What types of law suits are heard in Small Claims Court?
- Claims of money under $15,000 (excluding interest, costs, and disbursements) that are often outstanding accounts for goods or services or damage to property
- Claims disputing findings of liability from a Motor Vehicle Accident Claim
What types of disputes are not heard in Small Claims Court?
- Those between landlords and tenants, involving a residential tenancy
- Ownership of land or an interest in land
- The administration of a trust or an estate
- Family matters that are under the authority of the Family Division of the Court of Queen’s Bench
- Wrongful dismissal from employment
- Malicious prosecution, false imprisonment, defamation
- Allegations of wrongdoing by a judge or justice
Who is the Judge?
- Usually Court Officers who may or may not be legally trained but have experience and training in the court system and sometimes Court of Queen’s Bench Justices
How is it different than the Court of Queen’s Bench?
- Small Claims Court is designed to hear claims in a less formal way
- Evidence rules that must be followed in the Court of Queen’s Bench do not have to be followed in Small Claims Court
What if my claim is for an amount that is $15,000 or more?
- You can waive the excess amount and still file in Small Claims Court, but your claim is limited to $14,999
- If your claim is for an amount that is under $100,000 you may file in the Court of Queen’s Bench as an Expedited Action
Where can I find more information?
Can I retain Prairie Legal Services to make a claim or defend a claim in Small Claims Court?
- Yes, the legal fee for an average Small Claim matter of average complexity is $3,000 plus taxes and disbursements
