CHAPTER 430
OF THE
REVISED STATUTES, 1989
Short title
1 This Act may be cited as the Small Claims Court Act. R.S., c. 430, s. 1.
2 It is the intent and purpose of this Act to constitute a court wherein claims up to but not exceeding the monetary jurisdiction of the court are adjudicated informally and inexpensively but in accordance with established principles of law and natural justice. R.S., c. 430, s. 2.
3 (1) There shall be in the Province a court of law and of record to be called the Small Claims Court of Nova Scotia, hereinafter called the "Court".
(2) The Court shall hold sittings in courthouses, council chambers or elsewhere, at such locations and at such times within a municipality as the Attorney General determines and the municipality within which the Court sits shall provide and maintain such facilities as may be required for the sittings of the Court. R.S., c. 430, s. 3.
4 The Attorney General has the general management and supervision of this Act. R.S., c. 430, s. 4.
5 (1) To better effect the intent and purpose of this Act and to prevent the procedure provided by this Act being used by a corporate person to collect a debt or a liquidated demand where there is no dispute, no partnership within the meaning of the Partnerships and Business Names Registration Act and no corporation may succeed upon a claim pursuant to this Act in respect of a debt or liquidated demand unless the claimant is one of the original parties to the contract or tort upon which the claim is based or unless the claim is raised by way of set-off or counterclaim.
(2) To better effect the intent and purpose of this Act and to facilitate the litigation of claims and defences of natural persons, the Attorney General may from time to time prescribe the days and hours during which a corporate person, its agent or solicitor, shall not appear before the Court as a plaintiff. R.S., c. 430, s. 5.
6 (1) Each sitting of the Court shall be presided over by an adjudicator.
(2) The Governor in Council may appoint on the recommendation of the Attorney General such adjudicators as the Governor in Council deems necessary.
(3) No person shall be appointed or serve as an adjudicator unless that person is a practising member in good standing of the Nova Scotia Barristers' Society.
(4) An adjudicator holds office for such term and upon such conditions and remuneration as the Governor in Council determines.
(5) The jurisdiction of an adjudicator extends throughout the Province.
(6) Before taking office, each adjudicator shall take and subscribe the following oath before a judge of the Supreme Court:
Sworn to at . . . . . . . . . . . . .,
in the County of . . . . . . . . .,
this . . . . . . . day of . . . . . . .,
19 . . . ., before me . . . . . . . . . . . . . . . . . . . . . . .
(7) The oath of office shall be transmitted to the Attorney General.
(8) An adjudicator shall be described or designated as an Adjudicator of the Small Claims Court of Nova Scotia.
(9) Where an action is commenced before an adjudicator who dies, ceases to hold office, is incapacitated or is otherwise unable to complete the proceeding, the action may be continued or recommenced as determined by another adjudicator. R.S., c. 430, s. 6; 1992, c. 16, s. 115.
7 (1) The Attorney General may appoint or designate a person in the public service to be the Administrator of the court.
(2) The Administrator shall perform such duties as are assigned to the Administrator by the Governor in Council, the Attorney General, this Act or the regulations. R.S., c. 430, s. 7.
8 (1) The Attorney General may appoint or designate persons or classes of persons in the public service of the Province to be clerks of the Court upon such terms and conditions as the Attorney General determines.
(2) A person appointed or designated pursuant to subsection (1) shall perform the duties and functions of a clerk of the Court in accordance with this Act and the regulations.
(3) Every prothonotary of the Supreme Court is a clerk of the Court. R.S., c. 430, s. 8; 1992, c. 16, s. 116; 2005, c. 8, s. 20.
9 A person may make a claim under this Act
(a) seeking a monetary award in respect of a matter or thing arising under a contract or a tort where the claim does not exceed twenty-five thousand dollars inclusive of any claim for general damages but exclusive of interest;
(b) notwithstanding subsection (1) of Section 5, for municipal rates and taxes, except those which constitute a lien on real property, where the claim does not exceed twenty-five thousand dollars exclusive of interest;
(ba) notwithstanding subsection (1) of Section 5, for expenses that are payable pursuant to the Animal Protection Act, if the claim does not exceed twenty-five thousand dollars, exclusive of interest;
(c) requesting the delivery to the person of specific personal property where the personal property does not have a value in excess of twenty-five thousand dollars; or
(d) respecting a matter or thing authorized or directed by an Act of the Legislature to be determined pursuant to this Act. R.S., c. 430, s. 9; 1992, c. 16, s. 117; 1999 (2nd Sess.), c. 8, s. 16; 2002, c. 10, s. 38; 2005, c. 58, s. 1; 2011, c. 50, s. 23.
