Statement of Claim (Breach of Contract) (AB)

Summary

This precedent is a standard statement of claim that can be used by a plaintiff for a breach of contract claim at the Court of King's Bench of Alberta. This precedent includes practical guidance, drafting notes, and alternate clause. A civil claim to the Court must be brought by Statement of Claim (Form 10). The form of the statement of claim is prescribed by r. 3.25 of the Alberta Rules of Court, Alta. Reg. 124/2010 ("Rules"). It must: (1) state the claim and the basis for it; (2) state any specific remedy sought; and (3) comply with the rules about pleadings in Part 13, Division 3 of the Rules. A plaintiff suing for a breach of contract needs to establish (1) the existence of a valid contract between the plaintiff and the defendant; and (2) a failure on the part of the defendant in performing their obligations under that contract. Therefore, the statement of claim should establish the existence of a contract and the breach of the contract. The statement of claim should set out the ...