Small Claims Court Overview

Saskatchewan

Small claims are brought in the Civil Division of the Saskatchewan Provincial Court. The court has jurisdiction over claims not exceeding $20,000.00.

Action Timeline

File and serve claim

The plaintiff files a summons with the Clerk of Court and prepares a Statement of Claim, and serves the Summons and Statement of Claim on the defendant.

For claims of $2,000 or less the filing fee is $20. For claims from $2,001 to $10,000 the filing fee is 1% of the amount claimed, rounded up to the nearest dollar and to a maximum of $100.

For claims from $10,001 to $20,000 the fee is $100.

After claim is issued and at least 10 days before the date set for trial.

The defendant has the opportunity to respond

The defendant can pay the full amount required to settle the claim, defend against the claim by filing a Dispute Note, or serve a notice of counterclaim on the plaintiff and with the court.

The defendant need not file any documents and can defend orally at the trial. This is also true of any counter claim the defendant may wish to file.

Dispute Note and Counterclaim must be served on Plaintiff at least three days before the Case Management Conference.

Mediation

The Parties can agree to use a mediator to help them settle the case. The court may also require mediation depending on where the case is being heard. If the court-ordered mediation is unsuccessful, the case proceeds to trial.

Before the date of the trial.

Case management conference

A case management conference must be held unless a judge thinks it would not be useful. The purpose of the conference is to decide the issues, help the parties to prepare for trial, facilitate settlement.

Before the trial date.

Application for default judgment

n/a

 

Possible Outcomes Timeline

Withdrawal of the claim or counterclaim

At any time up to the date of the hearing.

Award of a default judgment

If a party fails to appear at the Case Management Conference, the court may grant judgment against that party.

At the Case Management Conference.

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 judgment

If a party fails to appear at the case management conference or the trial, the party who failed to appear can apply to have the judgment set aside.

Within 90 days of the date of the judgment. If there are exceptional circumstances, the time limit can be extended.

Appeal to a higher court

The appellant, or party who appeals the decision of the lower court, can appeal to the Court of Queen's Bench.

Within 30 days of the judgment of the court.

Canada

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