Maximum amount of claim
The maximum amount of a claim in the Small Claims Division is $15,000, before any interest is calculated.
Division of claim
You cannot divide a debt or claim into separate claims of $15,000 or less.
However, provided the amount claimed does not exceed $15,000, you can pursue a debt resulting from a contract providing for repayment by instalments or the sequential performance of obligations, such as:
- a lease (other than a residential lease);
- an employment contract;
- a disability insurance contract;
- another similar contract.
Reduction of claim
If you wish, you can reduce the amount of your claim to allow it to be heard by the Small Claims Division. You must mention in your application that your claim has been reduced.
You can also claim interest on the amount of your claim.
The interest is generally calculated at the rate set in the contract between the parties. If no rate is indicated, you can claim interest at the legal rate of 5%, plus the additional indemnity provided for by law.
The starting date for the calculation of interest can be:
- the date indicated in the contract;
- the date on which the formal notice was received;
- the date on which the plaintiff’s claim was received.
The addition of interest, the indemnity and any other applicable charges does not invalidate the claim, even if the total amount awarded exceeds $15,000.