This consolidation is unofficial and is for reference only. For the official version of the regulations, consult the original documents on file with the Registry of Regulations, or refer to the Royal Gazette Part II. Regulations are amended frequently. Please check the list of Regulations by Act to see if there are any recent amendments to these regulations filed with the Registry that are not yet included in this consolidation. Although every effort has been made to ensure the accuracy of this electronic version, the Registry of Regulations assumes no responsibility for any discrepancies that may have resulted from reformatting. This electronic version is for your personal use and may not be copied for the purposes of resale in this or any other form.
Small Claims Court Forms and Procedures Regulations
made under Section 33 of the
Small Claims Court Act
R.S.N.S. 1989, c. 430
O.I.C. 93-110 (February 2, 1993, effective January 30, 1993), N.S. Reg. 17/93
as amended up to O.I.C. 2008-176 (March 31, 2008, effective April 1, 2008), N.S. Reg. 213/2008
1 A Notice of Claim shall be in Form 1.
Section 1 amended: O.I.C. 2000-169, N.S. Reg. 58/2000.
2 The fee for filing a Notice of Claim shall be
(a) $87.06 where the claim is in an amount less than $5000.00;
Clause 2(a) amended: O.I.C. 2008-176, N.S. Reg. 213/2008.
(b) $174.13 where the claim is in an amount not less than $5000.00 and not more than $25 000.00; or
Clause 2(b) amended: O.I.C. 2006-454, N.S. Reg. 201/2006; O.I.C. 2008-176, N.S. Reg. 213/2008.
(c) $87.06 where the claim is for the recovery of personal property only.
Clause 2(c) amended: O.I.C. 2008-176, N.S. Reg. 213/2008.
Section 2 replaced: O.I.C. 2000-169, N.S. Reg. 58/2000.
3 (1) The time for serving the Notice of Claim and a form for a Defence/Counterclaim on the defendant shall be within 10 days from the date on which the claim is filed or within any additional time the clerk or adjudicator may allow.
(2) The claimant shall serve the Notice of Claim and a form for a Defence/Counterclaim at the time of service.
Subsection 3(2) amended: O.I.C. 2005-61, N.S. Reg. 18/2005.
(3) Service of a Notice of Claim and a form for a Defence/Counterclaim shall be by personal service or such other manner of service as directed by the Court.
Section 3 replaced: O.I.C. 2000-169, N.S. Reg. 58/2000.
4 (1) A defence/counterclaim shall be in Form 2.
Section 4 renumbered subsection 4(1): O.I.C. 2000-169, N.S. Reg. 58/2000.
(2) The fee for filing a Counterclaim shall be $57.68.
Subsection 4(2) added: O.I.C. 2000-169, N.S. Reg. 58/2000; amended: O.I.C. 2008-176, N.S. Reg. 213/2008.
5 (1) The time for filing a defence/counterclaim and serving it on the claimant shall be within 20 days from the date on which the defendant was served or within any additional time the clerk or adjudicator may allow.
Section 5 renumbered subsection 5(1): O.I.C. 2000-169, N.S. Reg. 58/2000; amended: O.I.C. 2006-454, N.S. Reg. 201/2006.
(2) Service of a Defence or Counterclaim shall be by registered mail or such other manner of service as directed by the Court.
Subsection 5(2) added: O.I.C. 2000-169, N.S. Reg. 58/2000.
6 A claim may be brought or defended in the name under which the business or partnership carries on its business or the name of one or more persons believed to own or carry on the business.
7 A person under a legal disability may commence or defend a claim by a representative.
8 A subpoena shall be in Form 3.
9 (1) A subpoena issued by the clerk must be served personally on the witness or by another manner of service as directed by the Court.
Subsection 9(1) amended: O.I.C. 2005-61, N.S. Reg. 18/2005.
(2) No person is bound to appear or give evidence pursuant to a subpoena unless the person is paid or tendered witness fees in the amount of $5.00 plus $0.20 per kilometre one way from the place of residence of the person to the place of the hearing not less than four days before the date set for the hearing.
Subsection 9(2) amended: O.I.C. 2000-169, N.S. Reg. 58/2000.
10 (1) A party to a proceeding commenced in the Supreme Court in which the trial has not begun or judgment has not been entered who elects to have the proceeding adjudicated in the Small Claims Court pursuant to subsection 19(2) or (3) of the Act, may do so by paying a transfer fee of $87.06 and serving a Notice in Form 4 on the prothonotary, the plaintiff and any other party to the proceeding.
