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General Information
Welcome to e-Filing for the Small Claims Court of Newfoundland and Labrador!
Electronic filing is the process of transmitting documents to the Court through an electronic medium, rather than in paper format. Electronic filing permits users to file documents at their convenience with the courts. It also permits users to utilize their PCs to send and receive court correspondence, pay filing fees, send notifications to other parties, and retrieve Claim information.
E-Filing is available to registered Judgment Enforcement Registry (JER) clients. By using the supplied user name and password provided by the Sheriffs Office, a user can file electronic documents with the Provincial Courts.
E-Filing will provide the functionality to electronically file, and pay for, the following legal documents:
- Statement of Claim
- Reply to Statement of Claim
- Proof of Service of Statement of Claim
- Proof of Service of Reply to Statement of Claim
- Application for Default Judgment
- Summons to a Payment Hearing
- Proof of Service of Summons to a Payment Hearing
- Application for Summary Judgment
- Small Claims Judgment
- Notice of Withdrawal
- Notice of Satisfaction
- Application to a Judge
- Residential Tenancy/Restitution Order Judgment
- Judgment Registration Form
Use the links below to jump to different areas of the General Information page.
Small Claims Rules
The Small Claims process for the Provincial Court of Newfoundland and Labrador is governed by the Small Claims Rules. These Rules outline the process from beginning a Claim to Enforcement of a Judgment.
View the Small Claims Rules
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Small Claims Act - Jurisdiction
Jurisdiction in Newfoundland and Labrador is conferred on the court by the Small Claims Act, R.S.N. 1990 c. S-16 as amended. In s. 4 the Court is given jurisdiction to try and adjudicate upon a claim for debt whether payable in money or otherwise or for damages including damages for breach of contract. The court can also hear actions for unpaid municipal taxes. However, the court does NOT have jurisdiction to hear any action where
(a) land title is brought into question;
(b) the validity of a devise, bequest, or limitation is disputed;
(c) malicious prosecution, false imprisonment, defamation, criminal conversation, breach of promise of marriage; and
(d) an action against a judge of a court, a justice or a public officer for anything done by such a person in the course of performing the duties of his or her office.
Common cases are, but not limited to, actions for damages arising from car accidents (negligence), failure to pay for goods or services, failure to repay loans, failure to perform services adequately, i.e. roof repair, car repairs, plumbing or carpentry.
View the Small Claims Act
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Limitations Act
Claims filed with the Small Claims Court of Newfoundland and Labrador are governed by the Limitations Act, SNL1995 CHAPTER L-16.1. The Limitations Act consists of the rules that limit the time that one person (in this case the plaintiff) can bring an action against another person (in this case the defendant). Limitation statutes recognize that a legal system cannot allow a person who is aware of a legal claim to do nothing for many years and then bring an action after the person against whom the action is brought may no longer be in a position to make a defence. Limitation periods are in place to ensure persons have a fair opportunity to contest claims; not just to enable persons to avoid liability.
In the case of Small Claims, the Limitations Act attempts to balance the interests of the plaintiff with those of the defendant. The plaintiff requires a fair and orderly process to obtain a remedy for injuries or losses suffered. The defendant is interested in being able to organize a reasonable defence to any claim made.
View the Limitations Act
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Judgment Enforcement Act
The Judgment Enforcement Act is the Act that governs all money Judgments.
View the Judgment Enforcement Act
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Judgment Interest Act
The Judgment Interest Act defines the pre-judgment and post-judgment interest rate. The pre-judgment and post-judgment interest rate is established annually by taking the average Bank of Canada rate for the period of October and November of each year, rounded to the next higher whole number where the average Bank of Canada rate includes a fraction, minus 1%.
View the Judgment Interest Act
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Proceedings against the Crown Act
The Proceedings against the Crown Act governs claims brought, or those arising in the future, against the Crown.
View the Proceedings against the Crown Act
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Reciprocal Enforcement of Judgments Act
The Reciprocal Enforcement of Judgments Act allows for the registering of a Judgment in a reciprocating state. Where a judgment has been given in a court in a reciprocating state, the judgment creditor may apply to the Trial Division within 6 years after the date of the judgment to have the judgment registered in that court, and on the application the court may order the judgment to be registered.
View the Reciprocal Enforcement of Judgments Act
View the list of Reciprocating States
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Residential Tenancies Act
The Residential Tenancies Act is the Act that governs the relationship between landlord and tenant(s) in relation to residential premises. The Act applies to residential premises and residential complexes and to rental agreements, whether made before or after this Act comes into force.
View the Residential Tenancies Act
View the Security Deposit Interest Regulations
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Rules of the Supreme Court
A party who is dissatisfied with the outcome of a Case has the right to appeal to the Supreme Court of Newfoundland and Labrador (Trial Division) and subsequently to the Court of Appeal and then if necessary with leave, to the Supreme Court of Canada.
View the Rules of the Supreme Court
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Provincial Court Locations
There are 10 court locations throughout the province of Newfoundland and Labrador. Offices are open to public for filing documents, accessing court file information or requesting information on court processes.
View Courthouse locations
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Contact Information
To submit a general inquiry to the Provincial Court, please use the following email address: inquiries@provincial.court.nl.ca
To view specific Courthouse contact information, click View Courthouse locations.
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