Suing someone can feel intimidating because the legal system has unfamiliar court procedures, strict deadlines, and a lot of paperwork. In this guide, we walk you through the practical steps to start a civil lawsuit in Canada in plain language so you can make informed decisions (and avoid expensive mistakes).
Important note: This article is general information, not legal advice. Court rules in Canada vary by province, tribunal, and claim type. Whether your situation has higher stakes (large money amounts, personal injury, urgent Court Order requests, or complex issues), it’s worth getting tailored advice from a qualified lawyer.
What Does it Mean to Sue Someone?
To sue someone means you start a civil legal process in a court (or sometimes a tribunal) and ask a judge to make an enforceable decision about a dispute.
When you sue someone, you’re saying:
- “This person (the defendant) wronged me / breached an obligation / caused a loss.”
- “Here’s the evidence.”
- “I want a specific remedy.”
At Bhardwaj+Co, our team can assess your claim, identify the right court or tribunal and jurisdiction, and build a practical strategy around evidence, deadlines, and settlement—so you’re not guessing at procedures or risking avoidable mistakes.
Most Common Reasons People Sue Someone in Canada
People don’t go to court because they want conflict; they go because they need a legal decision that resolves a dispute and creates enforceable consequences. When we assess whether a lawsuit (or other court action) makes sense, we usually see the same core drivers across Canada:
Business and contract disputes
A large share of civil claims are about agreements that weren’t followed—or money that wasn’t paid. Common examples include:
- Breach of contract (a vendor, customer, or partner doesn’t deliver what the deal required)
- Unpaid invoices / unpaid services (collections and payment disputes)
- Misrepresentation in a deal (what you were told doesn’t match reality)
- Shareholder/partnership disputes (decision-making power, buyouts, misuse of funds)
- Commercial lease issues (rent arrears, property damage, repairs, early termination)
- Negligence claims causing financial loss (professional or service-provider mistakes)
Employment disputes
Workplace conflicts can turn into court litigation or, depending on the issue, be routed through regulators or tribunals. The most common reasons include:
- Wrongful dismissal or severance disputes (termination without proper notice/pay)
- Unpaid wages, overtime, vacation pay, or commissions
- Breach of employment contract (confidentiality, non-solicit, repayment clauses)
- Workplace harassment or discrimination-related issues (often tribunal-driven, but sometimes connected to court claims)
Personal injury and negligence
Personal injury lawsuits often start when someone is hurt and the insurer or responsible party disputes fault, damages, or the value of the claim. Common drivers include:
- Motor vehicle accidents
- Slip-and-fall / premises liability (unsafe property conditions)
- Negligence claims involving a business, professional, or service provider
- Insurance disputes about coverage, benefits, or compensation (process varies by province)
Family law disputes
In family law, people don’t always describe it as “suing,” but the goal is similar: ask the court to make a binding decision and issue a Court Order. Common reasons include:
- Divorce and separation-related proceedings
- Child support and spousal support (setting, changing, or enforcing payments)
- Parenting disputes (decision-making, parenting time, relocation issues)
- Property division and equalization-style disputes (depending on jurisdiction)
- Enforcing or challenging a separation agreement
- Urgent motions where time-sensitive orders are needed (for safety, parenting, or financial restraint)
Unsure where to start? Request a confidential consultation
What You Must Prove During a Lawsuit: Evidence, Witnesses, and Experts
Evidence: what wins (and what weakens) a claim
A case is only as strong as the evidence you can present:
Documents and exhibits
Contracts, invoices, photos, texts, emails, medical records, repair estimates—these are often your best exhibits.
Witnesses and experts
If the facts are disputed, witnesses matter. For technical disputes, an expert report may be necessary.
Hearsay and credibility
“Hearsay” issues can arise when someone tries to prove facts through secondhand statements. Even in more informal settings, credibility still matters.
Cross-examination at trial
If your case goes to trial, expect cross-examination to test accuracy, consistency, and reliability.
Two Key Questions Before You File a Claim
1. Do you need court, or can you resolve the dispute earlier?
Many dispute pathways don’t start with a lawsuit. Before we recommend filing, our team usually checks whether negotiation, mediation, or another alternative dispute resolution option is realistic (and cheaper).
Demand letters and negotiation
A strong demand letter (what happened, what you want, deadline, supporting proof) can trigger settlement—without a judge ever seeing the file.
Arbitration with an arbitrator
Some contracts require arbitration. In Alberta, for example, domestic arbitration is governed by the Arbitration Act, RSA 2000, c A-43. If you have an arbitration clause, a court might pause the lawsuit and require arbitration first (this is fact-specific—get advice).
2. Is your claim in the right jurisdiction?
Jurisdiction means the correct place to file—both geographically and by court/tribunal type. Where you live matters, where the events happened matters, and what you’re suing for matters.
Courts vs tribunals
Not every legal issue goes to a traditional court. Some disputes are designed for specialized tribunals (and they often have their own rules and portals).
Choosing the Right Court or Tribunal for Your Civil Claim
Small Claims Court
If your dispute is primarily about money and falls within the small claims limits for your province, Small Claims Court may be the right fit. In Alberta, most “small claims” matters are handled through the Alberta Court of Justice (Civil Division). To start, you file a Civil Claim at any Alberta Court of Justice courthouse (the filing fee depends on the claim amount—e.g., $100 for claims up to $7,500 and $200 for claims over $7,500 up to $100,000).
