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:
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:
Litigation is most appropriate when:
We welcome your email, but please understand that if you are not already a client of Soby Boyden Lenz LLP, we cannot represent you until we confirm that doing so would not create a conflict of interest and is otherwise consistent with the policies of our firm. Accordingly, please do not include any confidential information until we verify that the firm is in a position to represent you and our engagement is confirmed.
Thank you for your consideration.