Civil Procedure

Forms and Precedents

Case Law 

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

E-Resources

Alberta Court Judgments

A collection of the judgments of the Alberta Courts is available from CanLII. The official version of the reasons for judgment is the signed original or handwritten endorsement in the court file. If there is a question about the content of a judgment, the original court file takes precedence.

Digests

The Canadian Abridgment available on: Westlaw Canada

All Canadian Summaries, Canadian Case Summaries and Canada Digest are available on: LexisAdvance® Quicklaw® 

Legislation

Federal

Provincial

Definitions

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] 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.

Encyclopedias

Civil Procedure Encyclopedia

Civil Procedure Encyclopedia by W.A. Stevenson, J.E. Côté Table of Contents

This multi-volume legal encyclopedia covers all common-law Canada and England. It is arranged by subject. It doesn’t provide a Table of Statutes or Regulations to follow. It’s content is more relevant to court procedures and rules.

Canadian Encyclopedic Digest

Canadian encyclopedic digest (C.E.D.) (Western) available electronically through Westlaw Canada

Sections related to civil procedure include:

  • Courts 
  • Injunctions
  • Judgments and Orders
  • Trials

Halsbury’s Laws of Canada

Halsbury’s laws of Canada is a multi-volume set includes coverage of Federal, Provincial & Territorial legislation. Also available electronically through: LexisAdvance® Quicklaw®

This encyclopedia explains the legislation and cases which govern civil procedure issues in every jurisdiction in Canada, allowing you to quickly locate, contextualize and apply the basic elements of the law.

There is a single volume dedicated to Civil Procedure

Journals

E-resources

Additional full-text articles are available electronically through:

  • LexisAdvance® Quicklaw®
  • Westlaw 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

Websites

Alberta Courts  The web site is divided into three main areas: Provincial Court, Court of King’s Bench, and Court of Appeal.

Provincial Court

Provincial Court – The Civil Claims (up to $50,000 as of August 1, 2014 via regulation 139/2014) sub-heading under areas of law provides ample resources to understand the basics of a civil claim.  There are copies of many of the forms required throughout the civil claim procedure, an outline of the civil claims process, a glossary of terms, and links to various other relevant resources. 

Court of King's Bench

The Court of King’s Bench (civil litigation over $50,000) sub-heading under areas of law maintains access to most of the forms needed to proceed at this level of court.  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 Court of Appeal sub-heading under Registry > Filing information > Filing, Fees and Forms you can find the information and forms you need to file.  The Consolidated Practice Directions can be found under publications.

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