Appealing a Small Claims Court Decision in New Brunswick

Appeals Are Narrow

If you lose a small claims case in New Brunswick, you can appeal — but only on limited grounds. Under section 42.1 of General Regulation 2012-103, appeals go to the Court of King's Bench and are restricted to questions of law or jurisdiction. You cannot appeal because you disagree with the Adjudicator's assessment of the facts or think the evidence should have been weighed differently.

This is a significant change from the older regime. Before the 2024 amendments (N.B. Reg. 2024-78), appeals were heard de novo — the Court of King's Bench would rehear the entire case fresh. That's no longer the case. The appeal court now reviews only whether the Adjudicator made an error of law or acted outside the court's jurisdiction.

Grounds for Appeal

An appeal on a question of law might succeed if:

• The Adjudicator applied the wrong legal test (for example, using a negligence standard when the claim was based on contract)
• The Adjudicator misinterpreted the Small Claims Act or its regulations
• The decision contradicts a binding legal principle

An appeal on jurisdiction might succeed if:

• The claim exceeded $20,000 and shouldn't have been heard in Small Claims Court
• The claim fell within an excluded category (land title, family law, defamation)
• The Adjudicator made procedural orders beyond their statutory authority

Disagreement with how the Adjudicator evaluated your evidence, assessed credibility, or calculated damages is not an error of law. The Adjudicator saw the witnesses, heard the testimony, and reviewed the documents — the appeal court defers to those factual findings.

How to File an Appeal

You file Form 17.1 (Notice of Appeal) with the Court of King's Bench. The notice must specify the grounds of appeal — which question of law or jurisdiction you're raising. Vague statements like "the decision was wrong" won't satisfy the requirement.

You must file the notice within 30 days after the date the decision under appeal is filed under section 36 of the Regulation. A judge of the Court of King's Bench may extend this deadline under section 62(3).

The Court of King's Bench has its own filing fees and procedures that are separate from Small Claims Court. You'll be in a more formal environment with stricter procedural expectations.

What Happens on Appeal

The appeal proceeds on the record: the pleadings and exhibits from the Small Claims action, along with a summary report from the court. It is a review of that record, not a new hearing of the whole case. The court may:

• Dismiss the appeal if it finds no error of law or jurisdiction
• Allow the appeal and substitute its own decision
• Send the case back to the Small Claims Court for a new hearing before a different Adjudicator

If the appeal succeeds, the Court of King's Bench may also address costs.

Should You Appeal?

Before filing, weigh the realistic prospects. Most appeals in small claims are unsuccessful because they're really about factual disagreements dressed up as legal arguments. The costs of the appeal — filing fees, time, potential costs awards against you if you lose — can outweigh the amount at stake.

If the Adjudicator genuinely misapplied the law and you can point to the specific legal error, an appeal is worth considering. If you're unhappy with the outcome but the Adjudicator followed the right legal framework, your chances are slim.

Our Making a Small Claim in New Brunswick guide covers what happens after the hearing, including the enforcement process if you win and the appeal framework if you need to challenge the decision.

See more New Brunswick guides →