Choosing Small Claims

In Small Claims Court, there is a limit to the amount you can recover. This amount is called the monetary limit. The monetary limit is currently $50,000. You may claim more than the monetary limit, but the maximum that can be awarded is still $50,000. To recover more than the monetary limit, you must instead start your claim in the Court of King’s Bench. You will not be able to start a separate claim to recover an amount above the limit. Matters in Small Claims Court can be transferred to the Court of King’s Bench if necessary, however.

Small Claims Court deals with claims for debts or damages, recovery of personal property and consumer claims. Typical cases may include claims arising from:

• motor vehicle accidents
• real estate transactions
• debts owing, including dishonoured or NSF cheques and failure to pay where goods are sold on credit or services are performed on credit
• defective goods, workmanship or services
• loss of or damage to goods
• insurance policies
• breach of contract

Certain claims cannot be heard in Small Claims Court, including:

• claims where the title to land is brought into question
• actions against a bankrupt
• actions for libel or slander, malicious arrest, malicious prosecution or false imprisonment
• family law matters including actions concerning family property, child support or spousal support