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Provincial Court of Newfoundland and Labrador

Small Claims E-Filing

Quick Reference Guide

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Table of Contents

List of Figures ............................................................................................................................................ 4

1. Purpose ............................................................................................................................................. 6

2. Small claims e-Filing website link ...................................................................................................... 6

3. What is e-Filing for small claims? ..................................................................................................... 6

4. What small claims documents can be e-filed? ................................................................................. 7

5. What small claims documents cannot be e-filed? ............................................................................ 8

6. Obtaining an e-Filing account ........................................................................................................... 8

7. Navigating the e-Filing website......................................................................................................... 9

8. Filing a Statement of Claim ............................................................................................................. 11

8.1 Step Introduction ..................................................................................................................... 11

8.2 Step 1 - Agreement with Terms and Jurisdiction Selection ..................................................... 12

8.3 Step 2 – Identify Plaintiffs ........................................................................................................ 13

8.4 Step 3 – Identify Defendants .................................................................................................... 15

8.5 Step 4 – Identify What Happened ............................................................................................ 16

8.6 Step 5 – Identify Amounts ........................................................................................................ 17

8.7 Step 6 – Identify Signatories ..................................................................................................... 18

8.8 Step 7 – Upload Attachments................................................................................................... 19

8.9 Step 8 – Generate, Save, and Print Documents ....................................................................... 20

8.10 Step 9 – Complete Filing ........................................................................................................... 21

9. Filing a Certificate (Proof) of Service .............................................................................................. 22

9.1 Step 1 – Identify the Claim ....................................................................................................... 22

9.2 Step 2 – Certificate of Service Details ...................................................................................... 23

9.3 Step 3 – Method of Service ...................................................................................................... 24


10. Filing a Reply ................................................................................................................................... 26


10.2 Step 2 – Update Defendants .................................................................................................... 27

10.3 Step 3 – Agreement and Payment Option ............................................................................... 28

10.4 Step 4 – Dispute and Optional Counterclaim ........................................................................... 29

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11. Filing for Application for Default Judgment .................................................................................... 31


11.2 Step 2 – Application Details ...................................................................................................... 32

11.3 Step 3 – Judgment Registration Creditor Details ..................................................................... 33

11.4 Step 4 – Judgment Registration Debtor Details ....................................................................... 34


12. Filing for Application for Summary Judgment ................................................................................ 37


12.2 Step 2 – Judgment Details ........................................................................................................ 38

12.3 Step 3 – Payment Schedule ...................................................................................................... 39





13. Filing an Application to a Judge ...................................................................................................... 45

13.1 Step 1 – Identify Claim and Application type ........................................................................... 45


13.3 Step 3 –Cancellation ................................................................................................................. 47

13.4 Step 4 –Identify Signatories ...................................................................................................... 48

14. Filing a Summons to a Payment Hearing ........................................................................................ 49

14.1 Step 1 – Identify Claim.............................................................................................................. 50

14.2 Step 2 – Summons Details ........................................................................................................ 51

15. Filing a Residential Tenancy or Restitution Order Judgment ......................................................... 52

15.1 Step 1 – Agreement with Terms and Jurisdiction Selection ..................................................... 52

15.2 Step 2 – Identify Plaintiffs ........................................................................................................ 53

15.3 Step 3 – Identify Defendants .................................................................................................... 54

15.4 Step 4 – Judgment Details ........................................................................................................ 55


15.6 Step 6 – Judgment Registration Debtor Details ....................................................................... 57


16. Payment of small claims filing fees ................................................................................................. 59

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16.1 Step 1 - Accessing ePayment broker and entering your credit card information .................... 59

16.2 Step 2 – Document acceptance and payment of filing fees ..................................................... 62

17. E-Filing Notifications ....................................................................................................................... 63

18. E-Filing support ............................................................................................................................... 63

19. Go Live dates ................................................................................................................................... 63

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List of Figures

Figure 1: E-Filing Steps ............................................................................................................................... 7

Figure 2: E-Filing Website ........................................................................................................................... 9

Figure 3: Step Introduction ...................................................................................................................... 11

Figure 4: Statement of Claim – Agreement .............................................................................................. 12

Figure 5: Statement of Claim – Plaintiffs .................................................................................................. 13

Figure 6: Statement of Claim – Defendants ............................................................................................. 15

Figure 7: Statement of Claim – What Happened?.................................................................................... 16

Figure 8: Statement of Claim – Amounts ................................................................................................. 17

Figure 9: Statement of Claim – Signatories .............................................................................................. 18

Figure 10: Statement of Claim – Attachments ......................................................................................... 19

Figure 11: Statement of Claim – Preview and Print ................................................................................. 20

Figure 12: Statement of Claim – Pay Filing Fees ...................................................................................... 21

Figure 13: Certificate of Service - Identify the Claim ................................................................................ 22

Figure 14: Certificate of Service Details ................................................................................................... 23

