How to File Small Claims in Nova Scotia: Form 1 and Filing Instructions

Before You Touch the Form

Filing a claim in Nova Scotia Small Claims Court starts well before you fill out Form 1. Three things need to be settled first:

Is your claim eligible? The court handles monetary disputes and personal property return up to $25,000 CAD. It won't touch land ownership, wills, defamation, or lawsuits against the government. General damages (pain, suffering, emotional distress) are capped at $100.

Are you within the time limit? You have 2 years from when you discovered the damage. A hard backstop of 15 years runs from the date the act happened, regardless of when you found out. Miss either deadline and your claim is dead.

Do you have the defendant's correct legal name? This is where most self-filers stumble. If you're suing a business, search the Registry of Joint Stock Companies to confirm whether you're dealing with a sole proprietor, partnership, or corporation. The name on Form 1 must match the registered entity exactly.

Getting Form 1

Form 1 is the Notice of Claim — the originating document that starts your case. Download the interactive PDF from the Courts of Nova Scotia website. The fillable version lets you type your information before printing.

One common misconception: downloading and filling out the form online is not e-filing. Nova Scotia Small Claims Court has no electronic filing portal. The interactive PDF is for preparation only. You must print it out and submit it physically.

Filling Out Form 1

The form asks for straightforward information, but the details matter:

Your information (the claimant): Full legal name, mailing address, and phone number. If a corporation is filing, include the corporate name and the officer authorized to represent it.

Defendant information: Full legal name (verified through RJSC if a business), last known mailing address, and phone number if you have it. If you're suing multiple defendants, each one needs to be named separately on the form.

The claim itself: Describe what happened in plain language — the transaction or incident, the date, what the defendant did or failed to do, and the specific dollar amount you're claiming. Stick to facts. Include the breakdown: principal amount, pre-judgment interest (contractual rate, or the default 4% per annum if no contract rate exists), and filing costs.

The venue: Identify the courthouse where you're filing. This must be the Justice Centre serving the district where the dispute occurred or where the defendant lives or does business.

Filing Fees

Pay by cash, Interac debit, certified cheque, or money order payable to the "Minister of Finance." The court does not accept personal cheques.

If you're on a low income, apply for a fee waiver using Form 14 at the same time you file. The listed maximum gross monthly income is $1,067 for a single adult and $1,424 for two adults with no dependants; the clerk evaluates the application.

Submitting Your Claim

Bring your completed Form 1 (or mail it) to the court clerk's office at the correct courthouse. Include your filing fee. The clerk will:

1. Assign a cause number
2. Stamp the court seal
3. Enter the statutory notice period (typically 20 days)
4. Set a hearing date
5. Return issued copies for you to serve on the defendant

If you're mailing the forms, send them with a certified cheque or money order. The clerk processes mail filings and returns the issued copies by post.

What Happens After Filing

Once the clerk issues your claim, you have a service obligation. You must personally serve the issued Form 1 on every named defendant at least 20 clear days before the hearing date. "Personally serve" means someone other than you — a friend over 18, a private process server, or a deputy sheriff — hands the document directly to the defendant.

After service is complete, the person who served the document swears an Affidavit of Service confirming the date, time, location, and method of identity verification. That affidavit gets filed with the court before or on the hearing date.

For the full filing-to-hearing sequence with printable worksheets for each step, the Nova Scotia Small Claims Filing Guide covers Form 1 completion, fee calculations, service tracking, and evidence preparation in one organized system.

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