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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 claim limit | |
| 5 | (1) | Counterclaim exceeding claim limit |
| (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| (4) | Repealed | |
| 7 | Repealed | |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| (2) | Repealed | |
| FILING A DEFENCE AND DEFAULT DECISIONS | ||
| 8.0.1 | (1) | Filing defence |
| (2) | Deadline for filing defence | |
| (3) | Serving defence | |
| (4) | Late filing of defence | |
| 8.0.2 | (1) | Noting default |
| (2) | Setting aside the noting of default | |
| 8.0.3 | (1) | Decision when defendant noted in default |
| (2) | Judgment of court | |
| 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 DECISIONS | ||
| 11 | (1) | Application to set aside decision |
| (2) | Filing an application | |
| (3) | Hearing date | |
| (4) | Serving the application | |
| (5) | Who hears the application | |
| (6) | Setting aside decision | |
| (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 | |