Figure 15: Certificate of Service - Method of Service ............................................................................... 24

Figure 16: Certificate of Service - Identify Signatories ............................................................................. 25

Figure 17: Reply - Identify the claim ......................................................................................................... 26

Figure 18: Reply - Update defendants ...................................................................................................... 27

Figure 19: Reply to a Statement of Claim ................................................................................................. 28

Figure 20: Reply - Dispute and optional counterclaim ............................................................................. 29

Figure 21: Reply - Identify signatories ...................................................................................................... 30

Figure 22: Application for Default Judgment - Identify claim .................................................................. 31

Figure 23: Application for Default Judgment - Application details .......................................................... 32

Figure 24: Application for Default Judgment - Judgment Registration Creditor Details .......................... 33

Figure 25: Application for Default Judgment - Judgment Registration Debtor Details ............................ 34

Figure 26: Application for Default Judgment - Identify signatories ......................................................... 35

Figure 27: Application for Summary Judgment - Identify the claim ........................................................ 37

Figure 28: Application for Summary Judgment - Judgment Details ......................................................... 38

Figure 29: Application for Summary Judgment - Payment Schedule ....................................................... 39

Figure 30: Application for Summary Judgment - Application Details ...................................................... 40

Figure 31: Application for Summary Judgment - Judgment Registration Creditor Details ...................... 41

Figure 32: Application for Summary Judgment - Judgment Registration Creditor Details ...................... 42

Figure 33: Application for Summary Judgment - Identify Signatories ..................................................... 43

Figure 34: Application to a Judge - Identify Claim and Application Type ................................................. 45

Figure 35: Application to a Judge - Application Details ............................................................................ 46

Figure 36: Application to a Judge - Cancellation ...................................................................................... 47

Figure 37: Application to a Judge - Identify Signatories ........................................................................... 48

Figure 38: Summons to a Payment Hearing - Identify Claim ................................................................... 50

Figure 39: Summons to a Payment Hearing - Summons Details .............................................................. 51

Figure 40: Residential Tenancy or Restitution Order Judgment – Agreement ........................................ 52

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Figure 41: Residential Tenancy or Restitution Order Judgment – Identify Plaintiffs ............................... 53

Figure 42: Residential Tenancy or Restitution Order Judgment – Identify Defendants .......................... 54

Figure 43: Residential Tenancy or Restitution Order Judgment – Judgment Details .............................. 55

Figure 44: Residential Tenancy/Restitution Order – Judgment Registration Creditor Details ................ 56

Figure 45: Residential Tenancy/Restitution Order – Judgment Registration Debtor Details .................. 57

Figure 46: Residential Tenancy or Restitution Order Judgment – Identify Signatories ........................... 58

Figure 47: EPayment Broker Credit Card Processing System ................................................................... 60

Figure 48: Pre-Authorization Receipt ....................................................................................................... 61

Figure 49: Successful Submission of Document ....................................................................................... 62

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1. Purpose

This document is intended to serve as a quick reference guide for the small claims e-Filing system. It

provides the following information:

• Small claims e-Filing website link

• What is e-Filing for small claims?

• What small claims documents can be e-filed?

• What small claims documents cannot be e-filed?

• Obtaining an e-Filing account

• Steps to filing specific types of documents

• Payment for small claims filing fees

• Sample payment screens

• E-Filing support number and email address

• Go Live dates

This document does not cover the rules associated with filing small claims nor does it provide legal

advice. It also does not have a section for all types of documents. Many of the documents are very

similar and use the exact same steps or are very, very straight-forward. For example, Default

Judgments and Summary Judgments are discussed but Judgments are not because the judgment

screens are identical to those found in the Default or Summary judgment. Notice of Withdrawal and

Notice of Satisfactions are also not discussed as they are simple, short documents to file.

2. Small claims e-Filing website link

The small claims e-Filing system can be accessed from the existing Provincial Court website located at

http://www.court.nl.ca/provincial/smallclaims

3. What is e-Filing for small claims?

Small Claims Electronic filing (e-Filing) is the process of transmitting small claims documents to the

Provincial Court through an electronic medium, rather than in paper format. Just as if you filed in

person, your document can be filed with the Provincial Court in the Jurisdiction you select. You will be

asked questions in a step-by-step format during the filing process. Each step is designed to assist you in

accurately completing and submitting the necessary small claims document. Incomplete or inaccurate

information may result in the delay or rejection of your claim. In any event you will be notified via

email of the status of your document. You will receive these status updates via the email address on

file with the Office of the High Sheriff. This email address would have been supplied when registering

for your Judgment Enforcement Registry account. An electronically filed document will be reviewed by

a small claims staff member within one business day.

