Introduction

The Manitoba Law Reform Commission ("the Commission") is considering reforms to the process for small claims under The Court of Queen’s Bench Small Claims Practices Act ("The Small Claims Practices Act"). Small Claims Court is part of the Manitoba Court of Queen’s Bench, designed to hear claims in a less formal way. It hears claims for monetary amounts that do not exceed $10,000.

The Commission is interested in hearing from members of the public, the legal profession, community groups, and others in order to make meaningful recommendations to improve the process for small claims. Please take the time to fill out this survey to provide your thoughts on the small claims system in Manitoba. Thank you.

The full Consultation Report can found at www.manitobalawreform.ca.

Question Title

* 1. Please check all that apply

Question Title

* 2. Monetary Limit

Small Claims Court has jurisdiction over all claims which do not exceed $10,000 (excluding interest, costs and disbursements). This monetary limit has remained unchanged since 2007 and is the second lowest monetary limit in Canada. If the total monetary limit were increased to $20,000-$30,000, this would put Manitoba on par with most other Canadian jurisdictions, with the lowest limit at $8,000 (Prince Edward Island) and the highest limit at $50,000 (Alberta).

Should the monetary limit for small claims in Manitoba be increased?

Question Title

* 3. What should the monetary limit for small claims be?

Question Title

* 4. General Damages Limit

The monetary limit for small claims can include general damages in an amount not exceeding $2,000. “General damages” refers to compensation for harm that is not easily quantifiable, such as pain and suffering. Manitoba and Nova Scotia are the only Canadian jurisdictions that specifically provide for a general damages limit in their small claims legislation.

Should the general damages limit for small claims be increased?

Question Title

* 5. Wrongful Dismissal Claims

The Small Claims Practices Act provides a list of types of claims which may not be decided under the Act, regardless of whether or not the claimant is only seeking monetary compensation. Some of the types of claims listed involve complex legal issues not necessarily suited to small claims adjudication.

Wrongful dismissal cases arise when employers sue their former employers after being terminated, often alleging the employer failed to provide proper notice. Due to their often complex nature, the Commission is considering whether wrongful dismissal cases should be added to the subject matter that may not be decided under The Small Claims Practices Act.

Should wrongful dismissal claims be added to the list of excluded proceedings under The Small Claims Practices Act?

Question Title

* 6. Motor Vehicle Accident Claims

The Small Claims Practices Act allows a claimant to file a claim for an assessment of liability arising from a motor vehicle accident in which the vehicle of the claimant is not damaged. These claims relate to the determination of the payment of deductibles. The Commission is considering whether to recommend that this provision be removed from The Small Claims Practices Act so that these types of claims are no longer heard at Small Claims Court.

Should assessments of liability arising from motor vehicle accidents in which the vehicle of the claimant is not damaged be removed from the jurisdiction of Small Claims Court?

Question Title

* 7. Who Should Adjudicate Small Claims?

Claims under The Small Claims Practices Act are normally heard by court officers (unless a court officer, in the interests of the administration of justice, directs otherwise, or the Government of Manitoba is a party to the claim.) Court officers are not necessarily lawyers and the legislation is silent as to the qualifications that court officers must have. Manitoba appears to be the only jurisdiction in Canada to employ hearing officers who are non-lawyers to adjudicate small claims matters.

Should Small Claims adjudicators be required to have some legal training?

Question Title

* 8. Pre-trial Processes

Small claims legislation in most Canadian jurisdictions provides for some form of pre-trial settlement conference, or alternatively, voluntary or mandatory mediation, in an effort to consolidate the issues and encourage settlement. Although it appears that the Small Claims Court in Manitoba will provide support to parties interested in mediation, there is no legislated voluntary or mandatory pre-trial process for small claims in Manitoba.

Should there be a pre-trial process provided for in the rules relating to small claims in Manitoba?

Check all that apply:

Question Title

* 9. Costs

Costs awards are generally designed to compensate the successful party to an action for legal fees incurred in pursuing or defending against a claim. In the case of small claims, maximum costs awards are typically very low, which is intended to be a disincentive for lawyers to represent claimants with respect to small claims. Under The Small Claims Practices Act, costs awards cannot exceed $100, except in exceptional circumstances.

Which statement best reflects your opinion on the costs award limit under The Small Claims Practices Act?

Question Title

* 10. Other Issues

The Commission would like to hear about other issues related to The Small Claims Practices Act and rules regarding procedure for small claims in Manitoba. Please let us know if you think there are other issues the Commission should consider.

T