Nova Scotia's Small Claims Court hears claims up to $25,000, with adjudicators who often sit in the evening and an interactive online claim form (you still print and file a hard copy) — plus a quirk: general damages are capped at $100. This guide covers filing, service, the hearing, and enforcement.
Nova Scotia's Small Claims Court was built around accessibility, and it shows: your case is decided by an adjudicator, often at an evening sitting so you don't have to take time off work, in a process meant to be run without a lawyer. The limit is a healthy $25,000. Here's how recovering an unpaid loan works in Nova Scotia — including one quirk worth knowing.
Nova Scotia's Small Claims Court has a character of its own: cases are heard by adjudicators (not judges), the court frequently sits in the evening for accessibility, and the limit is $25,000. One oddity to know: general damages are capped at $100 — though that almost never affects a simple loan claim.
How Nova Scotia's small claims is different
Two features stand out. First, adjudicators — experienced lawyers appointed to decide these cases — run the hearings, not judges. Second, the court often schedules sittings in the evening, a deliberate accessibility choice so people don't have to miss work to recover a debt. The atmosphere is informal by design.
The $25,000 limit and the $100 quirk
You can claim up to $25,000, excluding interest and costs — ample for most family loans. The unusual detail is a $100 ceiling on "general" (non-economic) damages, included within the overall limit. For an unpaid loan, where you're claiming a specific sum of money owed, this cap is generally irrelevant; it matters more in claims seeking damages for things like inconvenience.
Filing your claim
You start by filing a claim identifying the borrower, the amount, and the facts, supported by your evidence that the money was advanced and was a loan. You can prepare your claim using the court's interactive online form, then print and file it with the Small Claims Court office. The filing fee is $99.70 for claims under $5,000 and $199.35 for claims of $5,000 or more.
The hearing before an adjudicator
At the hearing — quite possibly an evening one — you present your documents and your account to the adjudicator, the borrower responds, and the adjudicator decides. Because the process is informal and self-representation is the norm, clear, organized evidence carries real weight.
Enforcement and appeals
An order in your favour can be enforced through the usual collection mechanisms. If you think the adjudicator made a legal error, you can appeal to the Nova Scotia Supreme Court within 30 days — but only on limited grounds (error of law, jurisdiction, or unfair process). For a clean loan claim the path is usually file, hear, decide, collect.
Bring the adjudicator clean proof
A signed loan agreement removes the argument about whether it was a loan at all. LendRight builds one both people e-sign in minutes. Free to draft.
Create my loan agreement →Common questions
What's different about Nova Scotia's Small Claims Court?
Cases are decided by adjudicators rather than judges, and the court often sits in the evening to be accessible to working people. There's also a quirk: general (non-economic) damages are capped at $100, though that rarely matters for a straightforward loan.
How much can I claim, and how long do I have?
Up to $25,000, not including interest and costs. The general limitation period is two years from when you discovered the claim, under Nova Scotia's Limitation of Actions Act, with a 15-year ultimate cap. For a demand loan, the clock starts when the borrower fails to pay after you demand repayment; a signed acknowledgement or a part payment restarts it.
Can I file online in Nova Scotia?
Partly. You can prepare your claim using the court's interactive online form, but the court still requires a printed hard copy to be filed with the Small Claims Court office. The filing fee is $99.70 for claims under $5,000 and $199.35 for claims from $5,000 to $25,000.
General information for Nova Scotia, not legal advice; LendRight is not a law firm. Court limits, fees and limitation rules change — confirm current details with the Small Claims Court of Nova Scotia before filing.
We write plain-language guides on lending between family and friends in Canada, reviewed against current provincial and CRA rules. LendRight is not a law firm — this is general information, not legal advice.