Small Claims Court Civil | By Lawyers
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Small Claims Court Civil

ON

This publication guides practitioners through the conduct of civil proceedings in the Ontario Small Claims Court.

1 Matter Plan

Overview

The commentary covers the pre-action protocols and practice direction, settlement, initiating and responding to proceedings, default and summary judgment, case management, disclosure, trial and enforcement.

The Reference materials folder includes guidance on electronic signing and remote witnessing, and the Getting the matter underway folder contains essential compliance and client engagement documents. The comprehensive Retainer Instructions ensure that all necessary information is gathered from the client at the outset of the matter.

Precedents in this publication include:

  • Letters to clients explaining the process;
  • Retainer agreements, including contingency fee;
  • Library of notice and demand letters;
  • Library of events for claim;
  • Settlement agreements;
  • Letters and precedents for enforcement of orders.
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1 Matter Plan Included

  • Item icon ALERTS - Nil
  • Item icon Full Commentary - Small Claims Court Civil (ON)
  • Folder icon Reference materials
    • Item icon AI Prompts
    • Item icon Electronic Signing and Remote Witnessing
    • Item icon Further information
  • Item icon Overview and limitation periods
    The Small Claims Court is a branch of the Superior Court of Justice in Ontario. It is a cost-efficient and timely forum for the litigation of legal disputes that fall within its jurisdiction.

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  • Item icon Summary of the process
    Acting for the plaintiff The usual steps when acting for a plaintiff in the Small Claims Court include:

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  • Folder icon A. Getting the matter underway
    • Item icon File cover sheet - Civil litigation
    • Item icon To do list - Small Claims Court Civil - Acting for the Plaintiff
    • Item icon To do list - Small Claims Court Civil - Acting for the Defendant
    • Item icon First steps
    • Item icon Client details, verification, and source of funds
    • Item icon Retainer instructions - Small Claims Court Civil
    • Item icon Retainer instructions - Small Claims Court Civil - Debt collection
    • Item icon Conflict of interest check
    • Item icon Initial letter to client enclosing retainer agreement
    • Item icon Retainer agreement - Ontario
    • Item icon Retainer agreement - Contingency fee - Ontario
    • Item icon Scope of work - Civil Litigation
    • Item icon Prelude to litigation
      As litigation is subject to limitation periods, work on preliminary matters should start as soon as possible. This includes:

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    • Item icon Identifying and investigating the parties involved
      Identifying the opposing parties is an important step that can affect litigation decisions. This step requires determining:

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    • Item icon Letter to client re non-engagement
    • Item icon Time and costs estimates
    • Folder icon If required - Costs disclosure update and a non-engagement letter
      • Item icon Letter to client updating costs disclosure
      • Item icon Non-engagement letter
    • Folder icon General deeds, agreements, execution clauses, and statutory declarations
      • Item icon Deeds and Agreements
      • Folder icon Deeds
        • Item icon Confidentiality deed
        • Item icon Deed for general use
        • Item icon Deed of assignment of agreement
        • Item icon Deed of gift
        • Item icon Deed of guarantee
        • Item icon Deed of release
        • Item icon General deed of indemnity
        • Folder icon Library of standard clauses for deeds
          • Item icon Amendment clause
          • Item icon Confidentiality clause for defined information - All parties
          • Item icon Confidentiality clause for defined information - One party
          • Item icon Confidentiality clause for terms of agreement - All parties
          • Item icon Confidentiality clause for terms of agreement - One party
          • Item icon Costs clause
          • Item icon Counterparts clause
          • Item icon Dispute resolution clause
          • Item icon Events beyond control clause
          • Item icon Governing law and jurisdiction clause
          • Item icon Interpretation clause
          • Item icon No assignment clause
          • Item icon Notices clause
          • Item icon Severance clause
          • Item icon Waiver clause
          • Item icon Whole agreement clause
      • Folder icon Agreements
        • Item icon Agreement for general use
        • Item icon Heads of agreement
        • Item icon Non-disclosure agreement - Formal
        • Item icon Non-disclosure agreement - Informal
        • Folder icon Library of standard clauses for agreements
          • Item icon Amendment clause
          • Item icon Confidentiality clause for defined information - All parties
          • Item icon Confidentiality clause for defined information - One party
          • Item icon Confidentiality clause for terms of agreement - All parties
          • Item icon Confidentiality clause for terms of agreement - One party
          • Item icon Costs clause
          • Item icon Counterparts clause
          • Item icon Dispute resolution clause
          • Item icon Events beyond control clause
          • Item icon Governing law and jurisdiction clause
          • Item icon Interpretation clause
          • Item icon No assignment clause
          • Item icon Notices clause
          • Item icon Severance clause
          • Item icon Waiver clause
          • Item icon Whole agreement clause
      • Folder icon Execution clauses
        • Item icon Execution clauses - Agreements and contracts
        • Item icon Execution clauses - Deeds
      • Folder icon Statutory declaration
        • Item icon Statutory declaration
      • Item icon Standard annexure note for documents
  • Folder icon B. Settling the matter
    • Item icon Settling the matter
      Settling a matter has time and costs saving benefits. The primary incentive to settle a matter is the costs consequence of failing to accept a reasonable offer by the other party. A party who fails to accept an offer to settle that is as favourable or more favourable than the judgment obtained will ...

