Nova Scotia Small Claims Court Forms: Key Forms and How to Get Them
The Forms You'll Need
Nova Scotia Small Claims Court uses prescribed forms for every stage of a case. Here are the main forms used in common small-claims proceedings:
Standard Claim Forms
| Form | Name | What It Does |
|---|---|---|
| Form 1 | Notice of Claim | Starts your case — the originating document filed by the claimant |
| Form 2 | Defence / Counterclaim | Filed by the defendant to dispute the claim or assert their own counterclaim |
| Form 3 | Subpoena | Compels a witness to attend the hearing and bring documents |
| Form 4 | Notice of Election to Transfer | Moves an eligible case from Supreme Court down to Small Claims |
| Form 5 | Notice of Adjudication | Issued by the clerk to set the hearing date after a transfer |
| Form 14 | Application for Waiver of Fee | Requests a filing fee waiver based on low household income |
Residential Tenancy Appeal Forms
| Form | Name | What It Does |
|---|---|---|
| Form A | Notice of Appeal | Appeals a Residential Tenancy Director's Order to Small Claims Court |
| Form B | Order for Sheriff to Deliver Possession | Sheriff execution order in tenancy possession matters |
| Form C | Fee Waiver Application | Fee waiver specific to tenancy appeal proceedings |
Taxation of Costs Forms
| Form | Name | What It Does |
|---|---|---|
| Form 1 (Taxation) | Notice of Taxation | Starts a review of a lawyer's bill or contingency fee agreement |
| Form 2 (Taxation) | Certificate of Taxation | The adjudicator's final decision on the legal cost review |
Where to Get the Forms
Online: The Courts of Nova Scotia website hosts interactive fillable PDFs. You type your information into the form on your computer, then print it. The Legal Information Society of Nova Scotia (LISNS) also provides access to the same forms.
In person: Pick up blank paper copies at any Justice Centre (courthouse) that handles small claims matters.
One thing that catches people off guard: downloading the form and filling it in online does not count as filing. Nova Scotia Small Claims Court has no e-filing system. The interactive PDFs are preparation tools only. You still need to print the completed form and bring it (or mail it) to the courthouse with the applicable filing fee.
The Forms Most Claimants Actually Use
If you're filing a standard monetary claim, you'll work with three forms:
Form 1 (Notice of Claim): This is the one that matters most. It identifies you, the defendant, the amount claimed, and the factual basis for your claim. Getting the defendant's legal name right is critical — verify it through the Registry of Joint Stock Companies if you're suing a business.
Affidavit of Service: After you serve Form 1 on the defendant, the person who did the serving swears this affidavit confirming the date, time, address, and how they confirmed the recipient's identity. It needs to be sworn before a Commissioner of Oaths, Notary Public, or court staff.
Form 3 (Subpoena): Only needed if a witness won't attend voluntarily. You get it from the court clerk, serve it personally on the witness at least 4 clear days before the hearing, and tender a $5.00 attendance fee plus $0.20 per kilometre for one-way travel.
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Form 14: The Fee Waiver Application
If your household income is below the provincial thresholds, use Form 14 to apply for a filing fee waiver. Submit it at the same time you file your claim. You'll need proof of income — a pay stub, income assistance stub, CRA Notice of Assessment, or (for zero income) a letter from a doctor, clergy member, or social worker.
An approved waiver also covers up to 25 free photocopies, 3 free file searches, and free oath administration for affidavits.
Tips for Completing the Forms
Keep your claim description factual and specific. "On June 3, 2026, I paid John Smith $6,500 for kitchen renovations. No work was performed. Smith has refused to return the deposit despite a demand letter dated July 15, 2026" is better than a long narrative about how frustrated you are.
Include your damages calculation on Form 1: the principal amount, pre-judgment interest (4% per annum default, or your contractual rate), and the filing fee you want recovered.
For step-by-step instructions on completing each form with examples and common mistakes to avoid, the Nova Scotia Small Claims Filing Guide includes a Form 1 walkthrough and preparation worksheets.
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