Small Claims Court Proceedings (ON)This practice note discusses proceedings conducted in the Ontario Small Claims Court. It also includes forms, checklists, and flowcharts.
It provides the process, procedures and time limits for commencing a claim (including the court's jurisdiction to hear an action, how to issue the claim, electronic issuing of the claim, and when a claim will be automatically dismissed); defending a claim (including filing and serving a defence and a defendant's claim, if desired, or admitting liability and agreeing to a payment plan, and what happens to a defendant's claim if the plaintiff's claim is automatically dismissed); amending pleadings; serving pleadings and other non-commencement documents (including methods of service, time limits, extra-provincial service, proof of service, service where a party cannot be found, and completion of service); default proceedings (including noting the defendant in default, obtaining default judgment by a motion in writing or an assessment hearing, bringing a motion to set aside noting in default or default judgment and dismissal by clerk as a result of abandonment); motions in small claims court (including what must be included in a notice of motion, supporting affidavit and responding affidavit); settlement conferences; and offers to settle (including what the cost consequences are for a failure to accept an offer to settle).