Property Damage Claim in Nunavut Small Claims Court

A delivery truck backed into your storefront. A neighbour's snowmobile hit your fence. Someone's dog destroyed your equipment left outside. When another person's negligence or recklessness damages your property in Nunavut, the Small Claims Court of the Nunavut Court of Justice can award compensation up to $20,000 CAD.

Property damage claims are among the most evidence-intensive cases in small claims. The court needs to see exactly what was damaged, what it cost to repair or replace, and that the defendant caused it.

What Qualifies as a Property Damage Claim

Small Claims Court handles claims for monetary compensation arising from damage to personal property, vehicles, buildings, or equipment. Common scenarios in Nunavut include:

• Vehicle collisions where the at-fault driver's insurance is insufficient or non-existent
• Equipment or building damage caused by a contractor, delivery company, or neighbour
• Snowmobile or ATV damage from collisions or negligent operation
• Fuel tank spills damaging a property
• Damage to goods during shipping or sealift delivery

The $20,000 limit applies to the principal claim, including repair costs and related damages; pre-judgment interest, post-judgment interest, and court costs are excluded. If your actual damages exceed $20,000, you can abandon the excess to stay within the limit — but the abandoned amount is gone permanently.

Evidence Is Everything

Property damage claims are unliquidated — the amount is not fixed by a contract or invoice, so the judge must assess the value. That makes your evidence critical.

Photograph the damage immediately. Take photos from multiple angles before any cleanup or repairs. If possible, photograph the scene showing how the damage occurred (tire tracks, the position of the vehicle, the point of impact).

Get a written repair estimate. In Nunavut's smaller communities, finding a qualified estimator can be difficult. Contact a contractor, mechanic, or supplier and ask for a written estimate on letterhead with an itemized breakdown. If you are in a fly-in community, phone and email estimates are common — just make sure they are in writing.

If you already repaired the damage, keep the receipts and invoices. The repair cost is your primary evidence of loss. Before-and-after photographs strengthen the claim.

Collect witness statements. If anyone saw the incident, ask them to write down what they observed, sign and date the statement, and be prepared to attend the hearing. You can issue a Subpoena to Witness (Form 7) through the Civil Registry if a witness is reluctant — serve it at least five days before the trial date.

Filing the Claim

A demand letter is standard practice, not an absolute condition for filing. Give the person responsible 14 days to pay for the repairs, then file your Notice of Claim with the Civil Registry ($75 fee). You can file in person, by mail, or by emailing a PDF to [email protected] with phone payment.

Name the defendant carefully. If a delivery company's truck caused the damage, you may name both the corporation and the individual driver as co-defendants. Order a Corporate Profile Report through Legal Registries ($30–$40) to confirm the corporation's exact legal name.

Attach your photographs, repair estimates, the demand letter with delivery receipt, and any witness statements.

The Assessment Hearing

If the defendant does not file a Reply within 30 days, you can apply for default judgment — but because property damage is an unliquidated claim, the court sets an assessment hearing where you present your repair estimates to a judge who determines the amount. This is different from a liquidated debt (like an unpaid invoice), where the Registrar can enter judgment without a hearing.

If the defendant disputes the claim, the case goes through mandatory mediation and then to trial if mediation fails. At trial, bring your complete evidence binder: photographs, estimates, receipts, witness contact information, and a written timeline of what happened.

Calculating Your Claim

Include the full cost of repairs or replacement, any related expenses (temporary replacement equipment, additional shipping costs for replacement parts), and any pre-judgment interest you can support under the contract or Judicature Act. The judge may also award court costs and the filing fee to the successful party.

The Making a Small Claim in Nunavut guide includes an evidence index worksheet and costs calculator to help you organize everything before filing.

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