Acts and Regulations

2012-103 - General

Full text
Current to 1 January 2024
NEW BRUNSWICK
REGULATION 2012-103
under the
Small Claims Act
(O.C. 2012-383)
Filed December 11, 2012
Under section 38 of the Small Claims Act, the Lieutenant-Governor in Council makes the following Regulation:
DEFINITIONS AND INTERPRETATION
Citation
1This Regulation may be cited as the General Regulation - Small Claims Act.
Definitions
2In this Regulation
“Act” means the Small Claims Act.(Loi)
“holiday” includes a Saturday.(jour férié)
“judicial district” means a judicial district as prescribed in section 69.(circonscription judiciaire)
Monetary jurisdiction
3The amount prescribed for each of paragraphs 5(1)(a), (b) and (c) of the Act is $20,000.
2018-23
PROCEDURE
Filing of claim
4(1)An action is commenced when a claimant files a claim (Form 1) and a copy for each defendant and each claimant, accompanied by the filing fee required under section 71, with the clerk
(a) of the judicial district in which a defendant resides,
(b) of the judicial district or one of the judicial districts in which the cause of action arose, or
(c) of the judicial district in which the claimant resides, if no defendant resides within the Province.
4(2)For the purposes of subsection (1), a corporation, partnership or unincorporated association is deemed to reside at each place where it carries on business.
4(3)In a claim, a claimant shall set out
(a) whether the claim is for money or for the recovery of possession of personal property or for both,
(b) the amount that is claimed if the claim is for money only,
(c) a description of the property and the estimated value of the property if the claim is for the recovery of possession of personal property only,
(d) the amount of money that is claimed, a description of the property and the estimated value of the property if the claim is for both money and the recovery of possession of personal property,
(e) the amount of money the claimant is abandoning if the amount claimed or the combined value of the amount claimed and the value of the personal property, as the case may be, exceeds $20,000,
(f) the basis of the claim,
(g) the mailing address, residential address and telephone number, and the e-mail address and fax number, if any, of each claimant,
(h) the name, and if known, the mailing address, residential address, telephone number, e-mail address and fax number of each defendant, and
(i) the language in which the claimant intends or the claimants intend, as the case may be, to proceed.
2018-23
Duties of clerk on filing of claim
5(1)The clerk with whom a claim is filed shall
(a) assign a number to the claim, and mark the number on all forms and documents relating to that claim,
(b) retain and file the original claim,
(c) provide a copy of the claim to each claimant or the claimant’s solicitor, and
(d) provide the claimant with a sufficient number of copies of the claim and of a response (Form 2), marked with the claim number, for service on each defendant at the claimant’s expense.
5(2)A clerk shall not accept for filing
(a) a claim for money only, if the amount claimed exceeds $20,000 and the claimant has not abandoned the excess,
(b) a claim for the recovery of possession of personal property only, if the estimated value of the property exceeds $20,000 or if the claimant does not include the estimated value of the property, or
(c) a claim for both money and the recovery of possession of personal property, if the combined value of the amount claimed and the estimated value of the personal property exceeds $20,000 and the claimant has not abandoned the excess or if the claimant does not include the estimated value of the property.
2018-23
Service
6(1)A claimant shall, at the claimant’s expense, serve each defendant with a copy of the claim filed with the clerk and a blank response (Form 2).
6(2)A claim shall be served within one year after the date of filing, unless the time is extended under section 62.
Response to claim
7(1)A defendant may respond to a claim by filing a response (Form 2), with a copy for each claimant, with the clerk of the judicial district in which the claim was filed.
7(2)A response is filed when the original, with all required copies, and the filing fee required under section 71 are received by the clerk.
7(3)In a response, a defendant may
(a) admit the claim in full,
(b) dispute the claim in full, giving the reasons, or
(c) dispute the claim in part, giving the reasons.
7(4)If a defendant admits a claim that is for debt or a part of a claim that is for debt, the defendant may request a payment hearing with respect to the debt.
7(5)In a response, a defendant shall provide his or her mailing address, residential address and telephone number, and his or her e-mail address and fax number, if any, and set out the language in which the defendant intends to proceed.
Counterclaim
8(1)A defendant may make a counterclaim against the claimant by completing the counterclaim portion of a response (Form 2) and filing the form, accompanied by the filing fee required under section 71, with the clerk of the judicial district in which the claim was filed.
8(2)In a counterclaim, a defendant shall set out
(a) whether the counterclaim is for money or for the recovery of possession of personal property or for both,
(b) the amount that is claimed if the counterclaim is for money only,
(c) a description of the property and the estimated value of the property if the counterclaim is for the recovery of possession of personal property only,
(d) the amount of money that is claimed, a description of the property and the estimated value of the property if the counterclaim is for both money and the recovery of possession of personal property,
(e) the amount of money the defendant is abandoning if the amount claimed or the combined value of the amount claimed and the value of the personal property, as the case may be, exceeds $20,000, and
(f) the basis of the counterclaim.
2018-23
When response to claim may be filed
9A response to a claim may be filed at any time before judgment is entered, but if it is not filed within 30 days after the date the defendant was served with the claim and the blank response, the claimant may proceed and judgment may be entered without further notice to the defendant.
Duties of clerk on filing of response
10(1)On receiving a response, a clerk shall
(a) retain and file the original response, and
(b) provide a copy of the response to each claimant or the claimant’s solicitor by any means that provides proof of its receipt.
10(2)A clerk shall not accept for filing a response that contains a counterclaim for the recovery of possession of personal property only or a counterclaim for both money and the recovery of possession of personal property if the defendant does not include the estimated value of the property.
10(3)A clerk shall not accept for filing a response that contains
(a) a counterclaim for money only, if the amount claimed in the counterclaim exceeds $20,000 and the defendant has not abandoned the excess,
(b) a counterclaim for the recovery of possession of personal property only, if the estimated value of the property exceeds $20,000, or if the defendant does not include the estimated value of the property, or
(c) a counterclaim for both money and the recovery of possession of personal property, if the combined value of the amount claimed in the counterclaim and the estimated value of the personal property exceeds $20,000 and the defendant has not abandoned the excess or if the defendant does not include the estimated value of the property.
2018-23
Trial of counterclaim
11A counterclaim shall be tried at or immediately after the trial of the main action unless ordered otherwise.
Counterclaim not within jurisdiction of court
12(1)If a counterclaim is a counterclaim described in paragraph 10(3)(a), (b) or (c), or if the counterclaim is not otherwise within the jurisdiction of the court, the defendant may commence an action in the Court of King’s Bench.
12(2)If the defendant commences an action in the Court of King’s Bench, the defendant may make an application to transfer the small claims action to the Court of King’s Bench in accordance with section 65.
