08/10/2026
Are you planning on representing yourself in a Small Claims Court case? It may not be as easy as it seems, and it is not a quick process.
In the Calgary and Edmonton Courts, if the matter proceeds to trial, it could be up to 2 years before your matter is scheduled. In smaller centres that time may be shorter.
To successfully obtain a Certificate of Judgment as a plaintiff in the Alberta Court of Justice (Civil Division), you must navigate a structured legal process.
Here is the step-by-step procedure from initial filing to securing your judgment.
1. Filing and Service
• File the Civil Claim: You must complete detailing the parties involved, the amount claimed, and the grounds for your lawsuit. File this at an Alberta Court of Justice registry and pay the filing fee (ranging from $100 to $200 depending on the claim amount).
• Serve the Defendant: You must formally provide a copy of the filed Civil Claim to the defendant within one year of filing. For individuals, this is usually done by personal service (handing it to them) or via registered mail. For corporations, it can be served at their registered office.
• File Proof of Service: Once served, you must complete an Affidavit of Service, have it sworn before a Commissioner for Oaths, and file it with the court registry to prove the defendant received the claim.
• Await the Dispute Note: The defendant has 20 days (if served in Alberta) or 30 days (if served outside Alberta) to file a Dispute Note. If they fail to do so, you can apply directly for a Default Judgment without proceeding to the steps below.
2. Resolution and Mediation.
If the defendant files a Dispute Note, the court actively encourages alternative dispute resolution (ADR) before scheduling a trial.
• Mandatory ADR Programs: Depending on the judicial district, you may be required to participate in a court-annexed mediation program or a Pre-Trial Mediation session.
• The To Mediation Process: A neutral, trained mediator will meet with both parties to help reach a voluntary settlement. If you successfully resolve the dispute here, you will sign a binding agreement, and the formal court track ends. If mediation fails, your file moves to the next judicial stage.
3. Pre-Trial Conference (PTC)
If mediation is unsuccessful or waived, the court will typically schedule a mandatory Pre-Trial Conference. [1]
• Meeting with a Judge: This is an informal, private meeting between a judge, you, and the defendant.
• Narrowing the Issues: The judge will review the claim and the dispute note, help clarify the legal arguments, and determine what evidence is actually in dispute.
• Exploring Settlement: The judge will often give a non-binding opinion on the strengths and weaknesses of each side's case to push for a settlement.
• Trial Readiness: If a settlement cannot be reached, the judge will ensure both parties are prepared for trial, discuss the number of witnesses, estimate the time required, and formally schedule the trial date.
4. The Trial
• Opening Statements: You will briefly state your case to the presiding judge (a different judge than the one from your Pre-Trial Conference).
• Presenting Evidence: As the plaintiff, you bear the burden of proof. You will testify, present physical evidence (contracts, receipts, photos), and call your witnesses. The defendant has the right to cross-examine you and your witnesses.
• Defendant's Case: The defendant will then present their evidence and witnesses, whom you will have the opportunity to cross-examine.
• Closing Arguments: Both sides summarize their evidence and explain why the law supports their position.
• The Decision: The judge will either deliver a verbal judgment immediately or "reserve" the decision to provide a written judgment at a later date.
5. Obtaining the Certificate of Judgment
Winning the trial does not automatically yield a Certificate of Judgment; you must formally request it.
• Draft the Judgment: Once the judge rules in your favour, a formal Court Order or Judgment is entered into the court record.
• Request the Certificate: You must complete and submit a request to the Alberta Court of Justice clerk to issue a formal Certificate of Judgment.
• Enforcement Ready: The Certificate of Judgment is the official instrument you need to begin collecting your money. You will take this certificate to the Court of King's Bench to file it and register a writ with the Personal Property Registry (PPR) or Land Titles, allowing you to legally garnishee wages, seize bank accounts, or place liens on assets.
