CDRT vs. small claims vs. Court of King's Bench — which one?
Last updated
For Alberta condo disputes, the CDRT is almost always the right choice if your issue fits its jurisdiction. For anything outside CDRT scope, Civil Claims Court (small claims) handles monetary disputes up to $100,000; Court of King's Bench handles everything else.
The short answer
| Forum | Best for | Cost | Timeline |
|---|---|---|---|
| CDRT | Fine disputes (s.35), document access, general meetings | $150 – $500 | Weeks to a few months |
| Civil Claims Court (small claims) | Money disputes ≤ $100,000 outside CDRT scope | $100 – $300 filing | 6 – 18 months |
| Court of King's Bench | Complex disputes, large sums, injunctions, appeals | $200+ filing, much higher with counsel | 12+ months |
When the CDRT is the right call
Three categories — and only these three:
- Fines / monetary sanctions imposed by the corporation (Condominium Property Act s.35) — including challenges to the process the board used. This is the most common case.
- Access to corporate documents (CPA s.43.2, s.44; CPRPart 1.6) — when the corporation refuses to provide records you're entitled to inspect.
- General meetings and special general meetings (CPA s.30, s.31) — how meetings were called, conducted, or decided.
If your dispute fits one of these and you try to sue at small claims or King's Bench instead, judges will typically direct you back to the CDRT — the legislature designed the CDRT specifically for these matters, and courts respect that allocation.
When Civil Claims Court (small claims) is the right call
For money disputes between $0 and $100,000 that aren't within CDRT jurisdiction. Examples:
- The corporation owes you reimbursement for a repair you funded inside your unit that turned out to be a common-property issue
- A contractor working for the corporation damaged your property and neither will pay
- A neighbour owes you money from an agreement (parking lease, private repair) that the corporation isn't a party to
Civil Claims is slower than the CDRT but works well for owners comfortable preparing their own paperwork. Lawyers aren't required, though many parties retain one.
When Court of King's Bench is the right call
Court of King's Bench is for:
- Appeals from the CDRT — but only on a question of law, and only within 30 days
- Judicial review of a CDRT decision (jurisdictional errors, natural justice failures) — also within 30 days
- Money claims above $100,000 outside CDRT jurisdiction
- Injunctions and declaratory relief — orders that require the corporation to do (or not do) something specific
- Bylaw-validity challenges — striking down a bylaw as unreasonable or contrary to the CPA
King's Bench is significantly more expensive than the other two forums. Filing fees alone are $200+, but the real costs are legal representation — $5,000 to $50,000+ depending on complexity. For most owner-vs-corporation disputes, King's Bench is the forum of last resort.
The five questions to pick the right forum
- Is this a fine, document access, or meeting dispute? → CDRT.
- Is this a money dispute under $100,000 outside the above? → Civil Claims Court.
- Do I need the court to order someone to do (or not do) something? → King's Bench (injunction).
- Am I appealing a CDRT decision on a question of law? → King's Bench, within 30 days.
- Is this a money claim above $100,000?→ King's Bench.
How FineCheck helps if your dispute is CDRT-eligible
For the most common condo dispute — a contested fine — FineCheck runs a procedural-compliance check before you commit to the $150 application fee. If your fine letter is missing a required CPR s.73.7 field, exceeds the s.73.8 cap, or computed your response deadline wrong, you have grounds to file. If it's clean, you save $150 and the weeks of preparation.
Check my fine — $15Related: The Alberta CDRT guide · How much does it cost to file? · Can I dispute a condo fine at the CDRT?