Small Claims Regulations, 2017, S-50.12 Reg 1

1 S-50.12 REG 1 SMALL CLAIMS, 2017 The Small Claims Regulations, 2017 being Chapter S-50.12 Reg 1 (effective January 1, 2018) as amended by Saskatchewan Regulations 43/2018 and 101/2023. NOTE: This consolidation is not official. Amendments have been incorporated for convenience of reference and the original statutes and regulations should be consulted for all purposes of interpretation and application of the law. In order to preserve the integrity of the original statutes and regulations, errors that may have appeared are reproduced in this consolidation. 2 S-50.12 REG 1 SMALL CLAIMS, 2017 Table of Contents 1 Title Appendix 2 Definitions Form A Summons 3 Monetary limit Form B Reply by Defendant 4 Fees Form C Notice of Third Party Claim 5 Witness fees Form D Reply by Third Party 5 Costs Form E Affidavit of Personal Service 7 Costs on appeal Form F Affidavit of Service by Registered Mail 8 Forms Form G Affidavit of Service by Regular Mail 9 RRS c S-50.11 Reg 1 repealed Form H Affidavit of Service by Email 10 Coming into force Form I Affidavit of Service by Fax Form J Certificate of Service Form K Subpoena Form L Certificate of Judgment Form M Notice of Appeal 3 S-50.12 REG 1 SMALL CLAIMS, 2017 CHAPTER S-50.12 REG 1 The Small Claims Act, 2016 Title 1 These regulations may be cited as The Small Claims Regulations, 2017. Definitions 2 In these regulations: “Act” means The Small Claims Act, 2016; (« Loi ») “claim” means a claim to which the Act applies, and includes a counterclaim and a third party claim, where applicable; (« demande ») “Form” means the form set out in the Appendix. (« formule ») 1 Sep 2017 cS-50.12 Reg 1 s2. Monetary limit 3(1) For the purposes of subsection 4(1) of the Act, the monetary limit is $50,000. (2) A party may apply to the court to amend his or her claim to increase the amount claimed, or the value of the personal property or services with respect to which relief is sought, up to the amount set out in subsection (1) if: (a) at the time the claim was commenced, the monetary limit was below the amount set out in subsection (1); and (b) the court has not issued a judgment in the matter or otherwise resolved or disposed of the claim. (3) A judge may take into account any factors that the judge considers appropriate when determining whether to allow a claim to be amended on an application made pursuant to subsection (2). 1 Sep 2017 cS-50.12 Reg 1 s3; 10 Nov 2023 SR 101/2023 s3. Fees 4(1) The following fees are payable: (a) $100 for the issuance of a summons; (b) $50 for the issuance of a notice of third party claim; (c) $50 for filing a reply; (d) $50 for filing a notice of counterclaim, in addition to any other fee payable in accordance with this subsection. (2) The fee payable for an application to issue a subpoena pursuant to subsection 23(1) of the Act is $10. (3) The fee payable for filing any notice or application in an ongoing action that is not otherwise addressed by this section is $10. (4) The fee payable for filing a judgment, or any other order, from another court is $10. 6 Jly 2018 SR 43/2018 s2. 4 S-50.12 REG 1 SMALL CLAIMS, 2017 Witness fees 5(1) The fee payable to a witness on being served with a subpoena is: (a) for a professional witness or a consultant within the meaning of Schedule IV of the Tariff of Costs to The King’s Bench Rules, $40; (b) for a witness other than a witness mentioned in clause (a), $15. (2) A witness who resides more than 20 kilometres from the location where the witness is attending in court is entitled to be paid his or her expenses for necessary travel, accommodation and meals at the rate approved for similar expenses incurred by members of the public service of Saskatchewan. 1 Sep 2017 cS-50.12 Reg 1 s5; 10 Nov 2023 SR 101/2023 s4. Costs 6(1) Except in exceptional circumstances, costs awarded pursuant to clause 36(2)(a) of the Act shall not exceed $200 for each instance in which a party, without reasonable excuse, fails to attend or prepare for any stage of a proceeding before the court. (2) Costs awarded pursuant to clause 36(2)(b) of the Act shall not exceed $500 for each instance in which a party takes any step for the purpose of delaying a proceeding or increasing costs of another party. (3) The total costs awarded in favour of a party pursuant to subsection 36(3) of the Act shall not exceed the greater of the following amounts: (a) $200; (b) 10% of the amount of the claim. (4) If a matter involves a counterclaim or a third party claim, the judge may choose the claim of the highest amount or value to determine the maximum costs that may be awarded pursuant to subsection (3). 