Civil Law

Court of King's Bench | Saskatchewan

Courts of Saskatchewan

Civil Law

Court of King’s Bench

The Court of King’s Bench has the jurisdiction to hear any civil law matter over $50,000, as well as all claims involving land or real property, and the majority of family law applications. There is no maximum amount that a party can claim at the Court of King’s Bench.

When To Bring Your Case to the Court of King’s Bench

The amount you are claiming is over $50,000
Your claim involves land or real property, regardless of the claim amount involved
You are dealing with a complex legal issue such as defamation, breach of contract, or construction disputes
You want your case to be heard by a judge or jury under formal court procedures
You are filing a family law application and live in a community where the Court of King’s Bench is the appropriate court

If your civil claim is for $50,000 or less and does not involve land, you may wish to consider filing in Small Claims Court at the Provincial Court.

Start a Civil Action

Choose the correct King’s Bench Form and complete
Pay the filing fee (LINK FOR FEES?)
File at the King’s Bench courthouse of jurisdiction (HOW DO THEY FILE? EMAIL? IN PERSON? MAIL?)
Serve the documents (See King’s Bench Rules for methods)
File proof of service (HOW IS THIS DONE?)

Refer to the Rules of Court and Civil Practice Directives for deadlines and method standards.

Respond to a Statement of Claim

A Statement of Claim (or a Petition) is the document that commences a lawsuit. It is prepared by the Plaintiff (the person initiating the lawsuit) and is filed with the court. Anyone receiving a Statement of Claim should read the entire document immediately.

The first page of the Statement of Claim indicates that a reply must be made within a certain period of time – usually 20 days. The appropriate document to file in response is a Statement of Defence.

It is always advisable for individuals contemplating or responding to a lawsuit to consult a lawyer immediately for advice about their legal rights and obligations. However, whether a lawyer is representing them or they are representing themselves, they must reply to the Statement of Claim within the required time. Failure to reply means that they risk being “noted for the default” which means that the Plaintiff will have won the lawsuit. The Plaintiff can then obtain a court order and can begin to collect their damages.

It is required to submit a response within 20 days.

Complete a Statement of Defence
Consider counterclaims
File and serve the documents
Pay filing fees
File Proof of Service
(LINKS FOR ALL ABOVE?)

Refer to the Rules of Court and Civil Practice Directives for deadlines and method standards.

Pre Trial Conferences

If a civil claim proceeds to a trial, before the trial takes place, the Court of King’s Bench may require parties to attend a pre-trial conference or participate in court-ordered mediation.