NB Small Claims, Eviction & Civil Help

Civil Law in New Brunswick — what to do right now

In New Brunswick, almost every civil problem has a deadline, and the most important one is the basic limitation period under section 5 of the Limitation of Actions Act: you generally have two years from the day you discovered your claim to start a lawsuit, after which the court can throw it out no matter how strong it is. Money disputes of $20,000 or less go to the Small Claims Court of New Brunswick; larger claims go to the Court of King's Bench. If you got a notice to vacate from your landlord, the notice alone does not evict you — most rent and eviction disputes are decided by the Residential Tenancies Tribunal at Service New Brunswick, which is a tribunal, not a court. Do not ignore court papers, do not move out just because you got a notice, and do not assume your deadline has passed without checking. The free hotline is live to help you work out exactly which clock and which forum apply to you — in English or French.

The law in New Brunswick: Civil Law

Civil law in New Brunswick splits across two courts and one busy provincial tribunal. Money disputes worth $20,000 or less — unpaid invoices, unreturned deposits, consumer rip-offs, minor property damage, small debt claims — go to the Small Claims Court of New Brunswick, a streamlined process administered through the Court of King's Bench. Claims for more than $20,000 will not be accepted by the Small Claims Court; larger and more complex civil cases — bigger contract and debt fights, serious personal-injury and medical claims, and class actions — proceed in the Court of King's Bench of New Brunswick (Trial Division) under the Rules of Court. (The court was renamed from the Court of Queen's Bench to the Court of King's Bench in September 2022.) Residential rent disputes and most evictions do not go to either court — they are handled by the Residential Tenancies Tribunal, a Service New Brunswick body that applies the Residential Tenancies Act.

The deadline that catches the most people is the Limitation of Actions Act, SNB 2009, c. L-8.5, which took effect on May 1, 2010. Section 5 sets the basic rule: no claim may be brought after the earlier of two years from the day the claim was discovered, or fifteen years from the day the act or omission on which the claim is based occurred. The two-year clock runs from 'discovery' — and the Supreme Court of Canada, in Grant Thornton LLP v. New Brunswick (2021 SCC 31), held that a claim is discovered once a plaintiff has knowledge (actual or constructive) of the material facts on which a plausible inference of the defendant's liability can be drawn. The fifteen-year ultimate period is an outer backstop that can bar a claim even if you never discovered the harm. A few claims have no limitation period at all: there is no deadline to sue over a sexual assault, and in many situations none for assault or misconduct in an intimate or dependency relationship.

Housing has its own rulebook. Under the Residential Tenancies Act, a landlord who wants to end a tenancy must serve the correct notice for the correct ground, and the notice does not evict anyone on its own. For non-payment of rent, a landlord can serve a Notice to Vacate giving the tenant a short period to leave — but if the tenant pays the rent owing within 7 days of receiving the notice, the notice is no longer valid and the tenancy continues. If a dispute is not resolved, either side can take it to the Residential Tenancies Tribunal, where a Residential Tenancies Officer investigates, mediates, and can issue a binding order. Security deposits in New Brunswick are not held by the landlord at all: a landlord who collects a deposit (capped at the equivalent of one month's rent) must remit it to the Residential Tenancies Tribunal, which holds it until the tenancy ends and decides any claim against it. A landlord generally has seven days from the end of the tenancy to file a claim against the deposit; otherwise it is returned to the tenant.

For debts and contracts, the same two-year clock usually applies: a creditor or collection agency generally has two years from the date the claim was discovered — often your last payment or written acknowledgement — to sue you, and a claim filed after that can be dismissed as statute-barred. But the Act provides that if a debtor acknowledges the right, title, liability or obligation before the limitation period expires, the limitation period begins again from the date of that acknowledgement — so making a payment or admitting a debt in writing can restart the clock, even if you refuse to promise to pay. What ties all of this together is timing: New Brunswick civil law rewards people who identify the right forum and act inside the limitation period, and quietly closes the door on those who wait. Reading a section number is not the same as knowing how it applies to your facts — the free hotline (live now, in English or French) exists to point you at the right clock and the right forum before a deadline runs.