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Documents filed through this system are available for viewing and/or editing. You may review your

document at any time. You can only edit your own document if it is “in progress” or has been

“rejected” by the Provincial Court. A document filed electronically has the same legal effect as the

original document. Filing a document electronically does not alter or extend any filing deadline. A

document received electronically after the close of business is considered to have been filed on the

next court day. (Please consult the Government of Newfoundland and Labrador’s website for a list of

statutory holidays.) The fees for filing electronically are the same as filing via mail or in person. To use

this website, you must be able to pay for all fees with a valid credit card.

E-Filing is EASY! Follow these simple steps:

Figure 1: E-Filing Steps

4. What small claims documents can be e-filed?

The following Small Claims documents are available for electronic filing:

1. Statement of Claim

2. Reply to Statement of Claim

3. Proof of Service of Statement of Claim

4. Proof of Service of Reply to Statement of Claim

5. Application for Default Judgment

6. Summons to a Payment Hearing

7. Proof of Service of Summons to a Payment Hearing

8. Application for Summary Judgment

9. Judgment

10. Notice of Withdrawal

11. Notice of Satisfaction

12. Application to a Judge

13. Residential Tenancy/Restitution Order Judgment

14. Judgment Registration Form

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5. What small claims documents cannot be e-filed?

The following Small Claims documents are NOT available for electronic filing:

1. Third Party Notice

2. Subpoena to Witness

3. Consent Judgment

4. Notice of a Payment Hearing

5. Offer to Settle

6. Obtaining an e-Filing account

To access the small claims e-Filing system you must have Judgment Enforcement Registry username

and password. To obtain this account, please complete a Remote Access Client Application form and

return to the Office of the High Sheriff. On this form you must specifically request access for the

Provincial Court small claims e-Filing system. This form is available on the Judgment Enforcement Registry

website. The link to the Remote Access Client Application form is

https://jer-remote.justice.gov.nl.ca/forms/remoteap.pdf

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7. Navigating the e-Filing website

The e-Filing website is designed to be very user-friendly. It consists of a login screen, general

information, and an area for you to create new documents or review/edit previously created

documents. An overview of a common e-Filing page is provided below.

Figure 2: E-Filing Website

The website can be divided into three sections, A, B, and C as seen in the above image. These can also

be identified as A = Left Hand Navigation; B = Top Navigation; and C = Main Body.

• A = Left Hand Navigation. This section provides an e-Filing user with the ability to jump to

various pages within the website. Most of these pages are informational as they contain

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frequently asked questions, links, and help sections. In addition, the left hand navigation

allows a person to jump from step-to-step while creating or editing an e-filing document.

• B = Top Navigation. This section provides an e-Filing user with the ability to enter the

document creation/editing area. This is accomplished by clicking on Manage E-Filings. To start

a new document, simply select “Start New Filing”. To review/edit previously created

documents simply select “Review/Edit Filings. The top navigation area also allows a person to

print a page, review the document steps, or to jump back or forward to a step within a

document by simply clicking on the step number. The top area also provides information on

where you are in the e-Filing site. This is known as a “breadcrumb trail”. You can see this in the

above image and contains the text:

“MANAGE e-FILINGS > Start New Filing > Small Claims

Statement of Claim”

This tells us that we are within the start new filing area, have accessed the Small Claims area

and are now creating a Statement of Claim.

Lastly, any document that is created via the e-Filing site will be assigned a tracking number.

This is a unique number that is assigned to your document only. This is displayed in the top

right corner on any page after the tracking number is created. It also displays the Claim

number an identifying name for your claim. This can be seen in figure 13.

• C = Main Body. The remaining area of the website is the main body or heart of the system.

Here the text on the page changes often and provided a user with a number of different

functionalities. This can vary from creating a document, editing a document, uploading

attachments, paying filing fees, or simply providing informational text.

While navigating and creating/editing documents you will find many instances of a little blue

icon with a question mark symbol ( ). At any time if you need assistance on what kind of

information is being requested, simply place your mouse on this icon and an informational

message will appear.

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8. Filing a Statement of Claim

The e-Filing system is designed in a step-by-step format. The following set of screen shots illustrates

the filing of a Statement of Claim.

8.1 Step Introduction

Figure 3: Step Introduction

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8.2 Step 1 - Agreement with Terms and Jurisdiction Selection

Figure 4: Statement of Claim – Agreement

In this step, an e-Filing user simply agrees with a set of terms and then selects the court where they

wish to file their document.

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8.3 Step 2 – Identify Plaintiffs

Figure 5: Statement of Claim – Plaintiffs

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In this step, complete all required fields that collects information on the plaintiff(s) in your claim. If

there is more than one, simply click “Add another”. After adding your last plaintiff, simply click “Save

and Next”.

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8.4 Step 3 – Identify Defendants

Figure 6: Statement of Claim – Defendants

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In this step, complete all required fields that collects information on the defendant(s) in your claim. If

there is more than one, simply click “Add another”. After adding your last defendant, simply click “Save

and Next”.

8.5 Step 4 – Identify What Happened

Figure 7: Statement of Claim – What Happened?

