Nunavut Small Claims Default Judgment: What Happens When the Defendant Doesn't Reply

You filed your Notice of Claim, the Sheriff served it, and 30 days have passed — but the defendant never filed a Reply. In Nunavut, silence has consequences: you can apply for default judgment and potentially win your case without a trial.

The 30-Day Window

After the Sheriff serves your Notice of Claim, the defendant has 30 calendar days to file a Reply (Form 2) with the Civil Registry and serve a copy on you. If that deadline passes with no Reply on record, the defendant is in default.

The 30 days run from the date of service — not the date you filed, and not the date the Sheriff picked up the documents. Check the Sheriff's Return of Service for the exact date.

How to Apply for Default Judgment

Once the response window has expired, request that the Clerk note the defendant in default. For Sheriff service, proof of service is a Certificate of Service (Form 6). The Clerk can enter judgment for a debt or fixed contractual sum, or schedule an assessment hearing if the amount depends on the circumstances.

Liquidated vs. Unliquidated Claims

The type of claim determines how default judgment is entered:

Liquidated claims — where the amount is a fixed, calculable sum based on a contract or invoice (e.g., "$8,500 for unpaid design services per invoice #4412") — can be entered administratively by the Registrar. No hearing is needed. The Registrar reviews your application, confirms service was valid and no Reply was filed, and enters judgment for the amount claimed plus any applicable interest.

Unliquidated claims — where the amount requires assessment (e.g., property damage that needs a repair estimate, or pain and suffering in a negligence case) — are referred to a judge for an assessment hearing. The judge reviews your evidence to determine the appropriate amount before entering judgment. You still need to attend and present your documentation.

What You Receive

For a fixed-sum claim, default judgment produces a Certificate of Judgment (Default) (Form 11B) specifying:

• The principal amount awarded
• Pre-judgment interest (at the contractual rate or the statutory rate under the Judicature Act)
• Post-judgment interest (accrues automatically from the date of the order)
• Any court costs or disbursements

This certificate records the judgment. If the debtor does not pay voluntarily, you use it to pursue collection through the Sheriff's Office — garnishment, seizure of assets, or a Payment Hearing.

Can the Defendant Set Aside a Default Judgment?

Yes. A defendant who has been noted in default can file a Notice of Motion (Form 9) to ask the court to set aside the noting of default or a judgment. To succeed, they must establish:

1. A meritorious defence to the claim
2. A reasonable explanation for the default
3. That the motion was filed as soon as practicable in the circumstances

If the court sets aside the default judgment, the case resets: the defendant files a Reply, and the matter proceeds to mediation and potentially trial. You keep your filing and service costs, but you lose the quick resolution.

Common Pitfalls

Filing too early. If you apply for default before the 30 days have fully elapsed, the application will be rejected. Count carefully from the date of service.

Defective service. If the Sheriff's Return of Service is incomplete or shows a problem (wrong address, wrong person), the defendant has strong grounds to set aside the default. Make sure your proof of service is airtight before applying.

Assuming default means collection. Winning a default judgment puts a court order in your hands, but it does not put money in your bank account. You still need to locate the debtor's assets and pursue enforcement. If the debtor has no income, no bank accounts, and no seizable property, even a default judgment yields nothing.

The Making a Small Claim in Nunavut guide includes a deadline calendar that tracks the 30-day response window and an enforcement checklist for what to do once you have your judgment in hand.

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