The Small Claims Court will hear claims worth up to $25,000 (not including interest and costs). Claims may be for payment of money and/or the return of goods. A decision in Small Claims Court can be appealed to the Supreme Court of Nova Scotia.

Keep in mind that Small Claims Court does not deal with:

• False imprisonment
• Slander/libel
• Malicious prosecution
• Ownership of land
• Disagreements over wills
• Claims against the provincial government
• Claims against the federal government

For more information on whether Small Claims Court will hear your claim, contact the court or contact the Legal Information Society for legal information.

A demand letter is a formal letter that demands  that the other person or business (other party or parties involved in the dispute) do something to fulfill their legal obligation.  For example, the letter could ask the other party to fix a problem, pay money, or follow the specific terms of a contract. The letter describes the deal between the parties, and gives the person who gets the letter a reasonable chance to fix the problem without being taken to court. 

A demand letter is not a legal requirement.  It is just an option.  You can start a lawsuit without having sent the other party a demand letter. But it is often a good idea to try a demand letter.    If it works and the recipient agrees with the demand, everyone avoids the expense and stress of going to court. 

Anyone can write and send a demand letter. It does not need to be from a lawyer or other professional, although sometimes the other party may be more likely to respond if they get a demand letter from a lawyer.  A note though that if the issue does head to Small Claims Court you would not be able to recover any fees paid to a lawyer, even if you were successful (Small Claims Court cannot award legal fees). 

There is no set format for a demand letter.  If you decide to write a demand letter yourself,  a demand letter would generally include:

• the date and the recipient's contact information
• the legal words "WITHOUT PREJUDICE"  at the top of the letter.  This protects you from the contents of the letter being used against you later if the situation ends up in court
• a polite and brief summary of the agreement and the problem.  State facts, dates when things happened, and amounts where relevant
• how you want to resolve the dispute.  Be fair and specific.  Say what you want the recipient to do, and briefly explain why.  For example: return of goods; payment of a specific amount of money (exact amount); whether you expect one lump sum payment or payments over time; whether you expect interest; how and when they should make the payment; repair of item or some other specific act to fulfill a contract term
• a deadline when the matter must be settled, and a date by which you expect a response to the letter 
• a reasonable amount of time to respond and to comply or negotiate
• a statement that you plan to start a lawsuit if no action happens or if no satisfactory agreement is worked out by the deadline
• your contact information and signature.

It is a good idea to keep a copy of the letter for yourself.  It isn't required but you could have it delivered by signature mail or courier so that you know it has been received.

Going to court may not be the most effective way to get the results you want.

If you think that it would be possible to settle your dispute by coming to an agreement with the other party then mediation may be a good alternative.

Mediation can be faster than a court process, and it is also much more private. You should also consider if you would like to maintain a healthy relationship with the other parties. Sometimes court can make things harder on everyone. Mediation will give everyone the chance to say what they are thinking and try to work something out between them in a calm setting.

You can find more information on mediation as well as how to get a mediator here.

The question “Is it worth making a claim” may sound strange, but it is a very serious and important one. It takes time, effort and money to make a successful claim. You have to think about what you might get out of the claim and decide whether that is worth what you are going to have to put in. Here are a few things to consider:

Have you thought about fees and costs? You have to pay a fee to make a claim at Small Claims Court. Information on court fees can be found here. Also, it's important to know that if you lose at the hearing then you will likely have to pay the winning party's costs, including costs like their court filing fee, witness fees, fee for serving the claim or defence/counterclaim, and reasonable travel expenses.  In Small Claims Court neither party can recover fees paid to a lawyer, even if they win the case.

Can you back up your claim? Although Small Claims Court is less formal than other courts your case will still be decided based on evidence. If you do not have some sort of evidence such as bills, contracts, letters, emails, photos or eye witnesses then it will be difficult to prove your case.

Where is the other party? If you are unsure where the other person is then it is going to be very hard to properly serve them or to collect money from them or to recover your property. If you don't know where the other person is then someone will have to find the person before effective legal action can be taken against them.

