Nunavut Small Claims Court Rules: Key Procedures for Respondents

The Small Claims Rules of the Nunavut Court of Justice (R.Nu. R-023-2007, amended R-015-2018) are the procedural backbone of every small claims case. You don't need to read the full regulations to defend yourself, but knowing the rules that directly affect respondents can prevent costly mistakes.

Rule 9.1: How the Claim Must Be Served on You

The Notice of Claim — the document that starts the case — must be served on you by the Sheriff's Department or its authorized delegate. This is the required method for the initiating document; respondent documents are served by personal delivery or registered mail.

Why this matters: if the claimant served you themselves (dropped papers at your door, handed them to a family member without going through the Sheriff), the service may be improper. You should still file a Reply within 30 days to protect yourself, but you can raise improper service as a defence in Part B of Form 2.

Check the Certificate of Service that came with your papers. It should show the Sheriff's involvement — the date, method, and who physically delivered the documents.

Rule 12.1: The Default Judgment Trigger

After the 30-day response window closes without a Reply on file, Rule 12.1 allows the claimant to submit a written direction requesting default judgment. The registry then notes you in default, and for fixed-sum claims, the Clerk enters judgment and issues a Certificate of Judgment (Form 11B).

Once noted in default, you lose the right to receive notice of subsequent steps. The claimant can move to enforce the judgment — garnishment, seizure — without telling you.

The only way to reverse a default is a Notice of Motion (Form 9) with a sworn affidavit, meeting the two-part test of reasonable excuse and arguable defence.

Mandatory Mediation

After all replies are filed, every small claims case moves to mandatory mediation before it can proceed to trial. A mediator (or judge acting as mediator) works with both parties to find a resolution.

Two rules to know: attendance is mandatory (missing mediation without good cause can result in your defence being struck), and everything said in mediation is confidential. If mediation fails and the case goes to trial, neither side can use statements made during mediation as evidence.

Form 8A: Offers to Settle and Cost Consequences

At any point before the judge delivers a final decision, either party can serve a formal Offer to Settle (Form 8A). This creates a cost incentive to settle reasonably.

If you reject the claimant's Form 8A offer and the judge's eventual decision is equal to or less favourable to you than what was offered, the court can order penalty costs against you. The same works in reverse — if you make a Form 8A offer that the claimant rejects and the judgment is no better for them, they pay costs.

Form 8A stays open until the date specified on it or until formally withdrawn.

The General Civil Rules Backstop

When the Small Claims Rules don't cover a specific procedural situation, the general Rules of the Nunavut Court of Justice (C.R.Nu. R-010-96) fill the gap. This comes up most often with:

• Applications to transfer from small claims to the general civil list for complex matters
• Procedural motions not specifically addressed by the small claims rules
• Service on parties outside Nunavut

You don't need to study the general rules, but knowing they exist explains why you'll sometimes see references to procedures not mentioned in the Small Claims Rules themselves.

The Practical Takeaway

The rules that matter most for respondents: you have 30 days to file (or Rule 12.1 applies), the Sheriff must have served the original claim (Rule 9.1), mediation is mandatory before trial, and Form 8A offers carry cost consequences. Everything else flows from these core mechanics.

Our Nunavut Small Claims Response Guide maps each of these rules to the specific step in the response process where they apply, with checklists to keep you compliant at each stage.

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