www.manitobacourts.mb.ca

Small Claim Information

General Information 

Filing Fees 

Role of Court Staff 

Small Claims Filing and Hearing Locations

Frequently Asked Questions 

Effective July 1, 2020

General Information

Small Claims Court is a part of the Manitoba Court of Queen's Bench and hears claims for an amount of money that does not exceed $15,000.00 (excluding interest, costs and disbursements). The claim may include general damages up to $2,000.00.  General damages are not specific damages but a general amount that may be awarded by the court.  You may also bring a claim to dispute liability resulting from a Motor Vehicle Accident Claim.

 There may be alternatives to filing a Small Claim, such as mediation services that may lead to a mediated settlement of your dispute with the other person.  For example, in the case of disputes involving automobile warranties, the Canadian Motor Vehicle Arbitration Plan (CAMVAP) at:  www.camvap.ca, may be an option.

 If you do decide to file a Small Claim, the Court Officers who hear Small Claims may also be able to resolve your claim through mediation, if you and the defendant are open to trying to settle the dispute that way.

 Small Claims Court procedures are set out in The Court of Queen's Bench Small Claims Practices Act and the Manitoba Court of Queen’s Bench Rules, Rule 76.  Follow this link to view Acts and Court Rules:  www.web2.gov.mb.ca/laws/.

 Small Claims are usually heard by Court Officers who may or may not be legally trained but have experience and training in the court system.  Some Small Claims may be heard by judges of the Court of Queen’s Bench.

 Small Claims Court is designed to hear claims in a less formal way.  Evidence rules that must be followed in the Court of Queen’s Bench do not have to be followed in Small Claims Court.

 A Court Officer may hear as evidence anything that he or she considers relevant to the issue(s) involved in the claim.  The hearing is recorded and a transcript can be ordered.

 Hearings and documents are available in French and English.  The Government of Manitoba provides Interpretation Services for both official languages at no cost, contact 204-945-3138 in advance of your hearing for more information.  If you require an interpreter for any other language, please contact the Language Bank at 204-943-9158 to make arrangements in advance of the hearing at your own cost.

 Small Claims Court cannot hear a claim involving the following kinds of disputes:

    • between landlords and tenants, involving a residential tenancy (contact the Residential Tenancy Board to confirm whether or not they will assist you with your claim),
    • ownership of land or an interest in land,
    • the administration of a trust or an estate,
    • family matters that  are under the authority of the Family Division of the Court of Queen’s Bench,
    • wrongful dismissal from employment,
    • malicious prosecution, false imprisonment, defamation, or
    • allegations of wrongdoing by a judge or justice.

  

Filing Fees

 The current filing fees for Small Claims are:

  • for amounts up to $5,000:                              $50.00

  • for amounts from $5,000.01 to $15,000*:         $75.00

  • for foreign claimants (outside of Manitoba)        $150.00 additional fee for security for costs.  The court will retain this amount until the hearing.  The court will order the payment returned or will make another order concerning the funds at a hearing date.

     *If your claim exceeds $15,000.00, you may waive the excess amount to allow for the claim to be heard in Small Claims Court.

     Filing fees are payable by cash, debit, certified cheque, money order, bank draft, law firm trust account cheque, inter-departmental transaction, or Legal Aid fee voucher.

      

    Role of Court Staff

 Court office staff can:

    • answer questions about court processes and provide information as to how to obtain a copy of the laws and rules that apply to Small Claims Court process,
    • tell you whether you have completed your court form so that it can be filed,
    • provide you with information about how to get a lawyer.

 The information provided by court staff is not legal advice and is offered to help you prepare for Small Claims Court.

 Court staff cannot:

  • give you advice on who should be named as claimants or defendants.  If you require advice, you may need to speak with a lawyer,

    • give you opinions or advice about your claim, or
    • help you to write or complete the information required in the court forms.

 

NOTE:  The Legal Help Centre provides free legal information and assistance to persons who qualify:  Phone:  204-258-3096 or Email:  info@legalhelpcentre.ca

Small Claims Filing and Hearing Locations

 

Small Claims can be filed at various court centres in Manitoba and the hearing of the claim can take place either in that court centre or one of its circuit locations.  The general rule is that a claim should be heard at the court centre or circuit location nearest to where the defendant lives or where the dispute happened.  Below is a list of all court centres in Manitoba where a claim can be filed and where the hearings of those claims can be held.

Boissevain

(circuit location)

Filing:

100 - 1104 Princess Ave, Brandon, R7A 0P9

 

Hearings:

420 South Railway St, Boissevain, R0K 0E0

Phone:  204-726-6240

Fax:      204-726-6547

Brandon

100 - 1104 Princess Ave, R7A 0P9

Phone:  204-726-6240

Fax:      204-726-6547

Dauphin

114 River Ave West, R7N 0J7

Phone:  204-622-2087

Fax:      204-622-2099

Flin Flon

104 - 143 Main St, R8A 1K2

Phone:  204-687-1670

Fax:      204-687-1673

Minnedosa

70 - 3rd Ave Southwest, R0J 1E0

Phone:  204-867-4722

Fax:      204-867-4720

Morden

301 Wardrop St, R6M 1X6

Phone:  204-822-2882

Fax:      204-822-2883

Portage la Prairie

Filing:

25 Tupper St North, Portage la Prairie, R1N 3K1

 

Hearings:

20 – 3rd St Southeast, Portage la Prairie, R1N 1M9

Phone:  204-239-3383

Fax:      204-239-3402

Russell

(circuit location)

Filing:

70 - 3rd Ave Southwest, Minnedosa, R0J 1E0

 

Hearings:

106 Shell River Ave South, Russell, R0J 1W0

Phone:  204-867-4722

Fax:      204-867-4720

St. Boniface

100 - 614 Des Meurons St, Winnipeg, R2H 2P9

Phone:  204-945-8010

Fax:      204-945-5562

Selkirk

101 - 235 Eaton Ave, Selkirk, R1A 0W7

Phone:  204-785-5122

Fax:      204-785-5125

Steinbach (circuit location)

Filing:

100 - 614 Des Meurons St, Winnipeg, R2H 2P9

 

Hearings:

Unit A - 284 Reimer Ave, Steinbach, R5G 0R5

Phone:  204-945-8010

Fax:      204-945-5562

Swan River

201 - 4th Ave South, Swan River, R0L 1Z0

Phone: 204-734-2252

Fax:     204-734-9544

The Pas

300 - 3rd St East, The Pas, R9A 1L2

Phone:  204-627-8420

Fax:      204-623-6528

Thompson

59 Elizabeth Dr, Thompson, R8N 1X4

Phone:  204-677-6757

Fax:      204-677-6686

Virden

(circuit location)

Filing:

100 - 1104 Princess Ave, Brandon, R7A 0P9

 

Hearings:

232 Wellington St West , Virden, R0M 2C0

Phone:  204-726-6240

Fax:      204-726-6547

Winnipeg

Filing:

100C - 408 York Ave, Winnipeg, R3C 0P9

 

Hearings:

3rd floor, 373 Broadway, Winnipeg, R3C 4S4

Phone:  204-945-3138

Fax:      204-948-2369

Email:  smallclaims@gov.mb.ca 

 

 

Information on this page last updated on March 30, 2021