How to File a Small Claim in Nunavut: Step-by-Step Process

You paid a contractor thousands of dollars for work that never happened, or a client skipped out on an invoice — and now you want that money back through the Nunavut Court of Justice. The small claims process can handle disputes up to $20,000 CAD, but the territory's unique geography and court structure mean the steps look different from southern Canada.

What the Nunavut Small Claims Court Covers

The Nunavut Court of Justice operates a Small Claims stream governed by the Small Claims Rules (R-023-2007, amended R-015-2018). Unlike provinces with separate small claims tribunals, Nunavut runs everything through its single unified trial court — the NCJ.

You can file claims for:

• Unpaid invoices or debts
• Breach of contract (contractor deposits, failed services)
• Property damage from negligence
• Return of personal property
• Consumer disputes (defective goods, refused refunds)

The court cannot hear disputes about land title, wills, libel or slander, or actions against judicial officers. Residential tenancy deposit disputes go to the Nunavut Rental Officer under the Residential Tenancies Act — filing them in small claims court wastes your $75 filing fee and gets dismissed.

Step 1: Send a Demand Letter

Before filing, write a formal demand letter to the other party. The Small Claims Rules do not strictly require it, but judges consider whether you tried to settle when deciding cost awards. Your letter should include the parties' full names, the facts of the dispute, an itemized financial breakdown, and a deadline for payment — typically 14 calendar days.

A demand letter does not pause or extend your limitation period. If you are close to the applicable statutory deadline, file your claim first and negotiate after.

Step 2: Verify the Defendant's Legal Name

Getting the legal entity name wrong can make your judgment unenforceable. Individuals are sued by personal name. If someone operates under a trade name (say "Arctic Custom Heating"), you name the person: "Jane Smith operating as Arctic Custom Heating." For corporations, a search through Nunavut Legal Registries has no fee; a third-party Corporate Profile Report costs $30–$40 CAD and confirms the exact registered name, registered office, and directors. Extra-territorial corporations registered in Nunavut must maintain a statutory attorney for service.

Step 3: Complete the Notice of Claim

The Notice of Claim is the form that starts your case. It requires:

• Full names, addresses, phone numbers, and emails for all parties
• A concise factual statement: what happened, when, where, and why the defendant owes you money
• An itemized breakdown of the amount claimed (must be $20,000 or under, excluding interest and costs)
• Copies of supporting documents — invoices, contracts, photos, receipts

Sign the form yourself or have your lawyer sign it.

Step 4: File With the Civil Registry

All filings go through the centralized Civil Registry in Iqaluit. You have three options:

1. In person at the Nunavut Justice Centre (Building #510), 9:30 AM–12:00 PM and 1:00–4:00 PM EST, Monday to Friday
2. By mail to Civil Registry, Nunavut Court of Justice, P.O. Box 297, Iqaluit, NU X0A 0H0
3. By email — send PDFs to [email protected] and call (867) 975-6100 or toll-free 1-866-286-0546 to pay the filing fee by credit card

The filing fee is $75 CAD. If you cannot afford it, you can apply for a fee waiver by submitting an affidavit of your financial situation to the Registrar.

Once accepted, the Registry assigns a civil file number, seals the document, and marks the issue date. That date — not the date you drafted or emailed the form — is what counts for limitation deadlines.

Step 5: Service Through the Sheriff

Here is where Nunavut differs from most provinces: you cannot personally serve your own Notice of Claim. Under Rule 9.1, the initiating claim must be served by the Office of the Sheriff or a Sheriff's delegate. The Registry forwards your sealed claim to the Sheriff's Office, which arranges delivery across Nunavut communities.

For defendants in remote fly-in hamlets, the Sheriff coordinates with local deputies. If the defendant is evading service or cannot be found, you can apply to a judge for substituted service — posting the documents on a door, leaving them with a family member, or even sending them by regular mail or electronic message.

Your issued Notice of Claim stays valid for 12 months. If service is not completed within that window, apply for a six-month renewal order.

Step 6: Wait for the Defendant's Reply

The defendant has 30 calendar days from the date of service to file a Reply (Form 2). They can pay the full amount, admit liability and propose a payment plan, dispute the claim, or file a counterclaim.

If no reply arrives within 30 days, you can apply for default judgment.

Step 7: Attend Mediation and Trial

When Replies are filed, the court schedules mandatory mediation unless it exempts the parties. Bring the documents and reports you intend to rely on to mediation. A document not brought to mediation, and expert evidence, is not admissible at trial unless the court orders otherwise.

Small claims trials in Nunavut are less formal than general civil proceedings, but you still testify under oath, present documents, and answer the judge's questions. Hearings happen at the Iqaluit courthouse, regional circuit court facilities, or by teleconference.

What Happens After Judgment

If you win after trial, the Clerk prepares a Certificate of Judgment (Form 11A) setting out the judgment. The court does not collect the money for you — if the debtor does not pay voluntarily, you will need to pursue enforcement through the Sheriff's Office using garnishment, a Writ of Execution, or a Payment Hearing.

If you lose, you have 30 days to apply for permission to appeal to the Nunavut Court of Appeal.

Filing a small claim in Nunavut takes more planning than in urban southern courts, but the process is structured and manageable. The Making a Small Claim in Nunavut guide walks you through every step with fillable worksheets, a deadline calendar, and a service tracking log — so you spend less time figuring out procedure and more time building your case.

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