SMALL
CLAIMS COURT
The Provincial Court of Newfoundland and
Labrador has limited civil jurisdiction. This means that the
Court has the power to hear Civil actions where the monetary
value claimed does not exceed $25,000.00. Civil actions involve
disputes between individuals or between individuals and
corporations.
In some jurisdictions in Canada there is no civil jurisdiction
at tached
to the provincial court. For example, in Nova Scotia, civil
actions are determined by arbitrators. In New Brunswick, the
Court of Queen's Bench has jurisdiction over all civil actions.
Jurisdiction in Newfoundland and Labrador is conferred on the
court by the
Small Claims Act, R.S.N. 1990 c. S-16 as amended.
In s. 4 the Court is given jurisdiction to to try and adjudicate
upon a claim for debt whether payable in money or otherwise or
for damages including damages for breach of contract. The court
can also hear actions for unpaid municipal taxes. However, the
court does NOT have jurisdiction to hear any action where
(a) land title is brought into question;
(b) the validity of a devise, bequest, or limitation is
disputed;
(c) malicious prosecution, false imprisonment, defamation,
criminal conversation, breach of promise of marriage;
(d) an action against a judge of a court, a justice or a
public officer for anything done by such a person in the
course of performing the duties of his or her office.
Common cases are actions for damages arising
from car accidents (negligence), failure to pay for services or
goods, failure to repay loans, failure to perform services
adequately, i.e. roof repair, car repairs, plumbing or carpentry.
Many of these actions involve oral contracts which are
enforceable in law. The difficulty with these cases is that the
Court has to determine what the actual terms of the contract
were.
Actions are commenced in Small Claims Court by filing a
Statement of Claim and paying the appropriate fee. A successful
plaintiff will usually receive back the fee as part of the Court
Costs as part of a judgment. In a Civil action, the burden of
proof is on the plaintiff (claimant) to prove his or her case on
a balance of probabilities. This is to be contrasted with a
criminal case where the burden of proof is on the Crown to prove
the case beyond a reasonable doubt.
Before the case is set for trial, our Rules require that the
plaintiff and defendant attend a Settlement Conference to see if
there is any hope of settling the case without the need for a
trial. Even if the parties do not agree to a settlement, the
conference is useful as it allows the parties to isolate the
issues in question and potentially shorten the length of the
trial.
The forms and procedures are designed to assist self represented
litigants present their cases on their own. The cost of legal
representation often exceeds the amount of a claim if a case
goes to trial. Judges are cognizant of the fact that many self
represented litigants are not familiar with legal rules and
procedures and will make allowance within the limits of the law
for these limitations. However neither the judge nor the court
staff can offer legal advice to litigants. "
At the conclusion of the case, the judge may deliver a decision
from the Bench. Such decisions are called "oral" decisions.
Alternatively, the judge may "reserve" the decision and file a
written ruling at a later time. In such a case the judge usually
sees the need to research a point of law. When the decision is
filed the Court Clerk will notify the parties and each party
will be given a copy of the decision.
A party who is dissatisfied with the result has the right to
appeal to the Supreme Court of Newfoundland and Labrador (Trial
Division) and Subsequently to the
Court of Appeal and then if
necessary with leave, to the
Supreme Court of Canada. |
