Canadian Forum on Civil Justice Forum canadien sur la justice civile


NEWSLETTER

Search form


< Back to Inventory

New Brunswick Simplified Procedure (Rule 79)

Year: 
2006
Description: 

Queen's Bench rule simplifying procedures for claims for amounts more than $30,000 and less than $75,000.

Status: 

Permanent implementation

Jurisdiction: 

New Brunswick

Court: 

Court of Queen's Bench, Trial Division

Timeline: 
September 2006
Rule 79 came into force, applies to claims up to $50,000
2008
Rule 80 comes into force, addressing claims up to $30,000 Rule 79 now applies only to claims between $30,000 and $75,000

 

Development: 

Rule 79 governing Simplified Procedure came into force in September 2006. In 2008, the New Brunswick provincial government announced that the current Small Claims Act would be eliminated and replaced by New Brunswick Rules of Court Rule 80. The New Brunswick Court of Queens Bench's would address matters that dealt with interests up to $30,000 and Rule 79 would now apply only to matters worth between $30,000 and $75,000.

Purpose: 

To give fast and inexpensive access to the courts by simplifying procedures for claims for amounts more than $30,000 but less than $75,000.

Description of Reforms: 

 

Simplified procedure is mandatory for all claims of more than $30,000 and less than $75,000 and optional for all other claims. It cannot be used in Family Division proceedings, class actions or proceedings commenced under an Act other than the Judicature Act (r. 79.01).
 
Timelines
  • Affidavit of Documents, listing all persons with knowledge, must be served 30 days after the close of pleadings (r. 79.06(1)-(2)).
  • Affidavits of all potential witnesses as well as experts reports must be provided within 90 days of close of pleadings (r. 79.06(4)).
  • Supplementary witness affidavits or expert report may be provided within 60 days of the expiration of the time period set in r. 79.06(4) above (r. 79.06(5)).
  • Notification that attendance of a particular deponent or expert is required at trial must be served within 30 days after the expiration of the time period set in r. 79.06(5) above. Otherwise, only affidavits may be used as evidence. (r. 79.06(7)).
  • Unless ordered otherwise, no discovery is permitted (r. 79.07).
  • Within 5 months after the close of pleadings, the parties, in a meeting or by telephone, shall consider whether all documents have been disclosed, whether settlement is possible and whether the parties agree to a settlement conference (r. 79.08).

Revision History:
This summary was last reviewed in Aug 09, 2012:custom:F, Aug 09, 2012:custom:Y.