Key Statutes & Rules

Limitation of Actions Act, SNB 2009, c. L-8.5, s. 5 — claim barred after the earlier of 2 years from discovery or 15 years from the act/omission
Limitation of Actions Act, s. 5 — the 2-year clock runs from 'discovery', not necessarily from when the loss happened (Grant Thornton LLP v. New Brunswick, 2021 SCC 31)
Limitation of Actions Act — no limitation period for sexual assault (and many assault/dependency claims)
Limitation of Actions Act — a written acknowledgement of a debt or liability restarts the limitation clock
Residential Tenancies Act, SNB 1975, c. R-10.2 — governs rent, security deposits and most evictions through the Residential Tenancies Tribunal
Rules of Court (NB) — civil procedure in the Court of King's Bench, Trial Division

Courts & Tribunals

Small Claims Court of New Brunswick — civil money claims up to $20,000 (administered through the Court of King's Bench)
Court of King's Bench of New Brunswick (Trial Division) — larger contract, debt, personal-injury and complex civil claims, under the Rules of Court
Residential Tenancies Tribunal (Service New Brunswick) — rent, deposits and most evictions under the Residential Tenancies Act (a tribunal, not a court; formerly the Office of the Rentalsman)
Court of Appeal of New Brunswick — appeals from the Court of King's Bench
Court services are available in English or French — New Brunswick is officially bilingual

Deadlines & Outcomes

2 years from discovery to sue on most civil, debt, contract and injury claims (Limitation of Actions Act, s. 5)
15-year ultimate limitation period from the act or omission, even if the harm was never discovered
$20,000 ceiling on Small Claims Court — claims above that go to the Court of King's Bench
A landlord's Notice to Vacate for unpaid rent is voided if the tenant pays the arrears within 7 days of receiving it
A security deposit (max one month's rent) is held by the Residential Tenancies Tribunal, not the landlord

The Two-Year Limitation Clock Is the Most Dangerous Deadline in New Brunswick Civil Law

More New Brunswick civil claims die on the limitation period than on the merits. Section 5 of the Limitation of Actions Act gives you two years to sue, and starts that clock on the day you 'discovered' the claim — which is often the day the harm happened, but can be later if the damage or its cause was genuinely hidden. People assume they have plenty of time, wait for an insurer or a debtor to 'come around', and then learn the two years quietly expired. Miss it and the court can dismiss even an airtight case as statute-barred. And there is a fifteen-year outer backstop that can bar a claim even if you never knew about the harm. Before you assume your deadline is comfortable, the free hotline (live now in New Brunswick, in English or French) can help you pin down exactly when your clock started and when it runs out.

Likely outcomes & penalties

Real New Brunswick civil outcomes depend heavily on the facts, the forum, and whether you act inside the limitation period. These are realistic ranges under New Brunswick and Canadian law, not promises — and we are not a law firm.

Eviction (Residential Tenancies Tribunal)

A landlord's notice does not evict you on its own. For unpaid rent, a Notice to Vacate is voided if you pay the arrears within 7 days. If a dispute isn't resolved, either side can bring it to the Residential Tenancies Tribunal at Service New Brunswick, where a Residential Tenancies Officer investigates and can issue a binding order. The Tribunal — not a court — decides most rent, deposit and eviction disputes, and you can deal with it in English or French.

Small Claims Court money claim

For disputes up to $20,000, the Small Claims Court of New Brunswick gives you a faster, less formal route built for people without a lawyer. A successful claimant can recover the amount owed plus interest and limited costs; if you're sued and do nothing, the other side can get a default judgment and then enforce it against your wages or bank account. Claims above $20,000 must be filed in the Court of King's Bench instead.

Debt or collection-agency claim

A creditor or collection agency generally has only two years from when the claim was discovered to sue you in New Brunswick; a claim filed after that can be dismissed as statute-barred. But the Limitation of Actions Act lets a written acknowledgement — or a payment — restart the two-year clock from the date you make it, even if you refuse to promise to pay. So what you put in writing to a collector matters.

Personal-injury / accident claim

You generally have two years from when you discovered the injury to sue the at-fault party under the Limitation of Actions Act, with a fifteen-year outer backstop. Auto insurance in New Brunswick includes accident benefits that flow regardless of fault, and those have their own notice and application deadlines. Larger injury claims are heard in the Court of King's Bench under the Rules of Court; the two-year clock is unforgiving, so acting early matters.

Mistakes to avoid

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Assuming you have lots of time to sue — in New Brunswick the basic limitation period is just two years from when you discovered the claim (Limitation of Actions Act, s. 5), and the court can dismiss even a strong case filed one day late as statute-barred.

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Treating a landlord's notice as the eviction itself and moving out — a Notice to Vacate for unpaid rent is voided if you pay the arrears within 7 days, and most rent and eviction disputes are decided by the Residential Tenancies Tribunal, not by the landlord acting alone.

