Small Claims Court Without a Lawyer New Brunswick

Hiring a lawyer for a $4,000 dispute makes no financial sense when the legal fees could match or exceed the amount you are trying to recover. The good news: New Brunswick's Small Claims Court was built for self-represented litigants. The majority of people who file claims do so without a lawyer.

Who Can Represent You in Small Claims Court

Section 27 of the General Regulation (NB Reg. 2012-103) sets out exactly who can appear on your behalf at a hearing:

• You, in person — the most common option
• A licensed barrister and solicitor — a fully qualified New Brunswick lawyer
• An articled student-at-law — a law student completing their articles under a supervising lawyer
• An unpaid agent — a friend or family member, but only with the Adjudicator's permission
• A corporate officer or employee — if the party is a corporation
• A partner or employee — if the party is a partnership

Notice what is missing from that list.

Paralegals Cannot Represent You

Unlike Ontario, where licensed paralegals have standing to appear in Small Claims Court, New Brunswick does not permit independent paralegals to represent clients in court for a fee. A paralegal is not on the list of people permitted to appear and speak for a party at the hearing.

If a paralegal or "legal services provider" offers to represent you in New Brunswick Small Claims Court for payment, that crosses a line. Only barristers and solicitors of the Law Society of New Brunswick — or the narrow exceptions listed above — can appear.

What Self-Representation Actually Looks Like

The Small Claims Court operates informally compared to the Court of King's Bench. There are no complex procedural motions, no rules of discovery, and the strict rules of evidence are relaxed. The Adjudicator actively manages the hearing and will often ask clarifying questions to make sure they understand the facts.

Here is the typical sequence at a hearing:

1. The Adjudicator confirms everyone's identity and checks whether the parties have tried to settle
2. You (the claimant) present your case — explain what happened, show your documents, call your witnesses
3. The defendant cross-examines you and your witnesses
4. The defendant presents their side, and you cross-examine
5. Both sides give brief closing remarks
6. The Adjudicator rules, either immediately or in a written decision shortly after

The entire process is designed so a person without legal training can participate meaningfully.

Preparation Is What Matters

Winning without a lawyer comes down to preparation, not courtroom performance. The Adjudicator cares about facts and evidence, not eloquence.

Before filing:

• Check the applicable limitation period: generally, a claim must be commenced within two years from discovery, subject to a 15-year ultimate limit and exceptions
• Confirm the correct legal name of the defendant (corporate search through Service New Brunswick if suing a business)
• Send a formal demand letter giving the other side 10 to 14 business days to respond

Before the hearing:

• Organize your evidence chronologically in a binder with a cover index
• Prepare four complete copies (Adjudicator, yourself, the other side, witness stand)
• Know the exact dollar amount you are claiming and how you calculated it, including pre-judgment interest
• If you need a witness, arrange for them to attend voluntarily or obtain a Summons to Witness from the clerk

At the hearing:

• Speak directly to the Adjudicator, not to the other side
• Stick to facts — dates, amounts, documents — rather than emotions
• When cross-examining the defendant, ask short questions that have factual answers
• Do not interrupt when the other side is speaking

The Cost of Not Having a Lawyer

The real risk of self-representation is not losing because you lack courtroom skills — it is losing because you missed a procedural step. Common mistakes include:

• Filing in the wrong judicial district
• Naming the defendant incorrectly (trade name instead of legal corporate name)
• Failing to serve documents properly, which can delay the case or prevent default judgment until service is proved
• Letting the applicable limitation period expire before filing
• Bringing disorganized evidence that the Adjudicator cannot follow

Every one of these is a preparation problem, not a legal knowledge problem. The New Brunswick small claims filing guide covers each step — from the demand letter to evidence binder to enforcement — specifically for people going through the process without a lawyer.

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