The Small Claims Act, 1997

Anyone with a claim of $20,000 or less against another person in Saskatchewan for:

• debts;
• damages;
• recovery of personal property; or
• specific performance or cancellation of a contract

may bring an action to Small Claims Court. This includes an action against insurance companies.

The fee for starting an action depends on the amount of money claimed. Fees range from $20 to $50.

The Small Claims staff will prepare the documents and give you information on how to proceed. You do not need a lawyer to represent you, although you may have one if you wish.

A pre-trial case management process has been introduced for small claims matters. A case management judge will assist the persons involved to settle the matter without going to trial. During the case management, the judge will be authorized to:

• settle any issues being disputed;
• decide any issues that do not require evidence;
• make any appropriate order agreed to by the parties;
• grant default judgment against a party that does not attend the case management conference;
• set a trial date if a trial is necessary;
• discuss any evidence that will be required and the procedure that will be followed if a trial is necessary;
• order the defendant to prepare a statement of defence;
• order a party to produce any information at the case management conference or anything as evidence at trial;
• order disclosure; and
• make any order for the just, timely and inexpensive resolution of the action.

If settlement attempts have not resolved the dispute, a trial will be held. The judge may give any necessary directions to the persons involved to ensure the trial proceeds quickly and efficiently.

After a trial the judge may make any of the following orders:

• that one person pay the other person, either all at once or in installments;
• that one person return property to the other person;
• canceling a contract; 
• compelling a person to comply with a contract;
• dismissing the claim.

If the unsuccessful person does not comply with the order, the successful person may register the judgment with the Court of Queen's Bench and use collection procedures available through that Court, such as a garnishee summons and writ of execution.

For more information about Small Claims proceedings, contact the nearest Provincial Court Office or the Public Legal Education Association of Saskatchewan (PLEA).