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Ignoring a Small Claims Court claim served on you — if you don't respond, the other side can get a default judgment and move to enforce it against your wages or bank account without ever hearing your side.

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Making a small 'good faith' payment, or putting an admission in writing, on an old debt to a collection agency — in New Brunswick an acknowledgement restarts the two-year limitation clock, reviving a debt that was about to become unenforceable.

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Filing a $25,000 dispute in the Small Claims Court — New Brunswick's Small Claims Court will not accept claims over $20,000, so a larger claim has to start in the Court of King's Bench, and filing in the wrong forum wastes time and money.

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Letting a landlord hold your security deposit or keep it without a decision — in New Brunswick a deposit (capped at one month's rent) must be remitted to and held by the Residential Tenancies Tribunal, and disputes over it are decided there, not in a court.

How it works

Call the free New Brunswick hotline. You can reach a free legal-information line any hour, from anywhere in New Brunswick, in English or French. No income test, no web form, no waiting room — the AI assistant answers live when you call.

Talk to an AI assistant trained on New Brunswick + Canadian law. Explain your eviction notice, Small Claims claim, debt, deposit, contract or injury question in plain words. The assistant gives you clear legal information — your deadlines, your forum, your next move under New Brunswick law — not legal advice. We are not a law firm, and the call creates no lawyer-client relationship.

A paid New Brunswick lawyer consultation is coming soon. Right now the line gives you free legal information; a paid consultation service to connect you with a New Brunswick lawyer is something we're building and will offer soon. For now, the assistant helps you understand your deadlines, your forum, and your next move at no cost.

Free & low-cost Civil Law help in New Brunswick

If you can't afford a lawyer, New Brunswick has free and low-cost legal help — the New Brunswick Legal Aid Services Commission, plain-language public legal information from PLEIS-NB, the courts' own self-help resources, and the Residential Tenancies Tribunal for housing disputes. These are independent resources, not part of our service; the free hotline (live now, in English or French) can help you figure out which one fits and what to ask them.

PLEIS-NB (Public Legal Education and Information Service of New Brunswick)

A non-profit that produces free, bilingual, plain-language legal information for New Brunswickers on housing, debt, family, small claims and more, and runs a toll-free Legal Information Line. Call (506) 453-5369 or toll-free 1-888-236-2444 for legal information in English or French.

New Brunswick Legal Aid Services Commission

The province's legal-aid agency, providing representation to financially eligible people mainly in criminal and certain family matters, with a 24-hour line for people arrested or detained. Offices in Bathurst, Campbellton, Edmundston, Fredericton, Miramichi, Moncton, Saint John and Woodstock.

Small Claims Court of New Brunswick

The official courts portal explaining how to file or defend a Small Claims Court claim of up to $20,000 — the streamlined process for civil money disputes, with forms, fees and step-by-step guidance for self-represented people.

Residential Tenancies Tribunal (Service New Brunswick)

The Service New Brunswick body (formerly the Office of the Rentalsman) that handles security deposits, rent and most eviction disputes under the Residential Tenancies Act. It holds security deposits, investigates complaints and issues binding orders; reach it through Service New Brunswick (irent).

Court of King's Bench of New Brunswick — Rules of Court

The official rules and procedure for larger civil claims (over $20,000) in the Trial Division of the Court of King's Bench, including forms and practice guidance for civil litigation.

FAQ — Civil Law in New Brunswick

How long do I have to sue someone in New Brunswick?

For most civil claims — debt, contract, property damage, personal injury — you have two years from the day you discovered the claim under section 5 of the Limitation of Actions Act. 'Discovered' generally means once you have the facts needed to draw a plausible inference that the other person is liable. There is also a fifteen-year ultimate deadline running from the act or omission itself, which can bar a claim even if you never discovered the harm. A few claims, like sexual assault, have no limitation period at all. The free New Brunswick hotline can help you pin down your exact deadline — in English or French.

I got an eviction notice in New Brunswick — does that mean I have to move out?

Not on its own. A landlord's notice is not an automatic eviction. If it's a Notice to Vacate for unpaid rent, paying the arrears within 7 days of receiving it makes the notice invalid and your tenancy continues. If a dispute isn't resolved, it goes to the Residential Tenancies Tribunal at Service New Brunswick — a tribunal, not a court — where a Residential Tenancies Officer investigates and can issue a binding order. Do not move out just because you received a notice. The hotline (live now, in English or French) can explain your specific notice.

How much can I sue for in the New Brunswick Small Claims Court?