Subsection 10(1) amended: O.I.C. 2008-176, N.S. Reg. 213/2008.
(2) The prothonotary, upon receiving a Notice referred to in subsection (1), shall, if the matter is within the jurisdiction of the Small Claims Court, transfer the file to the clerk of the Small Claims Court who shall affix an identifying number to the file and provide the parties with Form 5, Notice of Adjudication in the Small Claims Court of Nova Scotia, notifying the parties of the date, time and place of the hearing.
Section 10 replaced: O.I.C. 98-44, N.S. Reg. 11/98.
11 Where a judge elects to transfer a proceeding commenced in the Supreme Court to an adjudicator pursuant to subsection 19(4) of the Act, the prothonotary shall transfer the file to the clerk of the Small Claims Court who shall affix an identifying number to the file and provide the parties with Form 5, Notice of Adjudication in the Small Claims Court of Nova Scotia, notifying the parties of the date, time and place of the hearing.
Section 11 replaced: O.I.C. 98-44, N.S. Reg. 11/98.
12 Service of a Notice of Adjudication by a court clerk pursuant to Section 11 or any other document served by a court clerk shall be by registered mail or such other manner of service as directed by the Court.
Section 12 added: O.I.C. 2000-169, N.S. Reg. 58/2000.
13 The following fees apply in Small Claims Court
(a) for copies of any document, per page.......................................................$ 0.58
Clause 13(a) amended: O.I.C. 2008-176, N.S. Reg. 213/2008.
(b) certifying any document on file not including copy
charge (no charge for 1 certified copy requested at
time of filing document).........................................................................$11.59
Clause 13(b) amended: O.I.C. 2008-176, N.S. Reg. 213/2008.
(c) searching a file except bulk rate searches (free to
parties to the action or their solicitors)......................................................$5.80
Clause 13(c) amended: O.I.C. 2008-176, N.S. Reg. 213/2008.
(d) searching a file where an agreement has been
entered into with the Department of Justice for
bulk rate search fees ...............................................................................$ 0.58
Clause 13(d) amended: O.I.C. 2008-176, N.S. Reg. 213/2008.
Section 13 added: O.I.C. 2000-169, N.S. Reg. 58/2000.
14 An Application for Quick Judgment shall be in Form 6.
Section 14 added: O.I.C. 2000-169, N.S. Reg. 58/2000.
15 (1) The adjudicator may award the following costs to the successful party:
(a) filing fee;
(b) transfer fee;
(c) fees incurred in serving the claim or defence/counterclaim;
(d) witness fees;
(e) costs incurred prior to a transfer to the Small Claims Court pursuant to Section 10;
(f) reasonable travel expenses where the successful party resides or carries on business outside the county in which the hearing is held;
(g) additional out of pocket expenses approved by the adjudicator.
Clause 15(1)(e) amended: O.I.C. 2000-169, N.S. Reg. 58/2000.
(2) No agent or barrister fees of any kind shall be awarded to either party.
Section 12 renumbered 15: O.I.C. 2000-169, N.S. Reg. 58/2000.
16 An adjudicator may award prejudgment interest at a rate of four percent per annum in the same circumstances in which prejudgment interest may be awarded by the Supreme Court.
Section 13 renumbered 16: O.I.C. 2000-169, N.S. Reg. 58/2000.
17 An order made by an adjudicator shall be in Form 7(a), (b) or (c).
Section 14 renumbered 17 and replaced: O.I.C. 2000-169, N.S. Reg. 58/2000.
18 (1) The fee payable to the sheriff for an Execution Order shall be $87.06, including kilometrage, together with any commission or hourly fee for selling or appraising inventory or goods as set out in Schedule “B” of the regulations respecting fees and allowances made under the Costs and Fees Act.
Subsection 18(1) amended: O.I.C. 2008-176, N.S. Reg. 213/2008.
(2) The fee payable to the sheriff for a Recovery Order shall be the fee as set out in Schedule “B” of the regulations respecting fees and allowances made under the Costs and Fees Act, but shall not in any case exceed $174.13.
Subsection 18(2) amended: O.I.C. 2008-176, N.S. Reg. 213/2008.
