PEI Small Claims Court Rules: What Rule 74 Covers

If you are filing or defending a small claim in Prince Edward Island, Rule 74 is the procedural rulebook. It governs the small-claims process from starting a claim through trial and judgment; post-judgment enforcement proceeds under Rule 20. Understanding the key sections keeps you from making avoidable mistakes.

What Rule 74 Is

Rule 74 is part of the Rules of Civil Procedure for the Supreme Court of Prince Edward Island. It creates a simplified, faster track for claims of $16,000 or less. The legal basis sits in the Judicature Act, R.S.P.E.I. 1988, Cap. J-2.1, specifically Section 15(1), which establishes the Small Claims Section.

PEI does not have a standalone Small Claims Act. Referencing one is a common error — the authority comes from the Judicature Act plus the rules made under it.

Key Rules and What They Mean

Rule 74.01 — sets the monetary jurisdiction at $16,000, excluding interest and costs.

Rule 74.06 — determines where you file. The claim goes to the registry in Charlottetown or Summerside, based on where the dispute arose or where the defendant lives or operates a business.

Rule 74.07(2) — requires you to attach every document your claim is based on to the Statement of Claim. Filing without attachments gets your claim sent back.

Rule 74.07(2) also sets a six-month service window — once the registry stamps your claim, you have six months to serve the defendant.

Rule 74.19 — covers costs. The court has discretion to award costs to the successful party, including filing fees, service charges, and witness expenses.

The Supporting Regulations

Two additional regulations fill in the gaps:

• Fees Regulations (EC2012-446) — set the $50 filing fee, $40 motion fee, sheriff service rates, and witness allowances
• Waiver Regulations (EC2012-447) — allow the Prothonotary to waive court fees for parties who demonstrate financial hardship

The Judicature Act Small Claims Regulations provide additional procedural details not covered directly in Rule 74 itself.

Where to Read the Full Text

The complete Rule 74 text is available on the Courts of Prince Edward Island website as a downloadable booklet. You can also get a printed copy from the registry in Charlottetown or Summerside.

The rules are written in legal language. For a plain-language walkthrough of every step — from checking whether your claim qualifies to enforcing the judgment — the PEI Small Claims Filing Guide translates Rule 74 into a step-by-step process.

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