Small Claims

Once you have completed the Small Claim form, you are ready to file it with the court. See and Small Claims Filing and Hearing Locations .

How do I complete a Small Claim form for a motor vehicle accident?

Once you have completed the Small Claim form, you are ready to file it with the court. See Filing Fees and Small Claims Filing and Hearing Locations .

For information regarding delivering the claim form to the defendant(s), see Serving Documents .

NOTE: If you are making a claim about whether you are at fault for a car accident, you must deliver a copy of the claim in person or by registered mail to the Manitoba Public Insurance Corporation either at the MPI Legal Department (8 th floor – 234 Donald Street, P.O. Box 6300, Winnipeg, MB, R3C 4A4) or to an MPI Service Centre in Manitoba.

For a listing of MPI Service Centres in Manitoba, visit https://www.mpi.mb.ca/Pages/StoreLocator.aspx.

How do I file a Defence?

For information regarding delivering the Defence to the claimant(s), see Serving Documents .

How do I file a Defence and Counterclaim?

Once you have filed the Defence and Counterclaim, immediately serve the Defence and Counterclaim on each claimant.

How do I serve (deliver) documents on the other party?

Serving a Small Claim

NOTE: If the defendant is a corporation, deliver a copy of the claim to a director or officer of the corporation. If you are sending the claim by registered mail, send it to the attention of a named director or officer, i.e., 234567 Manitoba Ltd., Attention: John Doe, Director.

Once all parties have been served, file with the court a Declaration of Service (Form 76B) for each party that was served.

Unable to serve? If several attempts have been made to serve a defendant both personally and by registered mail and have not been successful, see Obtaining an Order for Substitutional Service .

If you think you can serve the defendant(s) but need more time, you can contact the court office in advance of the hearing date to request an Order Extending Time for Service (Form 76C). It is also possible to request more time when you appear at the hearing.

Serving a Defence

NOTE: If the claimant is a corporation, deliver a copy of the Defence to a director or officer of the corporation. If you are sending the Defence by registered mail, send it to the attention of a named director or officer, i.e., 234567 Manitoba Ltd., Attention: John Doe, Director.

Once all parties have been served, file with the court a Declaration of Service ( Form 76B ) for each party that was served. If delivered by registered mail, a registered mail receipt, tracking number, and proof of delivery from Canada Post is required. Proof of delivery can be obtained at www.canadapost.ca or 1-888-550-6333.

Unable to serve? If you have made several attempts to serve a claimant both personally and by registered mail and have not been successful, see Obtaining an Order for Substitutional Service .

If you think you can serve the claimant(s) but need more time, you can contact the court office in advance of your hearing date to request an Order Extending Time for Service ( Form 76C ).

Serving a Defence and Counterclaim

Serving an Application to Set Aside the Decision

Serving a Third Party Order

Serving an Application for Leave to Appeal and Notice of Appeal

Serving a Subpoena

If you intend to pursue a penalty against a Manitoba witness who does not attend:

The Small Claims Court cannot enforce a Subpoena (penalty or warrant) but you may request time to pursue these options on the hearing date. This type of Subpoena must be served at least 3 days prior to the hearing date.

If you do not intend to pursue penalty for non-appearance:

Regardless of whether or not a Subpoena must be served, you should consider that the witness will need to make arrangements to attend on the hearing date and serve the document as soon as possible.

NOTE: A Subpoena is not required for every witness, see Evidence and Witnesses for more information.

How do I note the Defendant in Default?

What if default was noted against me?

What if a Certificate of Decision on Default was issued against me?