Certificate of Decision in Manitoba Small Claims Court

After a hearing or a default in Manitoba's Small Claims Court, the registry issues a Certificate of Decision. This is the formal court judgment — a binding document that establishes who owes what, including the principal amount, pre-judgment interest, post-judgment interest, and any allowable court disbursements. It is signed by the Court Officer or Judge who decided the case.

Understanding what the Certificate means and what options you have after receiving one can be the difference between a manageable outcome and an escalating enforcement situation.

How a Certificate of Decision Gets Issued

A Certificate of Decision is generated in two situations:

After a contested hearing. Both parties present their evidence and testimony. The Court Officer or Judge makes a decision, either orally at the end of the hearing or in a reserved written decision within a few weeks. The registry then issues the Certificate.

After a default. If the defendant does not file Form 76D (Defence) or Form 76E (Defence and Counterclaim) within 20 calendar days of being served, the claimant can request that the defendant be noted in default. The claimant files a Request for Noting Default and Default Decision along with a Declaration of Service (Form 76B) proving valid service. Once verified, the Court Officer signs a Certificate of Decision on Default — a binding judgment entered without any hearing.

In both cases, the Certificate becomes part of the public court record. Canadian credit reporting agencies such as Equifax and TransUnion routinely index these judgments, and they can remain on a consumer credit file for up to 10 years unless satisfied or set aside.

What the Certificate Contains

A typical Certificate of Decision sets out:

• The court file number and judicial centre
• The names of all parties
• The principal amount awarded
• Pre-judgment interest, if awarded
• Post-judgment interest (running from the date of the Certificate until payment)
• Court costs and disbursements the losing party must pay
• Any specific terms, such as instalment payment schedules

The Certificate is the enforcement document. Without it, a judgment creditor cannot pursue wage garnishments, bank seizures, or writs of seizure and sale.

Your Options as a Defendant After a Certificate Is Issued

If a Court Officer Decided Against You

You have 30 calendar days from the entry date recorded on the Certificate to file Form 76K (Application for Leave to Appeal and Notice of Appeal). An appeal is limited to questions of law or jurisdiction — you cannot appeal simply because you disagree with how the Court Officer weighed the evidence. If a Court of King's Bench judge decided the claim, an appeal must go to the Manitoba Court of Appeal and requires leave under its Civil Rules.

Filing Form 76K along with proof that you have ordered the official hearing transcript triggers an automatic stay of enforcement. That means no garnishments, no bank seizures, and no sheriff actions while the appeal is pending. The 30-day appeal period by itself does not pause enforcement.

If You Were Defaulted

A Certificate of Decision on Default cannot be appealed through Form 76K. Instead, you must file Form 76I (Application to Set Aside Decision) at the court centre where the claim was filed. You will need to pay a $150 security deposit in guaranteed funds at the time of filing and serve the application on the claimant within 20 calendar days of filing.

At the set-aside hearing, you must satisfy a three-part test: a reasonable explanation for why you missed the deadline, promptness in applying to set aside, and a defence that deserves to be heard on its merits. If granted, the default Certificate is voided, the deposit is returned, and a new hearing date is set.

Filing Form 76I does not automatically pause enforcement. You need to specifically ask the registry for an urgent stay of execution while the set-aside application is pending.

If You Can Pay

Paying the judgment in full resolves the debt, but does not automatically remove the judgment from a credit file. Ask the creditor to execute and file a Notice of Satisfaction with the court to update the public record.

If you cannot pay the full amount immediately, you may be able to negotiate instalment payments with the creditor directly and file a Consent Order reflecting the agreement ($75 filing fee).

How the Certificate Affects Your Credit

An unsatisfied Certificate of Decision is a public court judgment. Credit agencies pick it up from court records regardless of the amount. For a defendant, this means even a $2,000 judgment can have an outsized impact on credit applications, mortgage renewals, and business financing.

Getting the judgment satisfied and having the Notice of Satisfaction filed with the court does not automatically remove it from your credit file, but it does change the status from "unsatisfied" to "satisfied," which reporting agencies treat more favourably.

Taking Action

Whether you are facing a contested decision or a default Certificate, your deadlines are short and missing them narrows your options. The Manitoba Small Claims Response Guide walks you through every post-decision step, including the appeal timeline, the set-aside procedure, and a post-decision tracking worksheet.

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