Manitoba Small Claims Court Settlement and First Appearance

Settling Before the Hearing

Most small claims disputes in Manitoba never reach a contested hearing. Once a claim is filed and served, both parties have a financial incentive to settle: the claimant avoids the risk of losing, and the defendant avoids the risk of a judgment plus interest.

You can settle at any point — before filing, after filing, at the first appearance, or even on the morning of a contested hearing. The court encourages it.

How Settlement Works in Practice

The parties can negotiate directly, and a Court Officer may help mediate at the first appearance or a contested hearing. Typically, one side makes an offer (often by phone, email, or letter), and the other accepts, rejects, or counters.

Once you agree on terms, put the deal in writing. A settlement agreement should include:

• The specific dollar amount being paid
• The payment schedule (lump sum or instalments)
• A deadline for each payment
• A clause stating the claimant will notify the court that the matter is resolved

If the defendant agrees to pay in instalments, contact the court office to ask how the arrangement can be recorded. A private agreement is not itself a court judgment, and you should not assume the court will automatically turn it into a consent order.

The First Appearance (Teleconference)

Under Manitoba's virtual hearing protocol (in effect since March 2023), the first appearance is conducted by teleconference. Dial-in instructions are printed on the issued Form 76A.

The first appearance is not a trial. The court officer uses it to:

• Confirm that the defendant was properly served
• Determine whether the claim is disputed
• Explore whether the parties can settle
• Schedule a contested hearing date if needed

The Court Officer may mediate a settlement or manage issues that need to be resolved before a contested hearing. If the parties agree to payment arrangements, contact the court office to ask that the hearing be postponed and a later date set in case the arrangements are not followed. A defendant who does not file a Defence within 20 calendar days after service may be noted in default if the claimant files the required request and evidence.

Court Mediation and Case Management

The published small-claims process describes the first appearance as a teleconference where the Court Officer may mediate a settlement and manage issues before a contested hearing. If the parties cannot settle, the Court Officer sets a contested hearing date. The Court may also be able to resolve the claim through mediation at that hearing if both parties are open to it.

What If You Settle After Filing?

If the claim has been paid in full or the claimant decides to discontinue, file a Notice of Discontinuance (Form 23A) before the hearing date. For agreed payment arrangements, contact the court office and ask that the hearing be postponed, with a later date set in case the arrangement is not followed. Do not assume a private agreement cancels the scheduled hearing.

Settling does not entitle either party to a refund of court filing fees — fees paid under the Court Services Fees Regulation are non-refundable.

Enforcing a Broken Settlement

If the defendant agrees to pay and then does not follow through, your options depend on how the settlement was recorded:

• Consent order on file with the court: You can proceed directly to enforcement — garnishment (Form 60E), writ of seizure and sale, or registration against real property — without a new hearing.
• Private written agreement only: It is not itself a court judgment. Ask the court office how to update the existing proceeding and get legal advice about enforcement if the other party does not pay.

If you want the settlement recorded as a court order, ask the registry what procedure is available before relying on it as enforceable.

For a complete walkthrough of every stage — from the demand letter through enforcement — the Manitoba Small Claims Filing Guide lays out the full process in one structured document.

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