1 Sep 2017 cS-50.12 Reg 1 s6. Costs on appeal 7 On an appeal, a judge of the Court of King’s Bench may grant the successful party the costs of the appeal in accordance with the Tariff of Costs to The King’s Bench Rules. 1 Sep 2017 cS-50.12 Reg 1 s7; 10 Nov 2023 SR 101/2023 s5. Forms 8(1) A summons issued pursuant to section 7 or 12 of the Act must be in Form A. 5 S-50.12 REG 1 SMALL CLAIMS, 2017 (2) A reply served and filed by a defendant pursuant to section 9 of the Act must be in Form B. (3) A notice of third party claim issued pursuant to section 10 of the Act must be in Form C. (4) A reply served and filed by a third party pursuant to sections 9 and 10 of the Act must be in Form D. (5) If a document is served by personal service, an affidavit of service prepared pursuant to clause 19(1)(a) of the Act must be in Form E. (6) If a document is served by registered mail, the post office acknowledgment of receipt filed pursuant to clause 19(1)(b) of the Act may be accompanied by an affidavit of service in Form F. (7) If a document is served by regular mail, an affidavit of service prepared pursuant to clause 19(1)(d) of the Act must be in Form G. (8) If a document is served by email, the copy of the email filed pursuant to clause 19(1)(e) of the Act may be accompanied by an affidavit of service in Form H. (9) If a document is served by fax, the transmission record or journal filed pursuant to clause 19(1)(f) of the Act may be accompanied by an affidavit of service in Form I. (10) A certificate of service by a sheriff, deputy sheriff or sheriff’s bailiff prepared pursuant to clause 19(1)(g) of the Act must be in Form J. (11) A subpoena issued pursuant to section 23 of the Act must be in Form K. (12) A certificate of judgment prepared pursuant to section 38 of the Act must be in Form L. (13) A notice of appeal served and filed pursuant to section 44 of the Act must be in Form M. 1 Sep 2017 cS-50.12 Reg 1 s8. RRS c S-50.11 Reg 1 repealed 9 The Small Claims Regulations, 1998 are repealed. 1 Sep 2017 cS-50.12 Reg 1 s9. Coming into force 10(1) Subject to subsection (2), these regulations come into force on the day on which section 1 of The Small Claims Act, 2016 comes into force. (2) If these regulations are filed with the Registrar of Regulations after the day on which section 1 of The Small Claims Act, 2016 comes into force, these regulations come into force on the day on which they are filed with the Registrar of Regulations. 1 Sep 2017 cS-50.12 Reg 1 s10. 6 S-50.12 REG 1 SMALL CLAIMS, 2017 Appendix FORM A [Sections 7 and 12 of the Act] [Subsection 8(1) of the Regulations] Summons Province of Saskatchewan To _____________________________________ of ________________________, defendant. A claim has been made against you by the plaintiff, _____________________________ . (See attached claim.) You must appear before the presiding Provincial Court Judge at ___________________ on the __________day of ________________ , 20 ______ , at ________o’clock _______.m. (state whether a.m. or p.m.) The purpose of your court attendance is _________________________________________ . At least 10 days before your court appearance, you must file a Reply with a clerk at the Provincial Court location set out above, and serve a copy of the Reply on the other parties to this claim. Please review the attached material regarding how to proceed with your Reply. If you do not file and serve a Reply and appear at the time and place stated above, judgment with costs may be made against you in your absence. If you are required to attend court for a first appearance or a case management conference, please review the attached material regarding how to proceed and what options are available to you. If you are required to attend court for a trial, please review the attached material regarding preparation for a trial. If you and the plaintiff settle this claim on your own terms before the court date AND if the plaintiff has advised the court clerk of the settlement, you are not required to attend court. Dated at ________________, Saskatchewan, this ____day of ____________, 20 ___ . _______________________________________ (Signature of Judge) _______________________________________ (print name of Judge and judicial centre) 7 S-50.12 REG 1 SMALL CLAIMS, 2017 Statement of Plaintiff’s Claim 1. 2. 