There are three different types of civil claims in Nova Scotia: Small Claims Court, Supreme Court – application, and Supreme Court – action. The key steps for each type are discussed below.
Small Claims Court
The Small Claims Court has jurisdiction over claims up to $25,000, but only allows general damages up to $100. To initiate a Small Claims Court action, a notice of claim must be filed and then served on the defendant. The defendant then has 20 days to file a notice of defence. There is no pre-hearing disclosure. The parties simply attend a hearing before an adjudicator, provide their evidence, and then make arguments. The adjudicator then makes a decision, which may be appealed to the Supreme Court of Nova Scotia.
Supreme Court – Application
Applications involve a hearing, not a trial, with a judge sitting alone. Evidence is largely provided by way of affidavit, with limited use of oral testimony at the hearing. As such, applications are typically used when less time is needed to prepare, the matter is not overly complex, there are fewer disputed facts, and credibility is less of an issue. Applications are commenced by filing a notice of application that has an affidavit supporting the claim attached. Once the plaintiff serves the defendant, the defendant has 15 days to file a notice of contest. The notice of contest typically also includes an affidavit. Parties to a contested application must also deliver a book of documents enclosing all relevant documents to the opposing party. After the hearing, the judge will issue a decision, which can be appealed to the Nova Scotia Court of Appeal.
Supreme Court – Action
Actions are the most formal type of proceeding, although there is a simplified procedure for actions involving claims under $100,000. To commence an action, the plaintiff must file a notice of action and statement of claim, and then serve those documents on the defendants. The defendant may then file a notice of defence. If served within Nova Scotia, the defendant has 15 days to file a notice of defence; if served elsewhere in Canada the defendant has 30 days, and if served outside of Canada, the defendant has 45 days. If the defendant does not choose to defend the action, the defendant may still file a demand of notice, which requires the plaintiff to notify the defendant before obtaining an order for the relief claimed and entitles the defendant to notice of each other step in the action. If a jury trial is desirable, a jury notice would be filed at this stage of the proceedings.
As for pre-trial disclosure, the parties must exchange affidavits of documents within 45 days of the close of pleadings. These affidavits set out all of the documents which are relevant to the issues in the action. Once the documents are exchanged, the parties will engage in discovery examinations.
The trial will take place before a judge or, if a jury notice was filed, a jury of seven members of the public. For a jury, a decision must be unanimous if delivered within four hours. After four hours only five jurors are necessary. Appeals are heard by the Nova Scotia Court of Appeal.
Limitation Period
Generally speaking the limitation period in Nova Scotia is 2 years, and this applies to each type of proceeding.
Originally published by RMC Guide to Litigation in Canada (2020).
Originally published December 17, 2020.
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.
