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An Action for DebtRule 4 in Nova Scotia allows for anaction for debt to be commenced by aparty claiming only on a debt, with nointerest other than prejudgment interestat a rate of 5% a year, to be calculatedonly from the time the debt became due.While an action for debt may be usefulin certain circumstances, the limit on theamount of interest that may be claimedwill not be attractive to many creditors,where the amount of interest owing isfar in excess of the amount that can beclaimed under Rule 4.An Action for Damages Under$100,000Rule 57 in Nova Scotia provides astreamlined approach on claims foractions for damages under $100,000. Inorder for a claim to fall under Rule 57,three requirements must be met: (1) theclaim must be for damages only (i.e. noother relief can be sought from theCourt); (2) the claim for damages mustbe based only on debt, injury toproperty, personal injury, supply ofgoods and services, or losses causedby breach of contract or breach of trust;and (3) the total of all claims (excludingcosts and future interest) must be lessthan $100,000.The discovery examination process foractions under Rule 57 is shortened to alimit of three hours per party.Documentary disclosure is still requiredand Rule 57 allows trial dates to besought once the pleadings have closed.A will-say statement must be filed foreach witness who will be called at trial,with the exception of witnesses whohave been examined on discovery orexpert witnesses. A witness may, exceptin certain circumstances, be limited tothe subjects set out in the will-saystatements.Prince Edward Island – The simplifiedprocedure under Rule 75.1 provides forclaims of $25,000 or less to be broughtpursuant to that Rule, which is intended tobe more cost-effective for creditor collection.The simplified procedure eliminates oralexamination for discovery but provides fordocumentary disclosure prior to trial.Newfoundland and Labrador – Instead ofsimplified procedures, the Rules of theSupreme Court, 1986 provide proceduresfor summary judgments and summary trials.These mechanisms are not based on thedollar value of a claim. Rather, they arebased on the complexity of a matter. Thatis, if the Court is convinced that a matter issuitable for such an attenuated hearing andcan be fairly determined with the assistanceof only affidavit evidence, then the partiescan proceed in a summary fashion.Consequently, these procedures are wellsuited for dealing with debt claims or simplebreaches of contract.Small ClaimsIn addition, “small claims” procedures areavailable in all of the Atlantic Provinces andare limited to claims under certain dollarvalues ($12,500 in New Brunswick, $8,000in Prince Edward Island, $25,000 inNewfoundland and Labrador, and $25,000in Nova Scotia).Enforcement of Creditors’ Rights 136