In this step, you must tell the court information about your claim. Select the most applicable claim

type from the list provided. Tell what happened or origin of the claim, tell where the claim arose and

finally indicate when the incident occurred.

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8.6 Step 5 – Identify Amounts

Figure 8: Statement of Claim – Amounts

In this step, we collect information on the monies involved in the claim. Simply enter a description for

the item claimed and enter the amount being claimed. If greater than $25, 000 you must abandon the

amount greater than $25, 000 or take your claim to the Supreme Court.

Filing fees are also collected and are $50 for claims less than $500 dollars and $100 for claims greater

than $500.

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8.7 Step 6 – Identify Signatories

Figure 9: Statement of Claim – Signatories

In this step, you must provide the electronic signature of the plaintiff or plaintiff’s representative.

Select “Plaintiff” if the plaintiff is signing themselves or “Plaintiff Representative” if the plaintiff has

representation from the ROLE box, enter the full name of the plaintiff / plaintiff representative in the

Signature box, enter the plaintiff / plaintiff representatives first and last name in the First and Last

name fields, enter the Community of residence for the plaintiff / plaintiff representative. If a plaintiff

representative is signing, specify the Representative Type and then the Agent Name and Agent

Telephone number. Press Save and Next.

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8.8 Step 7 – Upload Attachments

Figure 10: Statement of Claim – Attachments

In this step, attachments are uploaded to support your claim. Depending on the type of claim,

attachments may be required. In the image above no attachments are required but you may upload up

to five optional attachments.

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8.9 Step 8 – Generate, Save, and Print Documents

Figure 11: Statement of Claim – Preview and Print

In this step, the e-Filing system forces a user to view their electronically generated document. It is also

recommended that you print a save a copy for your records.

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8.10 Step 9 – Complete Filing

Figure 12: Statement of Claim – Pay Filing Fees

In this step, you are asked to provide payment for your document. To complete the payment of

applicable filing fees, see “Section 15: Payment of small claims filing fees” for step-by-step

instructions and illustrations.

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9. Filing a Certificate (Proof) of Service

A certificate of service is required for three of the small claims documents; these include 1) Statement

of Claim; 2) Reply; and 3) Summons to a Payment Hearing. All three documents use the same

Certificate of Service. A certificate of service for a Statement of Claim is illustrated below.

9.1 Step 1 – Identify the Claim

Figure 13: Certificate of Service - Identify the Claim

In this step, please identify the claim by entering the Provincial Court issued claim number (found in

the top right corner of your accepted statement of claim) and identifying name. After this is entered,

press Save and Next and then select the person, persons, or company you have served.

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9.2 Step 2 – Certificate of Service Details

Figure 14: Certificate of Service Details

In this step, specify the name of the person or company that has served the document. Select if the

document was served by an individual, registered company or non-registered company. You must also

specify the name of the person who is being served. This is pre-populated for you. If you are serving a

company, you need to tell the Small Claims court that you have served a person at the company, a

company cannot be served – a person working at the company must be served. Lastly, select the date

the document was served and the community where the document was served.

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9.3 Step 3 – Method of Service

Figure 15: Certificate of Service - Method of Service

In this step, you must indicate how the document was served. There are four different types of

plaintiffs/defendants that can be served, these include:

• An individual

• A local company

• An extra-provincial company

• A partnership

Select the option that best describes the method of service used.

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Figure 16: Certificate of Service - Identify Signatories

In this step, you must electronically sign the proof of service document. The document can be signed

by the Plaintiff, Plaintiff Representative, or Process Server. When entering the signature, simply select

the ROLE of the person who served the document, type the full name of the person who served the

document, and then type the persons first and last name. If served by a process server, enter the

process servers name and then scan and attach the signed certificate of service.

The remaining steps (5, 6, and 7) are identical to those in any other document. Please refer to section

8.8 onward for instructions and illustrations.

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10. Filing a Reply

A Reply can be filed against a statement of claim. You have 10 days to file a reply if the defendant is a

resident of the province of NL and 30 days if the defendant is a non-resident. To file a Reply, you need

to have the Claim Number and Identifying Name. These are found on the paper copy of the statement

of claimed that was served. To file a Reply, simply follow the steps below.


Figure 17: Reply - Identify the claim


the top right corner of your accepted statement of claim) and identifying name. You also need to make

a decision on your reply option. You can either agree to the claim or can dispute and counterclaim

(optional). Once you have entered this information, you will be asked to select the name of the

person(s) or company(s) that is replying.

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10.2 Step 2 – Update Defendants

Figure 18: Reply - Update defendants

In this step, an e-Filing user can update the information that was provided by the plaintiff or plaintiff’s

representative.

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10.3 Step 3 – Agreement and Payment Option

Figure 19: Reply to a Statement of Claim

In this step, if on step 1 you selected the “Agreement and payment option”, you are asked to enter

how you will make the required payments. If paying via payment schedule, enter the schedule you are

offering.

