BILL NO. 15

(as introduced)

2nd Session, 60th General Assembly
Nova Scotia
56 Elizabeth II, 2007

Government Bill

Small Claims Court Act
(amended)

The Honourable Cecil P. Clarke
Minister of Justice

First Reading: November 23, 2007

(Explanatory Notes)

Second Reading: November 30, 2007

Third Reading: December 10, 2007 (LINK TO BILL AS PASSED)

Clause 1 amends the Small Claims Court Act to increase the amount of a claim for general damages from $100 to $2500.

Clause 2 clarifies and broadens the authority of an adjudicator of the Small Claims Court to admit evidence.

Clause 3 provides that this Act comes into force upon proclamation.

1 Section 11 of Chapter 430 of the Revised Statutes, 1989, the Small Claims Court Act, is amended by striking out "one" in the fifth line and substituting "two thousand five".

2 (1) Subsection 28(1) of Chapter 430 is amended by

(a) striking out "An adjudicator may" in the first line and substituting " Subject to subsections (2) and (3), an adjudicator may determine the admissibility of, relevance of and weight to be given to any evidence and"; and

(b) striking out clause (b) and substituting the following clause:

(b) any document, report, opinion or other thing, whether or not the author of such document, report, opinion or other thing is available to give evidence or be cross-examined,

(2) Section 28 of Chapter 430 is further amended by adding immediately after subsection (1) the following subsection:

(1A) For greater certainty, an adjudicator is not bound by the rules of evidence applicable in a judicial proceeding.

3 This Act comes into force on such day as the Governor in Council orders and declares by proclamation.