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    • Item icon Notice and demand letters
      A first step is to write to the other party setting out the nature of the client’s claim, including sufficient particulars so the other party can respond. For example, the date of loss or amount of debt that is being claimed and a description of the incident. A letter of notice or demand letter is ...

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    • Item icon Letter to other side to cease and desist
    • Item icon Letter of demand to other side - Debt collection
    • Item icon Letter of demand to other side - Return of personal property
    • Item icon Letter of notice to other side - Accident
    • Item icon Letter of notice to other side - Slip and fall
    • Item icon Letter to other side's insurer with notice of claim
    • Item icon Letter to other side's lawyer re response to notice letter
    • Folder icon Offers to settle
      • Item icon Offers to settle
        Rule 14 of the Small Claims Court Rules governs offers to settle. Either party may serve on any other party an offer to settle at any time: rr 14.01 and 14.02(1).

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      • Item icon Offer to Settle
      • Item icon Clause - Offer to settle
      • Item icon Letter to other side's lawyer with offer to settle
      • Item icon Letter to other side's lawyer with Calderbank offer
      • Item icon Acceptance of Offer to Settle
      • Item icon Letter to other side's lawyer accepting offer
      • Item icon Notice of Withdrawal of Offer to Settle
      • Item icon Letter to other side's lawyer withdrawing offer to settle
      • Item icon Giving effect to settlement
        If a matter is resolved before trial, then the parties decide on how to effect settlement and the steps required to end the matter, for example, discontinuing proceedings.

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      • Item icon Terms of Settlement
      • Item icon Full and final release
      • Item icon Authority to settle
      • Item icon Letter to other side's lawyer enclosing settlement release
      • Folder icon If required - Dismissal on request for order on consent
        • Item icon Dismissal on request for order on consent
          Under r 11.2.01(1), a party may request a consent order dismissing an action by filing a Request for Clerk’s Order on Consent, form 11.2A. Under r 11.2.01(2), the clerk mails the consent order to the party who requested it.

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        • Item icon Request for Clerk’s Order on Consent
        • Item icon Letter to other side's lawyer to sign request
        • Item icon Letter to other side's lawyer returning signed request
        • Item icon Letter to other side's lawyer enclosing copy of completed request
      • Folder icon If required - Discontinuance or withdrawal by the plaintiff
        • Item icon Discontinuance or withdrawal by the plaintiff
          Under r 11.3.01(1), the plaintiff may discontinue or withdraw a claim against a defendant who fails to file a defence. To do so, the plaintiff:

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        • Item icon Notice of Discontinued Claim
        • Item icon Affidavit of Service
        • Item icon Letter to other side's lawyer enclosing notice of discontinued claim
        • Item icon When defendant’s consent required
          If an action has been started and a Defence has been filed, the defendant’s Consent, form 13B, may need to be filed before a claim can be withdrawn or discontinued: r 13.09.