9A (1) An adjudicator has all the powers that were exercised by taxing masters appointed pursuant to the Taxing Masters Act immediately before the repeal of that Act, and may carry out any taxations of fees, costs, charges or disbursements that a taxing master had jurisdiction to perform pursuant to any enactment or rule.
(2) The monetary limits on the jurisdiction of the Court over claims made pursuant to Section 9 and on orders made pursuant to Section 29 do not apply to taxations or to an appeal of an order of the Director of Residential Tenancies pursuant to Section 17C of the Residential Tenancies Act. 2000, c. 28, s. 92; 2002, c. 10, s. 39.
10 Notwithstanding Section 9, no claim may be made under this Act
(a) for the recovery of land or an estate or interest therein;
(b) in respect of a dispute concerning the entitlement of a person under a will, or settlement, or on an intestacy;
(c) for defamation or malicious prosecution;
(d) which involves a dispute between a landlord and a tenant to which the Residential Tenancies Act applies, other than an appeal of an order of the Director of Residential Tenancies made pursuant to Section 17C of that Act; or
(e) for general damages in excess of one hundred dollars. R.S., c. 430, s. 10; 2002, c. 10, s. 40.
11 Notwithstanding any enactment or procedural rule, where a claim is for general damages or includes a claim for general damages, the claim for general damages or the portion of the claim relating to general damages is deemed to be a claim for an amount not exceeding one hundred dollars. R.S., c. 430, s. 11.
12 Subject to the Limitation of Actions Act and any other general or special Act of the Legislature, the jurisdiction of the Court extends to a claim which arose before the first day of January, 1981. R.S., c. 430, s. 12.
13 A claim may not be divided into two or more claims for the purpose of bringing it within the jurisdiction of the Court. R.S., c. 430, s. 13.
14 (1) Except as otherwise provided in an enactment, any provision or acknowledgement in an agreement is void if it
(a) in any way purports to exclude, limit or vary the jurisdiction of the Court;
(b) provides for the place of hearing of a claim, matter or proceeding under this Act to be at a place other than as permitted by this Act; or
(c) states that the provisions of this Act or the regulations do not apply.
(2) Where a provision or acknowledgement contrary to this Act is a term of an agreement, it shall be severable therefrom. R.S., c. 430, s. 14.
15 The Court does not have jurisdiction in respect of a claim where the issues in dispute are already before another court unless that proceeding is withdrawn, abandoned, struck out or transferred in accordance with Section 19. R.S., c. 430, s. 15; 1992, c. 16, s. 118.
16 A claimant or a defendant may appear at a hearing in person or by agent and may be represented by counsel. R.S., c. 430, s. 16.
17 (1) A person who is under the age of majority but over the age of sixteen years may make a claim before the Court as if that person were of the age of majority.
(2) Subject to subsection (1), a person under a legal disability, whether by age or otherwise, may commence or defend an action in this Court in the manner prescribed by the regulations. R.S., c. 430, s. 17.
18 Where a claim is made by or against a partnership within the meaning of the Partnerships and Business Names Registration Act, the claim may be made by or against the partnership in accordance with the regulations under this Act. R.S., c. 430, s. 18.
19 (1) A claim before the Court shall be commenced in the county in which
(a) the cause of action arose; or
(b) the defendant or one of several defendants resides or carries on business,
by filing a claim in the form prescribed by the regulations, accompanied by the prescribed fee, with the prothonotary of the Supreme Court in the proper county.
(1A) In this Section, "justice centre" means a justice centre established pursuant to Section 26 of the Judicature Act.
(1B) Notwithstanding subsection (1), where, on the coming into force of this subsection, there is no justice centre in a county, a claim may be filed with the prothonotary at a justice centre in an adjacent county and designated by the Minister to receive claims for the county or municipality in which
(a) the cause of action arose; or
(b) the defendant or one of several defendants resides or carries on business.
