Small Claims Reform
The Justice Modernization Statutes Amendment Act, 2004, amended the Small Claims Act and the Crown Proceeding Act to help modernize the province's civil justice system and improve access to justice.
The Small Claims Act was amended to allow the monetary jurisdiction of the court to be set by regulation, to a maximum of $50,000. Effective Sept. 1, 2005, a regulation was brought into force increasing the monetary jurisdiction of the court from $10,000 to $25,000. The monetary jurisdiction had been set at $10,000 since 1991. This increase allows people to take advantage of the low cost and simple procedure available in Small Claims Court.
Also effective Sept. 1, 2005, the Crown Proceeding Act was amended to remove the barrier to suing the government in Small Claims Court. Previously, people wanting to make claims against the government were forced to use the more costly and complex process in the Supreme Court.
