Third

Session, 46th General Assembly

Elizabeth II, 2010

BILL 11

AN ACT TO AMEND THE

SMALL CLAIMS ACT

Received and Read the First Time ...................................................................................................

Second Reading .................................................................................................................................

Committee ............................................................................................................................................

Third Reading .....................................................................................................................................

Royal Assent ......................................................................................................................................

HONOURABLE FELIX COLLINS

Minister of Justice and Attorney General

Ordered

to be printed by the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would amend the Small Claims Act. It would expand the

jurisdiction of the Court to allow the adjudication of claims for the recovery

of personal property and for specific performance of agreements relating to

personal property or services.

A BILL

AN ACT TO AMEND THE SMALL CLAIMS ACT

Analysis

S.3 Amdt.

Jurisdiction

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

RSNL1990 cS-16

as amended

1. Subsection 3(1) of the Small Claims Act is repealed and the following substituted:

Jurisdiction

(1) A

judge has jurisdiction to try and adjudicate upon a claim for

(

a) debt , whether payable

in money or otherwise;

(

b) damages , including

damages for breach of contract;

(

c) specific performance

of an agreement relating to personal property or services; or

(

d) recovery of personal

property

where the amount claimed does not exceed

the amount prescribed by regulation including, for the purpose of paragraphs

(

a) and (b), claims within that amount for the recovery of taxes or charges

under the City of St. John's Act , the

City of Corner Brook Act , the City of Mount Pearl Act or the Municipalities Act, 1999 or under a

regulation, order or by-law made under those Acts.

Earl G. Tucker, Queen's Printer