Claiming Interest in Nunavut Small Claims Court

You won your small claims case — or you are about to file — and you want to know whether you can claim interest on top of the principal amount. In Nunavut, the answer is yes, and there are two distinct types: pre-judgment interest for a period before judgment and post-judgment interest on the unpaid amount after judgment.

Both are excluded from the $20,000 monetary limit, meaning they do not count toward the cap on your claim.

Pre-Judgment Interest

Pre-judgment interest is claimed for a period before judgment. The amount and period depend on the contract and applicable statutory rules.

If your contract specifies an interest rate, you may claim interest at that rate if the clause applies. Many commercial contracts and loan agreements include an interest clause — check the original agreement.

If there is no contractual rate, the Judicature Act (C.S.Nu., c. J-10) provides the statutory rate. State the period you are claiming and show your calculation; the court decides what amount, if any, is allowed under the contract or Act.

Include your interest calculation in the Notice of Claim. Show the principal amount, the daily or annual interest rate, the start date, and the total interest accrued up to the filing date. Update the running calculation at the hearing.

Post-Judgment Interest

Post-judgment interest accrues automatically on the unpaid balance from the date the judgment is entered until the defendant pays in full. You do not need to apply for it separately — it attaches to every monetary judgment by operation of law under the Judicature Act.

This matters when a defendant delays payment. If the court awards you $8,000 on January 15 and the defendant does not pay until July 15, you are owed six months of post-judgment interest on top of the $8,000.

How to Calculate and Present Your Interest Claim

In your Notice of Claim, include a section showing:

1. The principal amount — what the defendant owes you before interest
2. The interest rate — the contractual rate (if one exists) or a reference to the statutory rate under the Judicature Act
3. The period claimed — identify the start date you rely on under the contract or applicable statutory rules
4. The running total — principal plus accrued interest to the date of filing

At the hearing, update the interest calculation to the current date. The court determines the interest amount allowed under the contract or the Judicature Act.

Interest and the $20,000 Limit

Pre-judgment interest, post-judgment interest, and court costs are all excluded from the $20,000 monetary ceiling. This means if your principal claim is exactly $20,000 and the court awards interest, the total judgment will exceed $20,000 — and that is permitted. You do not need to reduce your principal to leave room for interest.

When Interest Matters Most

Interest adds the most value in cases involving long delays: an unpaid invoice from two years ago, a contractor deposit dispute that dragged through months of failed negotiation before you filed, or a defendant who ignores the judgment and forces you into enforcement proceedings.

As a math example, $10,000 at a hypothetical 3% simple annual rate for two years equals $600. Use the contract rate or the applicable statutory rate; 3% is not stated here as Nunavut's current statutory rate.

Include It From the Start

Many claimants forget to claim interest and leave money on the table. The Making a Small Claim in Nunavut guide includes a costs calculator worksheet that covers interest calculations alongside filing fees and disbursements.

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