2023, c.17, s.257
Third party claim
13(1)If a defendant who has filed a response believes that another person should pay all or part of the claimant’s claim, the defendant may make a claim against the other person by completing a third party claim (Form 3) and filing it, accompanied by the filing fee required under section 71, with the clerk of the judicial district in which the claim was filed.
13(2)A defendant shall file a third party claim (Form 3) with the clerk within 30 days after the date of service of the claim and the blank response on the defendant.
13(3)In a third party claim, a defendant shall set out
(a) whether the third party claim is for money or for the recovery of possession of personal property or for both,
(b) the amount that is claimed if the third party claim is for money only,
(c) a description of the property and the estimated value of the property if the third party claim is for the recovery of possession of personal property only,
(d) the amount of money that is claimed, a description of the property and the estimated value of the property if the third party claim is for both money and the recovery of possession of personal property,
(e) the basis of the third party claim,
(f) his or her mailing address, residential address and telephone number, and e-mail address and fax number, if any, and
(g) the name, and if known, the mailing address, residential address, telephone number, e-mail address and fax number of each third party.
13(4)Within 15 days after the third party claim is filed with the clerk, a defendant shall, at the defendant’s expense, serve the third party with a copy of the third party claim, a copy of the claim, a copy of the defendant’s response and a blank third party response (Form 4).
13(5)The clerk shall provide a copy of the third party claim to each claimant or the claimant’s solicitor by any means that provides proof of its receipt.
Response to third party claim
14(1)A person joined as a third party who wishes to defend the third party claim shall file a third party response (Form 4) and a copy for the defendant who filed the third party claim and each claimant, accompanied by the filing fee required under section 71with the clerk of the judicial district in which the claim was filed.
14(2)If a third party response (Form 4) is not filed within 30 days after the date of service of the third party claim, the matter may proceed and judgment may be entered against the third party without further notice to the third party.
14(3)In a response, a third party shall provide his or her mailing address, residential address and telephone number, and his or her e-mail address and fax number, if any, and set out the language in which the third party intends to proceed.
14(4)The clerk shall provide a copy of any third party response to the defendant who filed the third party claim or the defendant’s solicitor and to each claimant or the claimant’s solicitor.
Trial of third party claim
15(1)A third party claim shall be tried at or immediately after the trial of the main action unless ordered otherwise.
15(2)In order that a claimant is not unnecessarily prejudiced or delayed because of a third party claim, the court may impose terms, including a direction that the third party claim proceed as a separate action, if the terms do not cause injustice to other parties.
Third party claims generally
16(1)Unless otherwise specified, the provisions that apply in respect of a claim apply in respect of a third party claim, with any modifications that may be necessary.
16(2)Forms under this Regulation may be modified as necessary to accommodate a third party claim.
Amendment
17(1)Before the hearing, a party may amend the party’s claim, response, counterclaim, third party claim or third party response by filing with the clerk a copy that is marked “Amended”, in which any additions are underlined and any other changes are identified.
17(2)The amended document shall be served by the party making the amendment on all other parties, including any defendant in default.
17(3)The amended document shall be filed and served at least 14 days before the date scheduled for the hearing, unless the court, on application, allows a shorter period of time.
17(4)A party who is served with an amended document is not required to amend the party’s claim, response, counterclaim, third party claim or third party response, as the case may be.
Withdrawal
18(1)Subject to subsection (2), a party may withdraw all or part of the party’s claim, counterclaim or third party claim at any time by filing a notice of withdrawal by claimant (Form 5A) or a notice of withdrawal by defendant (Form 5B), as the case may be, with the clerk and serving a copy of the notice of withdrawal on the other parties.
18(2)If a response or third party response has been filed, a party shall not withdraw all or part of the party’s claim or third party claim without leave of the court or without the written consent of all parties, and the consent must be attached to the notice of withdrawal.
18(3)The withdrawal of a claim, counterclaim or third party claim by a party does not prejudice the right of any other party to proceed with that party’s claim, counterclaim or third party claim.
18(4)The withdrawal of a claim, counterclaim or third party claim is not a defence to a subsequent action, unless the order giving leave to withdraw or the written consent of the parties so provides.
When request for judgment may be made by claimant
19(1)A claimant may request judgment by filing with the clerk a request for judgment (Form 6) and proof of service of the claim and the blank response on the defendant if the defendant
(a) has not filed a response and 30 days have elapsed after the date of service, or
(b) has filed a response admitting the claim in full.
19(2)Despite paragraph (1)(b), if a defendant has filed a response admitting the claim in full and requests a payment hearing in accordance with section 24 and the claimant consents to participate in the hearing, the claimant may not file a request for judgment until after the payment hearing is concluded.
19(3)Subsection (2) does not apply if the defendant fails to appear for the payment hearing or if the claimant withdraws his or her consent before the payment hearing.
When request for judgment involves only debt or recovery of possession of personal property or both
20(1)Subject to the jurisdiction of the court, if a request for judgment is filed in accordance with subsection 19(1) and the claimant’s claim is only for debt, only for the recovery of possession of personal property or for both, the clerk shall enter default judgment (Form 7), including filing fees and reasonable and actual costs of service and if there is a claim for debt, interest due to the date of judgment in accordance with subsection 58(1).
20(2)A default judgment shall not be entered against a party under disability without an order of the court.
When request for judgment involves damages
21(1)If a request for judgment is filed in accordance with subsection 19(1) and the claimants’s claim is for damages only or is in part for damages, the clerk shall enter interim judgment by noting the interim judgment on the claim.
21(2)An interim judgment shall not be entered against a party under a disability without an order of the court.
21(3)If a clerk has entered interim judgment, the clerk shall set a time and place for a hearing by a Hearing Officer in respect of the amount of the damages and, subject to subsection (4), notify the parties of the time and place by any means that provides proof of receipt of the notice.
21(4)A defendant who has not filed a response is not entitled to notice of the hearing.
21(5)An interim judgment shall not be filed with the Court of King’s Bench.
21(6)At the hearing, a claimant shall not be required to prove liability against the defendant against whom an interim judgment has been entered, but shall prove the amount of damages suffered.
21(7)On receiving the decision of the Hearing Officer as to the amount of the damages, the clerk shall enter default judgment (Form 7) in respect of the claim.
21(8)Despite subsection (6), a Hearing Officer may set aside an interim judgment, subject to any terms and conditions he or she considers just, and hold a hearing on the merits of a claim if the Hearing Officer is satisfied that
(a) the defendant did not defend the action because he or she did not receive a copy of the claim or the defendant was unable to defend for good reason, and
(b) the defendant may have a valid defence to the claim.
21(9)A hearing on the merits of a claim referred to in subsection (8) may be held
(a) at the time and place scheduled for the hearing in respect to the amount of the damages, if the claimant is prepared to proceed on the question of liability at that time, or
(b) at a later time.
