Small Claims Rules
Small Claims Forms
Small Claims Guide
SC Guide part A - WHAT IS SMALL CLAIMS
SC Guide part B - MAKING A CLAIM
SC Guide part C - SERVING DOCUMENTS
SC Guide part D - REPLYING TO A CLAIM
SC Guide part E - GETTING READY FOR COURT - MEDIATION
SC Guide part F - GETTING READY FOR COURT - TRIAL
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.
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.|
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.|
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.|
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.|
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.|