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        • Item icon Consent
        • Item icon Letter to other side's lawyer to sign consent
        • Item icon Letter to other side's lawyer returning signed consent
  • Folder icon C. Going to court
    • Item icon Going to court
      Starting an action in the Small Claims Court Under r 6.01(1) of the Small Claims Court Rules, an action in the Small Claims Court must be commenced:

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    • Item icon Practice Directions, Presumptive Guidelines, Notices, Rules and Forms – Superior Court of Justice
    • Item icon Pleadings
      Pleadings are a party’s originating documents. They set out the facts, legal claims, and remedies sought by the party.

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    • Item icon Plaintiff’s claim
      A plaintiff commences an action in the Small Claims Court by filing a Plaintiff’s Claim, form 7A, with the clerk of the court: r 7.01(1). In addition to a Plaintiff’s Claim, a plaintiff who:

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    • Item icon Plaintiff's Claim
    • Folder icon Library of clauses for claim
      • Item icon Claim pleading against company and guarantor
      • Item icon Claim pleading breach of warranty in Agreement of Purchase and Sale
      • Item icon Claim pleading debt recovery lawyer's costs
      • Item icon Claim pleading deposit forfeiture
      • Item icon Claim pleading for goods sold and delivered
      • Item icon Claim pleading for motor vehicle accident - Damage to property
      • Item icon Claim pleading for personal injury - Motor vehicle accident
      • Item icon Claim pleading for personal injury - Other than motor vehicle accident
      • Item icon Claim pleading money lent
    • Folder icon If required - Proceedings against a partnership
      • Item icon Partnerships
        Under r 5.01, a proceeding by or against 2 or more persons as partners can be commenced using the partnership’s firm name. In a proceeding against a partnership using the firm name:

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      • Item icon Notice to Alleged Partner
    • Folder icon If required - Persons under a legal disability
      • Item icon Persons under a legal disability
        Legal disability under r 1.02(1) of the Small Claims Court Rules includes a party who is:

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      • Item icon Litigation guardians
        Under r 4.03 of the Small Claims Court Rules, any person who is not under a disability can be a plaintiff’s or defendant’s litigation guardian, subject to the restrictions listed in r 4.03(2). A litigation guardian has a duty to:

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      • Item icon Consent to Act as Litigation Guardian
    • Folder icon Filing
      • Item icon Filing documents
        Documents may be filed with the clerk of the court either:

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      • Item icon Small Claims Court E-Filing Service Portal
        The Small Claims Court E-Filing Service Portal is found on the ServiceOntario website. Rule 1.05.3 of the Small Claims Court Rules governs the use of the Small Claims Court E-Filing Service Portal.

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      • Item icon Small Claims Court E-Filing Service Portal – ServiceOntario
      • Item icon Small Claims Court Submissions Online Portal
        Rule 1.05.4 of the Small Claims Court Rules governs the use of the Small Claims Court Submissions Online Portal. The Small Claims Court Submissions Online Portal is found on the Justice Services Online website. A party must create a sign-in account to access the portal.

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      • Item icon Small Claims Court Submissions Online Portal – Ontario CA
      • Item icon Emailing documents to the court
        Parties can email documents to the relevant Small Claims Court using the email address on the Superior Court of Justice Email Accounts for Small Claims Court Locations webpage. Documents required within 5 business days must be submitted to the Small Claims Court by email or in person.

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      • Item icon Email Accounts for Small Claims Court Locations – Superior Court of Justice
    • Folder icon Service
      • Item icon Service
        Rule 8 of the Small Claims Court Rules governs service of documents for Small Claims Court actions. A Plaintiff’s Claim or Defendant’s Claim must be served:

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      • Item icon Letter of instruction to process server
      • Item icon Proof of service
        Proof of service of a document must be given in accordance with r 8.09.1 unless provided otherwise by the Rules or a court order. Proof of service is established by an Affidavit of Service, form 8A: r 8.09.1(2).

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      • Item icon Affidavit of Service
      • Item icon Lawyer or Paralegal’s Certificate of Service
      • Item icon Letter to other side's lawyer enclosing document
      • Folder icon If required - Motion for substituted service
        • Item icon Substituted service
          Under r 8.04, the court may allow substituted service of a claim when a party can show that prompt service personally or by an alternative to personal service is impractical. A party seeking an order for substituted service brings a motion without notice. See Motions without notice.

