How to Sue Someone in Nova Scotia Small Claims Court

You are owed money and the other side will not pay. Whether it is an individual who borrowed money and ghosted, a sole proprietor who took a deposit and disappeared, or a corporation that refused a refund — the process starts in the same place. Here is how to sue someone in Nova Scotia Small Claims Court.

Step 1: Confirm You Have a Valid Claim

Before anything else, check that your dispute fits within the court's jurisdiction:

• Monetary limit: Up to $25,000, not including interest and costs
• Type of claim: Breach of contract, unpaid debt, property damage, return of personal property, unpaid invoices, wrongful dismissal
• Excluded matters: Land ownership, wills, defamation, claims against the provincial or federal Crown, general damages over $100
• Time limit: You must file within 2 years of discovering the loss (the basic limitation period under the Limitation of Actions Act), and no later than 15 years after the act or omission that caused it

If your claim is a residential tenancy deposit dispute, it must go to the Residential Tenancies Program first — the Small Claims Court only hears tenancy appeals.

Step 2: Identify the Correct Legal Name

Getting the defendant's legal name wrong is one of the most common filing mistakes — and it can make a judgment unenforceable. The naming rules depend on who you are suing.

Individual: Use their full legal name (first, middle, last) as it appears on government ID, a signed contract, or correspondence. If you only know a first name and last initial, you may need to do some investigation before filing.

Sole proprietor: Name the individual owner "operating as" (o/a) the business name. For example: "John Smith o/a Smith's Renovations." Look up the business registration on the Registry of Joint Stock Companies (RJSC) to confirm the owner's legal name.

Partnership: Name each general partner individually, followed by "carrying on business as" the partnership name. All general partners are jointly liable.

Corporation: Use the exact registered corporate name, which must end in "Limited," "Ltd.," "Incorporated," "Inc.," or "Corp." Search the RJSC database to confirm the precise name and registered office address. An incorporated company is a separate legal entity — you sue the corporation, not the individual directors (unless you have grounds to pierce the corporate veil).

Federally incorporated company: If the business is federally incorporated but operates in Nova Scotia, verify through Corporations Canada rather than the RJSC.

Step 3: Send a Demand Letter

A demand letter is not legally required, but it strengthens your case. It shows the adjudicator you tried to resolve the dispute before resorting to court. Send a letter that:

• Summarises the facts and the amount owed
• Sets a payment deadline (10 to 14 days)
• States that you will file a Small Claims Court claim if the debt is not paid
• Is marked "WITHOUT PREJUDICE" at the top
• Is sent by registered mail or tracked courier so you have proof of delivery

For detailed demand letter guidance, see our demand letter walkthrough.

Step 4: File Your Claim

Complete Form 1 (Notice of Claim) with:

• Your name and contact information
• The defendant's full legal name and address
• A clear statement of facts — what happened, when, and what you are owed
• The exact dollar amount claimed, broken down by category (principal debt, interest, consequential damages)
• The venue — file at the court registry where the cause of action arose or where the defendant lives or does business

Submit Form 1 with the filing fee: $99.70 for claims under $5,000 or $199.35 for claims between $5,000 and $25,000. Pay by cash, Interac debit, certified cheque, or money order payable to the "Minister of Finance."

The clerk stamps your claim, assigns a court file number, sets a hearing date, and returns service copies to you. For a step-by-step Form 1 walkthrough, see our filing guide.

Step 5: Serve the Defendant

You must personally serve the stamped Notice of Claim on every defendant at least 20 clear days before the hearing. You cannot serve it yourself — an independent adult over 18, a private process server, or a deputy sheriff must do it.

After service, the person who delivered the documents completes an Affidavit of Service, has it sworn before a Commissioner of Oaths or court clerk, and files it with the court. Our service guide covers every method and the proof requirements.

Step 6: Prepare for the Hearing

Once the defendant is served, either they file a defence (and possibly a counterclaim) within 20 days, or they do not and you can request a default judgment.

If a defence is filed, prepare your evidence binder — three copies of every document — and organize your presentation chronologically. The hearing preparation guide walks through what to expect on the day.

The Complete Process in One Place

The Nova Scotia Small Claims Filing Guide covers every step from the demand letter through judgment enforcement, with printable worksheets for party naming, filing fees, service tracking, and evidence organization.

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