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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
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(4) Repealed
7 Repealed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(2) Repealed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