Small Claims Court Overview

Prince Edward Island

Small claims are brought in the Small Claims Section of the Supreme Court. The court has jurisdiction over claims not exceeding $8,000.00.

Action Timeline

File and serve claim

The plaintiff files a Notice of Claim and Dispute Note with the registrar, and serves these on the defendant.

The fee is $25 plus a $6 Law Society fee if the claim is filed by a lawyer.

A claim must be served within 6 months of the date of issue.

The defendant can pay the claim in full or file a Defence with the registrar

The defendant can also admit all or part of claim and propose terms of payment.

Within 20 days from the date of service, if service within Prince Edward Island.

Within 40 days from the date of service, if service outside Prince Edward Island.

Application for default judgment

If the defendant does not file a Defence, the plaintiff can apply to have a default judgment.

After the timeframe noted above for the filing of a Defence by a defendant.

Pre-trial Conference

If the defendant defends the action a pre-trial conference must be held before a judge. The purpose of the settlement conference is to narrow the issues, to encourage settlement and to assist the parties in preparing for the trial. If no settlement is reached, the case goes to trial.

Date fixed by Clerk. Notice must be sent to the parties at least 10 days before the date set for the settlement conference.

Possible Outcomes Timeline

Offers to Settle

A party can make an offer to settle. If the offer is accepted, the case ends without a trial. If a party breaches a term of the settlement, the settlement can be enforced by the Court.

Any time before judge’s final decision.

Award of a default judgment

If the defendant fails to appear on the date set for the hearing, the court may award a default judgment in regards to the claim.

When a defendant fails to appear at a hearing.

Judgment

If there is a trial and both parties appear, the judge will hear the case of both the claimant and the defendant, and will make a judgment using the information presented.

On, or as soon as possible, following the date of the hearing.

Further Options Timeline

Application to set aside a default judgment

When there is a default judgment, the party who failed to appear at the date set for the hearing can apply to have the judgment set aside.

Upon learning of the judgment.

Appeal to a higher court

The appellant, or party who appeals the decision of the lower court, can appeal to the Appeal Division.

The appellant must serve a notice of appeal, with proof of service with the registrar.

Within 30 days after the date of the filing of the judgment or order.

Within 10 days after service.

Canada

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