How to File a Small Claim in Yukon

Before You File: The Demand Letter

Send a written demand letter to the person or business that owes you money. Lay out what happened, how much they owe (including any contractual interest), and a firm deadline — 14 to 30 days is standard. State clearly that you will file a small claim if they do not pay.

A demand letter is not legally required to file. It creates a clear record of the claim and gives the other party a final opportunity to resolve the dispute.

Keep a copy of the letter and proof of delivery (registered mail receipt, email read receipt, or a witness who saw you hand it over). You will need this later.

Confirm Your Claim Fits Small Claims Court

Yukon Small Claims Court handles monetary claims and personal property recovery up to $25,000 CAD, excluding interest and costs. Before filling out any forms, check two things:

1. The dollar ceiling. If your claim exceeds $25,000, you must either abandon the excess (permanently) to stay in Small Claims Court, or file in the Supreme Court of Yukon.
2. Subject-matter exclusions. The court cannot hear disputes about land title, wills and estates, or defamation. Residential tenancy disputes — including security deposit claims — must go to the Residential Tenancies Office.

Identify the Defendant's Exact Legal Name

This trips up more filers than anything else. If you are suing a business, the name on Form 01 must be the registered corporate name — not the storefront sign. Search the Yukon Corporate Online Registry (YCOR) at Corporate Affairs, 307 Black Street in Whitehorse, or call (867) 667-5314.

• Individual: Use their full legal name.
• Sole proprietorship: "John Doe operating as [trade name]."
• Partnership: Name each partner; attach Form 06 — Notice to Alleged Partner.
• Corporation: Use the exact name from YCOR (e.g., "12345 Yukon Inc." not "Yukon Auto Repairs").

A judgment entered against the wrong legal name is unenforceable. Get this right.

Fill Out Form 01 — Claim

Form 01 is the originating document for every small claim. It asks for:

• Court file header — the registry where you are filing (Whitehorse, Dawson City, or Watson Lake)
• Claimant and defendant details — full names, addresses, phone numbers, email
• Claim amount — the principal sum you are claiming, up to $25,000
• Interest — the contractual rate if one exists, or a request for statutory interest under the Judicature Act
• Statement of facts — a concise narrative of what happened, the relevant dates, and what the defendant owes

Attach supporting documents: the contract, invoices, the demand letter, photos if relevant. Additional pages are fine — label them clearly.

File at the Registry and Pay the Fee

Take your completed Form 01 (with copies for yourself and each defendant) to any of the three Yukon court registries:

Filing fees:

• $50 for claims up to $5,000
• $100 for claims over $5,000 to $25,000

You can also file by mail with the filing fee or by fax. Fax filings must be followed immediately by mailing the original signed documents; unpaid fees after one week result in rejection. Email filing is not recognized as valid unless the registry specifically authorizes it.

The registry clerk assigns a court file number, stamps your copies with the official court seal, and returns them. Those stamped copies are what you serve on the defendant.

Serve the Defendant

Filing the claim does not notify the other side — you are responsible for service. Accepted methods include:

• Personal service — physically handing the stamped claim to the defendant (or to an officer/director if the defendant is a corporation)
• Registered mail — mailing it with a signature-required receipt to the defendant's address
• Substituted service — if the defendant is avoiding you, apply to the court (Form 08) for an alternative service method

Serve the claim within 12 months of issuance. If you cannot complete service in that period, apply for an extension before the claim expires.

After service, complete Form 07 — Affidavit of Service and file it with the registry. Proof of service is required for a default judgment application.

What Happens Next

The defendant has 20 calendar days from service (30 calendar days if served outside Yukon) to file a Reply. If no reply comes, you can apply for a default judgment using Form 10 together with Form 13 for a fixed amount or Form 14 for an amount to be assessed. A Form 14 application requires a judge to assess the amount at a hearing.

If the defendant does reply, the court schedules a settlement conference. Many disputes settle at this stage with a judge mediating. If that fails, it goes to trial.

The Making a Small Claim in Yukon guide covers every step from demand letter through enforcement, with a deadline calendar and service tracking log so nothing slips through the cracks.

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