Property Damage Small Claims New Brunswick

A neighbour's tree falls on your fence, a contractor damages your driveway, or a minor collision leaves you with a $6,000 repair bill and the other driver will not pay. In New Brunswick, the Small Claims Court handles property damage claims up to $20,000.

Property Damage Claims the Court Can Hear

The Small Claims Court of New Brunswick accepts claims for damages and the recovery of personal property, provided the total stays within the $20,000 ceiling. Common property damage scenarios include:

• A neighbour's tree, water runoff, or construction activity damages your property
• A motor vehicle collision where insurance does not cover your full loss (deductible, uninsured driver, or a claim you chose not to run through insurance)
• A contractor or tradesperson damages your home during a renovation
• A bailment gone wrong — you left property with someone for safekeeping or repair, and it came back damaged or did not come back at all

The $20,000 limit includes pre-judgment interest but excludes court costs. If your damages exceed the limit, you can abandon the excess on Form 1, but the abandoned portion is permanently forfeited.

Why Property Damage Cases Need Strong Evidence

Property damage claims are unliquidated — the dollar amount is not fixed by a contract or an invoice the defendant already agreed to. That means even if the defendant does not respond and you get a default judgment application, the clerk cannot just enter a number. An assessment hearing is scheduled, and you must attend to prove the quantum of your damages.

The evidence that matters:

• Photographs — before-and-after pictures if possible, taken with timestamps. Close-ups of the damage plus wide shots showing the context (property line, position of vehicles, area affected).
• Repair estimates — at least two written quotes from qualified contractors or repair shops. The Adjudicator wants to see that your claimed amount is reasonable, not inflated.
• Expert reports — for complex damage (structural cracks, water infiltration, mould from flooding), a written assessment from an engineer, arborist, or building inspector gives your claim credibility.
• Invoices for completed repairs — if you already had the work done, the actual cost replaces the estimates.
• Insurance correspondence — if your insurer denied the claim or only partially covered it, include the denial letter or settlement statement showing the gap you are suing to recover.

Bring four complete sets of your evidence bundle to the hearing: one for the Adjudicator, one for yourself, one for the other side, and one for the witness stand.

Compelling a Witness to Testify

Property damage cases often turn on eyewitness testimony — a neighbour who saw the tree fall, a repair technician who can explain what caused the damage. If a witness agrees to attend voluntarily, that is simplest. If they refuse, you can compel attendance.

Ask the court clerk to issue a Summons to Witness (Form 12). Serve it by a method permitted under Section 50 of the General Regulation; for an individual witness, this includes personal delivery, prepaid registered mail or courier, or leaving it with an adult occupant at the witness's home and mailing another copy there the same or next day. At the time of service, tender the statutory witness allowance: $35 for a full day, $18 for a half day, plus $0.20 per kilometre for travel. A witness who ignores a properly served summons may face a Warrant to Apprehend (Form 24).

Filing and Service Basics

1. Send a demand letter first — not legally required, but it shows the Adjudicator you tried to resolve the matter. Give the other side 10 to 14 business days to respond.
2. File Form 1 at the courthouse in the judicial district where any defendant resides or where the cause of action arose, in whole or in part. If no defendant resides in New Brunswick, you may file where you live. Filing fee: $50 for claims up to $3,000, $150 for claims above $3,000.
3. Serve the defendant within one year of filing using an authorized method, such as personal delivery, registered mail or courier with signed proof, service on an adult occupant followed by a mailed copy, or Sheriff Services ($75).
4. File proof of service with the court clerk; a Form 20 Affidavit of Service is a common way to document it.

The defendant has 30 days to file a Form 2 Response. If they dispute the claim, a hearing is scheduled.

What the Court Can Award

The Adjudicator can award proven damages within the court's jurisdiction, and may award pre-judgment interest on damages through the date of judgment. Allowable disbursements can include the filing fee, service costs, and witness allowances.

After judgment, if the defendant does not pay, enforcement proceeds through Sheriff Services under the Enforcement of Money Judgments Act ($120 initiation fee).

Your Next Step

Property damage claims require careful documentation and often expert testimony. The New Brunswick small claims filing guide walks you through building your evidence bundle, calculating your claim, and preparing for the assessment hearing.

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