Civil Procedure

• Alberta Civil Procedure : introduction and glossary by the Hon. Jean E. Côté. Table of Contents
• Alberta rules of court annotated by Allan A. Fradsham  Table of Contents
• Canadian Civil Procedure Law, 2nd ed  by Linda Abrams & Kevin McGuinness Table of Contents 
• Civil Appeals : principle and procedure by James Leabeater et al. Table of Contents
• Civil Litigation: a Practical Handbook, 5th ed by David Stockwood Table of Contents
• Civil Procedure and Practice in Alberta, 2020 by Darren Reed. Table of Contents
• Class Actions Law and Practice, 2nd ed by Michael A. Eizenga et al. Table of Contents
• De Smith’s Judicial Review, 8th ed  by The Rt Hon The Lord Woolf et al. Table of Contents
• Judicial Review of Administrative Action in Canada by Donald J.M. Brown & John M. Evans Table of Contents
  
• Procedural strategies for Litigators in Alberta, 2nd ed. by William E. Cascadden. Table of Contents
• Principles of Administrative Law, 3rd ed  by David Jones & Anne de Villars. Table of Contents

• Alberta civil practice manual by Legal Education Society of Alberta Table of Contents
• Bullen & Leake & Jacob’s Canadian Precedents of Pleadings, 3rd ed by Blair et al. Table of Contents
• Civil Enforcement Procedure Manual by Alberta Court Services

For more information on finding cases see our research guide : Finding and Researching Cases

Federal

• Exchequer Court Act, RSC 1970, c E-11
• Federal Courts Act, RSC 1985, c F-7 
• Federal Courts Rules, SOR/98-106
• Supreme Court Act, RSC 1985, c S-26 
• Rules of Supreme Court of Canada, SOR/2002-156
• Tax Court of Canada Act, RSC 1985, c T-2 
• Tax Court of Canada Rules (General Procedure), SOR/90-688a
• Tax Court of Canada Rules (Informal Procedure), SOR/90-688b

Federal Acts and Regulations can be found electronically at:

• Canadian Legal Information Institute (CANLII)
• Justice Laws Website

Provincial

• Civil Enforcement Act, RSA 2000, c C-15
• Civil Enforcement Regulation, Alta Reg 276/1995
• Class Proceedings Act, RSA 2003, c C-16.5
• Court of Appeal Act, RSA 2000, c C-30 
• Alberta Rules of Court, Alta Reg 124/2010 
• Fees and Expenses for Witnesses and Interpreters Regulation, Alta Reg 123/1984
• Court of Queen’s Bench Act, RSA 2000, c C-31
• Alberta Rules of Court, Alta Reg 390/2010
• Fees and Expenses for Witnesses and Interpreters Regulation, Alta Reg 123/1984
• Judicial Districts Regulation, Alta Reg 117/2010
• Family Law Act, SA 2003, c F-4.5 
• Provincial Court Procedures (Family Law) Regulation, Alta Reg 149/2005
• Judgment Interest Act, RSA 2000, c J-1
• Judgment Interest Regulation, Alta Reg 215/2011
• Judicature Act, RSA 2000, c J-2
• Alberta Rules of Court, Alta Reg 124/2010
• Surrogate Rules, Alta Reg 130/1995
• Court of Queen’s Bench Practice Directions, (Civil, Criminal and Family)
• Court of Appeal Practice Directions & Notices
• Jury Act, RSA 2000, c J-3 
• Jury Act Regulation, Alta Reg 68/1983
• Limitations Act, RSA 2000, c L-12 
• Provincial Court Act, RSA 2000, c P-31
• Fees and Expenses for Witnesses and Interpreters Regulation, Alta Reg 123/1984
• Provincial Court Fees and Costs Regulation, Alta Reg 18/1991

AFFIDAVIT:

An affidavit is a sworn statement or solemn declaration. An affidavit of service is used to certify that a document has been served on a party to a proceeding. An affidavit of documents is a descriptive listing of documents a party possesses controls or has in their power. An affidavit of merits is what a defendant files when responding to a specially endorsed writ. An affidavit is signed by an attendant authorized to do so such as a Commissioner for Oaths.

