Understanding The Court of King’s Bench
Calgary Court of King’s Bench
The Court of King’s Bench used to be the Court of Queen’s Bench. With the passing of Queen Elizabeth II, and with the new King, the name of the court has changed. The Court of King’s Bench is the Superior court in Alberta. In Calgary, the Court of King’s Bench is in the main court complex downtown. Our Calgary Court of King’s Bench lawyers have many years experience in this court. While a superior court, the Court of King’s Bench is not the court of appeal. Rather, it addresses applications that may not apply in Provincial Court. Kahane Law can help you in in King’s Bench.
Types of Matters Heard In King’s Bench
Court of King’s Bench lawyers appear at this level of court for many issues. While Provincial Court, also referred to as small claims court, is limited to action under $100,000, there is no such limit at the Court of Queen’s Bench. Court of Queen’s Bench lawyers represent clients for areas of law ranging from criminal to commercial litigation, family law to estate matters. There are virtually no limits on the types of issues that this level of court can address. The only time this Court should not hear a matter is if the action is under $100,000, or if another Court has already heard the matter. If it is the latter, the Court of Appeal is the proper venue to address your issue.
Types of Orders Heard by Alberta Superior Courts
Our Calgary Court of King’s Bench lawyers can bring applications for a wide range of court applications at this level of court. A small list of examples include:
- Judgements
- Protection Orders (for people and things)
- Adjournment applications
- Specific Performance
- Substitutional Service Orders
- Injunctions
- Interlocutory Orders (Orders within a bigger matter)
- Equitable Orders
- Replevin Orders
- Judicial Reviews
- Distress Orders
- Restraining Orders
- Foreclosure
Court of King’s Bench Process
The following is a summary of process the Court of King’s Bench lawyers use in applications and law suits. Before filing a claim, a demand letter or cease and desist letter is often sent in an attempt to settle matters efficiently.
Step 1: Starting A Court Claim Or Order Application
Actions brought to Court of King’s Bench start by either a statement of claim or a notice of motion. A statement of claim usually starts a law suit for monetary damages. Lawyers use a notice of motion for applications asking the court to grant an order forcing, or enforcing, someone else to do something. If your lawyer is asking for both, they will raise the issues in a statement of claim.
Step 2: Disclosure Of Documents
In order to encourage settlement the court requires full disclosure of documents that lawyers will rely on during a trail. You are not permitted to “surprise” the other side with last minute documents at trail. Unless specifically exempt, disclosure of all material documents is necessary, even if they can be harmful to your position.
Step 3: Discoveries
Much like requirement of document disclosure, testimonies also require disclosure. Parties can question the other side on all matters related to the law suit. Discoveries happen under oath. In addition, a stenographer will often record the transcripts so they can be on record in court. This is done so lawyers can rely on someone’s testimony if it changes at trial. Discoveries take place in the presence of your lawyer.
Step 4: Interlocutory Hearings
If necessary, the court can rule on matters before trial. An application can be made to have assets protected from liquidation, on the admissibility of certain evidence, restraining parties from certain actions, etc.
Step 5: Trials
A King’s Bench trail is when the court hears the evidence. Evidence can be oral testimony, presented documents, or material things. The lawyers will also present relevant case law and legislation to the judge. Once the evidence and the cases are presented, the judge will decide as to what evidence is ruled to be the “truth” and which case law or legislation best applies. After hearing all the evidence, the judge will the hand down their ruling and decision.
Court of King’s Bench Lawyers in Calgary
Please reach out to us anytime for the help you need from one of our experienced lawyers! Call us in Calgary or surrounding area at 403-225-8810 or if you live in the Edmonton area please call (780) 571-8463. Alternatively, email often allows us to connect you to a lawyer quicker. Please email our Court of King’s Bench Lawyers directly here.
This article is intended for informational purposes only. Readers are cautioned that this article does not constitute legal or professional advice and should not be relied on as such. Please note that the law is constantly changing and while the article is current at the time it was posted, the law may have changes since. Readers should obtain specific legal advice in relation to the issues they are facing.