Nova Scotia Small Claims Court: How to Sue

Nova Scotia's Small Claims Court gives residents a faster, less formal way to resolve money disputes without the cost and complexity of a full Supreme Court action. This guide explains who can use the court, what it can and cannot decide, the $25,000 monetary limit, and the practical steps involved in filing a Notice of Claim, serving the other side, attending a hearing, and collecting your money if you win.

What Is Small Claims Court in Nova Scotia

The Small Claims Court of Nova Scotia is a court of law created under the province's Small Claims Court Act. It exists to give people a fast, inexpensive, and reasonably informal way to resolve smaller money disputes on their own, without needing to hire a lawyer or master the formal Civil Procedure Rules that apply in the Supreme Court.

Claims are decided by an adjudicator, a lawyer in good standing with the Nova Scotia Barristers' Society who is appointed to hear small claims matters. Hearings are commonly scheduled in the evening, and the whole process is built around self-represented parties, though either side can bring a lawyer if they choose.

For general background on how small claims processes work across the country, see Canada small claims.

What You Can Sue For, and the $25,000 Limit

You can bring a claim in Nova Scotia's Small Claims Court for money owed to you, or for the return of personal property, up to a maximum of $25,000. This limit does not include interest or the costs of running the case, so the underlying debt or damages themselves need to fit within the $25,000 ceiling. A separate, much smaller cap applies to general damages, the more subjective losses like inconvenience or distress, which cannot exceed $100 in a Small Claims Court case.

Not every dispute belongs in this court. Nova Scotia's Small Claims Court cannot hear claims involving:

• Ownership of land
• Wills and estates
• Malicious prosecution
• Wrongful imprisonment
• Defamation (libel or slander)

If your dispute falls into one of these categories, or the amount at stake is more than $25,000, you will generally need to bring your claim in the Supreme Court of Nova Scotia instead.

Nova Scotia's Limitation Period: Don't Wait Too Long

Before filing, check that you are still within Nova Scotia's limitation period. Under the province's Limitation of Actions Act, most civil claims, including the kinds of debt and property disputes that end up in Small Claims Court, are subject to a basic two year limitation period, running from the date you discovered, or reasonably should have discovered, that you had a claim. There is also an ultimate limitation period of 15 years for claims that take longer to come to light.

A few specific claim types, such as those involving assault, battery, sexual misconduct, or a claim against someone the claimant was in an intimate or dependent relationship with, have no limitation period at all under the Act. If you are unsure whether your claim is still within time, get legal advice before you wait any longer. For a broader look at suing across Canadian provinces, see Canada small claims.

How to File a Notice of Claim

To start a case, you complete a Notice of Claim form, available from the Small Claims Court or online, setting out who you are suing, how much you are claiming, and why. You file the completed form at the courthouse along with the required filing fee.

As of this writing, the filing fee is:

• $99.70 for a claim under $5,000, or for a claim seeking only the return of personal property
• $199.35 for a claim of at least $5,000 and up to the $25,000 maximum

Court staff will assign a hearing date and calculate the notice period you must give the defendant. Fees can change over time, so confirm the current amount with the court before you file. For the general steps most provinces share when starting a claim, see our guide on how to file a small claim in Canada.

You file at the justice centre for the county where the loss or damage happened, or the county where the defendant lives or carries on business. If you are not sure which county applies to your situation, court administration staff can point you to the right location before you file.

Serving the Defendant

Once your claim is filed, you must serve the defendant, giving them formal notice of the claim along with a form they can use to file a defence or counterclaim. In Nova Scotia, service is generally required within 20 days of filing, and it must be done through personal service or another method the court directs.

The defendant then has their own 20 day window, running from the date they were served, to file and serve a defence or counterclaim. If they do not respond in that time, the matter can typically move toward a hearing or a default order.

The Hearing: What Happens Before an Adjudicator

Small Claims Court hearings in Nova Scotia are deliberately informal. They are commonly scheduled in the evening, and the adjudicator hears from both sides, reviews any documents or evidence presented, and asks questions directly rather than expecting formal legal argument. Strict courtroom procedure and formal rules of evidence generally do not apply the way they would in Supreme Court.

