Small Claims Court - Small-claims Courts in Canada

Small-claims Courts in Canada

All provinces have procedures for small claims in Canada. In general, there are two different models. In most provinces, including British Columbia, Alberta, and New Brunswick, small-claims courts operate independently of the superior courts. In other jurisdictions, the small-claims court is a branch or division of the superior court. In Ontario, the Small-Claims Court is a branch of the Superior Court of Justice, and in Manitoba, the Small-Claims Court is under the jurisdiction of the Court of the Queen's Bench.

Small-claims cases are heard by judges of the Provincial Court in British Columbia, Alberta, and Saskatchewan, by judges or deputy judges of the Superior Court of Justice in Ontario, and by Hearing Officers in Manitoba.

The small-claims courts are meant to be easier and less expensive ways to resolve disputes than the higher courts. Small-claims court procedure is regulated both by provincial legislation and rules in most provinces. Small-claims procedure is simplified with no strict pleadings requirements and no formal discovery process, and parties' costs may be limited.

Monetary limits for small-claims courts in Canada vary by province:

• Alberta: The Provincial Court—Civil hears civil claims up to $25,000.
• Nova Scotia: The maximum claim that may be recovered in the Small-Claims Court cannot exceed $25,000.
• British Columbia: The maximum claim that may be recovered in the Small-Claims Division of the Provincial Court is $25,000.
• Manitoba: Small-Claims Courts adjudicated claims up to $10,000.
• New Brunswick: Claims to the Small-Claims Court of New Brunswick must be less than $6,000.
• Newfoundland and Labrador: The Provincial Court of Newfoundland and Labrador hears civil claims up to $25,000.
• Ontario: The new limit for small-claims is $25,000.
• Quebec: Claims to the Small-Claims Court of Quebec cannot exceed $7,000.
• Saskatchewan: Claims within the Civil Division of the Saskatchewan Provincial Court cannot exceed $20,000 in value.

In general, disputes involving title to land, slander, libel, bankruptcy, false imprisonment, or malicious prosecution must be handled in a superior court and cannot be determined in small-claims courts.