41(1)In this section, “Small Claims Court” means the Small Claims Court of New Brunswick as it existed immediately before the repeal of the Small Claims Act, chapter S-9.1 of the Acts of New Brunswick, 1997.

41(2)If an adjudicator of the Small Claims Court files his or her decision with the clerk within 30 days before the commencement of this section or on or after the commencement of this section, any party to the action who attended the hearing or was represented at the hearing may appeal the adjudicator’s decision to the Court of Queen’s Bench on the substance of a claim, counterclaim or third party claim in accordance with subrule .34 of Rule 80 as though that Rule had not been repealed.

41(3)If an adjudicator of the Small Claims Court files his or her decision, other than a decision referred to in subsection (2) , with the clerk within ten days before the commencement of this section or on or after the commencement of this section, any party to the action may appeal the decision to the Court of Queen’s Bench in accordance with subrule .35 of Rule 80 as though that Rule had not been repealed.

41(4)An appeal referred to in subsection (2) or (3) shall be dealt with and concluded as though Rule 80 had not been repealed.

41(1)In this section, “Small Claims Court” means the Small Claims Court of New Brunswick as it existed immediately before the repeal of the Small Claims Act, chapter S-9.1 of the Acts of New Brunswick, 1997.

41(2)If an adjudicator of the Small Claims Court files his or her decision with the clerk within 30 days before the commencement of this section or on or after the commencement of this section, any party to the action who attended the hearing or was represented at the hearing may appeal the adjudicator’s decision to the Court of Queen’s Bench on the substance of a claim, counterclaim or third party claim in accordance with subrule .34 of Rule 80 as though that Rule had not been repealed.

41(3)If an adjudicator of the Small Claims Court files his or her decision, other than a decision referred to in subsection (2) , with the clerk within ten days before the commencement of this section or on or after the commencement of this section, any party to the action may appeal the decision to the Court of Queen’s Bench in accordance with subrule .35 of Rule 80 as though that Rule had not been repealed.

41(4)An appeal referred to in subsection (2) or (3) shall be dealt with and concluded as though Rule 80 had not been repealed.