Missed the 30-Day Deadline in Nunavut Small Claims Court: What Happens and What You Can Do

If you have missed the 30-day deadline to file your Reply in the Nunavut Court of Justice, Small Claims Court, the claimant can file a written direction asking for default judgment. The Registry can then note you in default. For fixed-sum claims, the Clerk can enter default judgment without a hearing; claims requiring damage calculation go to an assessment hearing. But default judgment is not the end of the process. You can apply to set it aside using Form 9 (Notice of Motion). The court will consider your application if you can show two things — a reasonable explanation for why you missed the deadline, and an arguable defence. This is not guaranteed to succeed, but it is a real procedural option and people have used it.

The one thing you should not do is ignore the situation and hope it goes away. A default judgment is enforceable. The claimant can use it to seize assets, garnish wages, or register it against property.

What Happens After You Miss the Deadline

The default process unfolds in a specific sequence:

1. The 30-day window closes. Your right to file a Reply expires.
2. The claimant files a written direction under Rule 12.1, asking for default judgment.
3. The Registry notes you in default. Once noted in default, you lose the right to receive notice of any further steps in the proceeding.
4. For fixed-sum claims (a specific dollar amount like an unpaid invoice), the court clerk enters default judgment and issues a Certificate of Judgment (Form 11B) for the amount claimed plus costs.
5. For claims requiring damage calculation (the amount is disputed or needs to be determined), the clerk schedules an Assessment Hearing before a judge to set the amount.

In Swoboda v. Government of Nunavut, the territorial government's own legal department miscalculated the 30-day deadline by two weeks. The claimant obtained a default judgment for $9,969.79 plus costs. Justice Neil Sharkey refused to set it aside, ruling that an internal miscalculation of a statutory filing deadline is not a valid legal excuse. The case turned entirely on dates and deadlines — the merits of the underlying dispute were never considered.

How to Apply to Set Aside a Default Judgment

The procedure uses Form 9 (Notice of Motion), available on nunavutcourts.ca. Here is the process:

Step 1: Get Form 9

Download Form 9 (Notice of Motion) from the Nunavut Courts website. You also need to prepare a supporting affidavit — a sworn statement setting out the facts.

Step 2: Explain Why You Missed the Deadline

Your motion must include a reasonable explanation for the late filing. The court evaluates this on a case-by-case basis. Explanations that courts have considered:

Step 3: Show You Have a Defence on the Merits

The court will not set aside a default judgment just because you have a good explanation for being late. You also need to demonstrate that you have a real defence to the claim — that if the default is set aside and the case goes to a hearing, you have something substantive to argue. This does not mean you need to prove your defence will succeed, only that it is not frivolous.

In your supporting affidavit, briefly describe:

• The facts of the dispute from your perspective
• Why you believe the amount claimed is wrong, or why you are not liable
• What evidence you have to support your position

Step 4: File and Serve the Motion

File Form 9 and your supporting affidavit with the Civil Registry. Pay the filing fee (C$25 to C$50). Follow the Registry's directions for serving notice of the motion on the claimant. The court schedules a hearing on your motion — this is separate from any hearing on the underlying claim.

Step 5: Attend the Motion Hearing

At the hearing, the judge considers your explanation and your proposed defence. If the judge grants the motion, the default judgment is set aside and the case proceeds as if you had filed your Reply on time. If the judge denies the motion, the default judgment stands.

The Responding to a Small Claim in Nunavut guide includes a step-by-step set-aside checklist that walks through the Form 9 procedure, the affidavit requirements, and the filing and service steps.

What If Default Judgment Has Already Been Entered?

If you have already received a Certificate of Judgment (Form 11B), the set-aside process is the same — Form 9, supporting affidavit, filing fee, service on the claimant. The key difference is urgency: once a Certificate of Judgment is issued, the claimant can begin enforcement proceedings immediately. The longer you wait, the harder it becomes to argue that the delay was reasonable.

Act as soon as you learn of the default judgment. Do not wait to see whether the claimant will enforce it.

What If You Have Not Missed the Deadline Yet?

If your deadline is approaching but has not passed, file your Reply immediately — even an imperfect Reply filed on time is vastly better than a perfect Reply filed one day late. If you need to amend or clarify it later, ask the Registry about the procedure. It cannot undo a default judgment as easily.

Priority order when the deadline is close:

1. Complete Form 2 (Reply) — even a basic dispute stating your key factual points
2. Email it to the Civil Registry immediately (after 4:00 PM Eastern it is treated as received the next business day; filing is complete only when the Registry accepts, stamps, and returns a confirmed copy)
3. Send the paper original by registered mail the same day
4. Call the Registry at 1-866-286-0546 to confirm receipt

Who This Is For

• Anyone who has missed the 30-day filing deadline in Nunavut Small Claims Court
• Defendants who just learned a default judgment has been entered against them
• People whose deadline is imminent and who are deciding between a rushed Reply and missing the deadline
• Self-represented defendants who need to understand the Form 9 set-aside process

Who This Is NOT For

• Defendants whose 30-day deadline is still weeks away — file your Reply on time instead of planning for a set-aside
• People sued by lenders, debt buyers, or collection agencies — contact the Legal Services Board at 1-833-913-1696
• Anyone looking for a guarantee that a default judgment will be reversed — the decision is always at the judge's discretion

Tradeoffs: Set-Aside Motion vs Accepting the Judgment

Applying to set aside costs a filing fee, requires a supporting affidavit, and takes time. There is no guarantee the judge will grant it. But if you have a legitimate defence and a reasonable explanation, it gives you a second chance to have the case heard on its merits.

Accepting the default judgment means the full amount is enforceable against you immediately. If you genuinely owe the money and do not dispute the amount, this may be the practical choice — you can negotiate a payment arrangement with the claimant directly, and avoiding the motion saves the filing fee and court time.

The question is whether you have a real defence. If you do, the cost and effort of a Form 9 motion is small compared to paying a judgment that might have been reduced or dismissed at a hearing.

Frequently Asked Questions

Is there a time limit for applying to set aside a default judgment?

File a Form 9 motion within 30 days of learning of a default judgment. Apply as soon as you learn of the default, and confirm the filing procedure with the Registry.

Can I file my original Reply after the deadline instead of using Form 9?

A late Reply by itself does not set aside a noting in default or a default judgment. To seek that relief, file a Form 9 motion supported by a sworn affidavit.

What if I was never properly served?

If you did not receive the Notice of Claim or believe service was defective, raise the service issue in your Form 9 motion. Contact the Registry to confirm what proof of service is on file.

How much does the response guide cost?

The Responding to a Small Claim in Nunavut guide is $24. It covers the full response process including the set-aside default judgment procedure, with a dedicated checklist for the Form 9 motion. Full refund, no time limit — email [email protected] if it does not help.

Can I get legal aid help with a set-aside motion?

Call the Legal Services Board Civil Line at 1-833-913-1696. Legal aid approval depends on your income eligibility and the nature of the claim. Even if they cannot represent you, they may provide information about the process.

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