Up to $20,000. A small claim can be for a debt, damages, or the return of property valued at $20,000 or less, and claims for more than that will not be accepted by the Small Claims Court. The Small Claims Court of New Brunswick is administered through the Court of King's Bench and is built for self-represented people. If your claim is worth more than $20,000, it has to start in the Court of King's Bench instead. The free hotline (live now) can help you figure out the right forum.

I was served with a Small Claims Court claim — what do I do?

Do not ignore it. You have a limited time to respond and file your dispute with the court. If you miss that deadline, the person suing you can ask the court for a default judgment and then enforce it — for example against your wages or a bank account — without you ever telling your side. If you think you don't owe the money, or you only owe part, responding protects your right to be heard. The free hotline, live now in New Brunswick, can walk you through your options in English or French.

Can a debt collector still sue me for an old debt in New Brunswick?

Often not. In New Brunswick a creditor or collection agency generally has only two years from when the claim was discovered — often your last payment or written acknowledgement — to sue you under the Limitation of Actions Act. After that, a lawsuit can be dismissed as statute-barred. But be careful: the Act says a written acknowledgement of the debt restarts the two-year clock from the date you make it, even if you refuse to promise to pay — and making a payment can have the same effect. Get clear information before you respond; the hotline (live now) can help.

My landlord won't return my security deposit — what can I do in New Brunswick?

New Brunswick handles deposits differently from many provinces. A landlord can collect a security deposit of no more than one month's rent, but must remit it to the Residential Tenancies Tribunal, which holds it for the duration of the tenancy. At the end of the tenancy the landlord has a short window — generally seven days — to file a claim against the deposit; otherwise it is returned to you. Disputes are decided by the Tribunal at Service New Brunswick, not by a court. The free hotline (live now) can point you to the right application.

What is the Residential Tenancies Tribunal, and is it a court?

It is a Service New Brunswick body — formerly known as the Office of the Rentalsman — that administers the Residential Tenancies Act. It is a tribunal, not a court: its Residential Tenancies Officers advise landlords and tenants, hold security deposits, investigate complaints, mediate disputes and issue binding orders on rent, deposits and most evictions. You deal with it through Service New Brunswick, in English or French. The hotline (live now) can help you understand how to bring or respond to a Tribunal matter.

What's the difference between the Small Claims Court and the Court of King's Bench in New Brunswick?

The Small Claims Court handles civil money claims up to $20,000 in a faster, less formal way that self-represented people can navigate, and is administered through the Court of King's Bench. Larger or more complex civil cases — bigger contract and debt disputes, serious personal-injury and medical claims, and class actions — proceed in the Court of King's Bench of New Brunswick (Trial Division) under the more detailed Rules of Court. (The court was renamed from Queen's Bench to King's Bench in 2022.) Choosing the right forum matters; the free hotline (live now) can help you tell which is which.

Is there really no time limit to sue for sexual assault in New Brunswick?

That's correct. Under New Brunswick's Limitation of Actions Act there is no limitation period for a claim based on a sexual assault — there is no deadline to sue. The same no-limitation rule extends to many claims for assault or misconduct where the claimant was in an intimate relationship with, or in a relationship of dependency on, the person responsible. This is one of the few areas where the two-year clock simply does not apply. For free, plain-language information, the hotline is available now, in English or French.

Can I deal with my New Brunswick legal problem in French?

Yes. New Brunswick is officially bilingual, and the courts and the Residential Tenancies Tribunal provide services in English or French. Public legal information from PLEIS-NB is bilingual too, and the free hotline (live now) lets you get legal information in the language you're most comfortable with. Being able to explain your eviction notice, debt, deposit or injury question in your own language matters, and New Brunswick's system is built to support both.

Is this a law firm, and is it really free?

No — we are not a law firm, and the service is genuinely free, with no income test and no web form. The AI assistant gives you legal information, not legal advice, and using it creates no lawyer-client relationship. A paid consultation service to connect you with a New Brunswick lawyer is coming soon, but it isn't available yet — for now the line gives you free legal information only. The New Brunswick line is live, so you can call and ask the AI assistant as many questions as you like.

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Last updated: 10 June 2026. Reviewed by the Legal Hotline Editorial Team.

General legal information, not legal advice. We research every page from primary sources — legislation, the courts, and government legal-aid bodies — and check it for accuracy against current Canadian federal and provincial law. Spotted something out of date? Tell us at [email protected].

Sued in New Brunswick, Facing the Residential Tenancies Tribunal, or Watching a Two-Year Deadline Close? Get Free Civil Legal Information.