What is a Statement of Claim in Alberta?
A Statement of Claim is an originating document used to start most (not all) types of lawsuit in Alberta. The documents lays out the underlying facts of the issues in dispute and is then filed with the courts, and used as a basis document for the underlying lawsuit.
Relevance and materiality in a lawsuit (whether something should be included or not) is based on whether an issue tends to prove or disprove the underlying facts set out in a lawsuit. Questioning and then underlying issues of proof in a trial all flow out the original Statement of Claim. It is important that the Statement of Claim is properly drafted. It cannot have evidence, but the line between evidence and facts can be quite vague.
Statements of Claim should be filed at the courthouse in Alberta within the Limitations period (which is set out in the Limitations Act of Alberta, but is generally 2 years, but not always). After that you have 1 year to serve (a bit longer in certain cases). Amendments are often, but not always allowed. The Statement of Claim must be served (given to the person/ organization), and then defences and counterclaims happen.
If you have any questions about Statements of Claim, please feel free to contact us.
The information contained in this article is not legal advice. No solicitor client relationship is formed through this article. The reader is encouraged to retain counsel for advice in these matters.