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Litigation

SBL Services - Litigation

The lawyers at Soby Boyden Lenz LLP have considerable experience representing clients at all levels of court in Alberta and are respected litigators. For further information, please refer to individual lawyer profiles.

Litigation involves the use of court process to resolve disputes. Lawyers represent the rights of their clients in the court process. If the parties are unable to come to a settlement, then a judge will decide the issues in dispute. Subject to rather limited grounds for appeal, the judgment of the court will be final.  Depending on the issue, litigation can be commenced in either the Provincial Court or the Court of Queen’s Bench. Court of Queen’s Bench is bound by a stricter set of procedural rules than the Provincial Court.  These procedural rules are called The Alberta Rules of Court. There are a number of matters in which the Provincial Court does not have jurisdiction to deal with and, therefore, it is important to consult a lawyer prior to commencing your lawsuit.

There are Formal Processes and Rules of Court:

Compelling Disclosure of Relevant Information and Documents:

  • Notice to Disclose Applications
  • Questioning
  • Questioning on Affidavits
  • Court appointment of Experts
  • Interrogatories
  • Affidavit of Records

Hearing Interim Applications For:

  • Custody and access/parenting time
  • Child and spousal support
  • Interim use of or disposition of property
  • Procedural matters

Trials & Appeals

Interim Applications can be made in either the Provincial Court or the Court of Queen’s Bench, depending on the issue to be determined.

In Provincial Court, there is a ‘Docket Court,’ with a Judge sitting most weekdays. While more straight forward, interim issues may be determined in Docket Court, more complex issues will be set for hearing at a future date.

Queen’s Bench Judges will hear many Interim Applications in morning chambers, with only 20 minutes being allowed for hearing each case. More complicated matters, requiring more time, may be scheduled for either a One Hour or Half Day Special Hearing.

Because of the potential expense and uncertainty of outcome involved in litigation, other dispute resolution processes will be explored at Soby Boyden Lenz LLP before beginning the court process, and throughout the course of the lawsuit.

This may include one or more of the following:

  • Lawyer-assisted negotiation
  • Mediation for some or all issues
  • Pre-hearing conferences before Dispute Resolution Officers (“DRO’s”)
  • Judicial Dispute Resolution conferences (“JDR’s”)
  • Case Management

Litigation is most appropriate when:

  • Other dispute resolution processes have been unsuccessful
  • Other dispute resolution processes are inappropriate, due to domestic violence, extreme distrust or power imbalances
  • The parties prefer to have their dispute decided by a judge
  • The dispute involves a matter of legal interpretation that cannot be resolved otherwise
  • One or both of the parties is reluctant to provide voluntary disclosure of relevant and important information
  • One or both parties refuse to negotiate
  • A case involves important new legal precedents

Click here to get in touch with a Soby Boyden Lenz LLP representative regarding our litigation services

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