To file a breach of contract claim at the New Brunswick Court of King’s Bench, you must submit a Notice of Action and Statement of Claim, which carries a $100 CAD court filing fee. In New Brunswick, you generally have exactly two years from the date the contract was broken to file your lawsuit under the Limitation of Actions Act.
Contracts are the foundation of every successful business operation. When a supplier fails to deliver goods, a client refuses to pay a major invoice, or a business partner violates a non-compete agreement, the financial impact on your company can be devastating. When negotiations fail, your next logical step is to turn to the civil justice system to recover your losses.
In this guide, we will outline how to file a breach of contract claim in New Brunswick as of 2026. 🔍 We will focus on claims handled by the Court of King’s Bench (for amounts over the $30,000 Small Claims limit). Whether your business is located in Fredericton, Moncton, or Saint John, understanding the litigation process and the associated costs will help you make an informed decision on how to proceed.
Step-by-Step Process in New Brunswick
Civil litigation is heavily governed by the New Brunswick Rules of Court. The process is highly formal, and missing a deadline can result in your case being dismissed. It is highly recommended to have a commercial law firm manage these steps for you.
Step 1: Review the Contract and Assess Damages
Before rushing to court, you must clearly identify what section of the contract was breached and calculate your exact financial losses (damages). 💴 You must also ensure you are within the statute of limitations. In New Brunswick, the general rule is that you have two years from the date you discovered the breach to start legal proceedings. If you wait too long, your claim will be legally barred.
Step 2: Draft and File the Statement of Claim
The lawsuit officially begins when your lawyer drafts a Notice of Action with an attached Statement of Claim (Form 16A). This document outlines who you are suing, what they did wrong, and how much money you are demanding. You must file this document at the local clerk’s office at the Court of King’s Bench. The court will stamp it and assign you a file number.
Step 3: Serve the Defendant
You cannot simply mail a lawsuit. The stamped Statement of Claim must be personally served to the defendant. 📬 If you are suing a corporation, the document must be served to a recognized officer or director, or delivered to their registered corporate address. Once served, a defendant located in New Brunswick has 20 days to file a Statement of Defence. If they are located elsewhere in Canada, they have 40 days.
Step 4: Discovery and Pre-Trial Steps
If the defendant files a defence, the case moves into the discovery phase. Both sides must exchange all relevant documents, including emails, invoices, and internal memos. Afterward, the lawyers will conduct Examinations for Discovery, where they question the opposing parties under oath. Many breach of contract cases settle during or immediately after this phase, avoiding a full trial.
How Much Does it Cost in New Brunswick?
Corporate litigation requires a significant financial investment. 💵 You should carefully weigh the amount of money you are trying to recover against the legal fees you will incur to get it back.
- Court Filing Fees: The basic fee to file a Notice of Action and Statement of Claim at the Court of King’s Bench is $100 CAD.
- Process Server Fees: Hiring a professional to formally serve the documents generally costs between $100 and $250 CAD.
- Law Firm Fees: Commercial litigation lawyers in New Brunswick typically charge an hourly rate of $300 to $550 CAD. Preparing the initial claim usually costs between $2,000 and $5,000 CAD.
- Total Trial Costs: If the case goes all the way through discoveries to a full trial, total legal fees can easily range from $25,000 to $75,000+ CAD per side.
| Litigation Phase | Required Action | Estimated Lawyer Fees (CAD) |
|---|---|---|
| Initiation | Drafting and filing the Statement of Claim | $2,000 – $5,000 |
| Discovery | Document exchange and questioning under oath | $5,000 – $15,000 |
| Trial | Trial preparation and courtroom representation | $15,000 – $50,000+ |
How Long Does the Process Take?
Patience is essential in corporate litigation. 📅 Drafting the claim and serving it usually takes just a few weeks. However, getting through the discovery phase often takes 6 to 12 months, as businesses must compile thousands of documents. If your case does not settle and requires a full trial before a judge, the entire process from filing to final judgment generally takes 2 to 3 years due to the busy schedules at the Court of King’s Bench.
Frequently Asked Questions (FAQ)
What is the limit for Small Claims Court in New Brunswick?
In New Brunswick, the Small Claims Court handles disputes up to $30,000 CAD. If your breach of contract claim is for $30,000 or less, you must use the Small Claims process, which is faster and less formal.
Can I recover my legal fees if I win the lawsuit?
In Canada, the losing party is typically ordered to pay a portion of the winning party’s legal costs. However, this award usually only covers about 40% to 60% of your actual legal bills, not the entire amount.
What happens if the defendant ignores the lawsuit?
If the defendant fails to file a Statement of Defence within the 20-day deadline, your lawyer can apply for a Default Judgment. This means you automatically win the case, and you can begin enforcing the judgment to collect your money.
Do I have to go to court for a breach of contract?
Most likely not. Over 90% of civil litigation cases in New Brunswick settle out of court through negotiation or mediation long before the trial date arrives.
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