Civil Litigation FAQ

Civil Litigation 
Frequently Asked Questions

We are your Lethbridge Civil Litigation Lawyers.

Civil litigation is complex; you could be seeking money, property, or the Court’s authority to prevent or force someone to take a specific action. You’ll likely have a lot of questions. We have the answers. Give us a call or contact us using the form below to set up a free consultation to find solutions to your legal problems.  

At LETOURNEAU LLP, we can assist you with any of the following, as an example:

• Personal Injury
• Negligence
• Employment Disputes
• Breach of Contract
• Misrepresentation
• Specific Performance
• Estate Litigation
• Breach of Fiduciary Duty
• Assault or Battery
• Fraud
• Strict Liability
• Defamation
• Vicarious Liability
• Occupier’s Liability
• Host Liability
• Car Accident
• Malpractice
• Nuisance
• Trespass
• Duress and Economic Duress
• Intentional Infliction of Mental Distress


What is personal injury law all about?

Visit our Personal Injury Law page for full information.

What is negligence?

Negligence is a legal term for harm caused to one party (the plaintiff) when another party (the defendant) has not been reasonably careful. 
The Court will ask four questions to determine whether there has been negligence:

1. Does the Defendant owe the Plaintiff a duty to protect the Plaintiff against unreasonable risk?
2. Did the Defendant do something, or fail to do something, breach that duty?
3. Did the Plaintiff sustain damages?
4. Did the Defendant’s breach cause the Plaintiff’s damages?

Can I get a contract enforced even if the contract wasn’t written down?

Yes, although it will be more difficult. If someone makes an offer, you accept it, and each party is exchanging something of value (called consideration), there is presumably a contract, whether it is written down or not. In certain circumstances, a contract can be implied from someone’s actions without the contract being ever specifically stated. 

Without a written agreement, it can be difficult to determine what the terms of the agreement are. Other evidence, such as invoices or a witness, can help show what the agreement was supposed to be.  

My neighbour won’t maintain their property. Can a lawyer help me with this issue?

Possibly; your neighbour’s failure to maintain their property could constitute a nuisance if the neglect substantially affects your own use and enjoyment of your property, and the interference is unreasonable when considering all relevant circumstances. 

A Court will look at factors such as location, any property damage you’ve suffered, and the nature, duration, and effect of the nuisance.

How do I make sure someone doesn’t get rid of the property I’m trying to recover?

When you believe the other party may sell property, hide money, or otherwise try and prevent you from getting the property you’re claiming, you can apply to the Court for a Preservation Order. A Preservation Order will put conditions on the use of the property (for example, that disputed funds be held by the Court) to prevent the property from being hidden or sold by a party. 

In extreme cases, you could consider applying for a Mareva Injunction, which allows the Court to put conditions on the use of property that is not in dispute in the litigation. 

Preservation Orders and Mareva Injunctions are very complicated. If you are in a situation where you believe you need a Preservation Order or Mareva Injunction, a lawyer at LETOUNEAU LLP would be happy to assist you. 

What is wrongful dismissal?

Where an employer terminates employment without cause, but refuses to pay adequate compensation.
Where an employer inappropriately alleges cause and fails to pay any compensation.

Where an employer, by altering fundamental terms and conditions of employment and/or by making the work environment intolerable, “constructively” dismisses an employee.

For more information about employment issues, please see our Employment Law FAQ. 

What are my options when someone forces me to sign an agreement?

You may be able to have the agreement voided by the Court. There are three “doctrines” or concepts the Courts can use to do so: duress, unconscionability, and undue influence. 

Duress is when someone used excessive pressure in order to have someone enter into a contract. The three traditional categories of duress are duress to person, duress to good, and economic duress. 

Unconscionability is when a contract is so manifestly unfair that the Court will allow a party to void it. The parties must have unequal bargaining power, and an very unfair contract results. 

Undue influence is when someone uses power or trust to unfairly persuade someone to enter into a contract. Essentially, undue influence removes the other person’s free will. 

There are many factors and tests used to determine whether a contract can be voided due to duress, unconscionability, or undue influence. If you believe you entered into a contract because of one of the above doctrines and would like more information, please contact LETOURNEAU LLP and set up a consult to discuss same. 

What are lawyers talking about when they say “costs”?

In Canada, there is a presumption that if someone wins a legal dispute, the loser should pay part of their legal fees. Misconduct on the part of one side can increase a costs award against them. Courts generally award lesser or no costs when dealing with emerging areas of law or in situations where the facts are not obvious.

Do I have to go to Court to get a solution to my problem?

No. Many disagreements are settled by negotiation, whether between the people involved directly or through their legal representation. 

Legal actions can also be resolved through mediation or arbitration. Mediation is where a third party mediator assists the party in coming to an agreement; often, the mediator is a lawyer or former judge that can give their opinion on everyone’s position. 

Arbitration is a binding procedure before a third party called an arbitrator. The arbitrator acts like a judge: they weigh evidence, hear arguments, and provide a decision. The decision of an arbitrator can only be appealed in very limited circumstances. Arbitration is often faster and cheaper than going through the Courts.  

What is fraud?

Fraud falls into two categories: criminal and civil. 

Civil fraud is when someone lies or misrepresents facts in order to get another person to do something. In order to get a judgment for civil fraud, there must be damages that result from the fraud. 

Fraud is difficult to prove. If you are able to prove fraud, you may be able to get a judgment against the other side for a higher percentage of your legal fees. 
Criminal fraud is dealt with in the Criminal Code of Canada. 

When do I know if it is worth hiring a lawyer?

Hiring a lawyer is a big decision. Legal proceedings are lengthy, expensive, and difficult to pursue on your own. At LETOURNEAU LLP, we strive to give you an honest evaluation of whether it will be appropriate and cost-effective to retain us. Generally speaking, the more expensive a matter is, the more useful a lawyer will be. 

Please note that the Alberta Court of Justice and the Court of King's Bench will not hear matters where the money in dispute is less than $500.00. 

How do legal fees work for civil litigation matters?

We offer free consultations for injury claims, and often, although not always, will be able to advance your injury claim on a contingency fee basis (we don't get paid unless you do).  

Learn more about our civil litigation lawyers:



We would be happy to meet with you face to face for a free consultation to discuss your questions, the accident, and the potential solutions to any problems you are facing.   

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The information on this website is for information purposes only and should not be construed as legal advice.

Call Now for a Free Civil Litigation Consultation
Give us a call or contact us using the form below to set up a free meeting about how to move forward with your personal injury claim. 



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