How to Sue Someone in Nunavut Small Claims Court

Somebody owes you money and will not pay. Maybe it is a contractor who took your deposit and disappeared, a client who keeps ignoring your invoices, or a neighbour who damaged your property and refuses to cover repairs. In Nunavut, the Small Claims stream of the Nunavut Court of Justice handles disputes up to $20,000 CAD — and you do not need a lawyer to use it.

Does Your Dispute Qualify?

Small claims court in Nunavut covers:

• Unpaid debts — invoices, loans, money owed under a written or verbal agreement
• Breach of contract — someone promised to do work and did not deliver, or delivered something defective
• Property damage — a person or business damaged your belongings through negligence
• Return of personal property — someone has your stuff and will not give it back
• Consumer disputes — defective goods, refused refunds

It does not cover:

• Residential tenancy deposits (those go to the Nunavut Rental Officer)
• Land title disputes
• Libel or slander claims
• Anything above $20,000 CAD (excluding interest and court costs)

If your claim is over $20,000, you can voluntarily abandon the excess to bring it within the limit — but the abandoned portion is gone permanently. You also cannot split a single dispute into multiple claims under $20,000.

Check the Time Limit First

Under the 2023 amendments to Nunavut's Limitation of Actions Act, the general period for applicable claims is three years after discovery, subject to a ten-year limit from when the cause of action arose. Transitional rules mean some older claims remain subject to the former deadlines. For a debt, a signed written promise or acknowledgment, or a part payment, can allow an action within three years after that event.

If you are close to the deadline, file first and negotiate after — sending a demand letter does not pause or extend the limitation clock.

The Process From Start to Finish

1. Send a demand letter. Not legally required, but judges consider it when deciding costs. Lay out what happened, how much is owed, and give 14 days to pay. Keep a copy and proof of delivery.

2. Verify the defendant's legal name. Individuals are sued by personal name. A search through Nunavut Legal Registries has no fee; a third-party Corporate Profile Report costs $30–$40 CAD and can confirm a business's exact registered name and office address.

3. Fill out the Notice of Claim. Include your details, the defendant's details, a factual summary, and an itemized financial breakdown. Attach supporting documents.

4. File with the Civil Registry. Submit in person, by mail, or by email (PDF to [email protected], pay the $75 fee by phone). The Registry assigns a file number and seals the document.

5. The Sheriff serves the defendant. You cannot serve the Notice of Claim yourself — the Sheriff's Office handles it under Rule 9.1.

6. Wait 30 days for a Reply. If the defendant responds, the court schedules mandatory mediation unless it exempts the parties. If they do not respond, you can request that the Clerk note them in default.

7. Attend mediation and, if needed, trial. Mediation is required unless the court exempts the parties. Bring the documents and reports you intend to rely on to mediation. A document not brought to mediation, and expert evidence, is not admissible at trial unless the court orders otherwise. Present your case to the judge, who issues a decision.

8. Enforce the judgment. If the debtor does not pay voluntarily, you pursue collection through the Sheriff — garnishment, seizure of property, or a Payment Hearing to force the debtor to disclose assets.

What It Costs

The filing fee is $75, and there is no Sheriff fee for service of the initiating Notice of Claim. Other expenses, such as corporate searches, expert witnesses, or witness travel, can add to the cost. If you win, the judge can order the defendant to reimburse your court costs.

Practical Realities in Nunavut

Geography matters. Service in remote communities takes longer — the Sheriff works through local deputies, and circuit court sittings may not happen every month. Build extra time into your timeline.

Language rights. You can request proceedings in Inuktut (Inuktitut or Inuinnaqtun), English, or French. Tell the Civil Registry early so they can arrange an interpreter.

Self-representation is normal. Legal aid in Nunavut prioritizes criminal and family matters. Most civil claimants represent themselves, and the small claims process is designed for that — simplified rules, relaxed evidence standards, and judges who ask questions to get at the facts.

The Making a Small Claim in Nunavut guide covers every step with worksheets, a deadline calendar, and a service tracking log — built for people navigating the process on their own.

See more Nunavut guides →