Frequently Asked Questions: Civil Litigation

Civil Litigation

Frequently Asked Questions

Litigation is the legal process used to resolve disputes through the civil court system, but starting a lawsuit does not necessarily mean your case will go to trial. These frequently asked questions explain some of the important issues involved in civil litigation in Alberta, including limitation periods, evidence, expert opinions, settlement, court proceedings and common defences. They also explain how Weir Bowen helps clients understand their options and navigate the litigation process.

1. I think I may have a legal claim. How do I know if it’s worth pursuing?

Every case is different. One of the first things a lawyer will look at is what happened, who may be legally responsible, what losses or damages resulted, and what evidence is available to support the claim.

Sometimes the answer is relatively straightforward. Other cases require investigation, records, expert opinions or additional information before the strength of a claim can be properly assessed. You don’t need to have everything figured out before speaking with a lawyer. An early conversation can help determine what questions need to be answered and what the next steps may be.

2. Is there a deadline for starting a lawsuit?

Yes. Limitation periods establish deadlines for bringing legal claims.

In Alberta, the general rule is that a person has two years from when they knew, or ought to have known, that someone caused them injury to file a claim with the Court. There are important exceptions, however, and determining when a limitation period begins can sometimes be complicated.

The important point is not to wait until you think a deadline is approaching. Identifying the proper parties, gathering records and investigating a claim can take time.

3. Does starting a lawsuit mean I’m going to court?

Not necessarily.

Many claims are resolved through negotiation or other forms of dispute resolution without going all the way to a trial. The appropriate approach depends on the circumstances of the case and how the other parties respond.

Starting a legal action protects your ability to pursue your claim and begins a process. It does not mean that a courtroom trial is inevitable.

4. What if the other side says I was partly responsible for what happened?

That does not necessarily mean you have no claim.

In some cases, a defendant may argue contributory negligence — that your own actions contributed to what happened or made your injuries worse. If contributory negligence is established, compensation may be reduced to reflect your share of responsibility rather than eliminating the claim altogether.

These issues are very fact-specific, which is why it is important to look at the circumstances of the individual case rather than assume that being partly responsible prevents you from pursuing a claim.

5. What kind of evidence can be important in a lawsuit?

Evidence will depend on the type of dispute, but seemingly small details can become very important.

Documents, photographs, video or security-camera footage, medical and other records, and information from witnesses may all help establish what happened. Some evidence can disappear surprisingly quickly. Security recordings may be overwritten, physical conditions can change and witnesses’ memories can fade.

You don’t need to know exactly what evidence will ultimately be required. Speaking with a lawyer early can help identify what should be obtained or preserved.

6. Will experts need to be involved in my case?

Sometimes.

Depending on the issues involved, lawyers may seek opinions from medical professionals, vocational experts, economists or other specialists. Experts can help answer questions that require specialized knowledge — from understanding the effect of an injury to assessing someone’s future ability to work or calculating financial losses.

Whether experts are necessary, and which experts are appropriate, depends on the particular case.

7. What should I do if I’m not sure whether I have a case?

You don’t need to make that determination yourself.

People often hesitate to contact a lawyer because they aren’t sure whether what happened is serious enough, whether they have enough evidence, or whether something about their own actions could hurt their case.

Those are questions a lawyer can help assess. You also don’t need to have every document or every answer before making the first call. Because legal deadlines and evidence can become important, getting advice early can help you understand your options and decide what — if anything — you want to do next.

A note about this information: These FAQ's provide general information only and are not legal advice. Every situation is different, and the law may apply differently depending on the circumstances. Legal deadlines apply, so you should not rely on this information to determine a limitation period or other deadline. If you have questions about your particular situation, we encourage you to reach out to us.