CIVIL LITIGATION

Laws & Beyond’s Calgary lawyers have considerable experience in a variety of areas of litigation and dispute resolution. We defend clients in the Provincial Courts of Alberta and the Court of Queen’s Bench in Alberta, as well as before government agencies, private arbitrations, and mediations. In all sorts of commercial, corporate, and other civil disputes, we represent both large and small corporations and other business entities.

We all represent individuals in family matters and as well as criminal matters. Our goal is to always get the greatest results for the least amount of money.

Areas Of Civil Litigation

Litigation and Dispute Resolution

We are experienced litigators with expertise in all aspects of civil litigation, including contract disputes. We typically represent both claimants and respondents in civil proceedings and are also available to counsel plaintiffs and defendants needing limited scope representation by a lawyer.

We can assist you with a builder’s lien, a shareholder disagreement, estate litigation, or a landlord-tenant conflict, among other things. When necessary, our litigators will assist you in resolving civil issues through negotiation, mediation, arbitration, or litigation.

Bankruptcy and Creditors' Rights

Your bankruptcy rights and alternatives might be complicated, and they can have a significant impact on both you and your organisation. We are familiar with the Bankruptcy and Insolvency Act, as well as the rights of creditors, and we will work with you to defend your interests at this difficult time.

We represent clients in all matters relating to the Bankruptcy and Insolvency Act, including relief from stay applications in pending actions, proof of claims, creditor meetings, court-ordered restructurings, preferences, garnishments and seizures, we represent debtors, creditors, trustees in bankruptcy, landlords, and judgement creditors. We also represent receivers in bankruptcy proceedings when necessary.

Business and Commercial Litigation

We are one of the best business and commercial litigation law firm in Calgary, Alberta, and for a good reason – we win. Our attorneys have successfully represented clients from a variety of sectors and backgrounds over the years. We will actively defend your business against any commercial litigation or other business conflicts, whether it is huge or little, simple or complex, local or worldwide.

Our attorneys represent lenders, stockholders, and others interested in a wide range of business disputes in addition to corporations and their officers and directors in court. Our attorneys have successfully represented small business owners and managers, major corporation officials, and directors in a variety of industries, including oil and gas, mining and energy development, construction, real estate development, and retail.

Our clients entrust us with commercial litigation as well as basic business and commercial advise. We can help you resolve your civil disputes through negotiation, mediation, arbitration, or litigation whenever necessary.

Construction Law

We can assist you in understanding and complying with the legal requirements of construction projects in Alberta, regardless of the scale of your project. On all topics relating to building contracts, including disputes concerning defective design or faulty materials used in the construction process, we advise owners, contractors, subcontractors, product and material suppliers, architects, and engineers.

In the unfortunate event of a dispute or disagreement, we will zealously represent your interests in court and before the Alberta courts. Our lawyers also help clients protect against contractual claims by drafting clear contracts, purchase orders and supply agreements that will prevent disputes before they arise.

Builder’s Liens and Lien Litigation

We can defend you from lien claims and ensure that your rights to the project proceeds are safeguarded if you are a property owner or mortgagee with an interest in new development.

We understand how people get involved in new construction projects and will work closely with everyone involved to protect your lien rights, which may include taking legal action against parties who are attempting to take advantage of your participation.

Insurance Coverage Disputes

Insurance companies are in the business of making money. They only pay valid claims when they are legally required to, and they will fight any claim that they consider is not worth their time or money.

At Laws & Beyond, we work with customers who require assistance understanding their rights under an insurance plan or policy. We defend clients who have filed insurance claims against insurance companies, particularly those involving commercial damages.

We can help you with coverage entitlements, claims administration, denial of coverage, subrogation rights, third-party responsibility issues, and other issues that may occur between you and your insurer.

Labour and Employment Law

Our lawyers help employees and employers with all their employment law needs. Whether you are an individual who believes your rights have been breached or a company that wants clear advice on how to create and maintain compliant and effective workplace policies, we can help. We offer proactive advice at the start of a new career to make sure all documents and practices comply with the law, and we will fight hard for our clients’ rights in the event of an employment dispute.

The lawyers at Laws & Beyond can help you make sense of your working relationship and provide you advice on how to keep it balanced and productive. If a dispute arises, we are committed to representing all parties involved, including small business employers, and we will collaborate with you to find a constructive and practical solution.

Professional Liability

When offering services to the public, medical practitioners, lawyers, accountants, architects, engineers, insurance professionals, and many other licensed professionals face various liability concerns. We assist our professional clients in determining their obligations to their clients or consumers in terms of diligence, mistakes and omissions, and fiduciary duty.

We are also skilled at helping clients avoid problems in the first place by giving clear advice and drafting appropriate documentation.

We can assist you if you are a professional with questions about your professional liability coverage or prospective lawsuits against you. We also represent professionals who are subject to claims and investigations by regulatory bodies and other government agencies, so you can rely on our knowledge no matter what problem you’re facing.

Real Estate Litigation

Laws & Beyond is a leading firm in the field of real estate litigation. We work with clients on a wide range of issues, including easement disputes, restrictive covenant violations, and title claims.

We know how to defend our customers’ interests throughout the land transaction process, from property inspections through closing, so they never have to worry about hidden issues after the sale.

We also work with title insurers and real estate experts who are dealing with legal concerns arising from a transaction’s disputed issues, such as erroneous or missing surveys or wrong property appraisals. We can assist you in resolving these conflicts calmly and efficiently before they escalate into costly and time-consuming litigation.

