Changes to Small Claims Act Increase Access to Justice

Amendments to the Small Claims Act and associated regulations introduced in the House of Assembly by the Honourable Felix Collins, Minister of Justice and Attorney General, will increase access to the courts for individuals throughout Newfoundland and Labrador. The amendments increase the financial limits of Small Claims Court cases to $25,000 and also allow judges to grant certain non-monetary remedies.

"Access to justice is an important principle of our society and the amendments brought forth to the Small Claims Act and regulations should ensure greater access to the courts for residents of Newfoundland and Labrador," said Minister Collins. "By increasing the monetary jurisdiction of this court, we are allowing individuals with claims to be heard in a manner which will be of a lower cost to them."

Small Claims Court is a division of the Provincial Court of Newfoundland and Labrador and currently only cases with a monetary value under $5,000 can be heard by this court. Cases over this limit must be heard in the Supreme Court of Newfoundland and Labrador, Trial Division. Across the country, including this province, small claims cases are escalating in monetary value and most jurisdictions have increased their monetary limits in Small Claims Court to $25,000.

"The process of appearing in Supreme Court can be costly, while cases in Small Claims Court are often resolved without the use of legal counsel and without protracted court sittings," said Minister Collins. "For residents of Newfoundland and Labrador, the opportunity to deal with matters up to $25,000 at the Small Claims Court level will provide greater access to the court process. As well, e-filing procedures are soon to be available which provides for a more efficient process."

The amendments would also permit Small Claims Court judges to grant orders which provide for the return of property or provide for specific performance. Often the remedy of returning a specific item or completion of a specific task is sought by the claimant at this court. Currently, the judge has no jurisdiction to do so but the amendments provided though Bill 11 would provide the court the authority to grant remedies outside of monetary reward.

"Non-monetary resolutions may be more appropriate for some circumstances and provide the outcome desired by the parties involved in the matter," said Minister Collins. "For some individuals seeking restitution, the return of a family heirloom or the completion of renovations may be more important than the awarding of money."

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Media contact:
Ken Morrissey
Director of Communications
Department of Justice
709-729-6985, 685-6612
kenmorrissey@gov.nl.ca 

2010 05 13                                                    5:25 p.m.