Provincial Court
opens
its doors to higher civil claims
$25,000 limit a Canadian first
By Kim MacDonald
The process for pursuing civil claims in Alberta is changing. As of November 1, 2002, people who wish to file a claim for an amount between $7,500 and $25,000 no longer have to go through the complex, formalized process of the Court of Queen's Bench. Instead, they are now able to pursue their claim in the Civil Division of Provincial Court (commonly known as small claims court), where proceedings are faster, less formal and self-representation is possible.
"We want to make the justice system as easy to use as possible," said Justice Minister Dave Hancock. "Allowing people to bring more civil cases forward in the provincial court is one more way we're increasing access to justice for Albertans."
In addition to litigants being able to represent themselves and give oral evidence, civil cases in Provincial Court tend to be resolved faster than in Court of Queen's Bench. The Provincial Court's successful civil claims mediation program provides further benefit to parties by helping to resolve cases without the need for court.
As part of this change, filing fees for cases over $7,500 will be set at $200. The fee for cases under $7,500 will remain at $100. Claims over $7,500 tend to be more complex and will take up more of the court's time and resources. The higher filing fee will help cover this increased cost. The filing fee will be waived to $25 where financial need is demonstrated.
"The $200 fee is identical to what would be paid to file a civil claim over $7,500 in the Court of Queen's Bench prior to the small claims limit increase," said Hancock. "However as parties can appear unrepresented in Provincial Court, and there is no need for a Certificate of Readiness and the associated $600 fee, there will be a substantial cost savings to litigants."
"Provincial Court offers a more user-friendly way to settle disputes at a much lower cost," said Chief Provincial Court Judge Ernest Walter. "There is no doubt that Albertans will benefit through this change."
The previous limit for small claims cases to be heard in Provincial Court was $7,500. The increase to $25,000 gives Alberta the highest small claims limit in the country. The next highest limit is $10,000 in Nova Scotia, Ontario and British Columbia.