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10.4 Step 4 – Dispute and Optional Counterclaim

Figure 20: Reply - Dispute and optional counterclaim

In this step, if on step 1 you selected the “Dispute and optional counterclaim option”, you need to

explain why you are disputing the claim. Simply enter in the text fields the reasons why you are

disputing. Optionally, if you are counterclaiming you need to enter a description for the counterclaim

item and the amount you are claiming. Remember the amount cannot exceed $25,000.

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Figure 21: Reply - Identify signatories

In this step, you need to electronically sign the Reply document. A Reply can be signed by either the

defendant or a defendants’ representative. Enter the person’s full name in the Signature field and

their first and last name in the First and Last name fields. If a defendant’s representative is signing,

select the applicable representative type and enter in the Agent’s Name and Agent’s Telephone

number.

The remaining steps (6, 7 and 8) are identical to those in any other document. Please refer to section


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11. Filing for Application for Default Judgment

An application for default judgment can be filed if the applicable waiting period has expired. The

waiting period for a document served to a resident of NL is 10 days and is 30 days for a non-resident. If

on the 11th or 31st day a Reply has not been filed you can file for default judgment. Instructions on how

to file an application for default judgment is illustrated below.


Figure 22: Application for Default Judgment - Identify claim


the top right corner of your accepted statement of claim) and identifying name. You may also choose

to register this judgment with the Office of the High Sheriff. If you select “yes” to registering, a $15 fee

is added. Registration enforces the judgment and assists in debt collection.

Error/Informative Messages

1. If a Reply has been filed, you will receive an error/informative message which will inform you

that you cannot proceed with a default judgment document.

2. A similar message will appear if a certificate of service for your statement of claim has not

been filed and accepted.

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11.2 Step 2 – Application Details

Figure 23: Application for Default Judgment - Application details

In this step, you must specify the details of the application for default judgment. You must first

indicate how you served the statement of claim and the date on which it was served. Then, enter your

amounts as specified on the form. If claiming interest, you must provide proof of your interest

calculations by uploading an attachment. Other information that is required consists of the date and

location where the affidavit was taken. An application for default judgment must be signed by a

Commissioner of Oaths. Once all information is entered, select the name (s) of the defendants you are

filing for default judgment against.

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11.3 Step 3 – Judgment Registration Creditor Details

Figure 24: Application for Default Judgment - Judgment Registration Creditor Details

In this step, you should provide information for the creditor. In default judgment this is also known as

the Plaintiff(s). This is an optional step as it is only required if you have chosen to register your

judgment in step 1.

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11.4 Step 4 – Judgment Registration Debtor Details

Figure 25: Application for Default Judgment - Judgment Registration Debtor Details

In this step, you should provide information for the debtor. In default judgment this is also known as

the Defendant(s). This is an optional step as it is only required if you have chosen to register your

judgment in step 1. The more information you provide the better, however not all may be known. Only

name is required and is pre-populated for you.

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Figure 26: Application for Default Judgment - Identify signatories

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In this step, you must provide up to 4 signatures. If you are not registering your judgment, only 3 are

required. The signatures that can be entered include 1) Plaintiff; 2) Witness to Oath of Application; 3)

Creditor or Creditor Representative; and 4) Witness to Electronic Signature.

When adding signatures for the application for default judgment, pay close attention to the ROLE drop

down box. To complete the electronic signatures follow these simple instructions.

1. Select “Plaintiff” in the ROLE box, enter the plaintiffs full name in the Signature box, enter the

plaintiffs first and last name in the First and Last name fields, and lastly enter the Community

of residence for the plaintiff. Presses ADD ANOTHER.

2. Select “Witness to Oath of Application” in the ROLE box, enter the full name of the

Commissioner of Oaths in the Signature box, enter the Commissioner of Oaths first and last

name in the First and Last name fields, and lastly enter the Community of residence for the

Commissioner of Oaths. Presses ADD ANOTHER.

3. If you have chosen to register your Judgment, select “Creditor” if the creditor/plaintiff is

signing themselves or “Creditor Representative” if the creditor/plaintiff has representation

from the ROLE box, enter the full name of the creditor/creditor representative in the

Signature box, enter the creditor/creditor representatives first and last name in the First and

Last name fields, enter the Community of residence for the creditor/creditor representative. If

a creditor representative is signing, specify the Representative Type and then the Agent Name

and Agent Telephone number. Presses ADD ANOTHER.

4. The Witness to Electronic Signature is someone who states that the signatures are accurate

and are in place on paper documents. It can be the creditor/plaintiff themselves.

Select “Witness to Electronic Signature” in the ROLE box, enters the witness’s full name in the

Signature box, enter the witness’s first and last name in the First and Last name fields, and

lastly enter the Community of residence for the witness. Press SAVE and NEXT.

