Alberta's Court of Justice hears civil claims up to $100,000 — the highest small-claims limit in Canada — and you can file a Civil Claim online. This guide covers filing, serving the borrower, mediation, the evidence that proves a loan, and the two-year limitation clock.
If you're owed money in Alberta, you have an advantage no other province offers: the highest small claims limit in Canada. The Alberta Court of Justice hears civil claims up to $100,000, so even a sizeable family loan can be pursued in a fast, low-cost, self-representation-friendly court instead of a formal one. Here's how recovering an unpaid loan works in Alberta.
Alberta has the most generous small claims ceiling in the country: the Alberta Court of Justice (formerly Provincial Court) hears civil claims up to $100,000. For a family loan, that effectively means you'll almost never be forced into the slower, pricier Court of King's Bench.
Why Alberta's $100,000 limit changes the calculation
In most provinces, a large loan can blow past the small claims ceiling and land you in a higher court with formal rules and real legal cost. Alberta doubled its limit to $100,000 on August 1, 2023, so that pressure largely disappears. Whether you're owed $3,000 or $90,000, the same accessible, self-representation-friendly court handles it.
Court of Justice vs. Court of King's Bench
The Alberta Court of Justice is built for speed and accessibility — fewer mandatory pre-trial steps, simpler procedure, and judges now titled "Justices." The Court of King's Bench, where claims over $100,000 go, follows the full Rules of Court: more disclosure, more process, more expense. For a typical unpaid loan, the Court of Justice is exactly where you want to be.
Filing your civil claim
You begin with a Civil Claim setting out the defendant, the amount, and the facts of the loan. Alberta offers online filing through its court services, and hearings can often be held by video. Attach your proof the money was advanced and was understood as a loan — bank transfers, messages, any written agreement — and pay the filing fee.
Mediation and the pre-trial conference
Alberta encourages resolution before trial. Many Court of Justice claims pass through mediation or a pre-trial conference, where a neutral party or a Justice helps the sides try to settle. A well-documented loan often settles here, because the borrower can see how the evidence points.
Costs you can recover
When the limit rose, Alberta also updated its tariff of recoverable costs, so a successful claimant can recover a more predictable share of their expenses. It won't make litigation free, but it improves the math on pursuing a legitimate debt.
If your loan tops $100,000
Above $100,000, you're into King's Bench territory. At that level — and that's a substantial family loan — the formality and cost make solid documentation and, often, legal advice genuinely worthwhile.
Common questions
How much can I sue for in Alberta?
Up to $100,000 in the Alberta Court of Justice — the highest small claims limit in Canada, in place since August 1, 2023. Almost any family loan fits comfortably. Claims above $100,000 go to the Court of King's Bench.
What's the difference between the Court of Justice and King's Bench?
The Court of Justice (formerly Provincial Court) uses simpler, faster, lower-cost procedures designed for self-represented people. King's Bench is more formal and expensive. For a loan under $100,000 you stay in the Court of Justice.
How long do I have to sue in Alberta?
Generally two years from when you knew, or ought to have known, the loan was unpaid, under Alberta's Limitations Act. There's also a 10-year ultimate cap. A written acknowledgement can reset the two-year period.
Give your loan clear evidence from day one
The strongest claim is one backed by a signed agreement. LendRight builds one both people e-sign in minutes, so your evidence is locked in long before any dispute. Free to draft.
Create my loan agreement →General information for Alberta, not legal advice; LendRight is not a law firm. Court limits, fees and limitation rules change — confirm the current figures with the Alberta Court of Justice before filing.
We write plain-language guides on lending between family and friends in Canada, reviewed against current provincial and CRA rules. LendRight is not a law firm — this is general information, not legal advice.