This is an official version.
Copyright © 2011: Queen's Printer,
Newfoundland and Labrador
Small Claims Rules (Amendment)
(Filed April 19, 2011)
Under the authority of section 7 of the Small Claims Act, the Rules Committee makes the following rules.
Rule 3 Amdt.
Rule 6 Amdt.
1. Rules 3(4) and (5) of the Small Claims Rules are repealed and the following substituted:
Claim is for more than $25, 000
(4) A plaintiff who has a claim amounting to more than $25, 000 may abandon that part of the claim in excess of $25, 000.
Abandoning part of a claim
(5) To abandon part of a claim, the plaintiff shall state on the statement of claim that the amount over $25,000 is abandoned.
2. Rules 6(5) and (6) of the rules are repealed and the following substituted:
Where counterclaim is for more than $25, 000
(5) A defendant who has a counterclaim amounting to more than $25, 000 may
(a) abandon part of the counterclaim so it may be heard in the court; or
(b) begin an action in the Trial Division.
How to abandon part of a counterclaim
(6) To abandon part of a counterclaim, the defendant shall state on the counterclaim part of the reply that the amount over $25, 000 is abandoned.