21(10)If a hearing on the merits of a claim is to be held at a later time, the clerk shall set a time and place for the hearing and notify the parties of the time and place by any means that provides proof of receipt of the notice.
2023, c.17, s.257; 2024, c.20, s.6
Default judgment or interim judgment on counterclaim or third party claim
22Default judgment or interim judgment shall not be entered on a counterclaim or a third party claim except at trial or on application to the court under section 66.
Setting aside default judgment or interim judgment
23(1)A defendant who has not filed a response and against whom default judgment or interim judgment is entered may apply to the court under section 66 to have the judgment set aside, and the application shall be supported by an affidavit (Form 8), sworn to or affirmed by the defendant, providing the following information:
(a) whether the defendant received a copy of the claim and if a copy was received, the date of receipt;
(b) the date on which the defendant became aware of the judgment;
(c) the reasons for the failure to defend;
(d) the basis of the defence; and
(e) the mailing address, residential address and telephone number, and the e-mail address and fax number, if any, of the defendant.
23(2)A person who makes an application referred to in subsection (1) shall attach a completed response (Form 2) to the affidavit and shall serve all other parties with a copy of the application, supporting affidavit and completed response at least ten days before the date of the hearing of the application.
23(3)If the Hearing Officer is satisfied that the party did not defend the action because the party did not receive a copy of the claim or the party was unable to defend for good reason, and if the Hearing Officer is satisfied that the party may have a valid defence to the claim, the Hearing Officer may order that the judgment be set aside, with costs, subject to any terms and conditions that the Hearing Officer considers just.
23(4)If a Hearing Officer sets aside a default or interim judgment, a clerk shall notify all other parties and forward a copy of the order to the clerk of the Court of King’s Bench if the judgment has been filed in that Court.
23(5)A clerk may by order, with the consent of the parties, set aside a default judgment or interim judgment and subsections (3) and (4) apply with the necessary modifications in respect of the order.
23(6)If a judgment is set aside under subsection (3) or (5), the clerk shall set a time and place for a hearing by a Hearing Officer in respect of the claim and notify the parties of the time and place by any means that provides proof of receipt of the notice.
2023, c.17, s.257; 2024, c.20, s.6
Payment hearing
24(1)If a claim is for debt only or in part for debt and a defendant in a response admits any part of the claim that is for debt and requests in the response that a payment hearing be conducted to assist the parties in arranging a schedule for the payment of the amount owing, a clerk shall ascertain if the claimant agrees to a payment hearing and shall notify the defendant of the claimant’s reply.
24(2)If the claimant agrees to a payment hearing, a clerk shall send a notice (Form 9) to the parties of the time and place of the payment hearing to be conducted by the clerk, by any means that provides proof of receipt of the notice.
24(3)A defendant shall bring all relevant financial information to the payment hearing, including a copy of his or her income tax return for the previous year and proof of present earnings.
24(4)If the parties agree to a schedule for payment of the debt at a payment hearing, the parties shall enter into a payment agreement (Form 10) and the clerk shall file the agreement with the court and give a copy to the parties.
24(5)If a payment agreement is filed with the court, a claimant shall not request judgment against the defendant unless the defendant fails to make a payment in accordance with the agreement.
24(6)If a defendant fails to make a scheduled payment in accordance with the payment agreement, the claimant may, without notice to the defendant, request judgment (Form 6) for the balance owing, and the clerk may enter default judgment in respect of the claim (Form 7) including filing fees, reasonable and actual costs of service and interest due to the date of judgment in accordance with subsection 58(1).
If action is defended
25If an action is defended, a clerk shall set a time and place for a hearing before a Hearing Officer in respect of the claim.
2024, c.20, s.6
Notice of hearing
26(1)At least 20 days before the date scheduled for the hearing referred to in section 25, a clerk shall send a notice of hearing (Form 11)
(a) to each party at the address shown on the party’s claim or response, as the case may be, or at any other address provided to the clerk, or
(b) to a party’s solicitor if the party is represented by a solicitor.
26(2)The clerk shall send the notice of hearing by any means that provides proof of its receipt.
Representation of party at hearing
27A party to an action may be self-represented or may be represented by
(a) a solicitor,
(b) an articled student-at-law,
(c) an unpaid agent, with leave of the Hearing Officer,
(d) an officer or employee, if a corporation, or
(e) a partner or employee, if a partnership.
2024, c.20, s.6
Summons to witness
28(1)At the request of a party to a hearing, a clerk shall issue a summons to witness (Form 12) requiring a witness to attend at the time and place specified and at any later time as required to give evidence and, when directed, to produce documents in the custody or control of the witness that are specified in the summons to witness.
28(2)The clerk shall provide the party who made the request with the summons to witness to serve on the witness at the party’s expense.
28(3)A person served with a summons to witness is entitled to a witness allowance as set out in section 29 to be paid at the time of service by the party at whose request the summons to witness was issued.
Witness allowance
29A witness allowance shall be paid as follows:
(a) for each day of attendance, $35;
(b) for each half day of attendance, $18;
(c) for an overnight stay, $30; and
(d) for travel between the witness’s residence and the place of hearing and return, mileage at the rate of $0.20 per kilometre.
Settlement opportunities
30(1)The parties to a hearing may contact a mediator before a hearing for the purpose of discussing settlement of an action that has been set down for a hearing.
30(2)The costs of a mediation process shall be borne by the parties to it, as agreed to between or among them.
30(3)Documents and notes that relate to a mediation are confidential and do not form any part of the court records with respect to the action to which the mediation relates.
Hearing Officer to ask parties about discussing settlement
2024, c.20, s.6
31Before commencing a hearing, a Hearing Officer shall ask the parties if they have discussed the possibility of reaching a settlement and, if they have not, shall give them an opportunity to settle the matter before proceeding with the hearing.
2024, c.20, s.6
Settlement
32(1)If the parties reach a settlement, the parties may do any or all of the following:
(a) enter into a settlement agreement (Form 13), signed by all the parties;
(b) request judgment in accordance with the terms of the settlement agreement, if the agreement includes those terms;
(c) file the settlement agreement with the court;
(d) file a notice of withdrawal by claimant (Form 5A) with the court; and
(e) file a notice of withdrawal by defendant (Form 5B) with the court.
32(2)A Hearing Officer may direct judgment in accordance with the parties’ request under paragraph (1)(b), and the clerk, on receiving the directions of the Hearing Officer, shall enter judgment and issue a formal judgment (Form 14) and file it with the Court of King’s Bench.
2023, c.17, s.257; 2024, c.20, s.6
Failure to comply with settlement agreement
33(1)If the parties have entered into a settlement agreement (Form 13) and a party has failed to comply with the terms of the agreement, the other party may apply to the court under section 66 for an order directing judgment in accordance with the terms of the agreement.