3. _______________________________________ (Signature of Plaintiff) _________________________________________ _________________________________________ (Plaintiff’s address for service) (please print) 1 Sep 2017 cS-50.12 Reg 1. 8 S-50.12 REG 1 SMALL CLAIMS, 2017 FORM B [Section 9 of the Act] [Subsection 8(2) of the Regulations] Reply by Defendant Province of Saskatchewan To ______________________________________of __________________________, plaintiff. 1. Agreement with the Claim I admit all or part of the Statement of Claim: Yes ______ No_______ (If yes, describe below the parts of the plaintiff’s claim with which you agree.) 1. 2. 3. I agree to pay $_____________________to the plaintiff to settle all of the claim/the portion of the claim admitted above [please select one]. (Fill out this portion if you agree to settle all or part of the plaintiff’s claim.) 2. Dispute I dispute all or part of the Statement of Claim: Yes______ No (If yes, describe below the parts of the plaintiff’s claim that you dispute.) 1. 2. 3. 9 S-50.12 REG 1 SMALL CLAIMS, 2017 3. Counterclaim (Fill out this section if you are making a counterclaim against the plaintiff.) You are hereby notified that on the_________day of________________ , 20_____, at________o’clock __________ .m. (state whether a.m. or p.m.; date and time are the same as date and time appearing in the summons) you will be required to answer to the counterclaim of ______________________________________ of___________________ ______________________, defendant, as set out below. At that time and place you will be given the opportunity to present any defence or set-off to the counterclaim to which you are entitled by law. If you do not appear at that time and place, judgment with costs may be made against you in your absence. Statement of Defendant’s Counterclaim 1. 2. 3. Dated at ___________ , Saskatchewan, this _____ day of ____________ , 20 ___.. _______________________________________ (Signature of Defendant) _______________________________________ _______________________________________ (Defendant’s address for service) (please print) 1 Sep 2017 cS-50.12 Reg 1. 10 S-50.12 REG 1 SMALL CLAIMS, 2017 FORM C [Section 10 of the Act] [Subsection 8(3) of the Regulations] Notice of Third Party Claim Province of Saskatchewan To ___________________________________ of _________________________, third party. A third party claim has been made against you by _______________________________ , (plaintiff or defendant) as set out below. You must appear before the presiding Provincial Court Judge at ___________________ on the ______ day of ___________________ , 20 ______ , at _________ o’clock ____.m. (state whether a.m. or p.m.) The purpose of your court attendance is _________________________________________ . At least 10 days before your court appearance, you must file a Reply with a clerk at the Provincial Court location set out above, and serve a copy of the Reply on the other parties to this matter. Please review the attached material regarding how to proceed with your Reply. If you do not file and serve a Reply and appear at the time and place stated above, judgment with costs may be made against you in your absence. If you are required to attend court for a first appearance or a case management conference, please review the attached material regarding how to proceed and what options are available to you. If you are required to attend court for a trial, please review the attached material regarding preparation for a trial. If you and the third party claimant settle this claim on your own terms before the court date AND if the third party claimant has advised the court clerk of the settlement, you are not required to attend court. Dated at ___________ , Saskatchewan, this _____ day of ____________ , 20 ___ . _______________________________________ (Signature of Judge) _______________________________________ (print name of Judge and judicial centre) 11 S-50.12 REG 1 SMALL CLAIMS, 2017 Statement of Third Party Claim 1. 2. 3. _______________________________________ (Signature of Plaintiff/Defendant) _________________________________________ _________________________________________ (Plaintiff’s/Defendant’s address for service) (please print) 1 Sep 2017 cS-50.12 Reg 1. 12 S-50.12 REG 1 SMALL CLAIMS, 2017 FORM D [Sections 9 and 10 of the Act] [Subsection 8(4) of the Regulations] Reply by Third Party Province of Saskatchewan To _________________________________ of ___________________ , third party claimant. 