Acts and Regulations

2012, c.15 - Small Claims Act

Section 48
Disposition versions

Full text
Probate Court Act
48(1)Section 65 of the Probate Court Act, chapter P-17.1 of the Acts of New Brunswick, 1982, is amended
(a) by repealing subsection (3) and substituting the following:
65(3)Where the application for the order allowing the claim or demand is one that could have been brought under the Small Claims Act, the Court shall hear and dispose of the application in accordance with the procedure established under the Small Claims Act, with such modifications as may be necessary.
(b) in subsection (6) by striking out “in accordance with the procedure established by the Rules of Court made under section 73.11 of the Judicature Act” and substituting “under the Small Claims Act”;
(c) in subsection (7) by striking out “Where the claim or demand is heard by the Court in accordance with the procedure established by the Rules of Court made under section 73.11 of the Judicature Act, the fees and costs payable shall be according to the tariff prescribed under the Rules of Court” and substituting “Where the claim or demand heard by the Court is in accordance with the procedure under the Small Claims Act, the fees and costs payable shall be according to the tariff prescribed under that Act”.
48(2)Section 67 of the Act is amended by striking out “the amount prescribed under section 73.11 of the Judicature Act” and substituting “the amount prescribed under the Small Claims Act”.
Probate Court Act
48(1)Section 65 of the Probate Court Act, chapter P-17.1 of the Acts of New Brunswick, 1982, is amended
(a) by repealing subsection (3) and substituting the following:
65(3)Where the application for the order allowing the claim or demand is one that could have been brought under the Small Claims Act, the Court shall hear and dispose of the application in accordance with the procedure established under the Small Claims Act, with such modifications as may be necessary.
(b) in subsection (6) by striking out “in accordance with the procedure established by the Rules of Court made under section 73.11 of the Judicature Act” and substituting “under the Small Claims Act”;
(c) in subsection (7) by striking out “Where the claim or demand is heard by the Court in accordance with the procedure established by the Rules of Court made under section 73.11 of the Judicature Act, the fees and costs payable shall be according to the tariff prescribed under the Rules of Court” and substituting “Where the claim or demand heard by the Court is in accordance with the procedure under the Small Claims Act, the fees and costs payable shall be according to the tariff prescribed under that Act”.
48(2)Section 67 of the Act is amended by striking out “the amount prescribed under section 73.11 of the Judicature Act” and substituting “the amount prescribed under the Small Claims Act”.