Nunavut Small Claims: Sued by a Contractor or Over a Car Sale

Most small claims disputes in Nunavut fall into a handful of categories: a contractor says you owe for work, a car sale went sideways, someone claims you breached a contract or damaged their property, or a vendor says you haven't paid an invoice. The procedural steps are the same regardless of the dispute type, but the facts you emphasize in your Reply (Form 2) will differ.

Contractor Disputes

A contractor suing for an unpaid bill is one of the most common small claims scenarios. Your defence depends on the circumstances. If the work was incomplete or defective, document exactly what's wrong: photographs of unfinished or substandard work, any written quotes or scope agreements you had, communications where you raised concerns, and estimates from other contractors for repair costs.

If the contractor did the work properly and you simply couldn't pay on time, consider using Part A of Form 2 to admit the claim and propose a realistic payment schedule. Admitting with a plan avoids the uncertainty of a trial and demonstrates good faith.

If the contractor's work caused damage to your property that exceeded the value of the unpaid bill, you might have grounds for a counterclaim using Form 3. The counterclaim is capped at $20,000 and carries a $75 filing fee.

Car Sale Disputes

Private vehicle sales generate frequent disputes. A buyer might sue because the vehicle had undisclosed mechanical problems. A seller might sue because the buyer's payment bounced or was never made.

If you're the seller being sued, gather your evidence: the bill of sale (especially any "as-is" language), any disclosures you made about the vehicle's condition, text messages or emails about the transaction, and repair records showing the vehicle's state at the time of sale.

If you're the buyer being sued for non-payment, your defence might centre on the vehicle being materially different from what was described. In Nunavut's small communities, many vehicle sales happen informally — but the presence or absence of written agreements affects what each side can prove.

Breach of Contract

Breach of contract claims require the claimant to show that a valid agreement existed, you broke a term of it, and they suffered financial loss as a result. Your defence might be that no enforceable agreement existed, that you performed your obligations, that the claimant breached first, or that their claimed losses are exaggerated.

Written contracts make it easier to document the deal. If the agreement was verbal, save text messages, emails, and details for anyone who witnessed the conversation so you can show what was agreed to.

Property Damage

If someone claims you damaged their property, they need to prove the damage happened, that you caused it, and what it cost to repair or replace. Your defence might challenge any of those elements: the damage was pre-existing, someone else caused it, or the repair costs claimed are inflated.

Photographs can be useful evidence in property damage cases. If you have photos from before and after the alleged damage, they can significantly strengthen your position.

Unpaid Invoices

Businesses sometimes use Small Claims Court to collect unpaid invoices. If you received the goods or services and simply haven't paid, admitting the claim and proposing a payment schedule through Part A may be your best path. If you're disputing the quality, quantity, or the fact that you authorized the purchase, complete Part B with your factual basis.

The Response Process Is Always the Same

Regardless of the dispute type, the mechanics don't change: file Form 2 within 30 days of service, serve the claimant with a copy, prepare for mandatory mediation, and if that doesn't resolve it, prepare for a hearing.

Our Nunavut Small Claims Response Guide walks through the full response process with checklists for each stage, including an evidence organizer for building your case.

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