1. Agreement with the Claim I admit all or part of the Statement of Third Party Claim: Yes _____ No (If yes, describe below the parts of the third party claim with which you agree.) 1. 2. 3. I agree to pay $ __________ to the third party claimant to settle all of the claim / the portion of the claim admitted above [please select one]. (Fill this portion out if you agree to settle all or part of the third party claim). 2. Dispute I dispute all or part of the Statement of Third Party Claim: Yes________________No (If yes, describe below the parts of the third party claim that you dispute.) 1. 2. 3. Dated at ___________ , Saskatchewan, this _____ day of ____________ , 20 ___ . _______________________________________ (Signature of Third Party) _______________________________________ _______________________________________ (Third Party’s address for service) (please print) 1 Sep 2017 cS-50.12 Reg 1. 13 S-50.12 REG 1 SMALL CLAIMS, 2017 FORM E [Clause 19(1)(a) of the Act] [Subsection 8(5) of the Regulations] Affidavit of Personal Service I, __________________________________ of _______________________________________ , (name) (address) Make Oath and Say/Affirm as follows: 1. On the ____ day of ____________________________ , 20 _____, I personally served __________________________________________________________with a true copy of the (name of person served) _____________________________________________________ attached to this affidavit by (name of document served) leaving a true copy with (him/her) at ____________________________________________ . (address) 2. My knowledge as to the identity of ___________________________________________ (name of person served) is as follows: _______________________________________________________________ __________________________________________________________________________ . 3. To effect service, I travelled ______________________________________ kilometres. SWORN (OR AFFIRMED) BEFORE ME } at __________________________, Saskatchewan, this ________ day of ____________ , 20 ______ . ___________________________________________ ____________________________ A Commissioner for Oaths for Saskatchewan (Signature) being a solicitor, or My appointment expires ____________________ 1 Sep 2017 cS-50.12 Reg 1. 14 S-50.12 REG 1 SMALL CLAIMS, 2017 FORM F [Clause 19(1)(b) of the Act] [Subsection 8(6) of the Regulations] Affidavit of Service by Registered Mail I, __________________________________ of _______________________________________ , (name) (address) Make Oath and Say/Affirm as follows: 1. I served_____________________________________________________with a true copy (name of person served) of ___________________________________________________attached to this affidavit (name of document served) by mailing it by registered mail addressed as follows: ___________________________________________________________________________ ___________________________________________________________________________ 2. Attached to this affidavit is the post office acknowledgment of receipt for it, claiming to be signed by or on behalf of the addressee on the ________________________ day of __________________________________________, 20 ______(or, if the receipt is undated: which was returned on the ___________ day of ____________________ , 20 ____ ). 3. The basis of my information and belief as to the postal address of the addressee is: ___________________________________________________________________________ SWORN (OR AFFIRMED) BEFORE ME } at __________________________, Saskatchewan, this ________ day of ____________ , 20 ______ . ___________________________________________ ____________________________ A Commissioner for Oaths for Saskatchewan (Signature) being a solicitor, or My appointment expires ____________________ 1 Sep 2017 cS-50.12 Reg 1. 15 S-50.12 REG 1 SMALL CLAIMS, 2017 FORM G [Clause 19(1)(d) of the Act] [Subsection 8(7) of the Regulations] Affidavit of Service by Regular Mail I, __________________________________ of _______________________________________ , (name) (address) Make Oath and Say/Affirm as follows: 1. I served_____________________________________________________with a true copy (name of person served) of ___________________________________________________attached to this affidavit (name of document served) by mailing it by regular mail addressed as follows: ___________________________________________________________________________ ___________________________________________________________________________ 2. The basis of my information and belief as to the postal address of the addressee is: __________________________________________________________________________ . SWORN (OR AFFIRMED) BEFORE ME } at __________________________, Saskatchewan, this ________ day of ____________ , 20 ______ . ___________________________________________ ____________________________ A Commissioner for Oaths for Saskatchewan (Signature) being a solicitor, or My appointment expires ____________________ 1 Sep 2017 cS-50.12 Reg 1. 