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 | |
2.1 | (1) | Court officer to hear claims |
(2) | When claim heard by judge | |
3 | (1) | Jurisdiction |
(2) | Exception | |
(3) | Pre-judgment interest not included | |
(4) | Excluded proceedings | |
4 | Counterclaims not exceeding $10,000 | |
5 | (1) | Counterclaim exceeding $10,000 |
(2) | Notice of action to enforce counterclaim | |
COMMENCING A CLAIM | ||
6 | (1) | Commencing a claim |
(2) | Extra copies of claim to be filed | |
(2.1) | Service of claim | |
(3) | Limitation on service | |
(4) | Repealed | |
7 | Repealed | |
8 | (1) | Hearing date |
(2) | Repealed | |
PROCEDURE FOR CLAIMS | ||
8.1 | Authorized agent for a party | |
8.2 | Adjournments | |
8.3 | Interlocutory proceedings | |
8.4 | (1) | Admissible evidence |
(2) | Exception | |
8.5 | Evidence of witnesses | |
8.6 | Declaration of partners | |
8.7 | (1) | Third party proceedings |
(2) | Contents of order | |
8.8 | (1) | Evidence at the hearing |
(2) | If evidence not recorded | |
8.9 | Further service required | |
DECISION ON CLAIM | ||
9 | (1) | Decision on claim |
(2) | Decision if defendant does not appear at hearing | |
(3) | Certificate of decision | |
(4) | Judgment of the court | |
10 | Correcting errors in a certificate of decision | |
SETTING ASIDE DECISION IF DEFENDANT DID NOT APPEAR AT HEARING | ||
11 | (1) | Application to set aside decision made under subsection 9(2) |
(2) | Filing an application | |
(3) | Hearing date | |
(4) | Serving the application | |
(5) | Who hears the application | |
(6) | Setting aside the decision made under subsection 9(2) | |
(7) | Order and notice of hearing | |
(8) | Decision set aside is null and void | |
(9) | If decision not set aside | |
(10) | No appeal | |
NEW HEARING IF DECISION SET ASIDE | ||
11.1 | (1) | New hearing of claim |
(2) | Certificate of decision | |
(3) | Judgment of the court | |
APPEAL FROM DECISION OF COURT OFFICER TO JUDGE OF COURT OF QUEEN'S BENCH | ||
12 | (1) | Appeal with leave of a judge |
(2) | Leave to appeal and notice of appeal filed | |
(3) | Extending time for filing appeal | |
(4) | Appointment for hearing | |
(5) | Service | |
(6) | Stay if appeal taken | |
(7) | Stay continues | |
(8) | Judge to direct conduct of appeal | |
(9) | Transcript may be limited | |
(10) | Decision on appeal | |
(11) | Certificate of decision | |
(12) | Judgment of the court | |
13 | No appeal to Court of Appeal | |
COSTS AND DISBURSEMENTS | ||
14 | (1) | Costs and disbursements |
(2) | Costs on appeal | |
APPEAL FROM DECISION OF JUDGE TO COURT OF APPEAL | ||
15 | (1) | Appeal to Court of Appeal |
(2) | Leave to appeal and notice of appeal | |
(3) | Decision on appeal | |
GENERAL MATTERS | ||
16 | Separation of certain claims | |
17 | Repealed | |
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 | |
(3) | Provisions applicable to counterclaims | |
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 | Repealed | |
24 | Regulations |