Acts and Regulations

2012, c.15 - Small Claims Act

Full text
Rules of Court
47(1)Rule 76.1 of the Rules of Court of New Brunswick, “VEXATIOUS PROCEEDINGS”, New Brunswick Regulation 82-73 under the Judicature Act and the Provincial Offences Procedure Act, is amended
(a) by adding after the heading “VEXATIOUS PROCEEDINGS” the following:
76.1.001  Definition
In this rule, Small Claims Court means the Small Claims Court of New Brunswick.
(b) in subrule 76.1.02
(i) in paragraph (1)
(A) by repealing the portion preceding clause (a) and substituting the following:
(1)  Where a judge of the Court of Queen’s Bench is satisfied, on application, that a person has persistently and without reasonable grounds commenced vexatious proceedings in the Court of Queen’s Bench or the Small Claims Court or has persistently and without reasonable grounds conducted a proceeding in a vexatious manner in the Court of Queen’s Bench or the Small Claims Court, the judge may make an order containing either or both of the following prohibitions:
(B) in clause (a) by striking out “proceeding in the Court of Queen’s Bench” and substituting “proceeding in the Court of Queen’s Bench or the Small Claims Court”;
(C) in clause (b) by striking out “commenced in the Court of Queen’s Bench” and substituting “commenced in the Court of Queen’s Bench or the Small Claims Court”.
(ii) in paragraph (3) by striking out “a proceeding in the Court of Queen’s Bench” and substituting “a proceeding in the Court of Queen’s Bench or the Small Claims Court”.
47(2)Rule 80 of the Rules of Court, “CERTAIN CLAIMS NOT EXCEEDING $30,000”, is repealed.
47(3)The Appendix of Forms to the Rules of Court is amended by repealing Forms 80A to 80U.
Rules of Court
47(1)Rule 76.1 of the Rules of Court of New Brunswick, “VEXATIOUS PROCEEDINGS”, New Brunswick Regulation 82-73 under the Judicature Act and the Provincial Offences Procedure Act, is amended
(a) by adding after the heading “VEXATIOUS PROCEEDINGS” the following:
76.1.001  Definition
In this rule, Small Claims Court means the Small Claims Court of New Brunswick.
(b) in subrule 76.1.02
(i) in paragraph (1)
(A) by repealing the portion preceding clause (a) and substituting the following:
(1)  Where a judge of the Court of Queen’s Bench is satisfied, on application, that a person has persistently and without reasonable grounds commenced vexatious proceedings in the Court of Queen’s Bench or the Small Claims Court or has persistently and without reasonable grounds conducted a proceeding in a vexatious manner in the Court of Queen’s Bench or the Small Claims Court, the judge may make an order containing either or both of the following prohibitions:
(B) in clause (a) by striking out “proceeding in the Court of Queen’s Bench” and substituting “proceeding in the Court of Queen’s Bench or the Small Claims Court”;
(C) in clause (b) by striking out “commenced in the Court of Queen’s Bench” and substituting “commenced in the Court of Queen’s Bench or the Small Claims Court”.
(ii) in paragraph (3) by striking out “a proceeding in the Court of Queen’s Bench” and substituting “a proceeding in the Court of Queen’s Bench or the Small Claims Court”.
47(2)Rule 80 of the Rules of Court, “CERTAIN CLAIMS NOT EXCEEDING $30,000”, is repealed.
47(3)The Appendix of Forms to the Rules of Court is amended by repealing Forms 80A to 80U.