16 S-50.12 REG 1 SMALL CLAIMS, 2017 FORM H [Clause 19(1)(e) of the Act] [Subsection 8(8) of the Regulations] Affidavit of Service by Email I, __________________________________ of _______________________________________ , (name) (address) Make Oath and Say/Affirm as follows: 1. I served_____________________________________________________with a true copy (name of person served) of ___________________________________________________attached to this affidavit (name of document served) by sending it by email to the following email address: _________________________ . 2. Attached to this affidavit is a copy of the email, dated the __________________ day of _______________________________, 2 _________, that was sent to the addressee. 3. The basis of my information and belief as to the email address of the addressee is: ___________________________________________________________________________ SWORN (OR AFFIRMED) BEFORE ME } at __________________________, Saskatchewan, this ________ day of ____________ , 20 ______ . ___________________________________________ ____________________________ A Commissioner for Oaths for Saskatchewan (Signature) being a solicitor, or My appointment expires ____________________ 1 Sep 2017 cS-50.12 Reg 1. 17 S-50.12 REG 1 SMALL CLAIMS, 2017 FORM I [Clause 19(1)(f) of the Act] [Subsection 8(9) of the Regulations] Affidavit of Service by Fax I, __________________________________ of _______________________________________ , (name) (address) Make Oath and Say/Affirm as follows: 1. I served_____________________________________________________with a true copy (name of person served) of ___________________________________________________attached to this affidavit (name of document served) by sending it by fax to the following email number: ___________________________ . 2. Attached to this affidavit is the transmission record or journal generated by the fax machine that indicates that: (a) the date of transmission was the ____ day of _____________ , 20 ____ ; and (b) the transmission was successful. 3. The basis of my information and belief as to fax number of the person served is: ___________________________________________________________________________ SWORN (OR AFFIRMED) BEFORE ME } at __________________________, Saskatchewan, this ________ day of ____________ , 20 ______ . ___________________________________________ ____________________________ A Commissioner for Oaths for Saskatchewan (Signature) being a solicitor, or My appointment expires ____________________ 1 Sep 2017 cS-50.12 Reg 1. 18 S-50.12 REG 1 SMALL CLAIMS, 2017 FORM J [Clause 19(1)(g) of the Act] [Subsection 8(10) of the Regulations] Certificate of Service I, _________________________ , certify that on the_____day of _______________ , 20 , I served ____________________________ at ____________with a copy of this document. Dated at ___________ , Saskatchewan, this _____ day of ____________ , 20 ___ . __________________________________ (Signature of Sheriff, Deputy Sheriff or Sheriff’s Bailiff) Judicial Centre of __________________________________________________ 1 Sep 2017 cS-50.12 Reg 1. 19 S-50.12 REG 1 SMALL CLAIMS, 2017 FORM K [Section 23 of the Act] [Subsection 8(11) of the Regulations] Subpoena Province of Saskatchewan To: _______________________________________________________________________________ You must appear before a judge at _______________________________________________ (state urban centre at which trial is to be held and the location or description of the building in which the trial is to be held) on the _______day of __________________ , 20 __________ , at_______o’clock ____.m. (state whether a.m. or p.m.) and, if the trial is adjourned, to appear on the date to which it is adjourned, to give evidence on behalf of __________________________________________________________ . (plaintiff, defendant or third party) Optional: And you must bring with you and produce at the trial (specify books, papers, documents or other thing to be produced): ________________________________________ _______________________________________________________________________________ If you fail to appear and testify, a judge may issue a warrant for your arrest. Dated at ___________ , Saskatchewan, this _____ day of ____________ , 20 ___ . _______________________________________ (Signature of Judge or Clerk) 1 Sep 2017 cS-50.12 Reg 1. 