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:
The current filing fees for a Small Claim are:
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.
Court staff can:
Court staff cannot:
The following Checklists may help you with the Small Claims Court process:
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
Phone: (204) 258-3096
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.
100-1104 Princess Avenue R7A 0P9
114 River Avenue West R7N 0J7
104-143 Main Street R8A 1K2
70-3rd Avenue South West R0J 1E0
301 Wardrop Street R6M 1X6
Portage la Prairie
227 Provencher Boulevard, Winnipeg R2H 0G4
101-235 Eaton Avenue R1A 0W7
201-4th Avenue South R0L 1Z0
300-3rd Street East R9A 1L2
59 Elizabeth Drive R8N 1X4
232 Wellington Street West R0M 2C0