A civil action for an amount in excess of $50,000, or outside of the jurisdiction of the Provincial Court, is commenced in the Court of Queen's Bench by way of Statement of Claim within 2 years of a date of loss. The Statement of Claim delineates the nature of the claim, the facts establishing the claim, the allegations against the defendant respecting liability to the plaintiff and the amounts being sought for all heads of damage being claimed. Once filed, the plaintiff has 12 months to serve it on the defendant.

Once the defendant is served, they have 20 days to file a Statement of Defence or a Demand of Notice if they are served within Alberta; 1 month if they are served outside Alberta, but within Canada; and 2 months if served outside Canada. If the defendant has a counterclaim against the plaintiff it is filed concurrently with the Statement of Defence. A defendant by counterclaim has the same time requirements to file a Statement of Defence to counterclaim. Recent case law suggests that a counterclaim must be filed within 2 years from the date of loss.

If there is a co-defendant from whom a defendant is seeking contribution and indemnity, then the defendant has 20 days from filing their Defence to file and serve a Notice of Claim Against Co-Defendant. If there is another party the defendant seeks to add to the litigation, a Third Party Claim must be filed and served within 6 months of the Statement of Defence. The Statement of Defence to Third Party Claim has the same timelines for filing as a Statement of Defence. A plaintiff may file a Reply to a Statement of Defence and has 10 days to do so after being served with the Statement of Defence. Similarly, the plaintiff may file a Reply to Third Party Statement of Defence within 10 days of being served with the Statement of Defence to Third Party Claim. All of the documents mentioned above are collectively referred to as the Pleadings.

Within 4 months of filing the Statement of Defence, the parties must determine if the case is a standard case or a complex case. If the parties do not agree within this time frame and the court does not otherwise order, the case is deemed to be a standard case. If there are delays, one party can serve on another a Litigation Plan setting out timelines and if no agreement is reached an application may be made for an Order setting timelines. For a complex case, the parties must, within 4 months of determining the case is complex, agree to a Complex Litigation Plan. Once the plan is agreed upon, the plaintiff must file and serve it on all parties.