(2) Notwithstanding any other Act, where a proceeding commenced in the Supreme Court or a city court does not include a claim for general damages and is within the jurisdiction of the Small Claims Court, the defendant may elect to have the proceeding adjudicated in the Small Claims Court whereupon the prothonotary of the Supreme Court or the clerk of the city court, as the case may be, shall transfer the proceeding to the appropriate adjudicator in accordance with the regulations made pursuant to this Act.
(3) Notwithstanding any other Act, where a proceeding commenced in the Supreme Court does not include a claim for general damages and is within the jurisdiction of the Small Claims Court, the claimant may elect to have the proceeding adjudicated in the Small Claims Court whereupon the prothonotary of the Supreme Court may transfer the proceeding to the appropriate adjudicator in accordance with the regulations made pursuant to this Act.
(4) Notwithstanding any other Act, where a proceeding commenced in the Supreme Court does not include a claim for general damages and is within the jurisdiction of the Small Claims Court, a judge of the Supreme Court may transfer the proceeding to the appropriate adjudicator in accordance with the regulations made pursuant to this Act. R.S., c. 430, s. 19; 1992, c. 16, s. 119; 2007, c. 10, s. 10.
20 Where the defendant is a person who is not resident in the Province or a corporation not having its head office in the Province and the cause of action arose partly in one county and partly in another, the claimant may file the claim in either county. R.S., c. 430, s. 20.
21 (1) Upon a claim being delivered to the prothonotary of the Supreme Court for the county in which an action is commenced, the clerk shall
(a) open a file, affix an identifying number to the file and claim document, date stamp the document, insert the time within which the document is to be served on the defendant, insert the time and place within which any defence or counterclaim is to be filed and served on the claimant, insert the time and place of adjudication in accordance with the regulations ; and
(b) file the original claim document, issue a certified copy to the claimant, issue additional certified copy or copies as required for service by the claimant on the defendant or defendants and a form of defence.
(1A) The claimant shall serve each defendant with a certified copy of the original claim document and a form of defence.
(2) Upon a defence or counterclaim being filed with the clerk of the county court, the clerk shall make certain the correct file number is affixed to the document, date stamp and file the original document, issue a certified copy to the defendant and issue additional certified copy or copies as required for service by the defendant on the claimant or claimants.
(3) Service of all documents may be by personal service or such other manner of service or substituted service as prescribed by the regulations.
(4) It is the duty of the clerk of the Court to
(a) prepare the docket for the Court;
(b) ensure the availability of facilities and equipment required for the Court to sit and conduct hearings;
(c) be responsible for the transmission of files to and from the office of the prothonotary of the Supreme Court;
(d) attend on such matters as the Attorney General may direct.
(5) Where the prothonotary of the Supreme Court is not the clerk of the Court where the adjudicator is sitting, the prothonotary of the Supreme Court shall upon the expiration of the time fixed for the filing of any defence or counterclaim and not later than forty-eight hours before the time fixed for the adjudication of the claim notify the clerk of the Court, where the adjudicator is sitting, of
(a) the file number and names of the parties;
(c) the time and place of adjudication. R.S., c. 430, s. 21; 1992, c. 16, s. 120; 1999 (2nd Sess.), c. 8, s.17.
22 A hearing before an adjudicator may take place, after normal business hours as well as during normal business hours, at such time as is most suitable to the convenience of persons involved in the claim generally and, to better effect this intent and purpose, the Attorney General may give written instructions respecting the time when hearings generally are to take place. R.S., c. 430, s. 22.
23 (1) Where a defendant has not filed a defence to a claim within the time required by the regulations and the adjudicator is satisfied that
(a) each defendant was served with the claim and the form of defence and with notice of the time and place of adjudication; and
(b) based on the adjudicator's assessment of the documentary evidence accompanying the claim, the merits of the claim would result in judgment for the claimant,
the adjudicator may, without a hearing, make an order against the defendant.
