Small Claims Litigation
In Saskatchewan, the Provincial Court deals with claims under The Small Claims Act, 2016, SS 2016 and it's regulations. These disputes include civil claims worth the monetary value and/or the return and recovery of personal property totaling a principal amount of $30,000 or less, exclusive of costs and interest. A counter-claimant may be able to claim in excess of $30,000 if they offset the initial claim. A person has the options to sacrifice any amount in excess of the $30,000 principal to maintain jurisdiction under the Small Claims Act, 2016. Under the Small Claims Act, 2016, the Provincial Court has limited powers of equitable relief. Certain civil causes of actions, and subsequent claims, are excluded from the jurisdiction under the Small Claims Act either expressly or because they should more properly be brought to another court, tribunal, decision maker and/or under different legislation. Civil causes of action that are expressly stated to be excluded from powers under the Small Claims Act include slander, libel, malicious arrest, malicious prosecution and false imprisonment, though certain exceptions may apply. As a general rule, most claims under the Small Claims Act must be commenced within 2 years of the law deeming them to have been "discovered". Some insurance disputes may require an appraisal, which may include submissions to an umpire, before a claim can be brought under the Small Claims Act. There may also be a requirement to provide a notice of claim or potential claim before a claim is filed. In Saskatchewan, the Provincial Court does not deal with the enforcement of judgments under the Small Claims Act.
How do I help you?
The first step of the process is a consultation to ensure that your issue is something that I can help you with and to establish timelines. This is the beginning of an investigation into the facts, evidence, and law of your case, which will continue throughout the process. Often the first thing to think about is finding ways to comply with your duty to mitigate your damages, which means to take reasonable steps to lessen, minimize, or prevent any losses. What is considered reasonable is largely dependent on the facts of the situation. Sometimes there are other obligations under the law that must be complied with, such as providing notice to an insurance company or insured. Often, reaching out to the individual and trying to resolve the situation outside of formal legal action can save both parties a lot of time and headaches that are associated with formal legal action, in addition to potentially facilitating a rehabilitation of the relationship. When liability under the law is available, and it is not practical to resolve the dispute out of court, formal legal action can be commenced.
I want to hear from you. Contact me for a free, no obligation to retain, 30-minute phone consultation.
Disclaimer and Information about the Limited Licensing Pilot (Law Society of Saskatchewan)
Disclaimer: Phoning, emailing, messaging or otherwise contacting Joseph Gelinas, Gelinas Limited Scope Legal Services, and/or Gelinas Paralegal Services, does not establish a representative-client relationship. A representative-client relationship is only established if it has been agreed to by the representative and the client(s). Do not provide any confidential or sensitive information when contacting Joseph Gelinas, Gelinas Limited Scope Legal Services, and/or Gelinas Paralegal Services. Nothing written on this site is to be taken as legal advice. Laws and the interpretations of laws are constantly changing and may have changed since this website was published. The facts of each case are unique and the laws may apply differently.
Important information about my relationship with the Law Society of Saskatchewan: I am not a lawyer or member regulated by the Law Society of Saskatchewan and the Law Society of Saskatchewan does not supervise my education, training or qualifications, or, apply a Code of Conduct or ethical standards (e.g. solicitor client privilege does not apply), provide a complaints or discipline process, nor mandate professional liability insurance with respect to my services; a Consumer Review Form is available to help the Law Society of Saskatchewan understand consumer experiences when accessing legal services through the Pilot.