How to Defend Yourself in New Brunswick Small Claims Court

Most defendants in New Brunswick Small Claims Court represent themselves. The court is specifically designed for that — hearings are informal, the rules of evidence are relaxed, and you do not need legal language to make your case. What you do need is preparation.

Your Response Sets the Frame

Everything starts with your Form 2 Response. When you dispute the claim (Section 1 of Form 2), the factual reasons you write there become the outline of your defence at the hearing. Be specific about what happened, when, and why the claimant's version is wrong. You are not writing a legal brief — plain language describing the facts is exactly what the hearing officer expects.

If you owe some of the money but dispute the rest, use the partial-admission option. Admitting what you genuinely owe and contesting the rest shows the hearing officer you are being reasonable, which tends to carry weight in an informal forum.

Organise Your Evidence Before the Hearing

After your Form 2 is filed, the court schedules a hearing and sends you a Notice of Hearing (Form 11) at least 20 days in advance. Use that time to build an evidence package:

• Contracts, invoices, and receipts — the paper trail of the transaction
• Photographs — of property damage, defective work, the condition of goods, anything visual
• Text messages and emails — print the full threads, not cherry-picked excerpts
• A timeline — a chronological summary of events with dates, keyed to your documents

Make copies of everything — one set for the hearing officer and one for the claimant. You exchange evidence at or before the hearing, not during your testimony. Surprises tend to backfire.

At the Hearing

New Brunswick Small Claims Court hearings are run by a hearing officer. The process is conversational, not theatrical. The claimant presents their case first, then you present yours. The hearing officer may ask questions of both sides.

Stick to the facts in your Form 2. Do not introduce new claims you did not include in your response — the hearing officer may exclude them. If you need a witness who will not come voluntarily, request a Form 12 Summons to Witness from the clerk before the hearing date. You serve it on the witness personally and pay the prescribed witness attendance allowance.

You are allowed to have someone with you. Under Section 27 of the Regulation, you can appear in person, through a lawyer, or through an unpaid agent if the hearing officer grants permission. Corporate defendants can be represented by an officer or employee.

Settle If It Makes Sense

The hearing officer will ask at the start whether you have discussed settlement. If you reach an agreement at any point — before or during the hearing — you sign a Form 13 Settlement Agreement and file it with the clerk. This is a binding court document. If the other side defaults on its terms, you can apply for judgment based on the breach without re-litigating.

Settlement is not a sign of weakness. It removes risk for both sides and saves the time and stress of a contested hearing.

Our New Brunswick small claims response guide covers the full defence process from Form 2 through the hearing, including evidence organiser worksheets and a hearing preparation planner.

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