a court awards costs to the prevailing party, it means that the losing party is typically required to pay a portion of the winning party’s legal expenses. The purpose of awarding costs is to compensate the successful litigant for the expenses they had to bear to pursue or defend the lawsuit. It also serves as an incentive for parties to resolve disputes through litigation rather than engaging in frivolous or meritless lawsuits.

It’s important to note that the amount of costs awarded is usually subject to the court’s discretion, and it may not cover the entire amount spent by the winning party on legal fees and expenses. The court will consider factors such as the complexity of the case, the conduct of the parties during the litigation, and the reasonableness of the costs claimed before making a decision on costs. In the Court of King’s Bench, there is a tariff schedule which caps the costs that can be awarded for a particular step in the general course of litigation.

In some instances, the court may also order one party to pay “special costs,” which are higher than the usual costs. Special costs may be awarded when a party’s conduct during the lawsuit is found to be unreasonable or in bad faith. Solicitor-Client costs fall under the umbrella of special costs and are only awarded where there has been egregious behaviour from the other party.

It is essential for clients to consult with legal representatives to understand the specific rules and potential cost implications in their particular situation. To learn more about costs, contact our litigation team today.

Disclaimer: The information on this website is for general information purposes only. It is not intended to provide legal advice or opinions of any kind.