FAQ Civil Litigation / Tribunals
FAQ Civil Litigation/
What is Civil Litigation?
Civil litigation refers to legal proceedings involving non-criminal disputes between individuals or entities. Unlike criminal cases seeking punishment, civil lawsuits aim to resolve private conflicts and award compensation or enforce specific actions. Examples include breach of contract, personal injury, and property disputes.
Is there a time limit for filing a civil claim in Alberta?
Yes. Under the Statute of Limitations, most civil actions—including debt recovery and breach of contract—must be filed within two years of the date the incident occurred or was discovered. Failing to file within this window typically results in the loss of your right to sue.
What types of cases are commonly handled in Small Claims Court?
The court addresses a wide variety of private disputes, such as unpaid debts for goods or services, motor vehicle accidents involving personal injury, return of security deposits, property damage, and payday loan issues.
How does the Residential Tenancy Dispute Resolution Service (RTDRS) work?
The RTDRS is a specialized quasi-judicial tribunal that offers a faster, less formal alternative to court for landlord and tenant disputes. It handles matters like eviction applications, unlawful rent increases, and disagreements over damage deposits.
What should I do if I am facing workplace discrimination?
Complaints regarding discrimination based on race, gender, age, or disability should be directed to the Alberta Human Rights Commission (AHRC). They protect rights under the Alberta Human Rights Act and handle issues ranging from failed maternity leave requests to unsafe work environments.
What is the "Mandatory Resolution Process" for Alberta Tribunals?
Before a case reaches a formal Tribunal hearing, it must pass through a Commission-managed process. This includes a preliminary assessment of the complaint’s validity and a stage for Alternative Dispute Resolution (ADR), such as mediation, to settle the matter early.
Can I seek compensation for a workplace injury outside of regular court?
Yes. Workplace injury claims and appeals are typically managed through the Appeals Commission for Alberta Workers’ Compensation. This tribunal specializes in interpreting WCB policies and ensuring workers receive fair compensation for injuries sustained on the job.
What constitutes a "Consumer Protection Violation"?
Violations occur when businesses engage in unethical or unlawful practices, such as false advertising, deceptive pricing, or refusing to honor valid warranties. Alberta laws are designed to promote marketplace transparency and provide consumers with a path to pursue compensation.
What is the difference between Wrongful Dismissal and Constructive Dismissal?
Wrongful dismissal occurs when an employee is terminated without proper notice or pay in lieu. Constructive dismissal happens when an employer unilaterally makes a fundamental change to the employment contract (like a massive pay cut), forcing the employee to resign. Both can be pursued under the Employment Standards Code.
What is the role of Federal Tribunals in Canada?
Federal tribunals, such as the Immigration and Refugee Board (IRB) or the Social Security Tribunal, handle specialized disputes governed by federal law. These bodies are staffed by experts in specific fields to ensure more informed and nuanced decision-making than a general court might provide.
This article is for general informational purposes only and is not legal advice. Contact us today to discuss your specific situation.
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