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The Court of Queen's Bench Small Claims Practices Act

C.C.S.M. c. C285

The Court of Queen's Bench Small Claims Practices Act

1(1) Definitions
(2) Interpretation
(3) Object and purpose
(4) Claims dealt with in summary manner
2 Authority for claim under Act
3(1) Jurisdiction
(2) Exception
(3) Pre-judgment interest not included
(4) Excluded proceedings
4 Counterclaim of less than $10,000.
5(1) Counterclaim exceeding $10,000.
(2) Notice of action to enforce counterclaim
6(1) Claim commenced by simple statement
(2) Extra copies of statement to be filed
(3) Limitation on service
(4) No interlocutory proceedings
7
8(1) Fixing hearing date
(2) Hearing date
9(1) Hearing
(2) Third party proceedings
(3) Contents of order
(4) to (6)
10(1) Evidence under oath
(2) Further service required
(3) Where rules of evidence not followed
11(1) Failure of defendant to appear
(2) Declaration of partners
12(1) Decision is a judgment of the court
(2) Appeal to a judge where party appears
(3) Leave required by party not appearing
(3.1)
(4) Thirty days to launch appeals
(5) Conduct of appeals
(6) Stay of proceedings on appeal
13 Decision final except on question of law
14(1) Costs and disbursements
(2) Costs on appeal
15 Appeal to Court of Appeal
16 Separation of certain claims
17
18 Foreign claimants
19(1) Withdrawal of claim
(2) Consent to judgment on counterclaim
(3) Defendant may consent to judgment
20(1) Failure of claimant to appear
(2) Consideration of counterclaim
21(1) Manner of service
(2) Substitutional service
(3) Date of service by registered mail
(4) Service on a corporation
(5) Service on partners
22 Proof of service
23(1) Certificate of decision in default cases
(2) Form of certificate