Nunavut Small Claims Court Hearing: How to Prepare and What to Expect

Mediation did not resolve your dispute, and now the court has set a trial date. For most people, this is the most nerve-wracking part of a Nunavut small claims case. The good news: small claims hearings are far less formal than regular civil trials, and the judge actively helps both sides tell their story.

Before the Hearing: Evidence Deadlines

At the first mediation, each party must bring and provide copies of all relevant documents and reports, including anything intended for trial, any expert report, and an initial list of potential witnesses. A document is admissible at trial only if it was brought to mediation, unless the Court orders otherwise. An expert report or testimony from an expert witness is not admissible unless the Court orders otherwise.

Organizing Your Evidence

Bring three copies of everything to the hearing: one for the judge, one for the other party, and one for yourself. Organize documents in chronological order and label each one with an exhibit number (Exhibit 1, Exhibit 2, and so on).

Strong evidence packages typically include:

• The signed contract or written agreement
• Invoices and receipts
• Bank statements or payment records showing money transferred
• Photographs (timestamped if possible — phone photos carry metadata)
• Text messages and email chains (printed, with dates visible)
• Repair estimates or professional appraisals
• Your demand letter and proof it was delivered

Do not assume a written statement will be admitted: a document is admissible at trial only if it was brought to mediation, unless the Court orders otherwise. If someone's account matters, arrange for their testimony under the Rules.

Getting Witnesses to Court

If a witness agrees to attend voluntarily, confirm the date and time in writing. To require a witness to attend, complete and file a Notice to Appear as a Witness (Form 10) and arrange service under Rule 9.2. The Small Claims Court guide says to serve it at least five days before the hearing. If the witness lives outside the community where trial will be held, arrange for testimony by telephone or videoconference, or pay transportation and accommodation costs.

Witness travel costs can be significant in Nunavut. A witness in Cambridge Bay attending a hearing in Iqaluit needs a round-trip flight, a hotel, and meals. Weigh whether the testimony is essential enough to justify the expense.

Where Hearings Happen

Small claims hearings in Nunavut take place at:

• The Iqaluit Courthouse — the main location, at the Nunavut Justice Centre (Building #510)
• Regional circuit court facilities — the NCJ travels to communities across the Qikiqtaaluk, Kivalliq, and Kitikmeot regions on a regular schedule
• Teleconference or videoconference — the court can authorize remote appearances, which helps when parties or witnesses are in different communities

If you need to attend remotely, request it through the Civil Registry well in advance. The same applies for an interpreter — proceedings can be conducted in Inuktut (Inuktitut or Inuinnaqtun), English, or French.

What Happens During the Trial

Small claims trials follow a structured but relatively informal sequence:

1. Check-in. Arrive early. Find the right courtroom and confirm your case is on the list.

2. Opening statements. Each side gives a brief overview of their position. The claimant goes first. Keep it short — you will have time to present details through testimony.

3. Claimant's case. You testify under oath about what happened, referring to your exhibits. The judge may ask questions to clarify facts or fill in gaps. The defendant (or their representative) can cross-examine you.

4. Defendant's case. The defendant presents their version, with their evidence and witnesses. You can cross-examine them.

5. Closing arguments. Each side summarizes why the evidence supports their position. Again, keep it focused — the judge has been listening.

The judge controls the trial under Rule 16.2 and may ask questions to clarify the evidence. Documents and expert evidence remain subject to the limits in Rules 15.4 and 15.5. Small claims trials are designed for self-represented litigants, so the judge will often steer things to make sure both sides get a fair hearing.

Tips for the Hearing Day

Dress respectfully. You do not need a suit, but avoid casual clothing. The point is to show you take the process seriously.

Speak to the judge, not the other party. Direct your statements and answers to the bench. If you disagree with something the other side says, wait for your turn — interrupting hurts your credibility.

Stick to facts. The judge cares about what happened, when, and what documents prove it. Emotional appeals or character attacks work against you.

Bring originals. Even though you file copies, having the original contract, invoice, or photograph lets the judge verify authenticity if challenged.

After the Hearing

The judge may issue a decision immediately from the bench or reserve judgment and deliver a written decision later. After the judge makes a decision and gives reasons, the Clerk prepares and serves a Certificate of Judgment (Form 11A).

The court does not collect the money for you — if the debtor does not pay voluntarily, you pursue enforcement through the Sheriff's Office.

Court proceedings are recorded via audio. Written transcripts are no longer provided by the Registry, but you can request the audio file if you need a record for an appeal.

The Making a Small Claim in Nunavut guide includes an evidence index worksheet to help you organize exhibits, track disclosure deadlines, and prepare a hearing-day checklist.

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