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        • Item icon Notice of Motion and Supporting Affidavit
        • Item icon Clause - Affidavit in support of motion for substituted service
      • Folder icon If required - Motion to extend time periods
        • Item icon Extending time periods
          Under r 3.01 of the Small Claims Court Rules:

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        • Item icon Notice of Motion and Supporting Affidavit
        • Item icon Consent
        • Item icon Letter to other side's lawyer to extend time period for service and filing
        • Item icon Letter to other side's lawyer agreeing to extend time period
        • Item icon Letter to other side's lawyer enclosing notice of motion
      • Folder icon If required - Notice of change of address
        • Item icon Notice of change of address
          Each party is required to update the court and other parties of any change in their address. Under r 8.09(1), a party whose address for service has changed must notify the court and other parties within 7 days after the change.

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        • Item icon Letter to court with notice of change of address
        • Item icon Letter to other side's lawyer with notice of change of address
      • Item icon Letter to other side's insurer enclosing claim
    • Folder icon If required - Listing additional parties
      • Item icon Listing all the parties
        Under r 1.06(3), if a form prescribed under the Rules does not provide enough space to list all the parties to the action on the first page, then a party can list the remaining parties in an Additional Parties, form 1A, attached to it.

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      • Item icon Additional Parties
    • Folder icon Defence
      • Item icon Defence
        A defendant disputes a Plaintiff’s Claim by completing a Defence, form 9A: r 9.01. Defending an action begins once the other party has been properly served with the originating process, that is, a Plaintiff’s Claim. However, work on the matter often starts on receipt of a demand letter ...

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      • Item icon Defence
      • Item icon Affidavit of Service
      • Item icon Example content - Defence
      • Item icon Letter to other side's lawyer serving defence
      • Folder icon If required - Admission of liability and proposal for payment
        • Item icon Admission of liability and proposal for payment
          In their Defence form, a defendant may admit full or partial liability for the Plaintiff’s Claim and propose terms of payment: r 9.03(1). This admission and payment proposal can relate only to part of the claim. The defendant can still file a defence to the remainder of the claim.

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        • Item icon Clause - Proposal for payment
        • Item icon Letter to other side's lawyer enclosing proposal for payment
        • Item icon Letter to other side's lawyer accepting proposal for payment
      • Folder icon If required - Notice of default under the proposal for payment
        • Item icon Notice of default under the proposal
          Should the defendant fail to make payment in accordance with the proposal, the plaintiff can serve a Notice of Default of Payment, form 20L, on the defendant under r 9.03(2)(b). The plaintiff then must give the defendant a further 15 days following service of this default notice to ...

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        • Item icon Notice of Default of Payment
        • Item icon Affidavit of Service
        • Item icon Letter to other side's lawyer enclosing notice of default under proposal
        • Item icon Affidavit of Default of Payment
      • Folder icon If required - Disputing the proposal
        • Item icon Disputing the proposal
          A plaintiff who disputes the proposal outlined in the defendant’s Defence form can, within 20 days after service of the defence:

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        • Item icon Request to Clerk
        • Item icon Affidavit of Service
        • Item icon Letter to other side's lawyer enclosing copy of request for terms of payment hearing
        • Item icon Financial Information Form
        • Item icon Letter to other side's lawyer enclosing completed financial information form
        • Item icon Terms of payment hearing
          At the hearing, the court can make an order stating terms of payment by the defendant: r 9.03(5). Unless the order states otherwise, should the defendant not comply with the order the plaintiff can file an Affidavit, form 15B, swearing to the default and the unpaid balance amount. The ...

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        • Item icon Affidavit
    • Folder icon If required - Defendant’s claim
      • Item icon Defendant’s claim
        Under r 10.01(1) of the Small Claims Court Rules, the defendant is entitled to make a claim against:

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      • Item icon Defendant's Claim
      • Item icon Affidavit of Service
      • Item icon Letter to other side's lawyer serving defendant's claim
    • Folder icon If required - Defence to defendant’s claim
      • Item icon Defence to defendant’s claim
        The plaintiff, within 20 days after being served, dispute the claim by:

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      • Item icon Defence
      • Item icon Affidavit of Service
      • Item icon Letter to other side's lawyer serving defence to defendant's claim
    • Folder icon If required - Third party defence
      • Item icon Third party defence
        A third party, within 20 days after receiving the Defendant’s Claim, may dispute the Plaintiff’s Claim by:

