Saturday, February 4, 2017

Is It Worth Suing In Alberta?

Suing will cost you time and money.  There are filing fees, witness fees, and you cannot sue for wages lost while attending the hearing - usually one morning or afternoon in court. Also, you will spend some time picking up forms and filing your claim.  It will cost you a fee to file your Civil Claim (for more information, see Provincial Court Costs and Fees Regulation) . There may be additional costs to have the defendant served with a Civil Claim or a witness served with a Notice to Attend (CTS1460).  You may apply to waive the filing fee if you can show that you cannot pay because of financial hardship. If you are interested in applying for a fee waiver please see the guidelines outlined on the waiver form.

If you win, the above costs will usually be included in the amount the judge orders the defendant to pay you.  You may be required to pay witness and interpreter fees. For further information pertaining to costs and fees, see the Provincial Court Costs and Fees Regulation, or contact the a court office. Click here for court contact information.  You should also think about the person you want to sue. Do you know where that person is? If you win, will you be able to collect? (The person may not have money now, but financial situations can change. The judge's decision on your case is valid for 10 years).  You should consider whether or not you have enough evidence to support your claim. If it is just your word against that of the other person, it may be difficult to prove your case. Any documents (for example, letters, bills, leases) or witnesses may be a benefit in proving your case.

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