www.manitobacourts.mb.ca

Small Claim Information

Introduction

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 $10,000 (excluding interest, costs and disbursements). The claim may include general damages up to $2,000.  These are not specific damages but a general amount that may be awarded by the court.  You may also bring a claim to dispute liability from a motor vehicle accident.

NOTE:  Hearings may be heard in French and English.  The Government of Manitoba provides Interpretation Services for both official languages.
Small Claims Court cannot hear a claim in the following kinds of disputes:

  • between landlords and tenants, involving a residential tenancy,
  • ownership of land or an interest in land,
  • wills or the administration of a trust or an estate,
  • family matters that would come under the authority of the Family Division of the Court of Queen’s Bench,
  • malicious prosecution,
  • false imprisonment,
  • defamation (libel and slander), or
  • allegations of wrongdoing by a judge or justice.

Filing Fees

The current filing fees for a Small Claim are:

  • for amounts up to $5,000:                           $50
  • for amounts from $5,000.01 to $10,000:   $75

How is a Small Claim heard?

The Small Claims Court procedure is set out in The Court of Queen's Bench Small Claims Practices Actand also under Rule 76 of the Manitoba Court of Queen’s Bench Rules.

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.  

Small Claims are heard by Court Officers who may or may not be legally trained but have experience and training in the court system.

There are no court clerks in the court hearing.  The hearing may be recorded to assist the Court Officer only, so no transcript can be ordered.

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.  In the case of disputes involving automobile warranties the Canadian Motor Vehicle Arbitration Plan, or CAMVAP, 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.  A mediation can be arranged by either the claimant or defendant contacting the court office and speaking with a Deputy Registrar about this process.  If the mediation is not successful, then your claim would proceed to be heard by a different Court Officer.

Who Can File a Small Claim?

  • An individual 18 years of age or older,
  • a parent or guardian on behalf of a child (under 18 years of age),
  • a person acting on behalf of a person under a disability (litigation guardian), or
  • a business or corporation.

Role of Court Staff

Court staff can:

  • answer questions about court processes and provide information as to how to obtain a copy of the court statute and rules,
  • tell you whether you have completed your court form so that it can be filed,
  • provide information about alternative dispute resolution such as mediation, and
  • provide you with information about how to get a lawyer.

Court staff cannot:

  • give you advice on which persons should be named as claimants or defendants,
  • give you opinions or advice about your claim, or
  • help you to write or complete the information required in the court forms.
  • You may need to speak with a lawyer if you need advice on who should be included as a claimant or defendant on the claim.

The following Checklists may help you with the Small Claims Court process:

Claimants
Defendants
Service of Documents
Preparing for the Hearing
The Hearing
Appealing the Decision
Collecting on Your Judgment
Sample Claims/Counterclaims

NOTE: The information provided is not legal advice and is offered to help you prepare for Small Claims court, if you do not have a lawyer, and may not apply in every situation.

NOTE:  You may obtain free legal assistance from:

Legal Help Centre
Portage Place Shopping Centre
Unit 202, 393 Portage Avenue
Winnipeg MB
Phone:  (204) 258-3096
info@legalhelpcentre.ca

Where can Small Claims be filed and heard?

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 court 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.

Beausejour

For filing:
101-235 Eaton Avenue, Selkirk  R1A 0W7
For hearings:
20 First Street South, Beausejour  R0E 0C0

Phone:
(204) 785-5122
Fax: 
(204) 785-5125

Boissevain

For filing:
100-1104 Princess Avenue, Brandon  R7A 0P9
For hearings:
420 South Railway Street, Boissevain  R0K 0E0

Phone: 
(204) 726-6240
Fax: 
(204) 726-6547

Brandon

100-1104 Princess Avenue R7A 0P9

Phone: 
(204) 726-6240
Fax:
(204) 726-6547

Dauphin

114 River Avenue West  R7N 0J7

Phone: 
(204) 622-2087
Fax: 
(204) 622-2099

Flin Flon

104-143 Main Street  R8A 1K2

Phone: 
(204) 687-1670
Fax: 
(204) 687-1673

Minnedosa

70-3rd Avenue South West  R0J 1E0

Phone: 
(204) 867-4722
Fax: 
(204) 867-4720

Morden

301 Wardrop Street  R6M 1X6

Phone: 
(204) 822-2882
Fax: 
(204) 822-2883

Portage la Prairie

For filing:
25 Tupper Street North  R1N 3K1
For hearings:
20-3rd Street South East  R1N 1M9

Phone: 
(204) 239-3383
Fax: 
(204) 239-3402

Russell

For filing:
70-3rd Avenue South West, Minnedosa  R0J 1E0
For hearings:
106 Shell River Avenue South, Russell  R0J 1W0

Phone: 
(204) 867-4722
Fax: 
(204) 867-4720

St. Boniface

227 Provencher Boulevard, Winnipeg  R2H 0G4

Phone: 
(204) 945-8010
Fax: 
(204) 945-5562

Selkirk

101-235 Eaton Avenue  R1A 0W7

Phone: 
(204) 785-5122
Fax: 
(204) 785-5125

 

Steinbach
Provincial Court

For filing:
227 Provencher Boulevard, Winnipeg  R2H 0G4
For hearings:
Unit A-284 Reimer Avenue, Steinbach  R5G 0R5

Phone: 
(204) 945-8010
Fax: 
(204) 945-5562

Swan River

201-4th Avenue South  R0L 1Z0

Phone: 
(204) 734-2252
Fax: 
(204) 734-9544

The Pas

300-3rd Street East  R9A 1L2

Phone: 
(204) 627-8420
Fax: 
(204) 623-6528

Thompson

59 Elizabeth Drive  R8N 1X4

Phone: 
(204) 677-6757
Fax: 
(204) 677-6686

Virden

232 Wellington Street West  R0M 2C0

Phone: 
(204) 748-4288
Fax: 
(204) 748-2980

Winnipeg

For filing:
100C-408 York Avenue  R3C 0P9

For hearings:
3rd Floor, 373 Broadway  R3C 4S4

Phone: 
(204) 945-3138
Fax:
(204) 948-2369 
Phone:
(204) 945-5383
Fax:
(204) 948-2369

 How to Obtain an Order for Substitutional Service

click here for a pdf guide on how to obtain an Order for substitutional Service

Information on this page last updated on March 27, 2014