Small Claims Court Overview

Yukon

Small claims are brought in the Small Claims Court, a division of the Territorial Court. The court has jurisdiction over claims not exceeding $25,000.00.

Action Timeline

File and serve claim

The claimant files a claim and reply form with clerk of the court, and serves these on the defendant.

For claims of 5,000 or less the filing fee is $50 and for claims of more than $5,000 up to $25,000 the filing fee is $100.

This is done when the action is initiated. The claimant must serve the claim on the defendant within one year from the date the claim was filed it in court.

The defendant has the opportunity to respond

From the date of service, the defendant has a set amount of time to file a reply with the clerk.

The cost of filing a reply, except where the defendant has agreed to pay all of the claim, is $25.

Within 20 days if service occurs within the Yukon.

Within 30 days if service occurs outside the Yukon.

Application for default judgment

If the defendant does not file a reply with the clerk, the claimant can apply to have a default judgment.

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

Pre-trial conference

If the defendant disputes the claim, the plaintiff should request a pre-trial conference. The purpose of the pre-trial 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. If a party fails to attend the conference, the clerk may sign a default judgment. If the parties agree, the judge can attempt to mediate the case.

Time fixed by clerk when the pre-trial is requested.

Possible Outcomes Timeline

Mediation

At the pre-trial conference, the parties can choose to have the claim mediated rather than tried. The parties may also settle the matter outside of the pre-trial conference. If the parties agree to settle the matter, they can apply to the court for a consent order.

Before the date of the hearing.

Withdrawal of the claim or counterclaim

Either party can withdraw their claim or counterclaim by serving a notice of withdrawal with the clerk and on all of the parties.

At any time.

Award of a default judgment

If the defendant fails to appear at the hearing, the court may award a default judgment in regards to the claim. If the claimant fails to appear at the hearing, the claim can be dismissed.

On the hearing date.

Judgment at the hearing

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 Supreme Court.

Within 30 days of receiving the judgment.

Canada

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