MOTION:

Is an oral or written request for the court to rule, order, enforce or take an action. A motion does not institute a proceeding but rather constitutes a step taken within a proceeding to advance its progress. Generally a notice of motion precedes each motion unless there is a case of urgency or necessity in which an ex parti (above) motion can be brought forward. [Notice of motions must be served on any and every party interested or affected by the motion (Alberta Rules of Court, Alberta Regulation FIND SECTION] There are many different types of motions. Some examples are:

• dilatory motion – proposes that the original question be disposed of permanently or for the time being
• interlocutory motion
• secondary motion – a motion connected to and arising out of another motion and therefore a motion in order when a main motion is pending. Examples are: incidental motions and subsidiary motions.

SERVICE of DOCUMENTS:

This is action of sending a court approved civil claim to the defendant. A copy of the civil claim must be accompanied by a dispute note and served to the defendant in a one of the specific Methods of Service that have been pre-determined as acceptable by the courts. After service, an affidavit of service must be filed with the court.

WRIT:

Originally meant written communication (1592), the term is now used to describe a document issued by the court that authorizes steps to be taken to enforce a judgment or order. There are five main types: capias – commanding an officer to take the body of the person named in writ; fieri facias – coming up with the sum of a judgment through the goods and chattels of another; levari facias – levying a judgment by seizing and selling goods, land, rents or profits from debtor; elegit – creditor is awarded debtor’s land to have and hold until debt is satisfied, and; extent (an officer may seize land, goods or body without having to choose between person or property). All of these writs are also called writs of execution.

E-Resources

• Index to Canadian Legal Literature (ICLL) – Available electronically on WestlawNext Canada and Lexis Advance® Quicklaw®

Additional full-text articles are available electronically through:

• LexisAdvance® Quicklaw®
• WestlawNext Canada – contains a collection of Canadian journals and law reviews, as well as all articles and case comments appearing in Carswell law reports.
• HeinOnline – provides full-text access to Canadian and international law reviews and legal journals.

Print

• Administrative Law Reports
• Advocates’ Quarterly: a Canadian journal for the practitioners of civil litigation
• Canadian Journal of Administrative Law and Practice
• The Supreme Court Law Review

The Alberta Courts have a well laid out website that has many resources for civil procedure. The web site is divided into four main areas: Provincial Court, Court of Queens Bench, Court of Appeal and Resolution & Court Administration Services. This latter category is for general services that do not necessarily fit into one of the three levels of court: mediation, the law information centers, library, transcripts, the assessment and taxation office, and jury duty.

Provincial Court
The Civil or Small Claims (up to $50,000 as of August 1, 2014 via regulation 139/2014) sub-heading provides ample resources to understand the basics of a civil claim.  There are copies of almost all the forms required throughout the civil claim procedure, an outline of the civil claims process, a glossary of terms, frequently asked questions and related legislation. As the civil claim process is designed for self-represented litigants, additional legal and support resources are also listed.

Court of Queen’s Bench
The Court of Queen’s Bench (civil litigation over $50,000) sub-heading maintains access to most of the forms needed to proceed at this level of court. Pay special attention to the link at the top of the forms page linking to the new page containing updated versions of all the civil claims forms. Unlike the Provincial Court link that provides very basic information on civil claims, these publications provide information on getting and enforcing a judgment and more specific points of procedure for the taxation office. Civil practice notes are also included with specific directions regarding the use of technology in civil litigation. 

Court of Appeal
The Alberta Court of Appeal website has two major sub-links to guide civil procedure: Publications and Forms, and Practice Notes/Directions. Unlike the other two levels of court, the Publications and Forms link of the Court of Appeal has many sample forms as examples on how to properly fill out forms. There are also more detailed instructions included with many of the forms. The Practice Notes are more extensive and include the entire Consolidated Practice Directions for the Alberta Court of Appeal.