Representing Yourself in Nova Scotia Small Claims Court

Nova Scotia Small Claims Court is specifically designed for people without lawyers. The process is simplified, the rules of evidence are relaxed, and the adjudicator expects most people in the room to be representing themselves. You are not at a disadvantage — this is the norm.

The Court Is Built for Self-Representation

Unlike the Supreme Court of Nova Scotia, where formal pleadings, discoveries, and procedural motions dominate, Small Claims Court runs on a streamlined model. There are no complex pre-trial procedures, no requirement to cite case law, and no formal rules of evidence. The adjudicator — a practising lawyer appointed by the province — guides the hearing and asks questions to fill in gaps.

Even more notably, the court does not award legal fees. Even if the other side shows up with a lawyer, they cannot recover their legal costs from you if they win. This means the other side's lawyer fees are not recoverable as representation costs, though the adjudicator may award allowable court costs such as filing, service, and witness expenses.

What the Adjudicator Expects From You

The adjudicator wants three things:

1. A clear, chronological story. Start at the beginning — when the contract was signed, when the work started, when the problem appeared, when you tried to resolve it. Stick to facts, not emotions.

2. Documents that back up your story. Contracts, invoices, receipts, text messages, emails, photos, repair estimates. Bring three copies of everything: one for you, one for the adjudicator, and one for the other party. Organize them in a binder with numbered tabs or dividers.

3. A specific dollar figure with a breakdown. Know exactly what you are claiming and how you calculated it. "$8,200 for the deposit, plus $1,450 for the replacement contractor's quote, plus $99.70 for the filing fee" is far more persuasive than "about ten thousand dollars."

How a Hearing Runs

A typical hearing takes 30 minutes to 2 hours, depending on complexity. The general flow:

• The adjudicator introduces the case and explains the process
• The claimant presents their case first — telling their story, presenting documents, and calling any witnesses
• The defendant (or their representative) can ask the claimant questions
• The defendant presents their side, with the same process
• The claimant can ask the defendant questions
• Both sides make closing statements
• The adjudicator may issue a decision immediately or reserve it and mail the order later

You speak directly to the adjudicator, not to the other party. Address them as "Adjudicator" or "Sir/Madam." You do not need to stand when speaking unless asked.

Practical Tips

Prepare a script, but do not read it word for word. Write out the key points you need to cover and the order you want to present them. Use it as a reference, not a teleprompter. Adjudicators can tell when someone is reading a prepared speech, and it sounds less credible than someone speaking from knowledge of their own situation.

Arrive early. Get to the courthouse 15 to 20 minutes before your scheduled time. Find the hearing room, check in with the clerk, and settle in. Cases sometimes run ahead of schedule.

Dress respectfully. Business casual is fine. You do not need a suit, but avoid shorts, flip-flops, or clothing with offensive graphics. The impression you make matters.

Stay calm when the other side speaks. You will get your chance to respond. Interrupting or reacting visibly to the other party's statements undermines your credibility with the adjudicator. Take notes instead.

Do not argue with the adjudicator. If they ask a question, answer it directly. If they challenge a point, provide your evidence. They are trying to get to the truth, not attack you.

When You Might Want Help

While most people handle Small Claims Court themselves, consider getting advice (not representation) before the hearing if:

• The other side has filed a large counterclaim and you are unsure of your legal position
• The dispute involves a complex contract with unusual terms
• You are not confident about the limitation period or jurisdiction

The Legal Information Society of Nova Scotia (LISNS) offers free legal information to help you understand your situation. Nova Scotia Legal Aid does not cover routine small claims cases, but Dalhousie Legal Aid Service may assist low-income individuals in limited circumstances.

Bringing a Representative

You can bring a friend, family member, or agent to speak on your behalf at the hearing. Corporations must appear through a director, officer, or authorized employee. If you want a lawyer to represent you, they can attend — but remember, their fees are not recoverable regardless of the outcome.

For a structured hearing preparation system with a witness question planner, evidence binder index, and deadline calendar, see the Nova Scotia Small Claims Filing Guide.

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