Litigation can be complicated, expensive, and time-consuming. Regardless of whether you have been sued, are faced with a legal dispute, or need legal advice on how to manage a professional or personal legal conflict, we can help!
At Stemp & Company, we offer a team with over 44 years of experience and can help in a wide range of litigation areas. Handling many different types of litigation for our clients, our litigation lawyers have developed extensive knowledge of the litigation process in Alberta and Canada. We will provide you with an experienced and expert team that will provide litigation services that will exceed your expectations.
What is Litigation?
Conflicts can happen in all areas of your life, whether it’s in your private life, business, or in your neighbourhood. In a legal dispute, two or more parties disagree about how the law is applied. One way of resolving a legal dispute is through litigation.
Civil litigation can address many different issues. In a business context, lawsuits can arise from shareholder disputes, commercial disputes such as breach of contract, and many other types of conflicts. In your private life, litigation can be an option to deal with estate disputes and legal conflicts between landlords and tenants.
Litigation, which is also referred to as making a civil claim, is often a step you take after other options to resolve the conflict have been exhausted. A litigation lawyer can help advise you on the most effective strategy in your situation.
The Litigation Process
In traditional, court-based litigation, the parties in the dispute bring the issue before the courts, and a judge makes a decision to settle the dispute.
When filing a civil claim in Alberta, there are typically a few different steps.
- Filing a Civil Claim. The plaintiff (the person suing) starts the litigation process by filing a lawsuit at the appropriate court.
- Service of Documents. Serving the defendant (the person or corporation being sued), notifies them that they have been sued, so they can respond to the lawsuit. The defendant might offer to settle or dispute the claim.
- Going to Court. At this point, the claim may have been settled or has been selected for another method of resolving the dispute such as mediation or pre-trial conference. If not, the claim will proceed to court. All parties will need to prepare evidence and witnesses.
- Receiving a Judgement. After a judge has heard evidence and arguments from both sides, a decision will be made to settle the dispute. The judgement might include paying costs to the unsuccessful party in the lawsuit or taking other steps to remedy the damage done.
A civil lawsuit can be heard by all levels of court in Canada, depending on the specific case.
How Can a Litigation Lawyer Help?
It is important to address legal disputes quickly, effectively, and strategically to avoid making expensive and time-consuming mistakes.
A litigation lawyer can help you consider alternative dispute resolution options and alternatives to a lawsuit such as demand letters, mediation, and arbitration.
If litigation is the best option available in your situation, a lawyer can provide support by making sure the claim is filed correctly and all the appropriate legal documents are complete. Litigation has many legal requirements, rules, and processes. A lawyer can guide you through each step to ensure your case goes as smoothly as possible and prevent further legal issues.
At Stemp & Company, our knowledgeable lawyers can help you with the best strategy to solve a legal dispute in a cost-effective manner while protecting your interests. We can support you with advice throughout the litigation process and make sure you understand all the legal requirements.
Our Areas of Litigation Expertise
Our experienced lawyers at Stemp & Company have extensive experience with a wide range of litigation matters. Our law firm is well-versed in the following litigation areas.
- Applications for probate or administration of estates
- Breach of confidence
- Breach of contract
- Collection, use and disclosure of personal information (privacy law)
- Commercial landlord and tenant disputes
- Condominium Foreclosure
- Condominium management and board related litigation
- Copyright violations
- Corporate and commercial litigation
- Corporate oppression claims
- Court of Queen’s Bench actions
- Debt collections
- Employment litigation (for both employees and employers)
- Estate litigation
- Fatal accident litigation
- Foreclosure proceedings (for both lenders and borrowers)
- Franchise disputes
- Insurance coverage opinions and litigation
- Latent defects in real estate purchase context
- Libel and slander (defamation)
- Negotiation of commercial leases and litigation relating to commercial leases
- Negotiation of contracts
- Personal injury litigation, including serious motor vehicle accidents
- Professional disciplinary proceedings
- Requests for production of medical and counselling records by third parties
- Residential landlord and tenant disputes
- Shareholder and other business disputes
- Slip and fall injuries
- Small claims court actions
Why Choose Stemp & Company for Litigation?
Have a litigation matter? Call us. Our experienced litigation lawyers are here to help!
For more information on our litigation services or how we can help in your specific circumstance, contact our office today.
Frequently Asked Questions
How much does litigation cost?
It depends on the specific case. In Alberta, the court charges filing fees for civil claims. You’ll also need to factor in legal fees and other expenses such as serving documents. A litigation lawyer can help provide an estimate of litigation costs.
How long does it take to settle a lawsuit?
There are many steps in litigation, and delays can happen at each stage. If there are no complications with serving documents, disputes, or other delays, you can usually expect to receive a judgement in 40-45 days or less.
How much can I sue for?
In an Alberta provincial civil court, you can sue up to $50,000. For anything above this limitation, you could explore litigation at the Court of Queen’s Bench.
Is there a deadline for litigation?
Yes. In Alberta, there is typically a limitation period of 2 years for filing a civil lawsuit. Some exceptions may apply, depending on the specific case.