Small Claims Rules

Small Claims Forms 


Small Claims Guide  

 

Small Claims Court Overview

Small claims are brought to the Nunavut Court of Justice. The Small Claims Court has jurisdiction over claims not exceeding $20,000.00.

Action Timeline

File and serve claim

The claimant files a Notice of Claim and Sheriff Department serves it on the Defendant.

The filing fee is $75.

Not specified in rules.

The defendant has the opportunity to respond

The defendant may pay the amount claimed directly to the Claimant, admit the claim and propose a payment schedule, admit part of the claim and request mediation, or dispute the claim and/or counterclaim.

To do any of the above, the Defendant has to file a Reply with the Court.

Within 30 days after receiving the Notice of Claim.

Application for default judgment

If the defendant does not file a Reply with the Court, the Claimant can apply to have a default judgment.

After timeframe noted above for the filing of a Reply by the defendant.

Mandatory Mediation

The main purpose of mediation is to facilitate settlement. If settlement is not possible, mediation is used to narrow the issues and help the parties prepare for trial.

Within a reasonable period after all Replies filed.
Possible Outcomes Timeline

Offers to Settle

A party can make an offer to settle. If the offer is accepted, the case ends without a trial. If a party breaches a term of the settlement, the settlement can be enforced by the Court.

Any time before judge’s final decision.

Withdrawal of the Claim or Counter claim

A party who wishes to withdraw his or her claim must serve a Notice of Discontinuance on the other parties.

At any time.

Award of a default judgment

If the defendant does not appear on the date set for the hearing, the Court may award a default judgment in regards to the claim.

When a defendant fails to appear at a hearing.

Judgment

If there is a trial and both parties appear, the judge will hear the case of both the Claimant and Defendant and will make a judgment using the information presented.

At, or as soon as possible, after the hearing.
Further Options Timeline

Application to set aside a default judgment

When there is a default judgment, the party who failed to appear at the hearing (in respect of the claim filed) can apply to have the judgment set aside.

Upon learning of the default judgment.

Appeal to a higher court

The appellant, or party who appeals the decision of the lower court, can appeal to Court of Appeal.

Within 30 days of service of the order.