(3) The fee payable to the sheriff for an order for the sheriff to deliver possession of property pursuant to Section 3 of the Small Claims Court Residential Tenancies Appeal Regulations made under the Small Claims Court Act shall be the fee as set out in Schedule “B” of the regulations respecting fees and allowances made under the Costs and Fees Act, but shall not in any case exceed $174.13.
Subsection 18(3) added: O.I.C. 2003-308, N.S. Reg. 132/2003; amended: O.I.C. 2008-176, N.S. Reg. 213/2008.
Section 15 renumbered 18 and replaced: O.I.C. 2000-169, N.S. Reg. 58/2000.
19 An Execution Order shall be in Form 11.
Section 16 renumbered 19 and replaced: O.I.C. 2000-169, N.S. Reg. 58/2000.
20 A Recovery Order shall be in Form 12.
Section 17 renumbered 20 and replaced: O.I.C. 2000-169, N.S. Reg. 58/2000.
21 A Certificate of Judgment shall be in Form 8.
Section 21 added: O.I.C. 2000-169, N.S. Reg. 58/2000.
22 (1) A Notice of Appeal shall be in Form 9.
(2) An appeal shall be commenced by the appellant
(a) filing 2 copies of the Notice of Appeal with the prothonotary; and
(b) serving 1 copy of the Notice of Appeal on the respondent
not later than 30 days after the adjudicator’s order or determination is filed.
(3) Service of the Notice of Appeal on the respondent shall be by personal service or registered mail.
(4) The appellant shall file proof of service of the Notice of Appeal on the respondent with the prothonotary not later than 7 days after the last day for service of the Notice of Appeal.
(5) Proof of service may consist of a letter certifying the fact of service and the mode of service, and where service is by registered mail, the appellant shall file the Canada Post registration receipt with the prothonotary.
(6) Where a Notice of Appeal is filed, the prothonotary shall send 1 copy to the adjudicator who shall within 30 days complete a Summary Report in Form 10 and send 4 copies to the prothonotary.
(7) Where the prothonotary has received 4 copies of a Summary Report from the adjudicator, the prothonotary shall immediately
(a) send 1 copy to the appellant;
(b) send 1 copy to the respondent by Canada Post Corporation Priority Courier;
(c) advise the Supreme Court that the appeal is ready for hearing; and
(d) set a date for the appeal to be heard and advise the parties of that date by Canada Post Corporation Priority Courier.
(8) A judge may direct what additional material may be filed and may request a restatement of the case from an adjudicator.
(9) When both parties to an appeal submit briefs, the Court may dispense with oral argument.
(10) An appellant’s brief shall be submitted at least 4 clear days prior to the date set for the appeal to be heard.
(11) A respondent’s brief shall be submitted at least 2 clear days prior to the date set for the appeal to be heard.
(12) Noncompliance with this Section shall not render any proceeding void, but the proceeding may be amended, set aside as irregular or otherwise dealt with as the Court may direct.
Section 22 added: O.I.C. 2000-169, N.S. Reg. 58/2000.
23 On an appeal from a decision of an adjudicator, the judge may award the following costs:
(a) any costs which the adjudicator could have awarded under Section 15;
Clause 23(a) amended: O.I.C. 2000-169, N.S. Reg. 58/2000; O.I.C. 2001-162, N.S. Reg. 37/2001.
(b) a barrister fee not to exceed $50;
(c) out of pocket expenses approved by the judge.
Section 18 renumbered 23: O.I.C. 2000-169, N.S. Reg. 58/2000.
24 A Certificate of Satisfaction shall be in Form 13.
Section 24 added: O.I.C. 2000-169, N.S. Reg. 58/2000.
________________________________________________________________
Form 1
Notice of Claim
In the Small Claims Court of Nova Scotia
For Court Use only
Claim No________
Claimant(s):
Name ______________________________________________________
Civic address __________________________ Postal code ____________
Mailing address ________________________ Postal code ____________
Phone no. _________________ Fax ________ Email ________________
This matter
will take longer
than 2 hours.
____ ____
Yes No
Defendant(s):
Name _______________________________________________________________________
Civic address ___________________________ Postal code ____________________________
Mailing address _________________________ Postal code ____________________________
Phone no. ________________ Fax __________ Email ________________________________
I claim from the Defendant(s) ____________________________________ dollars ($_______)
or the delivery to me of _________________________________________________________
The reason for this claim is: _____________________________________________________
____________________________________________________________________________
(If you need more space, attach another sheet of paper.)