33(2)A party who makes an application referred to in subsection (1) shall attach a copy of the settlement agreement to the application.
33(3)An application referred to in subsection (1) may be made without notice to the party against whom the judgment is sought.
33(4) A Hearing Officer may direct judgment in accordance with a party’s application, and the clerk, on receiving the directions of the Hearing Officer, shall enter judgment and issue a formal judgment (Form 14) and file it with the Court of King’s Bench.
2023, c.17, s.257; 2024, c.20, s.6
Hearing
34(1)A Hearing Officer shall conduct a hearing as informally as possible while maintaining the dignity and decorum of the court.
34(2)If two or more actions are pending and it appears to a Hearing Officer that there is a common question of law or fact in both or all of the actions, or it is desirable in the interests of justice, the Hearing Officer may order that the actions be heard at the same time.
34(3)A Hearing Officer may
(a) examine witnesses,
(b) investigate the claims of a party to an action and carry out any inspection the Hearing Officer considers necessary,
(c) receive evidence presented by affidavit,
(d) ask questions as the Hearing Officer thinks fit,
(e) inform himself or herself in any other manner as to the matters in dispute,
(f) administer oaths and affirmations, and
(g) adjourn a hearing.
34(4)If evidence is presented by affidavit, a Hearing Officer may adjourn to permit the party presenting the affidavit to call the person who made the affidavit to be examined orally.
34(5)A person called as a witness shall be sworn or shall make solemn affirmation and shall not refuse to answer questions unless the Hearing Officer directs the person not to answer.
34(6)At the hearing, a party may be permitted to amend the party’s claim, response, counterclaim or third party claim, as may be just.
2024, c.20, s.6
Failure to attend hearing
35(1)If a claimant fails to attend at the hearing, the Hearing Officer may
(a) dismiss the action of the claimant and permit the defendant to prove the counterclaim, if any, or
(b) adjourn the hearing to a set date.
35(2)If a defendant fails to attend at the hearing, the Hearing Officer may
(a) dismiss the counterclaim and third party claim, if any, and permit the claimant to prove the claim, or
(b) adjourn the hearing to a set date.
35(3)If a third party fails to attend at the hearing, the Hearing Officer may
(a) permit the claimant to prove the claim and the defendant to prove the third party claim and the counterclaim, if any, or
(b) adjourn the hearing to a set date.
35(4)If a Hearing Officer adjourns the hearing under this section, the clerk shall notify all parties of the new hearing date by any means that provides proof of receipt of the notice.
35(5)If a party fails to appear at the resumption of a hearing, the Hearing Officer shall dismiss the party’s claim, counterclaim or third party claim, as the case may be, and the other parties may proceed to prove their claim, counterclaim or third party claim, as the case may be.
2024, c.20, s.6
Decision of Hearing Officer
2024, c.20, s.6
36(1)The decision of the Hearing Officer shall be
(a) in writing and rendered as soon as possible after the hearing is concluded, with reasons for it, and
(b) filed with the clerk no more than six months after the hearing is concluded.
36(2)The Hearing Officer may advise the parties of the decision at the end of the hearing.
36(3)If the time limit referred to in paragraph (1)(b) cannot be met, the Hearing Officer shall advise the clerk in writing of the reasons why it cannot be met.
2024, c.20, s.6
Judgment
37(1)When a Hearing Officer files his or her decision, the clerk shall without delay enter judgment and may issue a formal judgment (Form 14) and file it with the Court of King’s Bench.
37(2)The effective date of a judgment is the date the written decision of the Hearing Officer is filed with the clerk.
37(3)The clerk shall send each party a copy of the Hearing Officer’s decision filed under section 36 and shall return any exhibit to the party who offered it in evidence or advise the party that the exhibit is to be picked up at the clerk’s office.
2023, c.17, s.257; 2024, c.20, s.6
Setting judgment aside after hearing
38(1)A party who fails to attend a hearing and against whom a judgment has been entered may apply to the court under section 66 to have the judgment set aside, and the application shall be supported by an affidavit (Form 15) sworn to or affirmed by the party.
38(2)An application referred to in subsection (1) shall be served on all parties to the application at least ten days before the date of the hearing of the application.
38(3)The Hearing Officer may order that the judgment be set aside and order a new hearing on any terms and conditions he or she considers just if the Hearing Officer is satisfied that the party did not attend the hearing because
(a) the party did not receive notice of the hearing, or
(b) the party was unable to attend for good reason.
38(4)If the Hearing Officer makes an order under subsection (3), the clerk shall file the order with the Court of King’s Bench to set the judgment aside if the judgment has been filed in that Court.
38(5)If a judgment is set aside under subsection (3), the clerk shall schedule a new hearing date and notify all the parties of the time and place by any means that provides proof of receipt of the notice.
2023, c.17, s.257; 2024, c.20, s.6
APPEAL TO COURT OF KING’S BENCH
2023, c.17, s.257
Appeal by way of a new hearing
Repealed: 2024-78
2024-78
39Repealed: 2024-78
2023, c.17, s.257; 2024-78
Judgment on an appeal by way of new hearing
Repealed: 2024-78
2024-78
40Repealed: 2024-78
2023, c.17, s.257; 2024-78
Exhibits
Repealed: 2024-78
2024-78
41Repealed: 2024-78
2024-78
Appeal by application
Repealed: 2024-78
2024-78
42Repealed: 2024-78
2023, c.17, s.257; 2024-78
Appeal on question of law or jurisdiction
2024-78
42.1(1)In this section, “clerk” means the clerk of the Court of King’s Bench.
42.1(2)A party to an action may appeal a decision of the court on a question of law or jurisdiction to the Court of King’s Bench by filing a notice of appeal (Form 17.1) with the clerk of the judicial district where the action was heard, with the filing fee required by the Rules of Court.
42.1(3)A notice of appeal shall be filed within 30 days after the date the decision under appeal is filed in accordance with section 36.
42.1(4)On receiving a notice of appeal, the clerk shall
(a) set a date, time and place for the hearing of the appeal, add that information to the notice of appeal and return the notice of appeal to the appellant, and
(b) send a copy of the notice of appeal referred to in paragraph (a) to the court and request that the court provide a summary report.
42.1(5)Within 15 days after the date the notice of appeal is filed under subsection (2), the appellant shall serve on each respondent a copy of the notice of appeal that contains the date, time and place of the hearing.
42.1(6)A summary report shall contain the following information and documents with respect to the decision under appeal:
(a) a summary of any findings of law and fact made by the court;
(b) any interpretation of documents made by the court; and
(c) a copy of the decision.
42.1(7)On receiving a summary report, the clerk shall without delay send each party a copy by any means that provides proof of receipt of the copy.
