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.
