Changes to the Small Claims Court - Jun. 10, 2009

This Spring our government announced that it would be eliminating the current Small Claims Court model and transferring all small claims to the Court of Queen's Bench. What does this mean to you, the claimant?

In 1999 the current model, which includes the appointment of Adjudicators to hear small claims, was established in an attempt to expedite the process and to make justice more accessible to those who could not afford a lawyer or whose claim did not exceed $6,000.00. If a person's claim exceeds $6,000.00 they could either choose the regular court procedure before a Judge of the Court of Queen's Bench, or they could abandon that portion of their claim that exceeded $6,000.00.

The proposed changes mean that the adjudicators would be eliminated and claimants will once again have to wait for their hearing before a Judge of the Court of Queen's Bench. In all other respects, as I understand it, the procedure shall remain the same. Members of certain interest groups have claimed that this will lead to the extensive back logs that we saw ten years ago and with claimants waiting many months for their hearing.

At this point it is difficult to tell, what impact, if any, this will have on you as a claimant. One thing that may be relevant is the opinion of a few that our Court of Queen's Bench judges, at least in Trial Division, are not quite as busy as they used to be. With the advent of settlement conferences, mediators and the fact that litigation is too costly for many to pursue, our Trial Division Judges just may have more time on their hands for these small claims.

But that is pure speculation at this point as I am certain that the honoured Justices may beg to differ.

If you are truly concerned with your rights to a timely hearing you might want to contact your local M.L.A. and express your concerns. After all, you are the government!