Small Claims Court
Small Claims Court is meant to be an easier and less expensive way to resolve disputes. People can approach the Court knowing that the staff can help prepare the necessary forms and that the judge is skilled in settling disputes. While lawyers can handle Small Claims cases, most people choose to represent themselves. The emphasis when issuing claims is on facts rather than procedural or legal technicalities.
Claims cannot exceed $20,000 in value. Disputes involving title to land, slander, libel, bankruptcy, false imprisonment or malicious prosecution must be handled at Queen's Bench.
This website contains all the required forms and documents. There are also links to other helpful sources of information.
Should I Sue?
Note: This material is for informational purposes only. It is not to be construed as legal advice. It is intended to give a general overview of matters involving civil claims in the Provincial Court (Civil Division). Should you require advice specific to your situation, please consult a lawyer.
Pursuing a court action requires time and effort on your part as well as some expense. There is also no guarantee of collecting the money from any judgment you might obtain. If the defendant (the person you are suing) has no assets, no job and no prospects of either, you should think seriously about whether to sue or not.
If you win, the court provides you with a judgment, but that is not necessarily the end of the process. Sometimes, getting a judgment is just the beginning because if the defendant does not voluntarily pay, you must then take steps to enforce the judgment.
Enforcing your judgment is not the responsibility of the courts. There are some court procedures you can use to collect the money - like tools to do a job - but it is up to you to use them. Once a judgment is obtained, any enforcement steps must be taken through the Court of Queen’s Bench - which is not the court that issued your claim. The Provincial Court where you obtained the judgment has nothing further to do with your case.
It's important to note as well that enforcement remedies are at your expense. Although some of the costs are added to the amount the defendant owes you, you have to pay those costs to begin with.
Affidavit of Service
The plaintiff is responsible for notifying ("serving") each defendant of the claim. This ensures that the defendant has the opportunity to see the claim in a timely fashion. While there are a number of ways that a claim may be served, two common ways are by Personal Service or Registered Mail. Details about the methods of service and time restrictions are described in the document called Starting Your Action.
Once you have served the defendant, you must be able to provide the Court with proof that this service took place. This is done either by you testifying orally in court or by filing an Affidavit of Service through the Provincial Court clerk’s office.
To prepare the Affidavit of Service, select the appropriate form, fill in the necessary information, sign it in front of a Commissioner for Oaths or a lawyer, and file it at the court office. If you need help completing the Affidavit of Service, bring the documents to the Provincial Court and the clerk will help you.
- Sample Demand Letter
- Dispute Note
- Plaintiff Affidavit of Personal Service
- Plaintiff Affidavit of Service by Registered Mail
You can find sample claim forms and more information on how to complete a claim here: How To Complete A Claim.
- VIDEO - Civil Claims: What to do in Court (From The Alberta Branch of the Canadian Bar Association).
- Small Claims Information from The Public Legal Education Association of Saskatchewan Inc.
- The Small Claims Act is the authority over Small Claims matters.
- Other sources of information and legal assistance are available in the community.
Contact the Court
Regina Small Claims
1815 Smith Street
Regina, SK, S4P 2N5
Ph: (306) 787-5375
Saskatoon Small Claims
220 19th Street East
Saskatoon, SK, S7K 0A2
Ph: (306) 933-7053
For other locations, find the Court Office nearest you.
Court staff can provide assistance with the process, but are not able to provide legal advice.