_____________________________ ________________________________________
Date Signature of Claimant(s)/lawyer(s) for Claimant(s)
Lawyer’s name ________________ Phone no. _________ Fax _________ Email __________
Lawyer’s address ______________________________________________________________
To be filled in by the Clerk of the Small Claims Court:
This claim must be served on the Defendant(s) within ____ days of _______________, 20___.
This claim will be heard on ______________________, 20_____ at ________a.m./p.m.
at ______________________________________.
(place of hearing)
_________________________________
Clerk of the Small Claims Court
To the Defendant(s): This claim has been filed against you in Small Claims Court.
1. If you do not agree with this claim, you must
• fill in the attached Form 2 - Defence/Counterclaim
• file the completed Form 2 - Defence/Counterclaim by returning it to the Small Claims Court within 20 days of the date that you received this claim.
• serve a copy of the completed Form 2 - Defence/Counterclaim on the Claimant(s)
2. If you do not file your Defence/Counterclaim by returning Form 2 to the court within 20 days after
you receive the claim, the court may make an order against you without hearing from you.
Read the “Additional information for Defendant” with this form.
Form 1 replaced: O.I.C. 2005-61, N.S. Reg. 18/2005; amended: O.I.C. 2006-454, N.S. Reg. 201/2006.
________________________________________________________________
Form 2
Defence/Counterclaim
In the Small Claims Court of Nova Scotia
To________________________________________________________________________
(Claimant(s))
My reason for disputing the claim is:
__________________________________________________________________________
__________________________________________________________________________
(If you need more space, attach another sheet of paper.)
I counterclaim for:
__________________________________________________________________________
__________________________________________________________________________
____________________________ __________________________________________
Date Signature of Defendant(s)/lawyer(s) for Defendant(s)
Defendant’s civic address: _____________________
Defendant’s mailing address: ___________________
___________________________________________
___________________________________________
Defendant’s phone no. ________________________
Lawyer’s name __________________ Phone no. _______ Fax ________ Email __________
Lawyer’s address ____________________________________________________________
To be filled in by the Clerk of the Small Claims Court:
This defence/counterclaim must be served on the Claimant(s) within ____ days of __________, 20__, and all parties must appear on the date shown on Form 1- Notice of Claim to present their evidence before the Adjudicator.
_______________________________________
Clerk of the Small Claims Court
Form 2 replaced: O.I.C. 2005-61, N.S. Reg. 18/2005.
________________________________________________________________
Form 3
Claim No. ______
Subpoena to Witness
In the Small Claims Court of Nova Scotia
Between:
Name _____________________________________________________________ Claimant(s)
- and -
Name ____________________________________________________________ Defendant(s)
To: _________________________________________________________________________
(name of witness)
You must attend the hearing of this proceeding in the Small Claims Court, to be held at ___________________ in ________________ , Nova Scotia on _________________ , 20__ , at __________ a.m./p.m. You must be present each day of the hearing and until the hearing ends. You will be called upon to give evidence on behalf of the ________________________.
(Claimant(s)/Defendant(s))
You must bring the following documents or things with you and produce them at the hearing:
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
If you do not obey this subpoena and do not have an adequate excuse for disobeying this subpoena, then you may be found to be in contempt of court and you could be arrested.
Issued on _______________________ , 20__.
_________________________________
Clerk of the Small Claims Court
AFFIDAVIT
I, _________________________________________ , swear that on _______________, 20__,
I served this subpoena on _________________________________ , by leaving a true copy of it
(name of witness)
with him/her personally, and that I travelled ____________ kilometres to do so.
Sworn before me on ____________, 20__.
)
)
______________________________________
) ________________________________
Clerk of the Small Claims Court of
)
Nova Scotia, Barrister, Commissioner
)
of the Supreme Court of Nova Scotia
)
Form 3 replaced: O.I.C. 2005-61, N.S. Reg. 18/2005.
________________________________________________________________
Form 4
Notice of Election to Transfer
in the Small Claims Court of Nova Scotia
BETWEEN:
Name Claimant
Address
Phone
Name Defendant
Address
Phone
TAKE NOTICE that _________________________, a party to the proceeding begun in the Supreme Court as No. ________ elects to have the proceeding adjudicated in the Small Claims Court of Nova Scotia at _____________________.
DATED ____________________________, 20______.