Will you be able to collect?  Winning your case is often just one step toward getting what you want. Have a look at After Judgment video to learn about the collection process. The adjudicator may make an order in your favour, but you still have to have that order enforced and enforcement can be difficult. For example, if the other person is unemployed or even self-employed, it can be hard to collect right away, if at all. You may end up in a position where you have spent money to ensure you succeed in your claim, but are unable to collect in a reasonable time.

It is up to you whether or not to start a claim. A lawyer can give you valuable advice regarding the strength or weakness of your claim, which can be very helpful in making your decision. Here are some ways to find a lawyer. Keep in mind that in Small Claims Court you cannot recover fees you pay to a lawyer, even if you win.

You can also find more information about legal help and the legal system here.

The Notice of Claim is the document you will need to start you claim and you can get it at the courthouse or online here: https://courts.ns.ca/sites/default/files/courts/Small%20Claims%20Court/Small_Claims_Court_Interactive_Form_19_09.pdf

Follow this link to find the list of court fees that apply when filing a claim.

Because every claim is different it can be a good idea to go outside the box on the Notice of Claim form and include a separate document outlining your story.

In addition to the tips given in the “Self-Advocacy 101- Claim"

video, have a look at the Self Advocacy Guide (pgs 9-10)

After filing your Claim you will need to personally serve a copy of it on each of the other parties. You can do so by delivering the claim and handing it to them or hiring someone such as a bailiff. You can find more information on bailiffs here.

Once the parties are served, you or the person you hire will have to fill out an affidavit of service. The affidavit will set out when and where you served the other party and how you were able to determine it was in fact the other party (ie. because you recognize them or by looking at their driver’s license.)

Hold on to the affidavit as you will need it if the other party does not show up to the hearing.

A good place to start is to watch the LISNS video “Advocacy 101 - Evidence”

Self Advocacy 101 - Evidence

Sketch out the points and facts you have to show the court and then ensure you have the evidence you will need to prove them. Evidence includes documents and objects but also witnesses. Don’t forget to meet with you witnesses and let them know what you intend to ask them well ahead of your hearing.

For a comprehensive look at what you need to do before and during a hearing, make sure to take the time to read the short but informative Self Advocacy Guide

 

If you would like to avoid the court process then you can try to settle out of court. There are two main ways to do this:

Negotiate. In some cases it may be possible to negotiate a settlement that works for both parties. This option may be much more time and cost effective than going to court. Negotiations can be done between the parties or through a mediator.

If you agree to settle out of court make sure your agreement is in writing and signed by both parties. Also remind the claimant to cancel the hearing date and confirm with the court that the hearing has been cancelled.

Payment or Compliance. The other option is to simply comply with the request made by the claimant in their Notice of Claim. If you believe that the case will not go in your favour and that the claimants request is fair then you have the option of contacting the claimant and making arrangements to comply with their request.

Although it’s safe to say most people don’t like going to court, sometimes there is no other choice. If settlement is not an option, you will need to file either a Defence or Counterclaim.

If you are going to try to defend your claim, you must file a Defence. This form will be attached to the bottom of the claim you received. After filling the defence out, you will file it with the clerk at the Small Claims Court and then serve the claimant. You can do this by personal service, registered mail, or any other way of service the court suggests.

It is also possible to file a Counterclaim. A counterclaim would be for a case where you believe the claimant actually wronged you in some way or where you believe the claimant is also responsible for the claim they are bringing forward. There is a fee of $66.00 to file a counterclaim and it must be done within 20 days of the claimant serving you. You must serve the counterclaim on the claimant by personal service, registered mail or another way of service if directed by the courts. You can use the Defence form as well for the counterclaim. The adjudicator will look at both claims together to make a decision.

A lawyer can provide helpful advice regarding your possible defence or counterclaim.

If you do not file a Defence or Counterclaim within 20 days of being served the Notice of Claim then the claimant can ask the court for a Quick Judgement. This is a legal process which allows a decision to be made without a court hearing.

