HomeC.C.S.M. c. C285
The Court of Queen's Bench Small Claims Practices Act
| Back to the Act | Bilingual (PDF) |
| 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 |
