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

Table of Contents

1 Definitions
(2) Interpretation
(3) Object and purpose
(4) Claims dealt with in summary manner
2 Authority for claim under Act
2.1 Court officer to hear claims
(2) When claim heard by judge
3 Jurisdiction
(2) Exception
(2.1) Exception — criminal property forfeiture
(3) Pre-judgment interest not included
(4) Excluded proceedings
4 Counterclaims not exceeding claim limit
5 Counterclaim exceeding claim limit
(2) Notice of action to enforce counterclaim
6 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(4) [Repealed]
7 [Repealed]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 Hearing date
(2) [Repealed]
8.0.1 Filing defence
(2) Deadline for filing defence
(3) Serving defence
(4) Late filing of defence
8.0.2 Noting default
(2) Setting aside the noting of default
8.0.3 Decision when defendant noted in default
(2) Judgment of court
8.0.4 Appeal by claimant
8.1 Authorized agent for a party
8.2 Adjournments
8.3 Interlocutory proceedings
8.4 Admissible evidence
(2) Exception
8.5 Evidence of witnesses
8.6 Declaration of partners
8.7 Third party proceedings
(2) Contents of order
8.8 Evidence at the hearing
(2) If evidence not recorded
8.9 Further service required
9 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
11 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
11.1 New hearing of claim
(2) Certificate of decision
(3) Judgment of the court
12 Appeal with leave of a judge
(2) Application for leave to appeal
(3) Extending time for application for leave
(4) Appointment for hearing
(5) Service
(6) Stay if appeal taken
(7) Stay continues
(8) Judge to direct conduct of appeal
(9) [Repealed]
(10) Decision on appeal
(11) Certificate of decision
(12) Judgment of the court
13 No appeal to Court of Appeal
14 Costs and disbursements
(2) Costs on appeal
15 Appeal to Court of Appeal
(2) Leave to appeal and notice of appeal
(3) Decision on appeal
16 Separation of certain claims
17 [Repealed]
18 Foreign claimants
19 Withdrawal of claim
(2) Consent to judgment on counterclaim
(3) Defendant may consent to judgment
20 Failure of claimant to appear
(2) Consideration of counterclaim
(3) Provisions applicable to counterclaims
21 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