Transferring a Small Claim to the Court of King's Bench in New Brunswick

Not every case that starts in New Brunswick Small Claims Court stays there. If the dispute involves more money than the court can award, or raises legal issues that are too complex for summary proceedings, either party can apply to move the case to the Court of King's Bench.

When Transfer Makes Sense

The Small Claims Court of New Brunswick handles claims up to $20,000. If you are a defendant with a counterclaim that exceeds $20,000, you face a choice:

Option 1 — Abandon the excess. You can forfeit everything over $20,000 by completing Section 3 of Form 2. That abandonment is permanent — you cannot recover the forfeited amount in Small Claims Court or any other forum.

Option 2 — Apply to transfer. If you do not want to forfeit damages, you file a Form 22 (Application to Transfer Small Claim to the Court of King's Bench) under Section 65 of the Regulation. This moves the entire proceeding — the original claim and your counterclaim — to the higher court.

Transfer is also available when the case involves legal complexity that the summary small claims process is not equipped to handle. The Court of King's Bench operates with formal discovery, detailed rules of evidence, and broader procedural tools.

The Trade-Offs

The Court of King's Bench is not small claims with a higher limit. It is a full superior court with all the costs and formality that implies:

• Legal representation becomes practical — the rules are complex enough that most parties hire a lawyer
• Costs are higher — filing fees, potential discovery costs, and the risk of a substantial costs award if you lose
• Timeline is longer — small claims hearings are typically scheduled within months; King's Bench matters can take years
• Costs follow the Court of King's Bench process — do not assume the Small Claims Court's 15% legal-expense limit applies after a transfer

If your counterclaim is $22,000 and you would lose $2,000 by staying in Small Claims Court, the cost of litigating in King's Bench may exceed what you are trying to preserve. Run the math before filing Form 22.

How to File

Form 22 is filed with the court clerk in the judicial district where the small claims action is pending. Serve it on all other parties. The court decides whether the transfer is warranted based on the monetary value and complexity of the issues.

If the transfer is granted, the case continues in the Court of King's Bench under that court's rules of procedure. If denied, the case stays in Small Claims Court and you proceed with the $20,000 cap.

Our New Brunswick small claims response guide covers the transfer option alongside the other response routes, helping you compare the costs and benefits before making a decision.

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