New Brunswick Small Claims Court Limitation Period

The Two-Year Rule

Under Section 5(1)(a) of New Brunswick's Limitation of Actions Act, you have two years from the date you discovered your claim to file in Small Claims Court. Discovery doesn't mean when the loss happened — it means when you knew, or should reasonably have known, three things:

1. That injury, loss, or damage occurred
2. That it was caused by an act or omission
3. That the act or omission was the defendant's

For most straightforward claims — an unpaid invoice, a contractor who took a deposit and disappeared, a product that arrived broken — the discovery date and the event date are the same. You knew right away that something went wrong and who was responsible.

Where discovery matters is with hidden defects or delayed harm. A renovation that looks fine but develops structural problems six months later, or a billing error you only discovered when you audited your records — in those cases, the two-year clock starts from when you found the problem, not from when it was caused.

The 15-Year Absolute Cap

For claims governed by the general rule, Section 5(1)(b) imposes an ultimate limitation of 15 years from the date the act or omission occurred. For claims to which that rule applies, this is a backstop even if discovery is delayed.

For practical purposes, most small claims disputes involve recent events where the two-year limit is the relevant one. The 15-year cap comes into play with slow-developing problems where the claimant genuinely couldn't have known sooner.

Special Rules for Specific Claims

Demand loans. Under Section 11, the two-year clock starts from the date of default after you formally demand repayment — not from when the loan was made. But there's still a 15-year ultimate limit from the date you first had the right to demand repayment.

Enforcing court judgments. Under Section 8, you have 15 years from the date a judgment was entered to bring enforcement proceedings. This applies to collecting on an existing judgment, not to filing the original claim.

What Stops the Clock

Filing Form 1 (Claim) with the Small Claims Court clerk commences your proceeding. The Limitation of Actions Act also provides that a qualifying written acknowledgment or part payment before the period expires restarts it, and that certain periods are suspended while a claimant is a minor or incapable of bringing the claim.

These actions do not stop or pause the clock:

• Sending a demand letter
• Settlement discussions alone
• Calling the courthouse to ask questions
• Consulting a lawyer
• Filing a complaint with a regulatory body
• Starting mediation alone

This catches people off guard. You might spend three months trying to resolve a dispute through letters and phone calls, assuming the clock pauses during negotiations. It doesn't. If your two-year deadline is approaching, file first and continue negotiating after — you can always withdraw the claim (Form 5A) if you reach a settlement.

When the Limitation Period Expires

If the two-year (or applicable) limitation period runs out before you file, the defendant may raise the limitation defence in their Response (Form 2). Section 22 provides a narrow exception: if the defendant's actions or assurances before expiry caused you reasonably to believe the claim would be resolved by agreement and you delayed filing, you may bring the claim within six months after you first know or ought reasonably to know that belief was unfounded.

One exception: if the defendant doesn't raise the limitation defence in their Response, they may lose the right to rely on it. But you shouldn't count on this — most defendants or their advisors will catch it.

Practical Advice

Calculate your deadline and work backwards. If the dispute started on March 1, 2025, your filing deadline is March 1, 2027. Give yourself at least two to three months of buffer to send a demand letter, organize your documents, and file the claim. If the deadline is imminent, skip the demand letter and file immediately.

Our Making a Small Claim in New Brunswick guide includes a deadline calendar worksheet that maps your limitation date against every procedural step, so you never miss a filing window.

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