Understanding The Queen’s Bench Court
The Court of Queen’s Bench is often referred to as QB. It is the Superior court in Alberta. In Calgary, the Court of Queen’s Bench is in the main court complex downtown. Our Calgary Court of Queen’s Bench lawyers have many years experience in this court. While a superior court, the Court of Queen’s Bench is not the court of appeal. Kahane Law can help you in QB. Call today 403-225-8810.
Types of Matters Heard In QB
Court of Queen’s Bench lawyers appear at this level of court for many issues. While 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 they types of issues that can be raised at this level of court. As long as the matter has not been heard before, in which case the Court of Appeal is the proper venue, this level of court is not restricted on the types of issues that can be heard.
Types of Orders Heard by Alberta Superior Courts
Our Calgary Court of Queen’s Bench lawyers can bring applications for a wide range of court applications at this level of court. A small list of examples include:
- Protection Orders (for people and things)
- Adjournment applications
- Specific Performance
- Substitutional Service Orders
- Interlocutory Orders (Orders within a bigger matter)
- Equitable Orders
- Replevin Orders
- Judicial Reviews
- Distress Orders
- Restraining Orders
Court of Queen’s Bench Process
The following is an abbreviated summary of process used by Court of Queen’s Bench lawyers in applications and law suits. Before any claim is filed, a demand letter or cease and desist letter is often sent in an attempt to settle matters efficiently.
Starting a Court Claim or Order Application
Actions brought by Court of Queen’s Bench lawyers are started by either a statement of claim or a notice of motion. A statement of claim usually starts a law suit for monetary damages. Court of Queen’s Bench lawyers use a notice of motion for applications asking the court to grant and order forcing, or enforcing, someone else to do something. If both are being asked for, they can be raised in a statement of claim.
Disclosure of Documents
In order to encourage settlement the court required full disclosure of documents to be relied on during a trail. You are not permitted to “surprise” the other side with last minute documents at trail. Unless exempted specifically, all material documents must be disclosed even if they are harmful to your position.
Much like documents are required to be disclosed, testimony must be disclosed as well. Parties can question the other side on all matters related to the law suit. Discoveries are done under oath and are often recorded by a stenographer so that the transcripts can be read into court or used of someones testimony changes at trial. Discoveries are done in the presence of your Court of Queen’s Bench lawyer.
QB Interlocutory Hearings
If necessary, the court can rule on matters before trial. An application can be made to have assets protected form liquidation, on the admissibility of certain evidence, restraining parties from certain actions, etc.
The QB trail is when the court hears the evidence. Evidence can be oral testimony, presented documents, or material things. The judge is the also presented with the relevant case law and legislation by the Court of Queen’s Bench lawyers. 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. The judge will the hand down their ruling and decision.
Court of Queen’s Bench Lawyers in Calgary
To schedule an appointment with one of our Court of Queen’s Bench lawyers, please contact our experienced team at Kahane Law Office. CONNECT NOW. Call us now at 403-225-8810 or toll-free at 1-877-225-8817, or email us 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.