Understanding the Small Claims Process on Prince Edward Island
If you are seeking to take someone to court in a civil matter on Prince Edward Island (e.g. breach of certain contracts, faulty workmanship or an unpaid bill) and the amount of debt or damages for your claim is less than $16,000.00, you will have to use the Small Claims Court process. The limit for Small Claims Court has recently been increased from $8,000.00 to $16,000.00 effective July 8, 2017.
There are general forms available online to assist in either starting your claim or, if you have been served with a Statement of Claim, there are forms to assist with your Statement of Defence.
The Rules of Small Claims Court
Allow for documentation to be included in both the Statement of Claim and Statement of Defence with respect to the claim, a distinction from the General Section of the Supreme Court of Prince Edward Island. There are important timelines to be aware of when dealing with a Small Claims matter, such as when a Statement of Claim should be filed, when the Statement of Defence has to be delivered or the filing of certain documents as the matter progresses through the Small Claims Court system. Furthermore, there are certain considerations if one of the parties is a minor, a mentally incapable person, a person outside of Prince Edward Island, a Partnership or a Corporation.
Although the Small Claims process does not require legal representation and is less formal than litigation in the General Section of the Supreme Court of Prince Edward Island, the advice and guidance of a lawyer can ensure that your claim or defence is properly maintained through the Small Claims Court process.
It should be noted that if you are successful in either your claim or defence, awards for legal costs are limited to a small set amount.
Lawyers at Key Murray Law who specialize in litigation would be happy to answer any questions you may have with respect to commencing or defending a claim in Small Claims Court on Prince Edward Island.
Derek I. Bondt
Associate
902-436-4489
derek.bondt@keymurraylaw.com
Legal information appearing in this article and elsewhere on Key Murray Law’s website is intended for informational purposes only and is not intended to substitute for or replace any legal or other professional advice. If you have specific concerns or a situation in which you require legal advice, you should consult directly with one of our lawyers.
