The Provincial Court of Saskatchewan has power over what is known as “small claims court”. The power of the court over small claims includes jurisdiction over most civil claims worth a principal amount of $50,000 or less. There are some notable exemptions, which are outlined in this article. The procedure for small claims is outlined in The Small Claims Act, 2016, SS 2016, c S-50.12 and its regulations. Today we are going to go over the procedure for the earliest stages in the process.
Commencing a Claim
To commence a claim under small claims procedure a claim must be prepared that outlines an allegation that falls within the powers outlined in The Small Claims Act, 2016, SS 2016, c S-50.12 and it must be presented to the court to issue a summons. A fee will be paid to issue a summons and claim. After the fee is paid the claim will be provided to a judge who will do a preliminary review of the claim before issuing it. If the claim is without reasonable grounds, discloses no triable issue, is frivolous, vexatious, or an abuse of the court process, or the judge determines that it is in the interest of one or more of the parties not to proceed under The Small Claims Act, 2016, SS 2016, c S-50.12, then the judge may refuse to issue it. Should a judge find that small claims procedure is appropriate, they will issue a summon. The fact that a summons was issued is not indicative that the court will find in your favor at trial, it merely means that appears to be a potentially valid claim if the allegations are accepted as true.
Serving a Summons
Generally, a summons will be issued which states a time and place for a first appearance. The summons mut be provided to the Defendant along with the claim and accompanying documentation. This is known as “service”, “process serving”, or “serving”. It is the responsibility of the person bringing the claim to serve, or facilitate service of, these documents on the Defendant, the court will not do it for you. The Small Claims Act, 2016, SS 2016, c S-50.12 outlines the ways in which parties can be served. It is important that documents are properly served so that they properly come to the attention of the Defendant. The claim and summons must generally be served at least 30 days before the first appearance.
Proof of Service
The final stage that we will be going over today is how a person proves to the court that the documents were served. A person proves to the court that they have properly served a claim by filing out and swearing, or affirming, an affidavit of service. By swearing or affirming the affidavit the person has sworn or affirmed that they are telling the truth subject to perjury laws. If someone lies on an affidavit they may be subject to criminal prosecution. The person must swear the affidavit in front of a Commissioner for Oaths or a Notary Public, to learn about the differences between a Notary Public and a Commissioner for Oaths, click here. The affidavit of service must then be filed with the court.
Conclusion
To initiated a proceeding under small claims legislation in Saskatchewan you must complete a claim, provide it to a court clerk and pay a fee, and have it reviewed and issued, along with a summons, by a judge. After the summons has been issued, along with the claim and supporting documentation, they must be provided to the Defendant in accordance with what is accepted by procedure at least 30 days before the first appearance, which must be proven by swearing or affirming an affidavit of service and providing it to the court. In the future we will go over first appearance, case management conferences, trials, and how to collect on a judgment after trial.
Gelinas Limited Scope Legal Services is available to assist individuals and businesses on small claims proceedings in the Moose Jaw Provincial Court. To schedule a free 30-minute, no obligation to retain, phone consultation, contact Joseph Gelinas as 705 737 6451 or Joseph@gelinaslegal.ca. Assistance may be available in other jurisdictions.