42.1(8)At least seven days before the date set for the hearing of the appeal, the appellant shall file proof of the service referred to in subsection (5) with the clerk.
42.1(9)If the appellant fails to file proof of service in accordance with subsection (8), the clerk may remove the hearing of the appeal from the list of cases to be heard by the Court of King’s Bench.
42.1(10)The record on appeal consists of
(a) the pleadings and exhibits in the small claims action, and
(b) the summary report referred to in subsection (6).
42.1(11)If an appellant intends to rely on a further written argument, the appellant shall file it with the clerk within 30 days after the date the notice of appeal was filed under subsection (2).
42.1(12)The clerk shall send a copy of the appellant’s further written argument to each other party by any means that provides proof of receipt of the copy.
42.1(13)If a respondent intends to rely on a further written argument, the respondent shall file it with the clerk within 30 days after the date the copy of the appellant’s further written argument was sent to the respondent under subsection (12).
42.1(14)If the appellant does not file a further written argument and the respondent intends to rely on a further written argument, the respondent shall file it with the clerk within 45 days after the date the notice of appeal was filed under subsection (2).
42.1(15)The clerk shall send a copy of the respondent’s further written argument to each other party by any means that provides proof of receipt of the copy.
42.1(16)A further written argument shall not exceed 20 pages unless, at the request of a party, a judge of the Court of King’s Bench grants the party permission to exceed 20 pages.
42.1(17)If in the judge’s opinion it is appropriate, a judge of the Court of King’s Bench may conduct the hearing of an appeal under this section in accordance with the relaxed rules of evidence prescribed under section 11 the Act and the relaxed procedure set out under section 34 of this Regulation.
42.1(18)On the hearing of an appeal, the judge of the Court of King’s Bench may
(a) allow the appeal,
(b) dismiss the appeal, or
(c) make any other order that the judge considers appropriate.
2024-78
Transitional provision
2024-78
42.2(1)A request for appeal by way of a new hearing that was filed under section 39 as it read immediately before the commencement of this section shall be dealt with and concluded as though sections 39, 40 and 41 had not been repealed.
42.2(2)A notice of appeal by application that was filed under section 42 as it read immediately before the commencement of this section shall be dealt with and concluded as though section 42 had not been repealed.
2024-78
APPEAL TO COURT OF APPEAL
Appeal on question of law alone
43A decision of the Court of King’s Bench following an appeal under section 42.1 may, with leave from a judge of the Court of Appeal, be appealed to the Court of Appeal on a question of law alone.
2023, c.17, s.257; 2024-78
Leave to appeal
44(1)A request for leave to appeal (Form 18) to the Court of Appeal, accompanied by the filing fee required by the Rules of Court, shall be filed with the Registrar of the Court of Appeal within 30 days after the filing of the decision of the judge of the Court of King’s Bench.
44(2)The appellant shall set out the grounds for appeal in the request for leave to appeal and shall attach to the form the written argument and a copy of the documentary evidence on which the appellant intends to rely.
44(3)The Registrar of the Court of Appeal shall notify the clerk of the Court of King’s Bench of the filing of the request for leave to appeal and the clerk of the Court of King’s Bench shall forward his or her file on the action to the Registrar of the Court of Appeal.
44(4)The Registrar of the Court of Appeal shall send a copy of the request for leave to appeal and the attached written argument and documentary evidence to each respondent by any means that provides proof of receipt of the copy.
44(5)A respondent has 30 days after the date of the sending of the request for leave to appeal to file with the Registrar of the Court of Appeal a written argument and a copy of the documentary evidence on which the respondent intends to rely.
44(6)The Registrar of the Court of Appeal shall send a copy of a respondent’s written argument and documentary evidence to each other party to the appeal by any means that provides proof of receipt of the copy.
44(7)A written argument shall not exceed 20 pages unless, at the request of a party, the Chief Justice of New Brunswick grants the party permission to exceed 20 pages.
44(8)Subject to subsection (9), a judge of the Court of Appeal shall dispose of a request for leave to appeal under this section on the basis of the written arguments of the parties and any other documents relevant to the appeal without hearing oral argument, unless, in the opinion of the judge of the Court of Appeal, it is appropriate to hear oral argument.
44(9)If directed by the judge of the Court of Appeal, the Registrar of the Court of Appeal shall set a time for hearing the request for leave to appeal and notify the parties of the time.
44(10) Each party shall have 30 minutes to present his or her oral argument at the hearing of the request for leave to appeal unless, at the request of a party, the judge grants the party further time.
2023, c.17, s.257
Notice of appeal
45(1)If leave to appeal is granted, the Registrar of the Court of Appeal shall notify the parties by any means that provides proof of receipt of the notice and the appellant shall, within 30 days after the Registrar of the Court of Appeal has sent the notice, file a notice of appeal (Form 19) with him or her along with any filing fee required by the Rules of Court and shall order, at the appellant’s own expense, the transcript of evidence from the court stenographer.
45(2)The Registrar of the Court of Appeal shall send a copy of the notice of appeal to each respondent by any means that provides proof of receipt of the notice.
Transcript of evidence
46(1)When a transcript of evidence is completed, the court stenographer shall forward without delay the original transcript to the Registrar of the Court of Appeal who shall notify all parties to the appeal by any means that provides proof of receipt of the notice that the transcript is completed.
46(2)If the Registrar of the Court of Appeal has not received the transcript of evidence within four months after the date of the Notice of Appeal was filed, he or she shall send a demand to the appellant by any means that provides proof of receipt of the demand, requiring the appellant to notify the Registrar of the Court of Appeal whether or not the appellant has ordered the transcript of evidence and shall send a copy of the demand to each respondent.
46(3)The appellant shall respond to the demand from the Registrar of the Court of Appeal within 30 days after it is sent and shall send a copy of his or her response to each respondent.
46(4)If the appellant indicates in the response that he or she has not ordered the transcript of evidence, the Registrar of the Court of Appeal shall send a notice to the appellant by any means that provides proof of receipt of the notice requiring the appellant to order the transcript and provide proof that the appellant has done so and shall send a copy of the notice to each respondent.
46(5)The appellant shall comply with the notice from the Registrar of the Court of Appeal within seven days after it is sent.
46(6)The Registrar of the Court of Appeal shall dismiss the appeal for delay if the appellant does not respond to the demand under subsection (2) or comply with the notice from the Registrar of the Court of Appeal within the time specified in subsection (5) and shall notify each appellant and respondent of the dismissal.
Further written argument
47(1)If an appellant intends to rely on a further written argument, the appellant shall, within 30 days after the date the notice was sent under subsection 46(1), file the further written argument with the Registrar of the Court of Appeal.
47(2)The Registrar of the Court of Appeal shall send a copy of the appellant’s further written argument to each other party by any means that provides proof of receipt of the copy.
