Some types of civil claim
Return of security/damage deposit
Motor vehicle accident
Change of address
The first step is get the proper forms from the court office or from this website. Fill out the Civil Claim form (Includes instructions in the interactive pdf form. Fillable online, but online filing not yet available). Once the form is completed, give it to the court office with the fee. If you wish to apply for a fee waiver because of financial hardship, the form is available at the Court office or online here.
When filling out the Civil Claim, include:
- your full name
- the defendant's full name, address, and telephone
- the amount of money you are asking for
- when and where the problem occurred
- the reasons you are suing. (Although these reasons should explain the problem in detail, they do not have to be long and complex.)
- the number of witnesses
- your address and daytime telephone number
- the defendant’s address and daytime telephone number
Note: You must file the Civil Claim with the court office before serving the defendant with a copy of the Dispute Note.
Some types of Civil claims
Return of Security/Damage Deposit
If you are suing for the return of a damage deposit, you must prove:
- a deposit was made,
- the deposit was not returned or only partially repaid, and
- the condition of the premises when you moved in and when you moved out.
You must be sure that you are suing the registered owner of the apartment or house. While you think the landlord is John Doe, it may actually be Doe Co. Ltd. Check with the city or town tax department, or an authorized agent for Alberta Registries.
View a sample of a filled-in Civil claim for a return of security/damage deposit.
Motor Vehicle Accident
If you are suing because of a motor vehicle accident, you must prove:
- that the accident happened,
- the identity of the driver and/or owner of the car;
- how the accident happened and who caused it; and
- the reason for the amount you are suing.
You should determine who owns the car. Ask your insurance agent to assist you. This should be done in case the driver was not the owner. If this is the case, you can sue both the driver and the owner, so that if you win the case, you can collect from either one. View a sample of a filled-in Civil claim for a Motor Vehicle Accident .
Personal Injury Claims from Motor Vehicle Accidents
All drivers in Alberta are required to have insurance in case they cause an accident. There are a few who do not, and they usually don't have the money to pay for the personal injuries they have caused. Sometimes the guilty driver flees the scene of the accident, and the injured victim doesn't know who to sue.
The Motor Vehicle Accident Claims Act protects those victims by ensuring they have recourse to claim against uninsured motorists for their personal injuries.
For more information on personal injury claims relating to the motor vehicle accident claims program, see the Alberta Justice website at http://www.justice.gov.ab.ca/mvac/.
Damages are an amount that a party is claiming to cover actual injury or economic loss. Damages typically include medical expenses, lost wages and the repair or replacement of property. Damages are intended to put the injured party in the original position prior to the injury. View a sample of a filled-in Civil claim for Damages .
A claim for monies owing for an amount that was agreed to between the parties. A debt claim is for a specific sum of money which can be owing from an invoice, promissory note or a verbal agreement. View a sample of a filled-in Civil claim for General Claims .
If you are suing on a contract you have made, you must prove:
- that there was a contract;
- what the details of the contract are;
- how the contract was broken by the defendant ; and
- the exact amount of money you are suing for and how you arrived at that amount.
Note: If you are suing a company, it is always best to find out the registered name of the company by doing a corporate name search at any Alberta registry.
Change of Address
Be sure to notify the court office if you change your address. Documents will be sent to the address on your claim.