As signatures are being added, they will appear on the top of the page. These can be edited or

removed at any time. You will not be permitted to proceed to the next step until a signature for each

of the specified roles has been added.



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12. Filing for Application for Summary Judgment

An application for summary judgment can be filed if a Reply agreeing to Statement of Claim filed with

court and served on plaintiff. Alternatively, all copies of Reply agreeing to Statement of Claim returned

to the court, or Creditor/Creditor’s Agent contacted directly by Debtor and offered a payment

schedule.

Instructions on how to file an application for summary judgment is illustrated below.


Figure 27: Application for Summary Judgment - Identify the claim


the top right corner of your accepted statement of claim) and identifying name. You may also choose

to register this judgment with the Office of the High Sheriff. If you select “yes” to registering, a $15 fee

is added. Registration enforces the judgment and assists in debt collection. Once all information is

entered, press Save and Next. You will be asked to select the defendant(s) upon which summary

judgment is being requested.

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12.2 Step 2 – Judgment Details

Figure 28: Application for Summary Judgment - Judgment Details

In this step, the details for the summary judgment are specified. The creditor(s) and debtor(s) names

are populated for you. Specify the monies involved and select the applicable payment schedule. If

offering a payment schedule you will need to complete step 3. If electing to pay immediately, you can

skip step 3.

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12.3 Step 3 – Payment Schedule

Figure 29: Application for Summary Judgment - Payment Schedule

In this step, specify the details of for the payment schedule you are offering. Payment schedules can

be weekly, bi-weekly, or monthly.

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Figure 30: Application for Summary Judgment - Application Details

In this step, specify the details for the application for summary judgment. The applicant/plaintiff

name(s) and addresses are populated for you. You need to provide supporting information for why the

summary judgment application is being made.

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Figure 31: Application for Summary Judgment - Judgment Registration Creditor Details

In this step, you should provide information for the creditor. In summary judgment this is also known

as the Plaintiff(s). This is an optional step as it is only required if you have chosen to register your

judgment in step 1.

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Figure 32: Application for Summary Judgment - Judgment Registration Creditor Details

In this step, you should provide information for the debtor. In summary judgment this is also known as

the Defendant(s). This is an optional step as it is only required if you have chosen to register your

judgment in step 1. The more information you provide the better, however not all may be known. Only

name is required and is pre-populated for you.

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Figure 33: Application for Summary Judgment - Identify Signatories

In this step, you must provide up to 2 signatures. If you are not registering your judgment, only the

Applicant’s signature is required. The signatures that can be entered include 1) Applicant or Applicant’s

Representative; and 2) Creditor or Creditor Representative.

When adding signatures for the application for summary judgment, pay close attention to the ROLE

drop down box. To complete the electronic signatures follow these simple instructions.

1. Select “Applicant or Applicant’s Representative” in the ROLE box, enters the applicant or

applicant’s representative full name in the Signature box, enter the applicant or applicant’s

representative first and last name in the First and Last name fields, and lastly enter the

Community of residence for the applicant or applicant’s representative. If registering the

judgment, presses ADD ANOTHER. If not registering, press SAVE and NEXT.

2. If you have chosen to register your summary judgment, select “Creditor” if the

creditor/plaintiff is signing themselves or “Creditor Representative” if the creditor/plaintiff has

representation from the ROLE box, enter the full name of the creditor/creditor representative

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in the Signature box, enter the creditor/creditor representatives first and last name in the First

and Last name fields, enter the Community of residence for the creditor/creditor

representative. If a creditor representative is signing, specify the Representative Type and

then the Agent Name and Agent Telephone number. Presses ADD ANOTHER.






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13. Filing an Application to a Judge

An application to a judge can be filed for a variety of reasons. There are 4 common types and then

“other”. The most common types consist of:

1. Permitting Costs

2. Permitting another Method of Service

3. Cancelling a Default Judgment or Dismissal Order

4. Transferring to another Court

Please see the below steps for filing an application to a judge.

13.1 Step 1 – Identify Claim and Application type

Figure 34: Application to a Judge - Identify Claim and Application Type


the top right corner of the accepted statement of claim) and identifying name. Then, select if it’s the

Plaintiff or Defendant that is making the request. Finally, select the most applicable request type.

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Figure 35: Application to a Judge - Application Details

In this step, specify the details for the application. The plaintiff/defendant name(s) and addresses are

populated for you. You need to provide supporting information for why the application is being made.

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13.3 Step 3 –Cancellation

Figure 36: Application to a Judge - Cancellation

In this step, if you selected claim type of “Cancelling a Default Judgment or Dismissal Order”, you need

to supply the details for the cancellation. Indicate the type of order, the dates associated with order

and any supporting facts. This is an optional step and is only required if you selected claim type

“Cancelling a Default Judgment or Dismissal Order”.