_______________________________________
Claimant/Defendant
TO: Prothonotary
Claimant/Defendant
Form 4 replaced: O.I.C. 2000-169, N.S. Reg. 58/2000.
________________________________________________________________
Form 5
Claim No: _______
Notice of Adjudication
in the Small Claims Court of Nova Scotia
BETWEEN:
Name Claimant
Address
Phone
Name Defendant
Address
Phone
WHEREAS _____________________, a party to a proceeding in the Supreme Court as
No. ________________, has served notice of election to transfer;
TAKE NOTICE that the hearing of this claim is set for _________________, 20____,
at ____________ a.m./p.m. at _____________________________.
DATED _______________________________, 20______.
_________________________________
Clerk of the Small Claims Court
Form 5 replaced: O.I.C. 2000-169, N.S. Reg. 58/2000.
________________________________________________________________
Form 6
Application for Quick Judgment
in the Small Claims Court of Nova Scotia
County of _______________________ File No. _____________
BETWEEN:
CLAIMANT
- and -
DEFENDANT
AFFIDAVIT IN PROOF OF APPLICATION
I, ___________________ of ___________________ in the County of __________________, Province of Nova Scotia, make oath and say as follows:
1. ____ That I am the Claimant and Applicant herein.
OR
1. ____ That I am the ____________ of the Claimant (if the Claimant is a body corporate).
(Check one of the above)
2. That I served the Claim on the defendant by ________________________ and
(method of service)
documentation proving service is attached.
3. That 10 days have expired since the date of service.
4. That I have had no communication, either written or oral, from the Defendant to the effect that the Defendant intends to defend this action.
5. ____ That no payments have been credited.
OR
5. ____ That payments of $____________ have been credited to my account since the date of the issuance of this Claim.
(Check one of the above)
6. That the following breakdown of my claim is a true and accurate statement of the account owing by the Defendant, and documentation supporting my claim is attached:
Debt (amount claimed before costs)
$ _________________
Credit (if any)
$ _________________
Cost of filing claim
$ _________________
Cost of service
$ _________________
Interest to date (if applicable)
$ _________________
TOTAL
$ _________________
7. That I request judgment be issued in this matter in the amount of $ _________.
SWORN TO at ________________,
in the County of ________________,
Province of Nova Scotia, on
______________________, 20 ____.
_________________________________ _________________________________
A Commissioner of the Supreme Applicant
Court of Nova Scotia
Form 6 replaced: O.I.C. 2000-169, N.S. Reg. 58/2000.
________________________________________________________________
Form 7(a)
Claim No: _______
Order
in the Small Claims Court of Nova Scotia
BETWEEN:
Name Claimant
Address
Phone
Name Defendant
Address
Phone
On _______________________ 20 ____, a hearing was held in the above matter and the following Order is made:
The Claimant having appeared, and the Defendant □ appearing □ not appearing;
AND UPON FINDING
(a) that the Defendant was served with a notice of the claim; and
(b) that the Defendant did not file a defence and the time for filing a defence has elapsed; and
(c) that the Claimant has established the merits of the claim,
I THEREFORE ORDER that the Defendant pay to the Claimant the sums as follows:
Debt:
Costs:
Total:
Dated at ____________________
on __________________, 20 __
_________________________________
Adjudicator
Original Court File
Copy Claimant(s)
Copy Defendant(s)
Form 7 repealed: O.I.C. 2000-169, N.S. Reg. 58/2000.
Form 7(a) added: O.I.C. 2000-169, N.S. Reg. 58/2000.
________________________________________________________________
Form 7(b)
Claim No: _______
Order
in the Small Claims Court of Nova Scotia
BETWEEN:
Name Claimant
Address
Phone
Name Defendant
Address
Phone
UPON FINDING
(a) that the Defendant was served with notice of the claim; and
(b) that the Defendant did not file a defence and the time for filing a defence has
elapsed; and
(c) that the documents filed with the claim establish the merits of the claim,
I THEREFORE ORDER that the Defendant pay to the Claimant the sums as follows:
Debt:
Costs:
Total:
Dated at ____________________
on ____________________, 20___
_____________________________
Adjudicator
Original Court File
Copy Claimant(s)
Copy Defendant(s)
Form 7(b) added: O.I.C. 2000-169, N.S. Reg. 58/2000.
________________________________________________________________
Form 7(c)
Claim No: _______
Order
in the Small Claims Court of Nova Scotia
BETWEEN:
Name Claimant
Address