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Dye & Durham FYI -Small Claims Monetary Limit Increase

Further to the FYI sent out on April 7, 2005 regarding the Small Claims Monetary Limit Regulation, increase from $10,000 to $25,000The following are answers from the Court Services Branch to your most frequently asked questions:Q.  Transitional provisions?A    There are no transitional provisions in place for the monetary increase at this timeQ.  If you have an existing actions where the amount over $10,000 had been abandoned, can you go for the full amount after September 1st?A.  with regards to your question whether the new limit will apply to existing actions, small claims Rule 8 (1) states that anything in a notice of claim may be amended without any permission prior to a settlement conference, and thereafter with the permission of the judge.  However, if the claimant previously abandoned a portion of the claim under Rule 1(5), at this time, the amount of the claim cannot be increased in small claims.

Q.  Will this apply to causes of action that arise before September 1, 2005?A.  This new limit will apply to causes of action that arise before September 1, 2005, as long as the notice of claim is not filed until September 1, 2005Q.  Will the filing fee increase? A.  Currently, there are no plans to increase the small claims fees.

If you have a question that is not listed here, please contact Dye & Durham’s Litigation Division at [email protected]