Small Claims Court Overview
A small claim is a case brought to the Nunavut Court of Justice for disputes involving less than $20,000. You do not need a lawyer to make or respond to a small claim.
Examples include:
- Unpaid wages
- Property damage
- Breach of contract (a broken agreement)
- Unpaid loans
| Action | Description | 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. | 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. | Within a reasonable period after all Replies filed. |
| Possible Outcomes | Description | Timeline |
|---|---|---|
| Offers to Settle | A party can make an offer to settle. If the offer is accepted, the case ends without a trial. | 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. | 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 and make a judgment. | At, or as soon as possible, after the hearing. |
| Further Options | Description | Timeline |
|---|---|---|
| Application to set aside a default judgment | When there is a default judgment, the party who failed to appear can apply to have the judgment set aside. | Upon learning of the default judgment. |
| Appeal to a higher court | The appellant can appeal the decision of the lower court to Court of Appeal. | Within 30 days of service of the order. |
What Cannot be Handled in Small Claims?
How to Start a Claim
Getting Help