Restrictive Covenant and Trade Secrets

Protecting your business from the theft of trade secrets and confidential information is a top priority for any company. We assist both organisations and individual employees who have personal knowledge or abilities that could be utilised to hurt the firm if exploited.

We have considerable expertise defending businesses against unfair competition through restrictive covenants, non-compete provisions, and fiduciary duty claims, as well as defending employees against wrongful dismissal. We can analyse employment contracts and severance agreements to ensure that they contain appropriate restrictions on competition and client solicitation, and if necessary, we will take litigation action on behalf of our clients.

Trusts, Wills & Estates Litigation

We offer clear, straightforward advice when you are making your will or dealing with the estate of a loved one. We draft all types of wills, including testamentary trust documents, to ensure they comply with Canadian legislation.

We also represent clients who have been named in someone else’s will, clients who wish to challenge a will, and beneficiaries who need help administering an estate.

We can also help with estate disputes, including undue influence or claims against an estate. Our firm has the resources and experience to represent estates in a variety of issues, so you can rest easy knowing that your loved one’s final intentions are being carried out.

Our Difference is Expertise - Talk to Us Today!

There is a lot of competition in the legal industry. So how do you find a law firm that will best serve your needs?

When you come to Laws & Beyond, we will take the time to listen carefully before giving you practical, and straightforward advice tailored to your individual needs. Our lawyers can assist you on any potential legal concerns because we have both litigation and technical practises under one roof.

Our legal staff is ready to defend your rights in court, but we never lose sight of the bottom line. At every stage of a transaction or dispute, we work hard to help our clients avoid litigation by offering sound counsel and comprehensive documentation.

We understand that our clients are worried about legal expenses, so we make every effort to adhere to budgets and keep our fees fair. We understand how critical it is for both the client and ourselves to give exceptional value for money.

Civil Litigation

Please reach us at info@lawsnbeyond.com if you cannot find an answer to your question.

When does my claim expire?

Although there are some exceptions, you must file your Civil Claim or Statement of Claim with the Court within two years of the occurrence of the event. For instance, if you were in a car accident on April 30, 2020, you must file your Statement of Claim with the court by April 29, 2022.

Furthermore, after filing your Civil Claim or Statement of Claim, you must promptly serve the Defendants to notify them that they are being sued.

Should I file my claim with the Provincial Court or the Court of King’s Bench?

If your claim is for less than $50,000.00, you should file it in Alberta’s Provincial Court. The Provincial Court process has fewer procedural steps and is usually less expensive than the Court of King’s Bench process. However, in certain circumstances, you must file you must file with the Court of King’s Bench, even if your claim is less than $50,000.00. For instance, in order for a builder’s lien to be enforced, a Statement of Claim must be submitted at the Court of King’s Bench, and a Lis Pendens must be registered.

Any claims in excess of $50,000.00 must be filed with the Alberta Court of King’s Bench.

Frequently Asked Questions

Please reach us at info@lawsnbeyond.com if you cannot find an answer to your question.

1. What is civil litigation?

Civil litigation is a legal process in which two or more parties are involved in non-criminal and non-family legal matters. These disputes typically involve one party seeking monetary compensation (damages) or a specific action (performance) from another party to resolve a conflict.

2. What types of civil litigation cases does Laws & Beyond handle?

The firm handles a wide variety of disputes, including:

Breach of contract and commercial disputes.
Debt recovery and collections.
Property and real estate disputes.
Construction disputes (including builders’ liens).
Shareholder and partnership disputes.
Fraud
Defamation

3. What is the first step in starting a civil lawsuit?

The process usually begins with a Demand Letter, where a lawyer outlines your claims and requests a settlement. If the dispute is not resolved, the formal legal process begins by filing and serving a Statement of Claim, which details the facts of the case and the relief sought.

4. What should I do if I have been served with a "Statement of Claim"?

If you are served with a lawsuit, you must act quickly. You generally have a limited window (usually 20 days if served in Alberta) to file a Statement of Defence. Failure to respond in time can result in a “noting in default,” meaning the plaintiff could win the case automatically without your input.

5. What is the "Discovery" phase of litigation?

Discovery is a critical stage where both parties exchange relevant documents and participate in “Questioning” (formerly known as examinations for discovery). This allows each side to understand the evidence and witnesses the other side intends to use, which often leads to settlement discussions.

6. Can my dispute be settled without going to trial?

Yes. In fact, the majority of civil cases in Alberta are settled before reaching a full trial. Laws & Beyond emphasizes Alternative Dispute Resolution (ADR), such as mediation or Judicial Dispute Resolution (JDR), to reach a faster and more cost-effective conclusion.

7. How does the firm handle debt recovery?

For businesses or individuals owed money, the firm assists in recovering outstanding debts through formal demand letters, obtaining court judgments, and using enforcement measures like garnishing wages or seizing assets if the debtor refuses to pay.

8. What are construction and builders' lien disputes?

These disputes often involve disagreements between contractors, subcontractors, and property owners regarding payment or quality of work. Laws & Beyond helps clients navigate the Builders’ Lien Act, ensuring that liens are properly registered or defended against within strict legal timelines.

9. How long does a civil litigation case take to resolve?

The timeline varies significantly depending on the complexity of the case, the amount of evidence involved, and the willingness of both parties to negotiate. Some cases settle in a few months through mediation, while complex trials can take several years.

10. Why is it important to have a litigation lawyer rather than representing myself?

Civil litigation involves complex procedural rules, strict filing deadlines, and intricate laws of evidence. A lawyer from Laws & Beyond provides the strategic advocacy needed to protect your interests, manage the heavy documentation, and navigate the Court of King’s Bench or Provincial Court effectively.