How to File Small Claims in Northwest Territories

The Northwest Territories Does Not Have a Separate Small Claims Court

If you have been searching for "NWT Small Claims Court," the court you actually need is the Territorial Court of the Northwest Territories sitting in its civil jurisdiction. Unlike provinces such as Ontario or British Columbia, the NWT does not operate a standalone small claims court. Civil monetary claims up to C$35,000 are heard under the Territorial Court Civil Claims Rules (N.W.T. Reg. 122-2016), which came into force on January 1, 2017.

The Territorial Court handles debts, breach of contract, and damages. It does not handle title to land, defamation, malicious prosecution, or disputes about a will. Residential tenancy deposit disputes go to the NWT Rental Office, not the Territorial Court.

Step 1: Confirm Your Claim Fits

Before you spend $55 on the filing fee, confirm three things:

• Monetary limit: Your claim cannot exceed C$35,000 (exclusive of interest and costs). If your damages are higher, you can abandon the excess on Form 1, but you permanently give up the right to recover the abandoned amount.
• Limitation period: Most contract and debt claims have six years from the date the cause of action arose under the Limitation of Actions Act. Some personal-injury, specific tort, or statutory-liability claims may have a shorter two-year period from discoverability.
• Subject-matter jurisdiction: The Territorial Court cannot hear land title disputes, defamation, or residential tenancy deposit claims. File a residential tenancy dispute with the NWT Rental Office instead.

Step 2: Send a Demand Letter

A demand letter is not legally required in most cases, but sending one is standard practice. It sets a reference date for pre-judgment interest, demonstrates you tried to resolve the dispute before going to court, and sometimes settles the matter without filing.

Your letter should include the amount owed, a clear summary of what happened, a deadline for payment (10–14 business days is standard), and a statement that you will file a Territorial Court claim if the debt is not paid.

Step 3: Fill Out Form 1 (Statement of Claim)

Form 1 is the document that starts your case. Download it from nwtcourts.ca — the form is a fillable PDF, but it is not an online filing portal. You need to print it and bring it to the registry.

Key requirements on Form 1:

• Name the defendant by their exact legal name. For a corporation, search the GNWT Corporate Registries (CROS) to confirm the registered name and office address.
• Provide a physical address for service — PO Boxes are not allowed.
• Summarize what happened concisely, without attaching your entire evidence file.
• Itemize the amount you are claiming.
• If your damages exceed $35,000, check the abandonment section to cap your claim at the jurisdictional limit.

Step 4: File at the Registry and Pay the Fee

Bring your completed Form 1 to the Territorial Court registry nearest to where the defendant lives or carries on business, or where the transaction, breach, or event giving rise to the claim occurred. Registries operate in Yellowknife, Hay River, and Inuvik. You can also file by mail.

The filing fee is $55, payable by cash, certified cheque, money order, Visa, or Mastercard. The clerk will review your form, assign a file number, apply the court seal, and return stamped copies for you to serve on the defendant.

Step 5: Serve the Defendant

The court does not serve documents for you. You must arrange personal service of the stamped Form 1 plus a blank copy of Form 2 (Statement of Defence) on every defendant. Missing the blank Form 2 is a common mistake that can block your path to default judgment later.

Service can be done by you, another adult, a private process server, or the NWT Sheriff's Office ($0.50/km travel fee). After service, the person who served the documents must swear Form 3 (Affidavit of Service) before a Commissioner for Oaths and file it with the registry.

Step 6: Wait for the Defence and Attend Mandatory Mediation

The defendant has 25 days (30 if served outside the NWT) to file Form 2. If they do not respond, you can apply for default judgment using Form 11 ($25 fee).

If the defendant files a defence, the clerk schedules mandatory judicial mediation before a Territorial Court judge. This is not a trial — it is a settlement session. Come prepared with an itemized breakdown of your claim, organized evidence, and a realistic settlement range. If mediation succeeds, both sides sign Form 12 (Agreement). If it fails, the judge gives directions for trial.

Step 7: Trial and Judgment

At trial, you present your evidence under oath, call witnesses, and make closing submissions. The judge may give an oral decision or reserve judgment in writing. If you win, the court issues Form 21 (Payment Order), which states the amount owed, interest, and costs.

If the defendant does not pay voluntarily, you have three enforcement tools: a Writ of Execution (Form 22) directing the Sheriff to seize property, a Garnishee Summons (Form 35) to attach bank accounts or wages, or a Summons to Payment Hearing (Form 23) to examine the debtor under oath.

Filing as a Self-Represented Litigant

Most people in the Territorial Court represent themselves. The Legal Aid Outreach Clinic offers up to one hour of free legal advice to any NWT resident, regardless of income — call 1-844-835-8050. Court staff can answer questions about fees and circuit dates, but they cannot help you draft documents or advise you on strategy.

For the complete filing procedure with form-by-form instructions, deadline calendars, and seven practical worksheets, see the NWT Small Claims Filing Guide.

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