In Medicine Hat, transactions occur daily involving exchange of money for goods or services. These transactions may take place between companies, individuals, or a combination of the two. Some might involve formal contracts, while others involve no more than a simple handshake. In any event, there is always the possibility that one of these transactions may not be carried out as expected or promised. The Small Claims process in Alberta is an available route for those who find themselves in a legal dispute as a result of such a situation.
Pursuing a Provincial Court Civil, or Small Claims, action may sound like a complicated procedure, but it is more achievable than many may think. There are several routine steps involved in a Small Claims action:
There are some additional considerations to keep in mind when pursuing a Small Claims action. For example, Provincial Court deems that a Small Claims process cannot be pursued for an amount in excess of $50,000. This is a recent change from the previous limit of $25,000.
Another potential obstacle in the Small Claims process is timing. In Alberta, the Limitations Act states that a claim must be initiated no more than two years after it arose. Therefore, if at least two years have passed, the Small Claims process may no longer be available in your situation.
Assuming your situation is not subject to these limitations, the Small Claims process may be a worthwhile pursuit to correct an unsatisfactory transaction. The Small Claims process has been created in a user-friendly manner, designed for individuals and companies to pursue without necessarily requiring legal representation. The Alberta Courts website provides further literature, videos, and forms to assist in understanding the Small Claims process. The clerks at the Medicine Hat Provincial Court are also knowledgeable, friendly, and qualified to assist in explaining the process or completing the Small Claims forms.
Of course, if at any time during the Small Claims process you have questions or require legal assistance, please contact one of our lawyers at (403) 527-4411 or email us at lawyers@pritchardandco.com