47(3)If a respondent intends to rely on a further written argument, the respondent shall, within 30 days after the date a copy of the appellant’s further written argument was sent to the respondent under subsection (2), file the respondent’s written argument with the Registrar of the Court of Appeal.
47(4)If the appellant does not file a further written argument and the respondent intends to rely on a further written argument, the respondent shall, within 60 days after the date the notice was sent under subsection 46(1), file a further written argument with the Registrar of the Court of Appeal.
47(5)The Registrar of the Court of Appeal shall send a copy of the respondent’s written argument to each other party by any means that provides proof of receipt of the copy.
47(6)A further written argument shall not exceed 20 pages unless, at the request of a party, the Chief Justice of New Brunswick grants the party permission to exceed 20 pages.
Hearing of appeal
48(1)When an appeal is ready for hearing, the Registrar of the Court of Appeal shall
(a) place it on the List of Cases to be heard by the Court of Appeal in accordance with Rule 62.17 of the Rules of Court,
(b) give notice to the parties of the time the appeal will be heard by any means that provides proof of receipt of the notice, and
(c) provide enough copies for the use of the Court of Appeal of
(i) the order granting the leave to appeal,
(ii) the notice of appeal,
(iii) any written arguments of the parties,
(iv) the file of the clerk of the Court of King’s Bench, including any exhibits, and
(v) the decision being appealed.
48(2) Each party shall have one hour to present his or her oral argument at the hearing of an appeal unless, at the request of a party, the Court of Appeal grants the party further time.
48(3)On the hearing of an appeal, the Court of Appeal may
(a) allow the appeal,
(b) dismiss the appeal, or
(c) make any other order as the Court considers just.
2023, c.17, s.257
Determination of appeal
49(1)On the determination of an appeal, the Registrar of the Court of Appeal shall issue the formal judgment of the Court of Appeal, send a copy of the judgment to the parties and to the clerk of the Court of King’s Bench for the judicial district where the appeal was commenced.
49(2)After the determination of an appeal, the Registrar of the Court of Appeal shall return the file of the clerk of the Court of King’s Bench to that clerk’s office and shall return any exhibit to the party who offered it in evidence or advise the party that the exhibit is to be picked up at the office of the Registrar of the Court of Appeal.
2023, c.17, s.257
GENERAL
Service of documents
50(1)Except as otherwise provided in this section, a document that is required to be served on a person shall be served as follows:
(a) on an individual, except an individual under a disability referred to in paragraphs (n) to (r),
(i) by leaving a copy of it with the person,
(ii) by sending a copy of it by prepaid registered mail or prepaid courier to him or her, or
(iii) by leaving a copy of it with a person who appears to be an adult and an occupant of the dwelling in which the individual to be served resides, and by sending another copy by ordinary mail on the same or next day addressed to the individual to be served, at his or her place of residence;
(b) on a corporation,
(i) by leaving a copy of it with a director or officer of the corporation,
(ii) by leaving a copy of it with a person at a place of business of the corporation who appears to manage or control the business at that place,
(iii) by leaving a copy of it at a place of business of the corporation with a receptionist who works at that place,
(iv) by leaving a copy of it at the registered office of the corporation,
(v) by sending a copy of it by prepaid registered mail or prepaid courier to the registered office of the corporation, or
(vi) if the corporation is an extra-provincial corporation, by sending a copy of it by prepaid registered mail or prepaid courier to the address of the attorney for service for the corporation;
(c) on a partnership,
(i) by leaving a copy of it with a partner,
(ii) by leaving a copy of it with a person at a place of business of the partnership who appears to manage or control the business at that place,
(iii) by leaving a copy of it at a place of business of the partnership with a receptionist who works at that place, or
(iv) by sending a copy of it by prepaid registered mail or prepaid courier to a partner;
(d) on a person who resides outside New Brunswick and who carries on business in New Brunswick, by leaving a copy of it with any person in New Brunswick carrying on business for that person in New Brunswick;
(e) on a sole proprietorship,
(i) by leaving a copy of it with the sole proprietor,
(ii) by leaving a copy of it with any person at a place of business of the sole proprietor who appears to be in control or management at that place,
(iii) by leaving a copy of it at a place of business of the sole proprietor with a receptionist who works at that place, or
(iv) by sending a copy of it by prepaid registered mail or prepaid courier to the sole proprietor;
(f) on a local government, by leaving a copy of it with the mayor, deputy mayor, clerk, assistant clerk or with any solicitor for the local government;
(g) Repealed: 2017, c.20, s.169
(h) on an unincorporated association, by leaving a copy of it with an officer of the association, with a receptionist who works at a place of business of the association or with any person at any office or premises occupied by the association who appears to be in control or management of the premises;
(i) on any board, tribunal or commission, by leaving a copy of it with the secretary, an officer or a member;
(j) on the Crown in right of the Province, by serving in accordance with the provisions of the Proceedings Against the Crown Act;
(k) on the Crown in right of Canada, by serving in accordance with the provisions of the Crown Liability and Proceedings Act (Canada);
(l) on the Attorney General, by leaving a copy of it with him or her or with any lawyer employed in the Office of the Attorney General, the part of the Department of Justice and Public Safety that includes the Legal Services Branch, the Legislative Services Branch, the Family Crown Services Branch and the Public Prosecution Services Branch, at Fredericton;
(m) on the estate of a deceased person by leaving a copy of it with the executor or other personal representative of the estate of the deceased person or the litigation administrator representing the estate of the deceased person;
(n) on a minor, by leaving a copy of the document with his or her parent, guardian or another adult with whom or in whose care he or she resides, and, if the minor is of the age of 16 years or over, by leaving a copy of the document with him or her;
(o) on a person of whose estate the Public Trustee is the committee by virtue of the Mental Health Act, by leaving a copy of it with the Public Trustee;
(p) on a person for whom a representative has been appointed under the Supported Decision-Making and Representation Act, by leaving a copy of it with the representative;
(q) on a person who lacks the capacity to make decisions with respect to the proceeding but for whom a representative has not been appointed, by leaving a copy of it with the person and with the person in whose care the person resides; and
(r) on a person declared to be an absentee under the Presumption of Death Act, by leaving a copy of the document with his or her committee.
50(2)Service by prepaid registered mail or prepaid courier shall be deemed to have been effected if any one of the following is returned to and received by the sender:
(a) the acknowledgment of receipt card or a copy of it, bearing the purported signature of the person to whom the document was sent;
(b) a post office receipt or a courier receipt, or a copy of it, bearing the purported signature of the person to whom the document was sent;
(c) any other form of acknowledgement of receipt in writing or a copy of it, bearing the purported signature of the person to whom the document was sent; and
(d) confirmation in writing from the carrier that the document was delivered to the person to whom the document was sent.
