What Does a Court Officer Do in Manitoba Small Claims Court?

Court Officers Run Manitoba Small Claims

Unlike higher courts where judges preside, most Manitoba small claims hearings are heard by a court officer — specifically a registrar, deputy registrar, or assistant deputy registrar of the Court of King's Bench. This is set out in The Court of King's Bench Small Claims Practices Act (C.C.S.M. c. C285).

Court officers have both administrative and judicial authority within the small claims system. They can hear evidence, make findings of fact, and issue binding decisions up to the $20,000 jurisdictional limit.

What Court Officers Can Do

A court officer in a small claims hearing can:

• Receive evidence under relaxed rules — formal evidence procedures from regular civil trials do not apply. The officer can accept any testimony, document, photograph, or exhibit they consider relevant and reliable.
• Question both parties and witnesses to clarify facts. Unlike a passive referee, the court officer actively directs the hearing.
• Enter a judgment for or against either party, including interest and costs. Costs excluding disbursements are usually capped at $500, except in exceptional circumstances; reasonable disbursements may be awarded separately.
• Hear and decide the claim if a defendant fails to appear after service is proven; the claimant still has to prove the claim.
• Set aside a default decision if the party files Form 76I and satisfies the court officer that they have a reasonable explanation for not filing a Defence or did not wilfully or deliberately fail to appear, applied as soon as reasonably possible after learning of the decision (or have a satisfactory explanation for delay), and it is fair and just to set the decision aside.
• Encourage settlement — at the teleconference first appearance and even at a contested hearing, the officer may explore whether the parties can agree on terms.

What Court Officers Cannot Do

There are limits. A court officer cannot:

• Award more than $20,000 (the jurisdictional ceiling)
• Grant injunctions, specific performance, or orders to return property — only monetary damages
• Hear disputes that fall outside small claims jurisdiction (real property title, family law, wrongful dismissal, defamation, residential tenancies)
• Provide legal advice to either party — the officer is neutral

When a Judge Hears Your Case Instead

A Court of King's Bench judge, rather than a court officer, hears a small claim in two situations:

1. The court officer directs it in the interest of the administration of justice.
2. A designated entity is a party — certain government or institutional defendants trigger automatic judicial assignment under the Act.

You cannot request a judge simply because you prefer one. The decision rests with the court officer or the court administration.

The Hearing Process Under a Court Officer

At a contested virtual hearing (conducted via Microsoft Teams since March 2023), the court officer manages the proceedings informally:

• The claimant presents their case first — summarizing the facts, walking through documents, and explaining what they are claiming and why
• The defendant responds — challenging the claimant's account and presenting their own evidence
• The officer may ask follow-up questions to either side
• Witnesses testify when called, and both parties can ask questions of the other's witnesses

There is no jury. The court officer makes the decision alone, based on the evidence presented. The decision may be delivered orally at the end of the hearing or reserved and mailed as a Certificate of Decision.

Appealing a Court Officer's Decision

If you believe the court officer made a legal error, you can apply for leave to appeal to a judge of the Court of King's Bench using Form 76K, filed within 30 days after the Certificate of Decision is filed. The application must include a transcript or proof that a transcript has been ordered. Appeals are limited to errors of law or jurisdiction — you cannot appeal because you disagree with how the officer weighed the evidence.

For a full guide covering every step of the Manitoba small claims process — from filing through the hearing and enforcement — the Manitoba Small Claims Filing Guide has it all in one place.

See more Manitoba guides →