Out of Province Small Claims Manitoba

Can You File From Outside Manitoba?

Yes. If the cause of action arose in Manitoba — the contract was performed there, the damage happened there, or the defendant is located there — you can file a small claim in Manitoba's Court of King's Bench even if you live in another province.

The process is the same as for Manitoba residents, with an additional security deposit and practical details around service and attendance to plan for.

The $150 Security for Costs

Out-of-province claimants must deposit $150 as security for costs at the time of filing. This is separate from the filing fee; confirm with the registry how the deposit is held and when it may be returned or applied.

You pay the security on top of the standard filing fee ($75 for claims up to $5,000 or $100 for claims over $5,000). Filing fees are non-refundable; ask the registry how the security deposit is returned or applied.

Filing Without Visiting Manitoba

Manitoba Small Claims Court does not accept electronic filing — everything must be submitted as paper copies. But you do not have to deliver them in person. You can mail the original Form 76A, enough copies for the court and each defendant, and the filing fee (cheque payable to the Minister of Finance) to a Court of King's Bench registry; contact the registry for instructions on providing the security deposit.

Winnipeg's registry at 408 York Avenue handles the highest volume, but you can also file at Brandon, Dauphin, The Pas, Thompson, or another registry listed by Manitoba Courts. The filing is effective on the date the registry receives, validates, and stamps your documents — not the date you mailed them — so factor in postal transit time, especially if you are close to a limitation period deadline.

Serving the Defendant

You still have 30 calendar days from filing to serve the defendant. If the defendant is in Manitoba and you are not, your options are:

• Hire a Manitoba process server to handle personal service ($150–$500 depending on the location and the defendant's cooperativeness)
• Send the documents by registered mail with a signed delivery confirmation, though personal service is more reliable

If the defendant is also outside Manitoba, service rules get more complicated. Service on a defendant in another Canadian province is generally allowed when the cause of action arose in Manitoba, but additional time provisions may apply. Service outside Canada involves international treaties and typically requires legal advice.

Attending the Hearing

Under the March 2023 virtual hearing notice, first appearances are by teleconference and contested hearings use Microsoft Teams unless the court directs an in-person hearing. You can attend remotely when the hearing is scheduled in that format.

You still need to submit your evidence electronically ahead of the hearing and exchange copies with the other side, just as a Manitoba resident would.

Enforcing Across Provincial Lines

If you win and the defendant does not pay, enforcement gets harder when you are out of province. The procedures described here are Manitoba tools. If the defendant's assets are elsewhere, check that province's process for recognizing and enforcing a Manitoba judgment before taking action.

The Making a Small Claim in Manitoba guide covers the out-of-province filing process, including the security deposit, remote service options, and cross-provincial enforcement pathways.

See more Manitoba guides →