50(3)Paragraph (2)(d) is satisfied by a written confirmation printed from the Internet Web site of the carrier that the document was delivered to the addressee at the address on the document, together with the date of delivery and the name of the person who signed for the delivery.
50(4)For the purposes of service by prepaid registered mail or prepaid courier on a corporation, the signature of any of the following is sufficient for the purposes of subsection (2):
(a) an officer or director of the corporation;
(b) any person who accepts mail on behalf of the corporation at its registered office; and
(c) an attorney for service for the corporation.
50(5)When serving a document, it is not necessary for the server to produce the original document or for the server to have it in his or her possession.
50(6)A party who is represented by a solicitor may be served by leaving a copy of the document with his or her solicitor if the solicitor endorses on the copy his or her acceptance of service and the date of acceptance and by so doing, the solicitor shall be deemed to represent to the court that he or she has the authority of his or her client to accept service.
2013, c.42, s.18; 2017, c.20, s.169; 2019, c.2, s.138; 2020, c.25, s.106; 2022, c.60, s.84
Service by registered mail or courier
51Service by prepaid registered mail or prepaid courier shall be deemed to have been effected on the date the delivery was made to the recipient as it appears in a written acknowledgement or confirmation of delivery provided for in subsection 50(2).
Service in another manner
52If it appears to the court that service of a document has not been provided for under section 50 or that service under section 50 is impractical, the court may, on application, make an order for service in any manner that the court considers appropriate, and in the order for service, the court shall specify when service in accordance with the order is effective.
Proof of service
53(1)The service of a document may be proved by an affidavit (Form 20), sworn to or affirmed, by the person effecting the service.
53(2)If service is by prepaid registered mail or prepaid courier, and service is proved by an affidavit of service, the original or a copy of a written acknowledgement or confirmation of delivery provided for in subsection 50(2) shall be attached to the affidavit of service.
53(3)The written admission or acceptance of service by a solicitor is sufficient proof of service and need not be verified by an affidavit.
Persons under a disability
54(1)An action by or against a person under a disability shall be commenced, continued or defended in the case of
(a) a minor, by a litigation guardian,
(b) a person of whose estate the Public Trustee is the committee by virtue of the Mental Health Act, by the committee,
(c) a person for whom a representative has been appointed under the Supported Decision-Making and Representation Act, by the representative,
(d) a person who lacks the capacity to make decisions with respect to the proceeding but for whom a representative has not been appointed, by a litigation guardian, and
(e) a person declared to be an absentee under the Presumption of Death Act, by a committee or if there is no committee, by a litigation guardian.
54(2)A person who is not under a disability may act as a litigation guardian for a claimant or defendant who is under a disability and shall file with the clerk a consent to act as a litigation guardian (Form 21).
54(3)A consent shall indicate
(a) the nature of the disability,
(b) the relationship of the litigation guardian to the person under the disability,
(c) a statement that the litigation guardian has no interest in the proceeding adverse to that of the person under the disability, and
(d) if the litigation guardian is acting on behalf of a claimant, an acknowledgement that the litigation guardian is aware of his or her personal liability for costs awarded against him or her.
54(4)If it appears to the court that a claimant or defendant is a person under a disability and there is no committee or litigation guardian, the court may, on application or on its own motion, at any stage of a proceeding appoint a person as a litigation guardian who has no interest adverse to that of the claimant or defendant, as the case may be.
2022, c.60, s.84
Duties of litigation guardian
55A litigation guardian shall diligently attend to the interests of the person under disability and take all steps reasonably necessary for the protection of those interests, including the commencement and conduct of a counterclaim or third party claim.
Proceedings against an estate if no personal representative
56(1)If a deceased person has no personal representative and a person wishes to commence or continue proceedings against the estate of the deceased person, the court may, on application, appoint a litigation administrator to represent the estate in the proceeding.
56(2)A litigation administrator shall take all proceedings that may be reasonably necessary for the protection of the interests of the estate.
56(3)Before making an order appointing a litigation administrator, the court may require notice to be given to any insurer of the deceased person who has an interest in the proceeding, to the Attorney General if the proceeding may impose a liability on the Consolidated Fund, and to any other person who may have an interest in the estate.
56(4)A judgment in a proceeding to which a litigation administrator is a party binds the estate of the deceased person, but has no effect against the litigation administrator in his or her personal capacity.
Powers of the court
57(1)The court may at any time remove or replace a litigation guardian or a litigation administrator.
57(2)No settlement of a claim made by or against a person under a disability is binding on the person without approval of the court.
Interest
58(1)Interest on a debt shall be calculated at the stated rate agreed between the parties to the date of judgment.
58(2)A Hearing Officer may award prejudgment interest for damages to the date of judgment.
58(3)The rate of interest that a judgment is to bear from the time the judgment takes effect shall be 7% per year.
2024, c.20, s.6
Costs
59(1)No costs shall be awarded except as provided in this Regulation.
59(2)A successful party is entitled to recover costs from the unsuccessful party.
59(3)For the purposes of this Regulation, costs shall consist of the following:
(a) fees paid for filing;
(b) reasonable and actual fees paid for service of any document;
(c) the witness allowance paid to any witnesses by the party;
(d) if a default judgment has been set aside, fees incurred by the party with respect to execution on the default judgment;
(e) the fee paid for the transcript of evidence as the result of an appeal; and
(f) the costs, if any, awarded under subsection (4).
59(4)Costs may be awarded if, in the opinion of a Hearing Officer or a judge of the Court of King’s Bench or Court of Appeal, an action has been brought or defended unreasonably, but the costs ordered under this subsection shall not exceed $500.
59(5)With respect to costs awarded under subsection (4), the Court of King’s Bench may consider what transpired before the court, including any decision by the Hearing Officer, and the Court of Appeal may consider what has transpired before the court and the Court of King’s Bench, including any decision of a Hearing Officer or judge.
2023, c.17, s.257; 2024, c.20, s.6
Computation of time
60Unless a contrary intention appears, in the computation of time under this Regulation or under an order or judgment of the court,
(a) if a number of days is prescribed, it shall be reckoned exclusively of the first day and inclusively of the last day,
(b) if a period of less than seven days is prescribed, holidays shall not be counted,
(c) if the time for doing an act or taking a step in a proceeding expires on a holiday, the act or step may be done or taken on the next day that is not a holiday, and
(d) service of a document, other than a claim, counterclaim or third party claim, made after 4 p.m. or on a holiday shall be deemed to have been made on the next day that is not a holiday.
Filing of documents
61The date of filing of a document received through the mail by a clerk, a clerk of the Court of King’s Bench or the Registrar of the Court of Appeal shall be deemed to be the date stamped on the document as the date of receipt.
