Nunavut Small Claims Court Defendant Rights and Options

Being named as a defendant in a small claims action doesn't mean you've lost. It means someone has made allegations against you and asked the court to order you to pay — but they still have to prove their case. You have procedural rights throughout the process, and Nunavut's Small Claims Court is specifically designed for people who represent themselves.

Your Right to Respond

You have 30 calendar days from the date of service to file a Reply (Form 2) at the Civil Registry. Filing is free. Within that Reply, you can admit the claim, dispute it, propose a payment plan, or file your own counterclaim. No one can force you to choose a particular option.

If you're a business or corporation served with a claim, the same 30-day deadline applies. Service on a corporation is valid when delivered to a director or officer, at the registered office, or to the person in charge at a place of business. A corporate defendant should designate one person to handle the filing and ensure the company's address for service stays current with the registry.

Self-Representation Is the Norm

Most people in Nunavut Small Claims Court represent themselves. The court operates as a simplified procedural track within the Nunavut Court of Justice, designed to resolve disputes up to $20,000 without requiring a lawyer. You can also hire a lawyer if you want one, or ask the court for permission to have a lay representative or support person assist you.

Private lawyers in Iqaluit charge between $300 and $600 per hour, with initial retainers often exceeding $1,500. For a small claim worth $2,000 or $3,000, legal fees can easily exceed the entire claim amount. Self-representation with proper preparation is the practical choice for most defendants.

Language Rights

Nunavut recognizes Inuktitut, Inuinnaqtun, English, and French as official languages. You can request that proceedings be conducted in your preferred language, and the court provides interpretation upon advance notice. Mark your language preference on Form 2 when you file your Reply.

If your documents or evidence are in Inuktut or French, notify the registry in advance so court translation services can prepare certified translations before the hearing.

What the Court Can and Cannot Order

The Small Claims Court can order money judgments up to $20,000 — the principal amount, plus pre-judgment interest and court costs. It handles disputes over contracts, property damage, unpaid debts, and similar monetary claims.

It cannot handle claims involving title to land, libel or slander, malicious prosecution, or matters under the exclusive jurisdiction of other tribunals (like the Rental Officer for residential tenancy disputes). If someone has sued you over a matter the court doesn't have jurisdiction over, you can raise that as a defence in your Reply.

Your Right to Mandatory Mediation

After all replies are filed, the case moves to mandatory mediation before it can go to trial. Mediation is a chance to resolve the dispute on terms you and the claimant agree to — rather than having a judge decide. Everything said in mediation is confidential and cannot be used as evidence if the case goes to trial.

You must attend mediation. Failing to appear without good cause can result in your defence being struck or a default judgment being entered against you.

Your Right to a Hearing

If mediation doesn't resolve the dispute, you get a hearing before a judge. You can present evidence, call witnesses, cross-examine the claimant's witnesses, and make closing arguments. The claimant bears the burden of proving their case — you don't have to prove your innocence.

For a comprehensive guide to every step from receiving the papers through post-hearing options, our Nunavut Small Claims Response Guide covers the full respondent workflow with checklists for each stage.

See more Nunavut guides →