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13.4 Step 4 –Identify Signatories

Figure 37: Application to a Judge - Identify Signatories

In this step, you must provide up to 4 signatures. If you are not filing for claim type “Cancelling a

Default Judgment or Dismissal Order” you only require one signature. The signatures that can be

entered include 1) Applicant; 2) Person Completing Affidavit to Cancel a Default Judgment; 3) Witness

to Affidavit to Cancel a Default Judgment; and 4) Witness to Electronic Signature.

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When adding signatures for the application for default judgment, pay close attention to the ROLE drop

down box. To complete the electronic signatures follow these simple instructions.

1. Select “Applicant” in the ROLE box, enter the applicants full name in the Signature box, enter

the applicants first and last name in the First and Last name fields, and lastly enter the

Community of residence for the applicant. Presses ADD ANOTHER.

2. Select “Person Completing Affidavit to Cancel a Default Judgment” in the ROLE box, enter the

full name of the person making the application in the Signature box, enter the persons first

and last name in the First and Last name fields, and lastly enter the Community of residence

for the person filing at application. Presses ADD ANOTHER.

3. Select “Witness to Affidavit to Cancel a Default Judgment” in the ROLE box, enter the full name

of the Commissioner of Oaths in the Signature box, enter the Commissioner of Oaths first and

last name in the First and Last name fields, and lastly enter the Community of residence for

the Commissioner of Oaths. Presses ADD ANOTHER.

4. The Witness to Electronic Signature is someone who states that the signatures are accurate

and are in place on paper documents. It can be the creditor/plaintiff themselves.

Select “Witness to Electronic Signature” in the ROLE box, enters the witness’s full name in the

Signature box, enter the witness’s first and last name in the First and Last name fields, and

lastly enter the Community of residence for the witness. Press SAVE and NEXT.






14. Filing a Summons to a Payment Hearing

A summons to a payment hearing can be filed if a judgment has been made and registered, and a

Payment Schedule enforcement option has been chosen by the Creditor. To file a summons to a

payment hearing, simply follow the steps below.

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14.1 Step 1 – Identify Claim

Figure 38: Summons to a Payment Hearing - Identify Claim


the top right corner of the accepted statement of claim) and identifying name. Once all information is

entered, press Save and Next. You will be asked to select the defendant(s) upon which the summons is

to be served.

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14.2 Step 2 – Summons Details

Figure 39: Summons to a Payment Hearing - Summons Details

In this step, the details of the summons need to be supplied. Most is pre-populated for you but you

need to supply any information that a debtor should bring to court. A summons needs to be served on

the defendant(s).



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15. Filing a Residential Tenancy or Restitution Order Judgment

A residential tenancy or restitution order judgment can be filed for a criminal case which concluded in

a Restitution Order or a Residential Tenancies Tribunal hearing that concluded with a Residential

Tenancy Order. To file this document follow the steps below.

15.1 Step 1 – Agreement with Terms and Jurisdiction Selection

Figure 40: Residential Tenancy or Restitution Order Judgment – Agreement

In this step, an e-Filing user simply selects the court where they wish to file their document. In

addition, the user indicates the type of document –either Residential Tenancy or Restitution. Finally,

the user needs to decide if they want to register their judgment with the Sheriff’s Office. Registering

assists with debt collection.

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15.2 Step 2 – Identify Plaintiffs

Figure 41: Residential Tenancy or Restitution Order Judgment – Identify Plaintiffs

In this step, complete all required fields that collects information on the plaintiff(s) in your claim. If

there is more than one, simply click “Add Another”. After adding your last plaintiff, simply click “Save

and Next”.

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15.3 Step 3 – Identify Defendants

Figure 42: Residential Tenancy or Restitution Order Judgment – Identify Defendants

In this step, complete all required fields that collects information on the defendant(s) in your claim. If

there is more than one, simply click “Add Another”. After adding your last defendant, simply click

“Save and Next”.

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15.4 Step 4 – Judgment Details

Figure 43: Residential Tenancy or Restitution Order Judgment – Judgment Details

In this step, we need to inform the court of the details of the judgment. Specify the Debtor(s) and

Creditor(s) and the amount of money that is being requested. If interest is being requested, you need

to attach proof of your interest calculations.

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Figure 44: Residential Tenancy/Restitution Order – Judgment Registration Creditor Details

In this step, you should provide information for the creditor. This is an optional step as it is only

required if you have chosen to register your judgment in step 1.

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15.6 Step 6 – Judgment Registration Debtor Details

Figure 45: Residential Tenancy/Restitution Order – Judgment Registration Debtor Details

In this step, you should provide information for the debtor. This is an optional step as it is only

required if you have chosen to register your judgment in step 1. The more information you provide the

better, however not all may be known. Only name is required and is pre-populated for you.

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Figure 46: Residential Tenancy or Restitution Order Judgment – Identify Signatories

In this step, you must provide the electronic signature of the Creditor or Creditor Representative.

