Justice Minister Marie-Claude Blais says it will cost $270,000 to re-establish small claims courts. (CBC)
The
Alward government has introduced a bill to re-establish small claims courts in
New Brunswick, following through on an election promise.
Small
claims court was transferred to the Court of Queen’s Bench in 2010 by the
former Liberal government in an effort to save money — a controversial decision
that generated much criticism at the time.
Small
claims courts allow people with cases involving small amounts of money to avoid
a full lawsuit and trial.
"We're
going to be ready, on the ground in the fall, we hope,” said Justice Minister
Marie-Claude Blais, who introduced the Small Claims Act Friday morning.
“We have
to retrain, re-choose, adjudicators, so there's things we have to put in place,
but we're very happy today to have met that commitment,” she said.
“We feel
that it is very important.”
In
November 2010, Blais pledged the provincial government would make good on its
campaign promise to reinstate the so-called people’s court “soon,” despite
fiscal challenges.
Small
claims court ensures access to justice for everyone, not just the rich, she had
said.
On
Friday, Blais described the Liberal's system as flawed, inefficient and
ineffective.
Changes based on consultations
Re-establishing
small claims will cost $270,000, she said.
The
Liberals contend folding small claims cases into the full court system was
actually more efficient.
But many
lawyers, experts and even some judges questioned the cut back in 2010, saying
it would result in a backlog and more staff would have to be hired.
"We
have consulted extensively with the New Brunswick Law Society and the Canadian
Bar Association, New Brunswick branch," said Blais.
Based on
those consultations, the government has decided to increase the maximum
allowable claim to $12,500, up from the $10,000 limit originally planned, she
said.
The
provincial government is committed to reviewing that amount in the future, said
Blais.
The
procedures for filing and hearing small claims matters are expected to be much
the same as they were before.
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