(2) Where a defendant against whom an order has been made pursuant to subsection (1) appears, upon notice to the claimant, before the adjudicator who made the order and the adjudicator is satisfied that
(a) the defendant has a reasonable excuse for failing to file a defence within the time required; and
(b) the defendant appeared before the adjudicator without unreasonable delay after learning of the order,
the adjudicator may set aside the order and set the claim down for hearing.
(3) Where a defendant has filed a defence but does not appear at the hearing and the adjudicator is satisfied that the defendant has been served with notice of the time and place of the hearing, the adjudicator, if satisfied on the evidence as to the case of the claimant, may, in the absence of the defendant, make an order against the defendant.
(4) Where a defendant against whom an order has been made pursuant to subsection (3) appears, upon notice to the claimant, before the adjudicator who made the order and the adjudicator is satisfied that
(a) the defendant has a reasonable excuse for not appearing at the hearing; and
(b) the defendant appeared before the adjudicator without unreasonable delay after learning of the order,
the adjudicator may set aside the order and set the claim down for hearing. 1992, c. 16, s. 121; 1996, c. 23, s. 38.
24 (1) Where a defendant does not appear at the hearing and the adjudicator is not satisfied that the defendant has been served with the claim and notice of the time and place of the hearing, the adjudicator
(a) shall adjourn the hearing to another day to provide an opportunity for service on the defendant; and
(b) may give directions as to the manner and sufficiency of such service.
(2) Where the defendant does not appear at the hearing on the date to which it has been adjourned and the adjudicator is satisfied that the defendant has been served either personally or in such manner as may be directed in accordance with subsection (1), the adjudicator, if satisfied on the evidence as to the case of the claimant, may make an order against the defendant. R.S., c. 430, s. 24; 1992, c. 16, s. 122.
25 Where an adjudicator is satisfied that there are two or more claims before the adjudicator which would be best dealt with together, the adjudicator may in his discretion hear the claims at the same time. R.S., c. 430, s. 25.
26 Where an adjudicator believes that the interests of all the parties would be best served, the adjudicator may request another adjudicator to act in his place and notwithstanding that a claim has been filed the other adjudicator may so act and may make any order or decision that the original adjudicator could have made. R.S., c. 430, s. 26.
27 A subpoena to require the attendance of a witness or the production of a document or thing may be issued and served in the form and style prescribed by the regulations. R.S., c. 430, s. 27.
28 (1) An adjudicator may admit as evidence at a hearing, whether or not given or proven under oath or affirmation or admissible as evidence in a court,
(b) any document or other thing,
relevant to the subject-matter of the proceedings and may act on such evidence, but the adjudicator may exclude anything unduly repetitious.
(2) Nothing is admissible in evidence at a hearing that
(a) would be inadmissible in a court by reason of any privilege under the law of evidence; or
(b) is inadmissible by any statute.
(3) Nothing in subsection (1) overrides the provisions of any Act expressly limiting the extent to or purposes for which any oral testimony, documents or things may be admitted or used in evidence in any proceedings. R.S., c. 430, s. 28.
29 (1) Subject to the provisions of this Act, not later than sixty days after the hearing of the claim of the claimant and any defence or counterclaim of the defendant, the adjudicator may
(ii) requiring a party to pay money or deliver specific personal property in a total amount or value not exceeding twenty-five thousand dollars, and any pre-judgment interest as prescribed by the regulations, or
(iii) for any remedy authorized or directed by an Act of the Legislature in respect of matters or things that are to be determined pursuant to this Act; and
(2) No costs other than those authorized by this Act or the regulations may be awarded by an adjudicator.
(3) Notwithstanding that an adjudicator's term of appointment has expired, the adjudicator may make an order pursuant to subsection (1) respecting a claim or counterclaim that the adjudicator heard before the expiry of that term. R.S., c. 430, s. 29; 1994, c. 33, s. 1; 2000, c. 28, s. 93; 2002, c. 10, s. 41; 2005, c. 58, s. 2.
30 An order in an action brought for the balance of an account, or for a part of a claim where the residue is abandoned to bring the claim within the jurisdiction of an adjudicator, is a full discharge of all demands in respect of the account for the balance of which such claim was brought or for the whole claim, as the case may be. R.S., c. 430, s. 30.
31 (1) An order of the Court may be enforced in the same manner as an order of the Supreme Court and Section 45 of the Judicature Act applies.
