Manitoba Small Claims Court Virtual Hearing: What to Expect

Virtual Hearings Are Now the Default

The Chief Justice's Notice of March 15, 2023 says the first appearance is by teleconference. A contested hearing heard by a Court Officer is virtual by Microsoft Teams unless the Court Officer directs it to be held in person.

This process applies across Manitoba Small Claims Court. The current court-centre and circuit-location list is on the Manitoba Courts small-claims page.

Stage 1: Teleconference First Appearance

Every small claim begins with a teleconference first appearance. When the court issues your stamped Form 76A (Small Claim), the dial-in number and access code are printed directly on the form.

The first appearance is administrative, not evidentiary. The court officer uses it to:

• Confirm the defendant was served within the 30-day window
• Check whether the defendant filed a Defence (Form 76D) within 20 calendar days after service
• Ask whether the parties have discussed settlement
• Set a date for a contested hearing if the claim is disputed

If the defendant did not file a Defence within 20 calendar days after service, the claimant may request that the defendant be noted in default and that a default decision be issued. The claimant must file proof of service and submit evidence with the request. If the defendant does not appear at a contested hearing, the claimant still has to prove the claim.

What to have ready: Your filed Form 76A, your Declaration of Service (Form 76B), and a brief summary of the claim. You will not present detailed evidence at this stage.

Stage 2: Microsoft Teams Contested Hearing

If the claim is disputed, the contested hearing — the actual trial — is conducted via Microsoft Teams. The court office sends Teams meeting credentials to both parties in advance.

At the contested hearing, each party presents their case to the court officer. Manitoba Small Claims Court follows relaxed evidence rules: the court officer can receive any testimony, document, or exhibit they consider relevant and reliable, without the strict procedures of a regular civil trial.

How to prepare for a Teams hearing:

• Test your internet connection and Microsoft Teams well before the hearing date
• Find a quiet, well-lit location — background noise and distractions undermine credibility
• Organize your evidence (contracts, invoices, photos, text messages) in a clear order
• Provide your evidence to the court in hard copy at least 14 days before the contested hearing, and provide the same evidence to the other party. It cannot be emailed to the court.
• Prepare a concise opening statement — court officers appreciate brevity

Witnesses on Virtual Hearings

Voluntary witnesses can join the Teams call using the meeting invitation; forward it to them as soon as possible. A witness who will not attend voluntarily may be subpoenaed. If you intend to pursue a penalty for non-attendance, serve the subpoena personally with attendance money at least 3 days before the hearing and file proof of service. The Small Claims Court cannot enforce a subpoena penalty or warrant, but you may request time at the hearing to pursue those options. If you do not intend to pursue a penalty, other service methods are available and there is no specific service deadline.

The witness then joins the Teams hearing when called.

When In-Person Hearings Happen

A court officer or judge can direct that a hearing occur in person if the circumstances require it — for example, when physical evidence cannot be adequately viewed on screen, or when technology limitations make a virtual hearing impractical.

If you believe your case requires an in-person hearing, raise this at the first appearance or contact the court registry to make a request. The decision is at the court's discretion.

Tips for a Smooth Virtual Hearing

• Dress as you would for court. Business casual signals that you take the proceeding seriously.
• Do not interrupt. Wait for the court officer to direct you to speak.
• Refer to documents by name and page number. Both the court officer and the other party need to find what you are referencing in their own copies.
• Mute when not speaking. Unmute only when it is your turn.

For a full breakdown of every step from filing through enforcement — including how to organize your evidence binder and present your case — the Manitoba Small Claims Filing Guide covers the entire process.

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