Quick Judgements are not given automatically. The claimant will need to provide a sworn affidavit, the application for a Quick Judgment, Notice of Claim, and evidence which will be given to the adjudicator.

The Adjudicator at your hearing needs to understand the story of your case so make sure to tell it right. At the hearing make sure to:

• Introduce yourself (you are an important character in the story!).

• Take your time.

• Set the stage.

• Good stories have a beginning, middle and end.

• Start at the beginning of the story and tell it in a step-by-step way.

• The story should end with your choice to bring the case to Small Claims Court.

If you are defending a claim that has been brought against you then the same guidelines apply, except the claimant gets to tell their side of the story first.

The Adjudicator will decide your case based on the evidence so you better have some ready! You cannot rely on just your story alone, you need evidence to verify that your story is true.

• The two main forms of evidence are witnesses and documents.

• Witnesses have first-hand knowledge of what happened, if they don’t then their evidence is called “hearsay” and given little or no weight.

• The witnesses and documents that you will rely on need to be ready for the hearing!

• You must bring to court all of the witnesses (including yourself) and documents that help support your story. You have the ability to subpoena witnesses for the hearing. Read this brochure for more info on using subpoena's. 

• Sometimes, a hearing may be adjourned (rescheduled) to allow a witness to attend on another day, but there had better be a good reason for why they are not there.

You will have the chance to cross-examine the other party and their witnesses. Are you ready?

• Cross-examination means asking questions, not just arguing with the witness.

• A good cross-examination brings out facts that the witness did not mention, or shows that they may not be telling the whole truth.

• If you choose to cross-examine, be careful what you ask, as you are stuck with the answers.

• Many self-represented parties choose not to cross-examine, knowing that cross-examination is a legal skill that not everyone possesses.

• Generally, an Adjudicator will understand if you decide not to cross-examine. 

Documents that you want to use as evidence have to be authenticated at the hearing. That means someone at the hearing has to confirm that the document is genuine.

For example, if there is an email between Anna and Bob then either Anna or Bob can authenticate the email  at the hearing by saying “I sent it” or “I received it.” If it is a contract, you may be able to testify that you signed it, or were given it. If it is a photograph, someone may need to testify that they took the photograph.

• A document that is not authenticated may not be accepted, or may be given little “weight.”

• Make sure to bring enough copies of your documents (usually three) so that the court and the other party can have one.

• The same is true of photographs – bring copies for everyone.

• If you plan to show a video, bring copies on a DVD or thumb drive, so it can be shown on the equipment in the court and also taken away by the Adjudicator.

Do not offer to show pictures or videos on your phone or laptop.  Print them out and bring copies, or in the case of videos, bring it on a CD or thumb drive.

You might want an expert to testify at your hearing.

• Sometimes, to support your case you need an expert to testify.

• For example, you may have a mechanic who can testify that a repair done to your car by someone else was improper.

• If you are going to rely on an expert then have that expert put their opinion in writing, and also come to court prepared to testify.

• You may have to pay them for their time. That is only fair.

If you get a report from an expert before your hearing then there are some steps you should take:

• If you get an expert report then you should send it to the other party with plenty of time before the hearing so they are not taken by surprise.

• If expert reports are not shared before the hearing, there is a risk that the trial will have to be adjourned (rescheduled) so the other party can prepare a response.

Adjudicators will not accept articles or opinions that you got off the internet.

• The internet may be a good starting point for educating yourself, but printouts from the internet will rarely be accepted as evidence.

• For example, you may find a website where someone in the US gives an opinion that a vehicle has defective brakes.  The court will not accept that as evidence. You will need an expert who can be there in person to defend his or her opinion.

The more complicated your case is, or the more money is involved, the more important it is to get a bit of legal help. Getting legal help can build your confidence that you are on the right track.

• Ask a lawyer or paralegal in your community – a free or low cost consultation may be available.

• You can contact us with questions about the content of this guide. There is information about how to contact us here.

• Courthouse staff or the Adjudicator hearing your case may also be willing to help, to a degree, where you are uncertain about proper procedure.