Acts and Regulations

2012, c.15 - Small Claims Act

Full text
Jurisdiction
5(1)Subject to subsection (5), the court
(a) has jurisdiction in an action for debt or damages, or both, if the amount claimed does not exceed the amount prescribed by regulation,
(b) has jurisdiction in an action for the recovery of possession of personal property if the value of the personal property does not exceed the amount prescribed by regulation, and
(c) has jurisdiction in an action for debt or damages, or both, combined with an action for the recovery of possession of personal property if the combined value of the amount claimed and the value of the personal property does not exceed the amount prescribed by regulation.
5(2)For the purposes of paragraph (1)(a), the amount prescribed is inclusive of interest to the date of judgment and exclusive of costs.
5(3)For the purposes of paragraph (1)(b), the amount prescribed is exclusive of costs.
5(4)For the purposes of paragraph (1)(c),
(a) the amount claimed in the combined value is inclusive of interest to the date of judgment, and
(b) the amount prescribed is exclusive of costs.
5(5)The court does not have jurisdiction
(a) in a proceeding with respect to a family matter set out in Schedule A of the Judicature Act,
(b) in an action involving title to land or interest in land,
(c) in an action concerning the entitlement of a person under a will or on an intestacy, or
(d) in an action for libel, slander, breach of promise of marriage, malicious arrest, malicious prosecution or false imprisonment.
Jurisdiction
5(1)Subject to subsection (5), the court
(a) has jurisdiction in an action for debt or damages, or both, if the amount claimed does not exceed the amount prescribed by regulation,
(b) has jurisdiction in an action for the recovery of possession of personal property if the value of the personal property does not exceed the amount prescribed by regulation, and
(c) has jurisdiction in an action for debt or damages, or both, combined with an action for the recovery of possession of personal property if the combined value of the amount claimed and the value of the personal property does not exceed the amount prescribed by regulation.
5(2)For the purposes of paragraph (1)(a), the amount prescribed is inclusive of interest to the date of judgment and exclusive of costs.
5(3)For the purposes of paragraph (1)(b), the amount prescribed is exclusive of costs.
5(4)For the purposes of paragraph (1)(c),
(a) the amount claimed in the combined value is inclusive of interest to the date of judgment, and
(b) the amount prescribed is exclusive of costs.
5(5)The court does not have jurisdiction
(a) in a proceeding with respect to a family matter set out in Schedule A of the Judicature Act,
(b) in an action involving title to land or interest in land,
(c) in an action concerning the entitlement of a person under a will or on an intestacy, or
(d) in an action for libel, slander, breach of promise of marriage, malicious arrest, malicious prosecution or false imprisonment.