How small are contemporary small claims?: an evaluation of the Nova Scotia Small Claims Court

Abstract

As the form of justice most likely to be encountered by the general public, small claims courts serve a special role in terms of formulating public trust and confidence in the legal system at large. Nova Scotia recently increased the dollar amount allowable in the Small Claims Court to $25,000, placing it among the highest-capped jurisdictions in North America. This paper presents a two-phase evaluation of the Nova Scotia Small Claims Court. Phase I consisted of interviews with key stakeholders. Phase II was a survey of 254 litigants in the Nova Scotia Small Claims Court. The data illustrate the strengths and weaknesses of the Nova Scotia Small Claims Court. Results are discussed in the context of the broader civil justice system. Future research should test whether raising caps on allowable small claims will inhibit citizens` access to justice.