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      • Item icon Defence
      • Item icon Affidavit of Service
      • Item icon Letter to other side's lawyer serving third party defence
    • Folder icon If required - Notice of ceasing to be a representative
      • Item icon Ceasing to be a representative
        Under r 1.09 of the Small Claims Court Rules, a representative who stops representing a person in a proceeding must notify the court in writing of:

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      • Item icon Letter to court with notice of ceasing representation of party
      • Item icon Letter to other side's lawyer with notice of ceasing representation of party
    • Folder icon If required - Transfer of proceedings
      • Item icon Transfer to Small Claims Court
        Under s 23(2) of the Courts of Justice Act 1990, the registrar of the Superior Court can transfer a proceeding to the Small Claims Court if:

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      • Item icon Requisition
  • Folder icon D. Default proceedings, dismissal, discontinuance and withdrawal
    • Item icon Default proceedings, dismissal, discontinuance and withdrawal
      An action in the Small Claims Court may be:

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    • Folder icon Noting in default
      • Item icon Noting in default
        Under r 11.01(1), the clerk of the court may note a defendant in default when:

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      • Item icon Letter to other side warning of noting in default
      • Item icon Request to Clerk
      • Item icon Affidavit for Jurisdiction
      • Item icon Consequences of noting in default
        Under r 11.05, a defendant noted in default:

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      • Item icon Letter to client re defendant is noted in default
      • Folder icon Motion to set aside noting in default
        • Item icon Motion to set aside noting in default
          Under r 11.06, a party can make a motion to set aside a noting in default. The court will set aside the noting in default if satisfied:

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        • Item icon Notice of Motion and Supporting Affidavit
        • Item icon Clause - Affidavit in support of motion to set aside noting in default or default judgment
        • Item icon Affidavit of Service
        • Item icon Letter to other side's lawyer enclosing notice of motion
    • Folder icon Default judgment
      • Item icon Default judgment
        The procedure for obtaining default judgment depends on whether the Plaintiff’s Claim is for a known amount of money, or an unknown or unclear amount. For a known, exact amount of damages, a plaintiff can seek an award for a liquidated demand.

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      • Folder icon Liquidated demand
        • Item icon Liquidated demand
          A plaintiff who knows the exact amount of damages and has the documentation to prove a claim for that amount, for example, a receipt or invoice, can seek an award for a liquidated demand in money. Under r 11.02(1), the clerk of the court may sign a Default Judgment, form 11B, in respect ...

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        • Item icon Default Judgment
      • Folder icon Unliquidated demand
        • Item icon Unliquidated demand
          When the exact amount of damages is unknown or unclear, under r 11.03(2) of the Small Claims Court Rules a plaintiff seeking default judgment for an unliquidated demand can:

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        • Folder icon Motion in writing for damages assessment
          • Item icon Procedure for motion in writing for damages assessment
          • Item icon Notice of Motion and Supporting Affidavit
        • Folder icon Request for assessment hearing
          • Item icon Procedure for request for assessment hearing
          • Item icon Request to Clerk
    • Item icon Stay or dismissal by court
      Under s 106 of the Courts of Justice Act 1990, the court can stay any proceeding on terms it considers just. Under r 12.02(3) of the Small Claims Court Rules, the court can initiate and make an order staying or dismissing an action if:

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    • Folder icon Dismissal on request for order on consent
      • Item icon Dismissal on request for order on consent
        Under r 11.2.01(1), a party may request consent orders dismissing an action by filing a Request for Clerk’s Order on Consent, form 11.2A. See Request for order on consent.

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      • Item icon Request for Clerk’s Order on Consent
      • Item icon Letter to other side's lawyer to sign request to dismiss
      • Item icon Letter to other side's lawyer returning signed request to dismiss
      • Item icon Letter to other side's lawyer with copy of fully executed request to dismiss
    • Folder icon Discontinuance or withdrawal by the plaintiff
      • Item icon Discontinuance or withdrawal by the plaintiff
        Under r 11.3.01(1), the plaintiff may discontinue or withdraw a claim against a defendant who fails to file a defence. To do so, the plaintiff:

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      • Item icon Notice of Discontinued Claim
      • Item icon Affidavit of Service
      • Item icon Letter to other side's lawyer enclosing notice of discontinued claim
      • Item icon When defendant’s consent required
        If an action has been started and a Defence has been filed, the defendant’s Consent, form 13B, may need to be filed before a claim can be withdrawn or discontinued: r 13.09.

