Small claims Court: A Venue made for self-represented litigants.

• Author: Bowal, Peter

Introduction

A few years ago, while stopped on a major road in congested Calgary commuter traffic, our vehicle was struck from behind by another vehicle. We were hit with such force that our car was pushed into the car in front of us. The road and visibility were excellent and we all knew the cause of the collision when the clueless driver from behind alighted with cell phone firmly planted in her hand. She offered no other explanation for her inattention.

We exchanged personal information and were on our way. As it turned out, this collision left us with a few minor whiplashes, a $300 mechanics bill and scratches on our car. When we tried a few days later to follow up with the distracted driver who had slammed into us, she feigned complete ignorance and indignation. She pretended not to have the haziest idea what we were talking about. Out of fear or panic, or discernment, she hung up. We knew we would never receive an apology, much less modest compensation.

Obtaining financial compensation from other individuals or companies is always a challenge, even when liability for it is clear. The obstacles to recovering compensation are considerable: including launching, winning and then collecting from a lawsuit. It is an expensive, technical and time-consuming process and (because it is a human process) the outcome is never certain. For these reasons, voluntary, non-litigation alternatives to recovering compensation, such as negotiation, mediation and arbitration, are much touted.

However, litigation provides one major advantage, which is to force the other side to deal with the issue. The other good news about litigation is that there is a consumer, or layperson, form of litigation, generally known as small claims procedure, where technicality, expense and time for the parties is reduced. This article describes that procedure in Alberta. The other provinces and territories have very similar procedures.

Preparation

Occasionally, an agency or department of government may be able to help. A claim and remedy may be pursued by the Human Rights Commission, the department of Occupational Health and Safety, the Employment Standards Branch (if you are owed wages) and Service Alberta, which assists with some consumer problems.

At the minimum, you can:

* try a form of alternate dispute resolution (ADR);

* attempt to talk about the problem with the other side and try to settle it directly; or

* send a demand letter. It sets out the facts, and full basis...