Community Operations
Consumer Affairs Tip Sheets
Civil Court Claims
The Territorial Court Civil Claims provides a means for people to resolve civil disputes with very little cost.
Any person with a claim or dispute up to the amount of $5000.00 can present his or her case to the judge in Territorial Court.
You will not be required to have a lawyer represent you in court. If you choose to hire a lawyer or a law student articled to a lawyer and you win your case, the Judge may order that up to $300.00 be added to your judgment as a lawyer's fee.
Who may use Civil Claims?
Any individual, Corporation, non-profit corporation or partnership may sue. People under 18 years of age must have an adult handle the suit for them. The person suing is called the plaintiff. You may sue any individual or corporation you think owes you money, up to $5000.00. The person being sued is known as the defendant. A few examples of typical claims include:
- claims against stores for damages because goods purchased are defective and the store refuses to exchange or repair the goods
- claims for services performed, e.g. dry cleaning, where articles are lost or stolen
- claims for unpaid wages for labour or services performed, e.g. contractor, babysitter, or domestic worker
- claims against individuals or companies for the return of deposits (not residential security deposits)
Civil Claims that cannot be heard in Territorial Court include:
- where the title to land is at question
- cases questioning the validity of a will
- cases involving libel or slander
- actions against a bankrupt person
You may only sue for the amount owed to you.
How to start a Claim?
Contact the Clerk of the Territorial Court nearest you. Your first contact may be made by telephone.
The clerk will assist you to obtain the proper forms and will explain how to complete them. Ask for a Civil Claims Guide which also explains the filing procedures.
Preparing your case
It is your responsibility to prove that the defendant owes you money. Write down all the facts of the case in a straight forward manner. This document will make up some of your evidence. Give the information in date order, start with the beginning and tell the complete story. Provide copies of any other papers or photographs, receipts or bills you have to back up your claim.
Witnesses may also help you to prove your case.
Your day in Court
You must appear in Court on the day your case is scheduled. If you don't, your claim may be dismissed.
Once the Court date is set, it is your responsibility to inform your witnesses of the time, location and date of your hearing.
Before the trial begins the judge will tell you the general procedure that will be followed. You and any witnesses must be sworn in to give evidence. This same rule applies in all Courts.
You must present your case under oath. The judge may interrupt you at any time to ask a question or clarify a point.
What if you win?
The judge's written decision in the form of a "Judgement" is sent by ordinary mail to each of the parties involved. If your claim wins, the other party has 30 days in which to appeal the case. There are various ways to collect your judgement if the other party does not pay you. Check with the Territorial Court Clerk.
What if you lose?
If you lose the case you may also appeal the decision within 30 days from the date of judgement.
If you wish to begin a small claims action or require more information, contact the Territorial Court at:
- Yellowknife (867) 873-7689
- Hay River (867) 874-6509 Iqaluit (867) 979-5825
- Inuvik (867) 777-2451
For more information, call collect or e-mail our Consumer Affairs Officer at MACA headquarters in Yellowknife at: (867) 873-7125.