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Nova Scotia · Small Claims · Appeal

Appeal a Nova Scotia Small Claims decision — before the 30-day window closes

Small Claims appeals go to the Supreme Court of Nova Scotia, and only on three grounds: error of law, failure to follow natural justice, or jurisdictional error. We generate a Notice of Appeal that states your grounds in the form the court expects, with a filing and service checklist.

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Step 1 — Check the deadline today

The Notice of Appeal must generally be filed with the Prothonotary of the Supreme Court of Nova Scotia within 30 days after the date of the Small Claims order. Count from the date on the order. If you are close to the deadline, file first and refine your argument later — the written argument comes after the notice.

Step 2 — Match what went wrong to a permitted ground

Section 32 of the Small Claims Court Act allows an appeal only for:

  1. Error of law — the adjudicator applied the wrong legal test, misread a statute or contract term as a matter of law, or reached a conclusion no properly-instructed decision-maker could reach on the evidence.
  2. Failure to follow the requirements of natural justice — the process was unfair: no proper notice, not allowed to present evidence or answer the other side, or the decision relied on something you never saw.
  3. Jurisdictional error — the court decided something it had no power to decide (for example, a claim over the monetary limit or outside its subject-matter jurisdiction).

Disagreeing with which witness the adjudicator believed is usually not a ground. The Supreme Court does not rehear the case.

Step 3 — Prepare and file the Notice of Appeal

The notice identifies the Small Claims order (claim number, adjudicator, date), lists each ground with the specific facts behind it, and states what you want the Supreme Court to do — typically set aside the order, substitute a different order, or send the matter back for a new hearing. File it with the Prothonotary and pay the filing fee.

Describe what happened at the hearing in plain language. We turn it into numbered grounds of appeal under s. 32, with the court heading, relief, and service block filled in.

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Step 4 — Serve the other party and the adjudicator

Serve a filed copy on the respondent (the other side) and on the Small Claims adjudicator. Keep proof of service. The adjudicator then prepares a summary report of the hearing and their findings.

Step 5 — Read the summary report carefully

The report is the main record on appeal. New evidence is generally not allowed, so your argument has to be built on what the report says (and any recording or documents that were before the adjudicator). Note anything the report leaves out that goes to your grounds.

Step 6 — File your written argument

Before the hearing you will usually file a written argument (brief or factum) walking through each ground: what happened, why it is an error of law or a breach of natural justice, and what order you want. You can generate this as a Factum in BeProSe once you have the summary report.

Step 7 — The appeal hearing

A Supreme Court justice hears the appeal, usually on the record and the written arguments. Possible outcomes: appeal dismissed, order set aside and replaced, or the matter sent back to Small Claims for a new hearing. Costs may be awarded, so weigh that before you start.

Who files: the party, not a helper

The appeal belongs to the person who was the claimant or defendant in Small Claims. If that is your adult son or daughter, they sign and file. You can help them gather the facts and documents.

BeProSe is a document preparation service, not a law firm. We do not provide legal advice or assess the merits of an appeal. Confirm deadlines, forms, and fees with the Supreme Court of Nova Scotia. For advice on whether to appeal, contact Nova Scotia Legal Aid, the Legal Information Society of Nova Scotia, or a Nova Scotia lawyer.

FAQ

Can I appeal a Nova Scotia Small Claims decision just because I disagree with it?

No. Under section 32 of the Small Claims Court Act, an appeal to the Supreme Court of Nova Scotia is only available for jurisdictional error, error of law, or failure to follow the requirements of natural justice. An appeal is not a new trial, and the Supreme Court generally will not re-weigh the evidence or revisit findings of fact.

How long do I have to appeal?

The Notice of Appeal must generally be filed within 30 days after the date of the Small Claims Court order. The deadline is strict. Confirm it, and the current filing fee, with the Supreme Court of Nova Scotia before you file.

What is the adjudicator’s summary report?

After being served with the Notice of Appeal, the Small Claims adjudicator prepares a summary report of the hearing and their findings. It becomes the main record the Supreme Court judge reviews. New evidence is generally not permitted on the appeal.

What does “failure to follow the requirements of natural justice” mean?

It is about the fairness of the process, not the result. Common examples: a party was not given proper notice, was not allowed to present evidence or respond to the other side’s case, or the decision relied on material one party never saw.

Can a parent file the appeal for an adult child?

The appeal is brought by the party to the Small Claims case. An adult party should sign and file their own Notice of Appeal. A family member can help them organize the facts, but should not sign court documents on their behalf.

What documents do I need?

At minimum, a Notice of Appeal filed with the Supreme Court and served on the other party and the adjudicator. Later you will usually file a written argument (a brief or factum) explaining each error. BeProSe generates both.