It is anticipated that the financial limit in Provincial Court
will increase from $25,000 to $50,000 on August 1, 2014.
The expected increase should make it more economical for persons
to advance claims for $25,000-$50,000, which exceed the Provincial
Court's current jurisdiction, but are often not substantial
enough to offset the additional costs associated with hiring a
lawyer and advancing the action in the Court of Queen's
Until the regulations are amended, it is business as usual for
claims $25,000 and below. But for those claims that are above
$25,000, you have three options:
you can file a Civil Claim in Provincial Court, and in doing so,
abandon the portion of your claim which exceeds the $25,000
you can file a Statement of Claim in the Court of Queen's
Bench, notwithstanding the very real possibility that the legal
expenses, costs and fees associated with the more rigorous Rules
and procedures in the Court of Queen's Bench will significantly
reduce the net recovery; or
if your claim does not expire prior to August 1, 2014, you may
consider waiting five more weeks to file in Provincial Court, where
the costs of advancing an action will be considerably less than
they would be if you proceed immediately in the Court of
Unfortunately, parties who have already filed their claim in
Provincial Court and waived their entitlement to a claim in excess
of $25,000 will likely not be permitted to increase the amount
claimed after August 1, 2014. Similarly, parties who have already
filed their claim in the Court of Queen's Bench are unlikely to
obtain the Court's permission to transfer the matter to
Provincial Court after the financial limit is increased.
Notwithstanding the anticipated increase, existing restrictions
on the Provincial Court's jurisdiction to hear certain types of
cases is likely to remain unchanged. Accordingly, you will only be
able to make use of the increased limit, if your claim relates
damages, including breach of contract;
return of personal property; and/or
specific performance or recission of a contract.
We will continue to monitor developments on this front and
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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