(2) repealed 1992, c. 16, s. 123.
(3) Notwithstanding the Costs and Fees Act, the fees and allowances for the enforcement of orders under this Act are in such amounts as are from time to time fixed by the regulations. R.S., c. 430, s. 31; 1992, c. 16, s. 123; 2003, c. 7, s. 7.
32 (1) A party to proceedings before the Court may appeal to the Supreme Court from an order or determination of an adjudicator on the ground of
(c) failure to follow the requirements of natural justice,
by filing with the prothonotary of the Supreme Court a notice of appeal.
(2) A notice of appeal filed pursuant to subsection (1) shall be in the prescribed form and set out
(b) the particulars of the error or failure forming the ground of appeal.
(3) Upon the filing of a notice of appeal in accordance with this Section, the prothonotary shall transmit a copy thereof to
(b) where the prothonotary is not the clerk of the Court, to the clerk.
(4) Upon receipt of a copy of the notice of appeal, the adjudicator shall, within thirty days, transmit to the prothonotary a summary report of the findings of law and fact made in the case on appeal, including the basis of any findings raised in the notice of appeal and any interpretation of documents made by the adjudicator, and a copy of any written reasons for decision.
(5) Upon receipt of a copy of the notice of appeal, the clerk of the Court, where the prothonotary is not the clerk, shall transmit the file for the case to the prothonotary.
(6) A decision of the Supreme Court pursuant to this Section is final and not subject to appeal. 1992, c. 16, s. 124; 1996, c. 23, s. 39.
32A (1) In this Section, "court records" include all documents, records, letters, transcripts, recordings, exhibits and papers of any kind deposited or on file with or held by the Court.
(2) Court records that are no longer required shall be disposed of by
(a) destruction without photographing or preserving an image thereof in electronic or other form;
(b) destruction after having been photographed or an image thereof having been preserved in electronic or other form; or
(c) transfer to the Public Archives,
in accordance with the directions of the Deputy Attorney General, after consultation with the Provincial Archivist or such other officer or employee of The Board of Trustees of Public Archives of Nova Scotia as the Provincial Archivist may designate, or in accordance with a schedule for the retention and disposal of court records established by the Deputy Attorney General after consultation with the Provincial Archivist or such other officer or employee. 1992, c. 16, s. 125; 2002, c. 10, s. 42.
33 (1) The Governor in Council may make regulations
(a) governing the practice and procedure relating to claims and appeals under this Act;
(aa) governing the practice and procedures of taxations;
(ab) governing the practice and procedures of appeals from orders of the Director of Residential Tenancies pursuant to the Residential Tenancies Act;
(b) respecting fees and allowances;
(c) prescribing forms to be used for purpose of this Act;
(d) providing for costs, including costs on appeal;
(da) respecting service or substituted service of documents;
(e) prescribing rates for pre-judgment interest and circumstances in which pre-judgment interest may or may not be ordered;
(f) respecting the re-commencement of a claim before another adjudicator where the adjudicator before whom a claim is commenced, dies, ceases to hold office or is otherwise unable to adjudicate the claim;
(g) respecting payments into court and the procedure whereby a person claiming a right to money paid into court may receive payment of the same;
(h) governing the practice and procedure relating to the transfer of matters from the Supreme Court or a city court;
(i) defining any word or expression used in this Act but not defined herein;
(j) generally with respect to any matter that under this Act may be regulated;
(k) respecting such matters and things as are necessary for or incidental to the carrying out of the provisions of this Act in accordance with the purpose of this Act.
(2) The exercise of the authority contained in subsection (1) shall be regulations within the meaning of the Regulations Act. R.S., c. 430, s. 33; 1992, c. 16, s. 126; 1999 (2nd Sess.), c. 8, s. 18; 2000, c. 28, s. 94; 2002, c. 10, s. 43.
34 No action for damages lies against the prothonotary or clerk, or any person for anything done in obedience to process or proceedings issued or taken inadvertently in any case filed with the clerk of the Court. R.S., c. 430, s. 34; 1992, c. 16, s. 127.
35 An adjudicator of the Court has the same immunity from liability as a judge of the Supreme Court. 1992, c. 16, s. 128.
