Acts and Regulations

2012, c.15 - Small Claims Act

Section 10
Disposition versions

Full text
Transfer to the Court of King’s Bench
2023, c.17, s.256
10(1)If at any time an action involves a matter that is beyond the jurisdiction of the court, the court may order that the matter be transferred to the Court of King’s Bench.
10(2)Any party to an action in the court may apply in accordance with the regulations to the Court of King’s Bench to have the matter transferred to that Court and the Court of King’s Bench may order that the matter be transferred.
10(3)When a transfer is made under this section, the Court of King’s Bench may, on the terms and conditions it considers appropriate,
(a) continue the matter to completion, or
(b) order the matter to be recommenced, unless any of the parties would be prejudiced by virtue of the expiry of an applicable limitation period under the Limitation of Actions Act or any other Act.
10(4)Nothing under paragraph (3)(a) prevents the refiling and exchange of pleadings, the holding of another hearing, or any other step that may be taken in the Court of King’s Bench in respect of that matter.
10(5)When a transfer is made under this section, a clerk of the court shall forward all documents on file with the court relating to the matter to a clerk of the Court of King’s Bench.
10(6)When a transfer is made under this section and a party had abandoned a part of the party’s claim or counterclaim to bring it within the jurisdiction of the court, that party may, subject to any conditions that the Court of King’s Bench considers appropriate, withdraw the abandonment of that part of the claim or counterclaim and proceed on the entire claim or counterclaim, as the case may be.
2023, c.17, s.256
Transfer to the Court of Queen’s Bench
10(1)If at any time an action involves a matter that is beyond the jurisdiction of the court, the court may order that the matter be transferred to the Court of Queen’s Bench.
10(2)Any party to an action in the court may apply in accordance with the regulations to the Court of Queen’s Bench to have the matter transferred to that Court and the Court of Queen’s Bench may order that the matter be transferred.
10(3)When a transfer is made under this section, the Court of Queen’s Bench may, on the terms and conditions it considers appropriate,
(a) continue the matter to completion, or
(b) order the matter to be recommenced, unless any of the parties would be prejudiced by virtue of the expiry of an applicable limitation period under the Limitation of Actions Act or any other Act.
10(4)Nothing under paragraph (3)(a) prevents the refiling and exchange of pleadings, the holding of another hearing, or any other step that may be taken in the Court of Queen’s Bench in respect of that matter.
10(5)When a transfer is made under this section, a clerk of the court shall forward all documents on file with the court relating to the matter to a clerk of the Court of Queen’s Bench.
10(6)When a transfer is made under this section and a party had abandoned a part of the party’s claim or counterclaim to bring it within the jurisdiction of the court, that party may, subject to any conditions that the Court of Queen’s Bench considers appropriate, withdraw the abandonment of that part of the claim or counterclaim and proceed on the entire claim or counterclaim, as the case may be.
Transfer to the Court of Queen’s Bench
10(1)If at any time an action involves a matter that is beyond the jurisdiction of the court, the court may order that the matter be transferred to the Court of Queen’s Bench.
10(2)Any party to an action in the court may apply in accordance with the regulations to the Court of Queen’s Bench to have the matter transferred to that Court and the Court of Queen’s Bench may order that the matter be transferred.
10(3)When a transfer is made under this section, the Court of Queen’s Bench may, on the terms and conditions it considers appropriate,
(a) continue the matter to completion, or
(b) order the matter to be recommenced, unless any of the parties would be prejudiced by virtue of the expiry of an applicable limitation period under the Limitation of Actions Act or any other Act.
10(4)Nothing under paragraph (3)(a) prevents the refiling and exchange of pleadings, the holding of another hearing, or any other step that may be taken in the Court of Queen’s Bench in respect of that matter.
10(5)When a transfer is made under this section, a clerk of the court shall forward all documents on file with the court relating to the matter to a clerk of the Court of Queen’s Bench.
10(6)When a transfer is made under this section and a party had abandoned a part of the party’s claim or counterclaim to bring it within the jurisdiction of the court, that party may, subject to any conditions that the Court of Queen’s Bench considers appropriate, withdraw the abandonment of that part of the claim or counterclaim and proceed on the entire claim or counterclaim, as the case may be.