Acts and Regulations

2012, c.15 - Small Claims Act

Full text
Power of court to compel attendance
13(1)An adjudicator may issue a warrant for the apprehension of a person who is served with a summons to witness and who fails to attend court at the time and place stated on the summons if the adjudicator is satisfied that
(a) a summons was served on the person,
(b) a witness allowance prescribed by regulation was offered to the person, and
(c) justice requires the presence of the person.
13(2)A sheriff, deputy sheriff or any peace officer may execute the warrant and shall give all assistance to adjudicators in the exercise of the jurisdiction of the court.
13(3)If a person named in a warrant attends court voluntarily, the warrant is cancelled.
13(4)If the person is brought before the court on a warrant and the person’s evidence is still required, an adjudicator may release the person on conditions set by the adjudicator or order the person to be detained until his or her presence is no longer required.
13(5)A person who is served with a summons to witness and who, without lawful excuse, fails to attend court or remain in attendance commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category F offence.
13(6)A certificate, in the form prescribed by regulation, of the adjudicator before whom a person is alleged to have failed to attend or remain in attendance stating that the person failed to attend or remain in attendance is admissible in evidence and is proof, in the absence of evidence to the contrary, of the fact, without proof of the appointment, authority or signature of the adjudicator purporting to have signed the certificate.
Power of court to compel attendance
13(1)An adjudicator may issue a warrant for the apprehension of a person who is served with a summons to witness and who fails to attend court at the time and place stated on the summons if the adjudicator is satisfied that
(a) a summons was served on the person,
(b) a witness allowance prescribed by regulation was offered to the person, and
(c) justice requires the presence of the person.
13(2)A sheriff, deputy sheriff or any peace officer may execute the warrant and shall give all assistance to adjudicators in the exercise of the jurisdiction of the court.
13(3)If a person named in a warrant attends court voluntarily, the warrant is cancelled.
13(4)If the person is brought before the court on a warrant and the person’s evidence is still required, an adjudicator may release the person on conditions set by the adjudicator or order the person to be detained until his or her presence is no longer required.
13(5)A person who is served with a summons to witness and who, without lawful excuse, fails to attend court or remain in attendance commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category F offence.
13(6)A certificate, in the form prescribed by regulation, of the adjudicator before whom a person is alleged to have failed to attend or remain in attendance stating that the person failed to attend or remain in attendance is admissible in evidence and is proof, in the absence of evidence to the contrary, of the fact, without proof of the appointment, authority or signature of the adjudicator purporting to have signed the certificate.