Litigation

The lawyers at Soby Boyden Lenz have considerable experience representing clients at all levels of court in Alberta and are respected litigators. For further information, please refer to individual lawyer profiles.

Litigation involves the use of court process to resolve disputes. Lawyers represent the rights of their clients in the court process. If the parties are unable to come to a settlement, then a judge will decide the issues in dispute. Subject to rather limited grounds for appeal, the judgment of the court will be final. There are formal processes and rules of court:

Compelling disclosure of relevant information

Examination for Discovery
Notice to Disclose
Cross-examination on affidavits
Court appointment of experts

Compelling production of relevant documents
Hearing interim applications for

Custody and access
Child and spousal support
Interim use or disposition of property
Procedural matters

Trials
Enforcement of orders and judgments
Appeals

Because of the potential expense and uncertainty of outcome involved in litigation, other dispute resolution processes will be explored before beginning court process, and throughout the course of the lawsuit. This may include one or more of the following:

Lawyer-assisted negotiation
Pre-hearing conferences before Dispute Resolution Officers
Judicial Dispute Resolution conferences

Binding recommendation
Non-binding decision

Summary trial
Mediation for some or all issues

Litigation is most appropriate when:

Other dispute resolution processes have been unsuccessful
Other dispute resolution processes are inappropriate, due to domestic violence, extreme distrust or power imbalances
The parties prefer to have their dispute decided by a judge
The dispute involves a matter of legal interpretation that cannot be resolved otherwise
One or both of the parties is reluctant to provide voluntary disclosure of relevant and important information
One or both parties refuse(s) to negotiate
A case involves important new legal precedent