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      • Item icon Consent
      • Item icon Letter to other side's lawyer to sign consent to discontinuance
      • Item icon Letter to other side's lawyer returning signed consent to discontinuance
      • Item icon Letter to other side's lawyer confirming filing of discontinuance with consent
  • Folder icon E. Motions
    • Item icon Motions
      Rule 15 of the Small Claims Court Rules governs motions. A motion is a request for the court to make an order. Typically, motions are made before final judgment in an action.

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    • Item icon Practice Directions, Presumptive Guidelines, Notices, Rules and Forms – Superior Court of Justice
    • Folder icon Motions with notice
      • Item icon Motions with notice
        Under r 15.01 of the Small Claims Court Rules, the moving party brings a motion with notice by:

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      • Item icon Letter to other side's lawyer requesting availability for hearing
      • Item icon Letter to other side's lawyer replying with availability for hearing
      • Item icon Notice of Motion and Supporting Affidavit
      • Item icon Affidavit of Service
      • Item icon Letter to other side's lawyer enclosing notice of motion
      • Item icon Parties’ responses
        A party may respond to a Notice of Motion and Supporting Affidavit using an Affidavit, form 15B. At least 2 days before the hearing date the responding party must file:

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      • Item icon Affidavit
      • Item icon Letter to other side's lawyer enclosing response to motion
    • Folder icon Motions without notice
      • Item icon Motions without notice
        Under r 15.03(1) of the Small Claims Court Rules, a motion can be brought without notice if the circumstances make notice unnecessary or not reasonably possible. For example, notice of a motion may not be:

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      • Item icon Notice of Motion and Supporting Affidavit
      • Item icon Letter to other side's lawyer enclosing order and notice of motion
      • Item icon Affidavit of Service
    • Folder icon If required - Request for hearing by telephone or video conference
      • Item icon Request for hearing by telephone or video conference
        A party can request to have a motion heard by telephone or video conference by filing a Request for Telephone or Video Conference form 1B. The requesting party must include the reasons for their request in the form: r 1.07(2). The judge considers the balance of convenience between the ...

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      • Item icon Request for Telephone or Video Conference
    • Item icon Motion to strike out or amend a document
      The court can make an order to strike out or amend a claim, defence, motion, or other document. Under r 12.02(1) of the Small Claims Court Rules, a party can bring a motion to strike out or amend any document that:

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    • Item icon Motion to set aside
      Under r 11.06 of the Small Claims Court Rules, a party can bring a motion to set aside:

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    • Item icon Court dismissal of a motion
      Under r 12.02(7), the court can initiate an order to stay or dismiss a motion that appears:

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    • Item icon Costs of a motion
      The court can award the costs of a motion to the successful party. Under r 15.07, the court can make an order for costs of a motion to a maximum of $100, excluding disbursements, or higher in special circumstances.

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  • Folder icon F. Preparing for trial
    • Item icon Settlement conference
      Rule 13 of the Small Claims Court Rules governs settlement conferences. A settlement conference is mandatory in every defended action: r 13.01(1). However, it is not mandatory when the defence includes an admission of liability and proposed terms of payment: r 13.01(4).

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    • Item icon List of Proposed Witnesses
    • Item icon Letter to other side's lawyer enclosing documents for settlement conference
    • Item icon Affidavit of Service
    • Folder icon If required - Request for hearing by telephone or video conference
      • Item icon Conference arrangements and conduct
        A party and their representative, if any, must attend a settlement conference in person or by telephone or video conference: r 13.02(1). A judge or deputy judge presides at the settlement conference. The presiding judge at a settlement conference does not preside at the trial: r 13.08. A ...

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      • Item icon Request for Telephone or Video Conference
    • Folder icon If required - Consent to final judgment
      • Item icon Consent to final judgment
        When the amount in dispute is $3,500 or less, under r 13.05(4) the parties can file a Consent, form 13B, at or before the settlement conference to request a final judgment of the matter at the settlement conference.