20 S-50.12 REG 1 SMALL CLAIMS, 2017 FORM L [Section 38 of the Act] [Subsection 8(12) of the Regulations] BETWEEN: _____________________________________________, Plaintiff - and - ___________________________________________, Defendant Certificate of Judgment (judgment following a trial) In an action brought under The Small Claims Act, 2016 and tried before the Honourable Judge ___________________________________________________ on the ________ day of __________________________________________ , 20 ________, judgment was given on the ________ day of ____________________________________ , 20 _____________ in favour of ____________________________________________________ for the sum of: Claim $ _______________________ Interest ________________________ Costs ________________________ TOTAL $ _______________________ This amount is to be paid (immediately or in accordance with the following payment schedule:) ____________________________________________________________________________. OR (default judgment) In an action brought under The Small Claims Act, 2016, the [plaintiff/ defendant/third party] having failed to appear [or file a Reply, if applicable] and proof of service of the summons having been filed, judgment was given by the Honourable Judge _____________________________________________________________________________ on the ________ day of ___________________________________ , 20 ______________, in favour of __________________________________________________________________ for the sum of: Claim $ _______________________ Interest ________________________ Costs ________________________ TOTAL $ _______________________ This amount is to be paid (immediately or in accordance with the following payment schedule:) ____________________________________________________________________________. 21 S-50.12 REG 1 SMALL CLAIMS, 2017 OR (judgment for specific property) In an action brought under The Small Claims Act, 2016 and tried before the Honourable Judge _______________________________________________________________________ on the ________ day of ____________________________________ , 20 _____________ it is ordered that the [successful party] recover from the [other party’s] possession: _____________________________________________________________________________. (describe goods or chattels) Dated at ___________ , Saskatchewan, this _____ day of ____________ , 20 ___ . _______________________________________ (Signature of Judge or Clerk) Take notice that any party may appeal from this judgment within 30 days after the date of the judgment. FILING OF JUDGMENT IN COURT OF KING’S BENCH This judgment was entered as a judgment of the Court of King’s Bench this _____ day of ________________________________________________ , 20 _______in the amount of: Judgment $ ________________________ King’s Bench filing fee + ________________________ TOTAL $ ________________________ _______________________________________ (Local Registrar) 1 Sep 2017 cS-50.12 Reg 1; 10 Nov 2023 SR 101/2023 s6. 22 S-50.12 REG 1 SMALL CLAIMS, 2017 FORM M [Section 44 of the Act] [Subsection 8(13) of the Regulations] COURT FILE NUMBER ______________________________ COURT OF KING’S BENCH FOR SASKATCHEWAN JUDICIAL CENTRE ______________________________ APPELLANT ______________________________ RESPONDENT ______________________________ NOTICE OF APPEAL Take notice that _______________________________________________, the appellant, is appealing to the Court of King’s Bench from the judgment of the Honourable Judge _______________________________________________________________________________ dated the ____________ day of _____________________________________, 20 ________ . The grounds of the appeal are: 1. 2. 3. (continue on another page if necessary) Dated at ___________ , Saskatchewan, this _____ day of ____________ , 20 ___ . _______________________________________ (Signature of Appellant) _______________________________________ _______________________________________ (Appellant’s address for service) (please print) 1 Sep 2017 cS-50.12 Reg 1; 10 Nov 2023 SR 101/2023 s6. REGINA, SASKATCHEWAN Printed by the authority of THE KING’S PRINTER Copyright©2023