Third Party Claims in New Brunswick Small Claims Court

Sometimes the person suing you in New Brunswick Small Claims Court picked the wrong target — or at least an incomplete one. If you believe a third party is wholly or partly responsible for the claimant's loss, the rules let you bring that third party into the case rather than fighting it alone.

What a Third Party Claim Does

A Form 3 (Third Party Claim) is a separate document you file to join a non-party into the existing lawsuit. It tells the court: "If I owe the claimant anything, this third party is the one who should be paying all or part of it."

Common scenarios in New Brunswick small claims:

• A homeowner is sued by a client for renovation defects, but the work was done by a subcontractor
• A business owner is sued over a faulty product, but a manufacturer or supplier provided the defective goods
• A former tenant is sued for property damage, but a co-tenant caused the damage

The third party claim does not replace your Form 2 Response — you still need to file that to defend against the original claim. The Form 3 runs alongside it.

Filing Deadlines and Fees

You must file Form 3 within 30 days of receiving the original Claim. The filing fee is $50, payable to the Minister of Finance. File it with the court clerk in the same judicial district as the main claim.

Once filed, you are responsible for serving the Form 3 on the third party. The third party then has their own deadline to file a Form 4 (Third Party Response) — they pay a $25 filing fee and can dispute, admit, or raise their own defences.

How It Plays Out at the Hearing

When the case goes to a hearing, the hearing officer considers the original claim and the third party claim together. The possible outcomes include:

• The hearing officer dismisses the main claim entirely (you and the third party both win)
• The hearing officer finds the third party liable for all or part of the damages claimed
• The third-party claim is dismissed, and you remain liable on the original claim if the claimant proves it

Third Party Claim vs. Counterclaim

These serve different purposes. A counterclaim is your own claim against the claimant — the person who sued you owes you money from the same transaction. A third party claim brings in someone new who is not yet part of the lawsuit. You can file both if your situation warrants it: a counterclaim within Form 2 against the claimant, and a Form 3 against the third party.

Our New Brunswick small claims response guide covers the full range of response options, including step-by-step instructions for filing a third party claim alongside your defence.

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