An informal, expeditious way to resolve civil disputes up to $20,000 in Manitoba.
Manitoba’s Small Claims Court — part of the Court of King’s Bench — is the forum for civil claims of up to $20,000, under The Court of King’s Bench Small Claims Practices Act. Claims are heard and decided by court officers rather than judges, in a process the Manitoba Courts describe in their published guides. People sue and are sued in Small Claims Court over contracts, debts, property damage, defective work, and disputes arising from purchases and sales — and, in the case of MPI fault disputes, it is the court whose decision MPI accepts. Neil Kaplan represents both plaintiffs and defendants in Manitoba Small Claims Court. Small claims is civil litigation in a streamlined forum — a lawsuit for money, decided on the evidence — and it rewards the side that prepares it like litigation.
A small claims hearing is a real court hearing, scaled to the amount: the court officer hears the evidence from both sides and decides the claim. Typical claims include money owed under a contract, the cost of repairing defective or incomplete work, damage to property, and disputes between buyers and sellers. Where the amount in dispute exceeds $20,000, the claim proceeds as civil litigation in the Court of King’s Bench, heard by a judge — Small Claims Court is part of that same court, heard by court officers in a streamlined process, and its limit is jurisdictional, so a claim filed in the wrong stream wastes the filing and the time.
The Manitoba Courts’ Guide to Appealing a Small Claims Decision is explicit: an appeal from a court officer’s decision is available only in limited situations. You must obtain leave (permission) from a judge of the Court of King’s Bench, and only by showing the court officer made an error of law or an error of jurisdiction — not an error of fact, and not simply that the officer believed the other side. The guide also warns that a failed leave application or appeal can result in an order to pay the other parties’ costs. That narrowness is exactly why the hearing itself is the case: the evidence has to be there the first time.
Neil prepares and presents small claims for plaintiffs and defendants: assessing whether the claim or defence is sound and in the right stream, assembling the documentary record the hearing will turn on, and arguing the case before the court officer. His litigation practice also includes the fault determination disputes that end up in this court when a driver challenges MPI’s assessment of who caused a collision.
The monetary limit is $20,000, under The Court of King’s Bench Small Claims Practices Act (the limit was raised from $15,000 on January 1, 2025). Claims above the limit proceed as civil litigation in the Court of King’s Bench, heard by judges — Small Claims Court is part of that same court, heard by court officers.
Small claims are heard and decided by court officers, not judges. Both sides present their evidence — documents, photographs, and witnesses — and the court officer decides the claim at the hearing.
Only in limited situations. The Manitoba Courts’ guide explains that you need leave (permission) from a judge of the Court of King’s Bench, and only on the basis that the court officer made an error of law or an error of jurisdiction — not because you disagree with the decision or believe your evidence should have been preferred. A failed appeal can also result in a costs order against you.
The documents that prove your claim or defence — the contract, invoices, estimates, photographs, and messages — and witnesses who have direct knowledge of what happened. The Manitoba Courts’ appeal guide notes that not bringing the documents or witnesses the officer needed is not a ground of appeal, so the evidence has to be at the hearing.
Claims for money up to $20,000: contracts and unpaid accounts, defective work and repairs, property damage, and buyer–seller disputes, among others. It is also the court that decides fault when a driver takes MPI’s fault assessment to court — MPI states that it accepts the court’s decision on fault.
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