Manitoba Small Claims Hearing — What to Expect as a Defendant

Your defence is filed, your evidence is organized, and the hearing date is approaching. If you've never set foot in a Manitoba courtroom, the uncertainty of what actually happens in there can be worse than the dispute itself. Here's the process from arrival to decision, focused on what defendants need to know.

The Two-Stage Model

Manitoba small claims hearings generally follow two stages, though not every case goes through both.

First Appearance. This is a short session — often under an hour — where the Court Officer checks that both sides were properly served, clarifies what's actually in dispute, and explores whether a settlement is possible. If both parties agree, the Court Officer can pause the formal process and mediate right there. Many cases settle at this stage.

If the case can't be resolved, the Court Officer schedules a Contested Hearing on a separate date and gives both sides instructions about evidence deadlines.

Contested Hearing. This is the trial. Both sides present testimony, documents, and witnesses. The Court Officer makes a decision, either on the spot or in a written decision mailed later.

Where and When

Hearings take place at the Court of King's Bench judicial centre where the claim was filed — Winnipeg, Brandon, Dauphin, or one of the other regional locations across Manitoba. Virtual hearings via Microsoft Teams are sometimes available, particularly for parties in rural or northern communities, but must be requested or assigned by the Court Officer.

Arrive 15 to 30 minutes early. Bring your evidence binder, a notepad, and any witnesses. Dress in clean, professional clothing — you don't need a suit, but don't show up in shorts and a tank top. The Court Officer is a court official, and first impressions matter.

How Testimony Works

The claimant presents first. They explain their version of events, reference their documents, and call any witnesses. You have the right to cross-examine — ask questions about inconsistencies or gaps in their story. Keep your questions focused and avoid arguing. The Court Officer will shut down back-and-forth bickering.

Then it's your turn. Present your defence clearly and in chronological order: what was agreed, what actually happened, and why the claimant's version is wrong or the amount is inflated. Reference your evidence by page number so the Court Officer can follow along.

The claimant can cross-examine you and your witnesses after you present.

Both sides give a brief closing summary — two or three sentences restating your position and the key evidence that supports it.

Rules of Evidence Are Relaxed

Manitoba's small claims procedure is explicitly designed to be informal. Under section 8.4(1) of The Court of King's Bench Small Claims Practices Act, a judge or Court Officer may admit evidence they consider relevant even if ordinary evidence rules would exclude it; section 8.4(2) excludes privileged evidence. Text message screenshots, handwritten receipts, and unsigned estimates may be admitted if relevant.

That said, original documents are stronger than copies, complete message threads are stronger than selected excerpts, and live witnesses are stronger than written statements.

Court Officers vs. Judges

Most small claims hearings are conducted by Court Officers — senior court officials who are registrars or deputy registrars, not judges. They're experienced in small claims procedure but may not be lawyers. In narrow circumstances (cases involving certain entities, or where the administration of justice requires it), a Judge of the Court of King's Bench hears the case instead. The process is the same either way; the appeal route differs.

The Decision

The Court Officer may announce the decision at the end of the hearing or reserve it for a written decision mailed to both parties. Either way, the formal result is a Certificate of Decision setting out who owes what, including pre-judgment interest and allowable costs.

If you win, the claim is dismissed. If you lose, the certificate states the amount owed. If both sides have partial merit, the Court Officer can adjust the amount.

After the Decision

If you disagree with the outcome, an appeal from a Court Officer's decision goes to a Judge of the Court of King's Bench via Form 76K, filed within 30 calendar days. Appeals are limited to questions of law or jurisdiction — you can't re-argue the facts.

The Manitoba Small Claims Response Guide walks through hearing preparation step by step, including a cross-examination question planner and a hearing-day checklist.

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