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CIVIL LITIGATION

​Navigating a legal dispute can be overwhelming, but you don’t have to go through it alone. Civil litigation in Alberta helps individuals and businesses resolve conflicts—whether it’s a contract disagreement, property issue, or personal injury claim. Our goal is to guide you through the process with clarity and confidence. From early negotiations to trial representation, we work to find the best resolution for your unique situation. With experience and dedication on your side, we’re here to protect your rights and help you move forward. Let’s find the right solution together.

Plaintiff & Defendant Negotiation

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What is Plaintiff & Defendant Negotiation?

  • Plaintiff and defendant negotiation is the process of resolving legal disputes outside of court through settlement discussions. These negotiations aim to reach a fair agreement that satisfies both parties without the need for prolonged litigation.

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  • Why is Negotiation Important?

    • Saves time and legal expenses.

    • Provides more control over the outcome.

    • Reduces stress and uncertainty compared to court proceedings.

    • Encourages mutually beneficial resolutions.

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  • Key Stages of Plaintiff & Defendant Negotiation:

    1. Case Assessment – Analyzing the strengths and weaknesses of each party’s position.

    2. Exchange of Settlement Offers – Presenting demands, counteroffers, and terms of resolution.

    3. Mediation & Alternative Dispute Resolution (ADR) – Utilizing third-party mediators or arbitration if necessary.

    4. Final Agreement & Documentation – Drafting and signing a legally binding settlement.

    5. Enforcement of Settlement Terms – Ensuring compliance with the negotiated terms.

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  • Factors That Influence Negotiation Outcomes:

    • Legal Merits of the Case – The strength of evidence and legal arguments.

    • Willingness to Compromise – Flexibility in reaching an agreement.

    • Financial & Emotional Considerations – Costs of litigation versus settlement benefits.

    • Timing of Negotiation – Engaging in discussions at the right stage of the dispute.

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If you need assistance in plaintiff and defendant negotiations, our legal team can provide strategic guidance to help secure a favorable outcome.

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Leg Injury
Leg Injury

Personal Injury

Personal Injury in Alberta

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  • What is Personal Injury Law?
    Personal injury law provides legal remedies for individuals who have suffered harm due to someone else's negligence or intentional actions. In Alberta, injured parties may seek compensation for medical expenses, lost income, and pain and suffering.

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  • Common Types of Personal Injury Cases in Alberta:

    • Motor vehicle accidents (car, motorcycle, and truck collisions).

    • Slip and fall accidents.

    • Workplace injuries.

    • Medical malpractice.

    • Product liability claims.

    • Assault and intentional harm cases.

    • Wrongful death claims.

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  • The Personal Injury Claim Process in Alberta:

    1. Seeking Medical Attention – Prioritizing health and obtaining medical records.

    2. Gathering Evidence – Collecting witness statements, photos, and reports.

    3. Filing a Claim – Submitting a claim with insurance providers or at-fault parties.

    4. Negotiation & Settlement – Attempting to resolve the claim through negotiations.

    5. Litigation if Necessary – Taking legal action if a fair settlement cannot be reached.

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  • Key Considerations in Alberta Personal Injury Cases:

    • Time Limits (Limitation Periods) – Most personal injury claims must be filed within two years.

    • Insurance Requirements – Alberta’s auto insurance system impacts motor vehicle claims.

    • Proving Negligence – Demonstrating the at-fault party’s liability is crucial.

    • Compensation Types – Includes economic (medical bills, lost wages) and non-economic (pain and suffering) damages.

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If you or a loved one has suffered a personal injury, our experienced legal team can help you navigate the claims process and secure fair compensation.

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Property Damage Claims

​What is a Property Damage Claim?
A property damage claim arises when an individual or business suffers damage to their property due to negligence, accidents, natural disasters, or intentional acts. These claims seek financial compensation for repair or replacement costs.

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  • Common Types of Property Damage Claims:

    • Damage from car accidents (to personal or commercial property).

    • Fire, water, or storm-related damage.

    • Construction defects and structural failures.

    • Landlord-tenant property damage disputes.

    • Insurance disputes regarding property damage coverage.

    • Vandalism and intentional property destruction.