2023, c.17, s.257
Extension or abridgment of time
62(1)Subject to subsections (3) and (4), the court may, on the terms it considers just, extend or abridge the time prescribed by an order or judgment or by this Regulation.
62(2)An application for the extension of time may be made either before or after the expiration of the time prescribed.
62(3)A time prescribed by this Regulation with respect to an appeal under section 42.1 may be extended, either before or after it has expired, only by a judge of the Court of King’s Bench.
62(4)A time prescribed by this Regulation with respect to an appeal under section 43 may be extended, either before or after it has expired, only by the Court of Appeal or a judge of the Court of Appeal.
62(5)A time prescribed by this Regulation for serving, filing or delivering a document may be extended or abridged by consent of the parties.
2023, c.17, s.257; 2024-78
Incapacity of Hearing Officer
2024, c.20, s.6
63(1)If a proceeding or other matter is before a Hearing Officer who dies, ceases to hold office, becomes incapacitated or is otherwise unable to complete or render a decision in respect of the matter, the Registrar may designate another Hearing Officer.
63(2)A Hearing Officer designated under subsection (1) shall
(a) rehear the matter, or
(b) with the consent of all the parties, complete and decide the matter.
2024, c.20, s.6
Transfer to another judicial district
64(1)If an action is commenced in the wrong judicial district, a clerk may transfer the action to the correct judicial district and the action shall be deemed to have been commenced in the correct judicial district.
64(2)A clerk may transfer an action to another judicial district on the consent of the parties.
64(3)The court may, on application, transfer an action to another judicial district, if it is satisfied that there would be a hardship to the party if the action were not transferred.
64(4)If an action is transferred, the clerk shall forward all documents relating to the action to the clerk of the judicial district where the action is transferred, and the proceeding shall continue as if the claim had been filed in the judicial district to which it is transferred.
Application to transfer to the Court of King’s Bench
2023, c.17, s.257
65(1)An application to transfer a small claims action to the Court of King’s Bench shall be in Form 22.
65(2)If a party applies to the Court of King’s Bench to transfer a small claims action to that Court of King’s Bench and files a copy of the application (Form 22) with the clerk of the court, no further proceedings shall be taken in the court until the application has been disposed of by the Court of King’s Bench.
65(3)An application under this section shall be served by the applicant on all other parties to the application at least ten days before the date of the hearing of the application.
2023, c.17, s.257
Applications
66(1)An application to the court for any of the following orders shall be in Form 23:
(a) an order for a default judgment on a counterclaim or third party claim;
(b) an order setting aside a default or interim judgment;
(c) an order setting aside a judgment after a hearing;
(d) an order for judgment on the terms of a settlement agreement;
(e) an order for service in another manner;
(f) an order appointing a litigation guardian or a litigation administrator;
(g) an order extending or abridging a time limit;
(h) an order transferring the matter to another judicial district;
(i) an order certifying a memorandum of satisfaction of judgment; or
(j) any other order that is sought in respect of an action.
66(2)Unless otherwise ordered by a Hearing Officer, an application under this section shall be served by an applicant on the other parties to an action at least ten days before the hearing date of the application, along with any supporting documentation.
66(3)Subsection (2) does not apply to an order for service in another manner.
2024, c.20, s.6
Warrant to apprehend
67A warrant to apprehend under subsection 13(1) of the Act shall be in Form 24.
Certificate of Hearing Officer
2024, c.20, s.6
68A certificate of Hearing Officer under subsection 13(6) of the Act shall be in Form 25A and under subsection 14(2) of the Act shall be in Form 25B.
2024, c.20, s.6
ADMINISTRATIVE
Judicial districts
69The judicial districts for the court are the same as the judicial districts established for the Court of King’s Bench by New Brunswick Regulation 83-120 under the Judicature Act.
2023, c.17, s.257
Certified copies of documents
70(1)If it is shown that a person is affected by a document, that person, on the payment of the prescribed fee, is entitled to receive a certified copy of the document from a clerk or a person authorized by a clerk.
70(2)If a certified copy is issued by a person authorized by a clerk, there shall be placed below that person’s name the words “Under written authorization of the clerk of the judicial district of _______, dated the ___ day of ________________, 20___”.
70(3)A certified copy provided by a clerk or a person authorized by the clerk is valid without proof of the appointment or authorization, signature or authority of the clerk or person.
Fees
71(1)The following fees are prescribed for the purposes of this Regulation:
(a) for filing a claim or a response with a counterclaim
(i) if the total of the claim or the counterclaim is $3,000 or less, $50, and
(ii) if the total of the claim or the counterclaim exceeds $3,000, $100;
(b) for filing a response denying all or part of a claim, with no counterclaim, $25;
(c) for filing a third party claim, $50;
(d) for filing a third party response denying all or part of a third party claim, $25;
(e) for a photocopy of a document, $0.50 per page;
(f) for a certified copy of a document, $10; and
(g) for a search, $10.
71(2)The fees prescribed under this section are not payable by
(a) a party represented by a solicitor who is an agent of the Attorney General of New Brunswick, or
(b) the Public Trustee.
Waiver of filing fee
72If a claimant obtains a default judgment for the recovery of possession of personal property and is unable to recover the personal property from the defendant and the claimant subsequently commences an action for damages for the loss of the property, the filing fee in respect of the subsequent action is waived.
Memorandum of satisfaction
73(1)A clerk shall accept a memorandum of satisfaction of judgment of the court (Form 26A) for filing if it is signed by the person entitled to the benefit of the judgment and the signature and contents are proven by affidavit.
73(2)A Hearing Officer may, on application, certify a memorandum of satisfaction of judgment of the court (Form 26B) and file it with the clerk if the Hearing Officer is satisfied that
(a) notice of the request was served on the person entitled to the benefit of the judgment, and
(b) the judgment has been satisfied.
73(3)When a memorandum of satisfaction of judgment is accepted for filing by the clerk, the clerk shall enter a satisfaction of judgment in the records of the court and, if the judgment was filed with the Court of King’s Bench, forward a copy of the memorandum to a clerk of the Court of King’s Bench.
2023, c.17, s.257; 2024, c.20, s.6
Destruction of court records
74Records of the court relating to an action may be destroyed after 25 years have elapsed from the date on which the action was finally concluded.
Forms generally
75The forms prescribed in this Regulation shall be used if applicable, with any variations that the circumstances of the particular proceeding require.
Commencement
76This Regulation comes into force on January 1, 2013.
  
2018-23
  
2018-23
Form 16
Repealed: 2024-78
2023, c.17, s.257; 2024-78
Form 16A
Repealed: 2024-78
2023, c.17, s.257; 2024-78
Form 17
Repealed: 2024-78
2023, c.17, s.257; 2024-78
N.B. This Regulation is consolidated to December 1, 2024.