The cost to initiate a small claims court action in Alberta, known as a Civil Claim valued at $7,500 or less, is $100. However, various other fees may apply depending on the specific actions taken during the court process.
Understanding Small Claims Court Costs in Alberta
Going to small claims court in Alberta primarily involves specific court fees charged by the province. These fees cover the administrative costs associated with filing documents and processing your case within the Provincial Court's civil claims stream, which handles disputes typically up to $7,500, although the overall Provincial Court civil jurisdiction extends to $100,000.
The primary fee you will encounter depends on whether you are the party initiating the claim or responding to one with a counterclaim.
Initial Filing Fees
Here's a breakdown of the standard court fees in Alberta for civil matters, including those relevant to small claims:
| Action / Document | Cost |
|---|---|
| Civil Claim – valued at $7,500 or less | $100 |
| Dispute Note with a counterclaim valued at $7,500 or less | $75 |
| Dispute Note with a counterclaim valued greater than $7,500 | $125 |
| Third Party Claim | $50 |
| Notice of Application (in the course of an action or proceeding) | $50 |
- Civil Claim (Valued at $7,500 or less): This is the fee you pay when you file your initial claim to start a lawsuit for an amount up to $7,500. This is the most common fee for someone initiating a small claims case.
- Dispute Note with a Counterclaim: If you are being sued and you wish to make a claim against the person suing you, you can file a Dispute Note that includes your own counterclaim. The fee depends on the value of your counterclaim:
- $75 for a counterclaim valued at $7,500 or less.
- $125 for a counterclaim valued greater than $7,500 (which may move the case out of the simplified small claims process).
- Third Party Claim: If you believe someone else is responsible for the claim against you, or for part of it, you might file a Third Party Claim to bring them into the lawsuit. This costs $50.
- Notice of Application: During the course of a lawsuit, you might need to file an application for a specific order from the court (e.g., to compel disclosure, or for a specific procedural step). This fee is $50.
Important Considerations
It's crucial to understand that these listed fees are strictly the court's administrative charges. They do not cover other potential expenses you might incur when pursuing a small claims case, such as:
- Legal Advice: While not mandatory, consulting with a lawyer for advice or representation can be an additional cost.
- Serving Documents: You may need to pay a process server or cover postage costs to formally deliver court documents to the other party.
- Witness Fees: If you call witnesses, you might need to pay them attendance fees and travel expenses.
- Enforcement Costs: If you win your case and the other party doesn't pay, you might incur additional fees for enforcing the judgment.
For the most current and comprehensive information regarding court fees in Alberta, it is always recommended to refer to the official government source: Court fees | Alberta.ca.
