Yukon Small Claims Court Excluded Claims: What the Court Cannot Hear

The Three Statutory Exclusions

Section 2(2) of the Small Claims Court Act draws hard lines around what the court cannot hear, regardless of the dollar amount involved.

Land and real property. Any action where title to land or an interest in real property is in question falls outside the court's jurisdiction. Boundary disputes, fights over property ownership, orders for possession of real estate, and claims involving equitable interests in land must go to the Supreme Court of Yukon.

The distinction matters in practice. If a contractor sues you for $15,000 in unpaid renovation work, that's a monetary claim arising from a contract—the court can hear it. If the same dispute requires the court to decide who owns the property or resolve a mechanics' lien against the title, it can't.

Estates. Actions against personal representatives, executors, or administrators of a deceased person's estate are excluded. Disputes about the validity of bequests or devises under a will also fall outside the court's reach. These belong in the Supreme Court.

Defamation. Libel and slander claims cannot be brought in Small Claims Court. If someone sues you for defamation, the court has no jurisdiction—even if the claimed damages are well under $25,000.

The Residential Tenancies Office Boundary

The Residential Tenancies Office (RTO) handles most landlord-tenant disputes in Yukon under the Residential Tenancies Act. Security deposit returns, rent arrears, maintenance disputes, and breaches of tenancy agreements are generally handled by the RTO.

If a landlord or tenant files a claim in Small Claims Court that may belong before the RTO, you can raise the jurisdiction issue in your Form 02 Reply. Explain why you believe the RTO has jurisdiction over this specific dispute and ask the court to decide whether it belongs there.

There's a grey area: monetary claims that arise after a tenancy ends may reach the Small Claims Court if they're no longer within the RTO's mandate. But the safest approach as a defendant is to check whether the RTO should be handling the matter first. Contact the Residential Tenancies Office at 867-667-5944 in Whitehorse.

How to Raise a Jurisdictional Defence

If you believe the claim against you falls outside the court's jurisdiction—any of the three statutory exclusions or the RTO boundary—you have two options.

In your Form 02 Reply. State the jurisdictional objection clearly in Section 2. Explain why the court lacks jurisdiction: the claim concerns land title, it's against you as an executor, it's defamation, or it belongs before the RTO. Be specific about which exclusion applies.

By Form 08 application. If you want the jurisdictional issue decided before anything else, file a Form 08 Notice of Application with a Form 09 Affidavit asking the court to dismiss or stay the proceeding for want of jurisdiction. This can be resolved at a hearing before the pre-trial conference is even scheduled.

Don't ignore the claim just because you think the court lacks jurisdiction. Failing to respond still exposes you to a default judgment. File your reply with the jurisdictional objection, and let the court decide.

The Over-$25,000 Boundary

The $25,000 monetary limit is a jurisdictional cap, not a hard exclusion. If the plaintiff's claim exceeds $25,000 in principal, they can abandon the excess to stay in Small Claims Court. If they don't, the case may need to be transferred to the Supreme Court of Yukon.

As a defendant, if you believe the plaintiff's claim actually exceeds $25,000 and they haven't properly abandoned the excess, you can raise this as a jurisdictional issue in your reply or through a Form 08 application.

The Responding to a Small Claim in Yukon guide covers jurisdictional defences alongside the substantive response options, with guidance on when and how to challenge the court's authority to hear the case.

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