The recent decision of Justice Fred Ferguson, Mercure v Kaat
Auto Sales, 2020 NBQB 39 (CanLII), ("Mercure v Kaat
Auto Sales") is another reminder to parties to think
carefully before filing a Small Claims action in New Brunswick.
Background
In New Brunswick, a litigant can commence a Small Claim so long
as the monetary amounts are under $20,000. The objective of Small
Claims Court is to make accessing justice economical and user
friendly. For example, the rules and procedure are somewhat relaxed
as compared to higher levels of court. As was the case in
Mercure v Kaat Auto Sales, often a party who is
unsuccessful in Small Claims Court can simply appeal the decision.
This is because the provisions of Section 20 of the Small
Claims Act SNB 2012, c. 15, and associated regulations allow
an appeal of the adjudicator's judgment by way of a trial
de novo, which means that the proceeding is repeated as a
second trial. The aggrieved party can simply request an