Superior Court and higher courts
For larger or more complex cases, people may end up in a superior court. In Alberta, the superior trial court is the Court of King’s Bench of Alberta. Matters there are governed by more formal Rules of Court (including the Alberta Rules of Court) and can involve expanded pre-trial steps—like document disclosure, questioning (examinations), and motions—before the case proceeds to a pre-trial conference or trial.
How to File a Lawsuit in Canada: Step-by-Step
Step 1: Identify the correct parties (plaintiff and defendant)
The plaintiff is the person (or company) suing. The defendant is the person (or company) being sued.
Naming matters
If you sue the wrong legal entity, you will only be losing time and money—even if your story is right. This is where legal review helps.
Step 2: Draft the Civil Claim
When you file, you complete the required sections of the Civil Claim form plus the correct attachment for your type of claim (the form is designed with attachments for common claim types).
You generally need:
- what happened (timeline)
- what legal issues you rely on (e.g., breach of contract, negligence)
- what you want (your remedies, usually money damages)
Step 3: File and pay filing fees
Most courts require filing fees, and the filing method depends on the province and court.
Online filing vs in-person filing
Many systems now use an online website portal or e-filing tool, but some still require mail or in-person filing at a registry. For example, in the Alberta Court of Justice Civil, you file your Civil Claim at a courthouse (not through a general public e-filing portal).
Step 4: Service (legally deliver court documents)
Even a perfect claim can collapse if the defendant isn’t served correctly. Courts take service seriously because it’s about procedural fairness.
Common servicing methods
You may see:
- personal service
- registered mail
- service by email (allowed in some circumstances/rules)
- courier or other permitted alternatives
Alberta has a one-year deadline to serve the filed Civil Claim (renewal possible by order).
If the Defendant Doesn’t Respond
If the defendant doesn’t respond within the required time after being properly served, you can usually move the case forward without their participation. Depending on the court and the type of claim, that may mean asking the court to note the defendant in default and then requesting a Default Judgment—a court decision in your favour based on your filed claim and proof of service.
Even then, the court may require specific forms, timelines, and supporting information, and you may still need separate steps to enforce the judgment if the defendant doesn’t pay voluntarily.
How Bhardwaj+Co Helps You File a Lawsuit
At Bhardwaj+Co, we help you file the right claim the right way—without guessing at court procedures. Our team can:
- Confirm the correct parties (plaintiff/defendant) and legal names
- Identify the proper court and jurisdiction for your dispute
- Draft and review your Civil Claim and supporting legal documents
- Plan and execute compliant service (with the right proof of service steps)
- Develop a settlement approach through negotiation or mediation where appropriate
- Prepare for the next stages if the matter escalates (responses, conferences, trial planning)
We’ll build a solid strategy for service, settlement, and enforcement, so your case stays focused, compliant, and practical from day one.
Practical Red Flags When Suing Someone in Canada
High-stakes or complex civil litigation
We strongly recommend speaking with a lawyer if your case involves:
- significant damages (large claim value)
- serious personal injury or negligence claims
- allegations like fraud, defamation, breach of trust, or misrepresentation
- urgent relief (injunction-style requests, preservation orders, time-sensitive evidence)
- complicated party structures (corporations, multiple defendants)
- meaningful limitation period risk (limitation period mistakes can end a case before it starts)
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Lawsuits in Canada | FAQs
What evidence do I need to sue someone?
Strong cases rely on documents and credible proof: contracts, invoices, emails, texts, photos, and records. Witness evidence can matter too. In larger cases (often in superior court), you may face formal pre-trial steps like document exchange and questioning. In streamlined forums (like many provincial ‘small claims’ processes), procedures can be simpler and more conference-driven.
What is an Affidavit of Service, and why is it important?
An Affidavit of Service is a sworn document proving the defendant was served properly. Courts rely on it to confirm notice and move the file forward, including default steps. If service proof is missing or incorrect, your claim can be delayed or dismissed.
How long do I have to sue someone (limitation period)?
Most provinces have a limitation period set by Statute, and missing it can end your case before it starts. The clock can depend on when you discovered the issue, the claim type, and the forum. Get legal advice if timing is unclear.
What happens if the defendant doesn’t respond?
If the defendant doesn’t respond in time after proper service, you may be able to note them in default and seek a default-type judgment. Even then, you usually must file specific forms, prove service, and show your claim is properly supported.
Do most lawsuits settle, or do they go to trial?
Many civil claims resolve through negotiation or mediation. Courts may schedule a settlement conference or pre-trial conference to push resolution before trial. Settling can reduce time, cost, and risk, but it depends on evidence strength and the other side’s position.
After I win, how do I collect—enforcing the judgment?
A judgment doesn’t always mean immediate payment. Enforcing the judgment may require additional steps, depending on the province—like garnishment or other enforcement tools. Some judgments may include judgment interest, but collection can still take time.
Is the process the same across Canada (Alberta, Saskatchewan, BC)?
The framework is similar—claim, service, response, evidence, resolution steps, trial, enforcement—but forms and rules vary. For example, Saskatchewan has distinct small-claims processes (including regional options like Regina Small Claims and Saskatoon Small Claims), and BC has the CRT for some disputes.