You are entitled to represent yourself, and most people do. Bring whatever supports your side of the story: contracts, invoices, receipts, photos, repair estimates, and any relevant emails or text messages. If someone else witnessed the events in dispute, they can attend and give evidence too.

You can also bring a lawyer, but Nova Scotia's rules specifically prevent either side from recovering lawyer's or agent's fees as part of the outcome, so hiring a lawyer will not get you reimbursed even if you win. A successful party can, however, ask the adjudicator to order the other side to pay basic costs, things like the filing fee, service costs, and witness fees, through a process called taxation of costs. This is meant to cover your out-of-pocket expenses, not to fund legal representation.

After the Hearing: Orders and Appeals

Once the adjudicator has heard the case, they issue a decision, which becomes an order of the court. If you disagree with the outcome, either side generally has 30 days from the date of the order to file an appeal with the Supreme Court of Nova Scotia.

An appeal does not automatically pause the order. Unless the debtor successfully applies for a stay to pause the order pending appeal, the winning party can continue taking steps to collect what they are owed while the appeal works its way through the Supreme Court.

Collecting Your Judgment

Winning your case gets you an order, not a guarantee of payment. If the other side does not pay voluntarily, Nova Scotia offers several ways to enforce the order, generally through the Sheriff's Office:

• Registering a certificate of judgment against the debtor's land at the Land Registration Office
• Registering the order in the Personal Property Registry, which can affect the debtor's credit and gives you priority over later creditors
• Getting an execution order and asking the Sheriff's Office to garnish wages or seize money from a bank account, though wage garnishment is capped at 15 percent of the debtor's pay
• Getting an execution order and asking the Sheriff's Office to seize and sell personal property other than money
• Getting a recovery order and asking the Sheriff's Office to seize specific goods the adjudicator ordered returned to you

Each option involves its own paperwork and separate fees paid to the court or the Sheriff's Office, and enforcement can take time, particularly if the debtor has no steady income or identifiable assets. For a closer look at these steps, see our guide to serving and collecting a judgment. For more on suing across Canadian provinces generally, see Canadian law by province.

Disclaimer

This article provides general information about Nova Scotia's Small Claims Court and is not legal advice. Procedures, fees, and monetary limits can change, so confirm current details with the Small Claims Court or the Nova Scotia Department of Justice before filing or relying on any figure in this article. If your situation is complicated, involves a large sum, or falls outside the Small Claims Court's jurisdiction, speak with a lawyer licensed in Nova Scotia.

Frequently Asked Questions

What is the monetary limit for Nova Scotia's Small Claims Court?

You can claim up to $25,000, not including interest and the costs of running the case, for money owed or the return of personal property. A separate cap of $100 applies to general damages, and the court cannot hear claims involving land ownership, wills and estates, malicious prosecution, wrongful imprisonment, or defamation.

How much does it cost to file a claim in Nova Scotia's Small Claims Court?

As of this writing, filing costs $99.70 for a claim under $5,000 or for a claim seeking only the return of personal property, and $199.35 for a claim of at least $5,000 up to the $25,000 maximum. Fees can change, so confirm the current amount with the court before filing.

Do I need a lawyer for Nova Scotia's Small Claims Court?

No. The process is designed for self-represented parties, and hearings are informal, usually held in the evening before an adjudicator. You can bring a lawyer if you wish, but Nova Scotia's rules do not allow either side to recover lawyer's or agent's fees as part of the outcome.

How long do I have to sue someone in Nova Scotia?

Nova Scotia's Limitation of Actions Act sets a basic two year limitation period from when you discovered, or reasonably should have discovered, your claim, with an ultimate limit of 15 years for claims discovered later. A few claim types, such as those involving assault or sexual misconduct, have no limitation period at all.

What happens if I win but the other side does not pay?

An adjudicator's decision is an order, not a payment. If the debtor does not pay voluntarily, you can pursue enforcement through the Sheriff's Office, including an execution order to garnish wages or seize money or property, or registering the order against land or in the Personal Property Registry.