Select “Creditor” if the creditor is signing themselves or “Creditor Representative” if the creditor has

representation from the ROLE box, enter the full name of the creditor/creditor representative in the

Signature box, enter the creditor/creditor representatives first and last name in the First and Last

name fields, enter the Community of residence for the creditor/creditor representative. If a creditor

representative is signing, specify the Representative Type and then the Agent Name and Agent

Telephone number. Press Save and Next.



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16. Payment of small claims filing fees

Any small claims document filed electronically that has an associated filing fee must be paid via credit

card. Only MasterCard and Visa are accepted. The small claims e-Filing system uses the secure

ePayment Broker Credit Card processing system owned and supported by the Government of

Newfoundland and Labrador.

Filing a document which has a filing fee is a two-step process. However, the second step usually

involves no action on the part of the e-Filing user.

16.1 Step 1 - Accessing ePayment broker and entering your credit card information

After you complete the step-by-step process and have reviewed your document, you are asked to

enter the Government of Newfoundland and Labrador’s ePayment Broker system. You do this by

clicking on the “Proceed to ePayment Processing” button. This is the same system used for collecting

fees on the Government of Newfoundland and Labrador’s Motor Vehicle Registration website. This

system will collect your credit card information and perform a validity check and pre-authorized debit.

No money is charged on your credit card at this time. A pre-authorized debit places a hold on an

amount equal to the document filling fee. For example, your document costs $100 to file, your credit

card balance is $0, and your available credit card limit is $5000. After the pre-authorized debit, your

credit card balance is $0 and your available limit is $4900. The hold placed on this $100 lasts 3 – 5

business days or until your document is accepted by the Provincial Court. You will receive a credit card

pre-authorization receipt which you can print for your records.

Figure 47 displays the ePayment Broker system for Provincial Court Civil Division – Small Claims.

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Figure 47: EPayment Broker Credit Card Processing System

After you enter your credit card information and click “Submit Payment”, you are taken back to the e-

Filing system where a credit card pre-authorization receipt is displayed. Print or save this page for your

records. Figure 48 displays a sample pre-authorization receipt.

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Figure 48: Pre-Authorization Receipt

Once you have successfully passed the credit card pre-authorization, simply click “Finish – Submit

Filing”. This will push all your small claims information into an internal system where a Provincial Court

staff member will be notified of its arrival. Please note: No financial information is stored in the small

claims e-Filing system. All credit card information is passed to and used by the Government of

Newfoundland and Labrador’s ePayment Broker system.

Once you have successfully submitted your document, you will receive a submission confirmation

screen. The screen will resemble the one below in figure 49. You will also receive an email informing

you that your document has been successfully submitted.

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Figure 49: Successful Submission of Document

16.2 Step 2 – Document acceptance and payment of filing fees

If your document is accepted by the Provincial Court, your credit card is charged the applicable filing

fee. You will receive an email informing you that your document has been accepted. In the example

above, your credit card balance is now $100 and your credit card limit is $4900. If the 3 – 5 day pre-

authorization period has expired prior to your document being accepted by the Provincial Court, you

will receive an email requesting that you access the e-Filing website and re-enter your credit card

information. Some reasons for why pre-authorization might expire prior to acceptance by the Court

include:

• Document filed leading into a holiday weekend; and

• Court closures due to natural or manmade occurrences.

If your claim is rejected, the Provincial Court will not charge your credit card. The pre-authorized debit

will expire on its own after 3 – 5 business days. You will receive a rejection notice via email explaining

why your document has been rejected. You may then edit and resubmit.

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17. E-Filing Notifications

The e-Filing system uses email as its main contact medium. Any correspondence that needs to be

communicated to an e-Filing user about a document that has been e-Filed is sent via email. If you file a

document, monitor your email for an acceptance or rejection email. Also, use the Review/Edit Filing

18. E-Filing support

The small claims e-Filing system has small claims staff that is available to assist e-Filing users. Please

call 1.888.729.1569 Monday – Friday between the hours of 8:30 AM – 12:30 PM and 1:30 PM – 4:30

PM Newfoundland Standard Time. During summer hours the Provincial Court closes are 4 PM.

Support is also available via email. The Small Claims E-Filing support email address is

[email protected]. Questions may be sent to this email address at anytime, however,

please allow 1 – 2 business days for a response.

19. Go Live dates

The e-filing system will go live to all jurisdictions across the Province of Newfoundland and Labrador in

the following order:

Jurisdiction Tentative Go Live Date

Happy Valley – Goose Bay Tuesday, May 25th – 2010

Wabush Tuesday, May 25th – 2010

Corner Brook Tuesday, May 25th – 2010

Stephenville Tuesday, May 25th – 2010

Grand Bank Tuesday, May 25th – 2010

Clarenville Tuesday, May 25th – 2010

Gander Tuesday, May 25th – 2010

Grand Falls – Windsor Tuesday, May 25th – 2010

Harbour Grace Tuesday, May 25th – 2010

St. John’s Tuesday, May 25th – 2010