Renovation disputes in the Northwest Territories: civil claims up to $35,000 and mandatory mediation

For renovation disputes in the Northwest Territories, the Territorial Court is the usual route for claims of $35,000 or less, and its process is built around settling early.

The limit

The Territorial Court has civil jurisdiction for claims up to $35,000. For a larger claim, you can give up the excess and stay in the Territorial Court, or sue in the Supreme Court.

What goes to the Supreme Court

Disputes that bring into question the title to land or an inheritance, and claims for malicious prosecution, false imprisonment or defamation, go to the Supreme Court whatever the amount.

Mandatory mediation

All civil claims are subject to a mandatory mediation session with a judge under the Civil Claims Rules, in force since January 1, 2017. Come with your documents and a realistic settlement figure.

What to bring to mediation

After a Statement of Claim and a Defence are filed, the Clerk of the Territorial Court sets the mediation date and notifies the parties. It usually takes place in the community where the parties live. Each party must bring every document, photo or report that may be relevant: in a renovation dispute that means the contract or quote, change orders, invoices, proof of payment, dated photos and any repair estimates.

How mediation works

The parties meet privately with a Territorial Court judge. Mediation is confidential: if the case does not settle, nothing said there can be raised at trial, and the mediating judge will not hear the trial. A party who cannot attend can apply to take part by telephone, and the date can be changed by consent or by order; a party who simply does not come and does not tell anyone risks having the claim dismissed. A settlement can be recorded in a Settlement Conference Record and an Agreement. If the other side then does not comply, you can file an Affidavit of Non-Compliance and ask a judge to enter judgment on the agreed terms.

Prevention Checklist

• Check the claim is $35,000 or less, or decide to give up the excess.
• Make sure it is not about land title.
• Prepare for the mandatory mediation session.
• Bring documents and a settlement figure.
• Send a written demand first.
• If you cannot attend mediation, tell the other party and the court and ask to join by phone.
• Get any settlement written into an Agreement so it can be enforced.

References

1. Courts of the Northwest Territories. Civil Claims, Web page, Limit, exclusions, mediation. Accessed 2026-11-01.
2. Government of the Northwest Territories. Territorial Court Act, Civil Claims Rules, Web page, Rules in force 2017; abandoning excess. Accessed 2026-11-01.
3. Courts of the Northwest Territories. Judicial Mediation, Web page, Scheduling, confidentiality, documents, outcomes. Accessed 2026-11-02.

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