Nunavut Small Claims Court Time Limit: Limitation Periods Explained

Wait too long to file your claim and the court will not hear it — no matter how strong your case. Nunavut's Limitation of Actions Act (C.S.Nu., c. L-110) sets strict deadlines, and they run whether or not you are actively trying to settle the dispute.

The General Rule: Three Years After Discovery, With a Ten-Year Limit

For claims covered by the general rule added in the 2023 amendments to Nunavut's Limitation of Actions Act, the limitation period is three years after discovery, and no more than ten years after the cause of action arose. Discovery depends on when you knew or ought to have known of the loss, its apparent cause, who appeared responsible, and that a proceeding was an appropriate remedy. You are presumed to have known these matters when the act or omission occurred unless the contrary is proved. Other claim-specific rules may apply.

The amendments include transitional rules. A cause of action that both arose and was discovered before the amendments came into force remains governed by the former law. The amended law applies to a cause that arose earlier but had not been discovered, if the former limitation period had not already expired.

The Three-Year Exception: Acknowledged Debts

Under section 6 as amended in 2023, an action to recover a debt may be brought within three years after the debtor or their agent signs a written promise to pay or written acknowledgment of the debt, or makes a part payment on the debt.

Keep the signed promise or acknowledgment and records of any part payment. These events can affect the deadline for an action to recover the debt.

Ten Years for Judgments

An action on a judgment or order for payment of money must be brought within ten years after the cause of action on the judgment or order arose. After that, an action may be time-barred under the Limitation of Actions Act.

What Does Not Stop or Extend the Clock

A common misconception: sending a demand letter, negotiating by email, or verbally asking the person to pay does not pause or extend the limitation period. The clock keeps running through negotiations.

This means that if you are close to the applicable limitation deadline and spend months negotiating a payment plan that falls apart, you may have less time left to file. If you are near the deadline, file your Notice of Claim first and negotiate after. You can always withdraw the claim if a settlement comes together.

When the Deadline Falls on a Weekend or Holiday

If the last day of a limitation period falls on a Saturday, Sunday, or statutory territorial holiday, the deadline automatically extends to the next business day. But do not rely on this — file well before the deadline to account for postal delays and Registry processing time.

The Critical Date Is the Issue Date

Your claim is filed when the Civil Registry accepts, stamps, and seals it — not when you draft the document, not when you email it, not when it arrives in the mail. If you send your Notice of Claim by mail on the last day of the limitation period and the Registry does not process it until the following week, you may be out of time.

For claims near the deadline:

• File in person at the Nunavut Justice Centre in Iqaluit if possible
• If filing by email (PDF to [email protected]), call the Registry immediately at (867) 975-6100 or toll-free 1-866-286-0546 to confirm receipt and pay the $75 fee

Practical Implications

Do not wait. Evidence gets stale, witnesses move away, and memories fade. A contractor who took your deposit three years ago is harder to locate — and harder to collect from — than one you pursue within six months.

Keep written records. Save any signed written promise or acknowledgment of the debt and records of part payments. They may affect the three-year debt limitation period.

Excess-claim abandonment does not extend time. If your damages exceed $20,000 and you abandon the excess to file in small claims court, the limitation period still runs from the original cause of action — not from the date you decided to abandon.

The Making a Small Claim in Nunavut guide includes a deadline calendar that helps you calculate your specific limitation period based on the date of the breach and any acknowledgment events.

See more Nunavut guides →