  • The Property Damage Claim Process:

    1. Assessment of Damage – Evaluating the extent of property loss or destruction.

    2. Filing an Insurance Claim – Submitting the claim to the responsible insurer.

    3. Negotiation with Insurance Companies – Ensuring fair compensation for damages.

    4. Legal Action if Necessary – Pursuing a lawsuit if an insurance claim is denied or undervalued.

    5. Settlement or Court Decision – Resolving the dispute through negotiation or legal proceedings.

  • Key Considerations for Property Damage Claims:

    • Timelines for Filing – Deadlines apply for insurance claims and legal actions.

    • Evidence Collection – Photos, repair estimates, and expert assessments strengthen claims.

    • Insurance Policy Review – Understanding coverage limitations and exclusions.

    • Legal Representation – Ensuring proper negotiation and fair compensation.​

 

If you have suffered property damage and need legal guidance, our team is here to help protect your rights and secure the compensation you deserve.

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Police Cars

Emergency Protection Orders 

Emergency Protection Orders (EPOs)

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  • What is an Emergency Protection Order (EPO)?
    An Emergency Protection Order (EPO) is a court order designed to protect individuals from immediate harm due to family violence, harassment, or threats. It places legal restrictions on the respondent to prevent contact with the applicant.

  • Who Can Apply for an EPO?

    • Individuals experiencing family violence, including physical, emotional, psychological, or financial abuse.

    • Anyone fearing for their safety due to harassment or threats.

    • A police officer or designated professional can also apply on behalf of a victim.

  • How to Obtain an Emergency Protection Order in Alberta:

    1. Filing an Application – EPOs can be requested through the Provincial Court or, in urgent situations, through the police.

    2. Judicial Review – A judge will assess whether immediate protection is necessary based on the evidence presented.

    3. Issuance of the EPO – If granted, the order will impose restrictions on the respondent, such as no-contact provisions and removal from the residence.

    4. Court Hearing for Review – Within a set timeframe (usually within 9 days), the Court of King's Bench will review the order to determine if it should remain in place, be modified, or be revoked.

  • Key Considerations for EPOs:

    • Urgency – EPOs are designed for situations requiring immediate protection.

    • Enforceability – Violating an EPO can result in legal consequences, including arrest.

    • Legal Assistance – Seeking legal counsel ensures proper filing, representation, and protection of rights.

 

If you need assistance with an Emergency Protection Order, our team is here to help navigate the process and protect your safety.

Contractual/Insurance Disputes 

What are Contractual & Insurance Disputes?
Contractual and insurance disputes arise when parties disagree over the terms, obligations, or enforcement of a contract or insurance policy. These disputes can involve businesses, individuals, or insurance providers.

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  • Common Types of Contractual & Insurance Disputes in Alberta:​

    • Disputes over contract interpretation

    • Misrepresentation or fraud in contracts

    • Insurance claim denials and disputes

    • Coverage disputes with insurance providers

    • Bad faith insurance claims

    • Commercial lease disputes

    • Construction contract disputes

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  • Breach of contract claims

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  • The Contractual & Insurance Dispute Resolution Process:

    1. Reviewing the Contract or Policy – Assessing the terms, obligations, and legal standing.

    2. Negotiation & Settlement Discussions – Attempting to resolve the dispute amicably.

    3. Mediation & Arbitration – Exploring alternative dispute resolution methods.

    4. Litigation & Court Proceedings – If necessary, filing a claim in court.

    5. Enforcement of Judgments – Ensuring compliance with court rulings.

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  • Key Considerations in Contractual & Insurance Disputes:

    • Timeliness – Legal deadlines apply to filing claims and disputes.

    • Policy & Contract Interpretation – Ensuring a proper understanding of terms and obligations.

    • Legal Representation – Skilled advocacy can help negotiate fair settlements or win cases in court.

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Resolving contractual and insurance disputes requires a thorough understanding of legal rights, timely action, and skilled negotiation. Whether through settlement discussions, mediation, or litigation, having the right legal support can make a significant difference in achieving a fair outcome. If you are facing a contractual or insurance dispute, seeking professional legal guidance can help protect your interests and ensure a favorable resolution.

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2024 Concise Law Alberta

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