Section 3: Procedures, Issues, and Careers

Have you or anyone you know ever been involved in a civil court case? Would you know what to do if you were? Would you be familiar with the procedures and court personnel involved?

When you've finished this section, you should be able to explain the structure of the civil court system and some of the processes involved in bringing a case to court. You should be able to describe a few of the careers open to people in the area of civil litigation (bringing a civil action to court) and discuss some of the challenging issues related to negligence law.


Lesson 1: Civil Court Structure and Procedures

Have you ever suffered a loss because of someone's negligence? Have you, perhaps, lent something to a friend, only to have it returned broken? Have you had extensive dry-cleaning bills because someone spilled a drink on your clothes? Have you had a bicycle run over by a careless driver or a piece of jewelry lost by a friend who asked to borrow it? If you've ever experienced this sort of thing, did you consider going to court to be compensated?

There are three levels of courts in Alberta. From lowest level to highest, they are:

  1. the Provincial Court

  2. the Court of Queen's Bench

  3. the Court of Appeal

Most cases start off in Provincial Court. It consists of five divisions:

  1. Criminal Division

  2. Family Division

  3. Youth Division

  4. Civil Division

  5. Traffic Division


The Court System

It's the Civil Division of the Provincial Court that you'll be concerned with first. This court used to be called the Small Claims Court (and throughout this section it will sometimes be referred to informally this way because it's a term people are familiar with), and it's here that you're likely to commence a civil suit as long as the amount you're after in damages is $25 000 or less. For example, if you lend your skis to a friend and your friend ruins them, it's here that you can bring an action to get compensation.


That is, if you want to ruin your friendship. Wouldn't it be better to work things out with your friend on your own?


Absolutely! Coming to a mutually satisfactory agreement outside of court is always the most advantageous thing to do, but it just isn't always possible. The courts are there to help if this approach fails.


Cases involving more than $25 000, along with cases about; serious vehicle accidents, land titles, breaches of contract, and a few other complex subjects are heard at the next level of courts, the Court of Queen's Bench. This court also hears appeals from the Provincial Courts. In other words, if someone who loses a case in Provincial Court believes there are good grounds why the original verdict shouldn't stand, that person can apply to the Court of Queen's Bench. If this court agrees that the original decision should be reviewed, the appeal will be heard at this level.

The highest level of court in Alberta, the Court of Appeal, never hears trials only appeals from lower courts. Here a panel of usually three judges listens to lawyers disputing points of law that are relevant to the cases in question and rules accordingly. The only chance for an appeal from this court is to the Supreme Court of Canada. This is, as the name suggests, the highest court in the country. It's a national court, situated in Ottawa, and consists of nine judges.