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      • Item icon Consent
      • Item icon Letter to other side's lawyer enclosing consent to final judgment for execution
      • Item icon Letter to other side's lawyer returning executed consent to final judgment
    • Item icon Request for trial date
      At or after the settlement conference, the clerk of the court gives the parties notice that one of them must request a trial date within 30 days after the settlement conference if the matter is not resolved: r 13.07. The requesting party then files a Request to Clerk, form 9B, for a ...

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    • Item icon Request to Clerk
    • Item icon Evidence at trial
      Evidence presented in the Small Claims Court is governed by s 27 of the Courts of Justice Act 1990, in addition to the Small Claims Court Rules.

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    • Item icon Letter to other side's lawyer enclosing evidence for trial
    • Item icon Example content - Written statement from non-expert witness
    • Item icon Example content - Written statement from expert witness
    • Folder icon If required - Summons to witness
      • Item icon Summons to witness
        A party may serve a Summons to Witness, form 18A, on a person they require to attend the trial: r 18.03(1). A Summons to Witness must:

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      • Item icon Summons to Witness
      • Item icon Affidavit of Service
      • Item icon Letter to plaintiff's witness enclosing summons and attendance fee
      • Item icon Letter to defendant's witness enclosing summons and attendance fee
    • Item icon Prohibition on disclosures from settlement conference
      Under r 13.03(4), nothing said during a settlement conference can be disclosed at the trial of the matter without the parties’ consent.

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  • Folder icon G. Trial
    • Item icon Trial
      Section 25 of the Courts of Justice Act 1990 requires the Small Claims Court to:

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    • Item icon Letter to client confirming trial date
    • Item icon Letter to other side's lawyer confirming trial date
    • Item icon Costs
      Rule 19 of the Small Claims Court Rules governs costs. Under r 19.01, the successful party is entitled to have reasonable disbursements paid by the unsuccessful party.

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    • Item icon Interest
      Interest on money awards includes:

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    • Item icon Letter to client reporting outcome of trial
    • Folder icon If required - Appeals
      • Item icon Appeals
        Rule 61 of the Rules of Civil Procedure governs appeals from Small Claims Court proceedings. Under s 31 of the Courts of Justice Act 1990, an appeal from a final order by a trial judge at a Small Claims Court proceeding is made to the Divisional Court, which is a branch of the Superior ...

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      • Item icon Notice of Appeal to the Divisional Court
      • Item icon Appellant’s Certificate Respecting Evidence
      • Item icon Letter to client confirming notice of appeal filed
    • Folder icon If required - New trial
      • Item icon New trial
        Under r 17.04(1) of the Small Claims Court Rules, a party has 30 days after the trial judge makes a final order to bring a motion in the Small Claims Court for a new trial. In accordance with r 17.04(2), the party bringing the motion must serve and file:

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      • Item icon Notice of Motion and Supporting Affidavit
      • Item icon Affidavit of Service
      • Item icon Requesting the transcript
        A party requests a transcript by submitting an order and payment through the Authorized Court Transcriptionists for Ontario registry website. The following information is required to complete the order:

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      • Item icon Letter to client confirming motion for new trial filed
      • Item icon Letter to other side's lawyer enclosing motion for new trial
      • Item icon Letter to other side's lawyer enclosing transcript
  • Folder icon H. Enforcement of orders
    • Item icon Enforcement of orders
      Rule 20 of the Small Claims Court Rules outlines procedures for the enforcement of court orders.

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    • Item icon Letter to plaintiff client with enforcement methods if debtor defaults
    • Item icon Letter to defendant client advising to comply with order
    • Folder icon Certificate of judgment
      • Item icon Certificate of Judgment
        When a debtor defaults under an order for payment, the creditor can request the clerk of the court in which the order was granted to issue a Certificate of Judgment, form 20A. They do this by submitting an Affidavit for Enforcement Request, form 20P, to the clerk of that court: ...

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      • Item icon Affidavit for Enforcement Request
    • Folder icon Notice of examination
      • Item icon Notice of examination
        Under r 20.10(1), a creditor can ask the clerk of the court in the territorial division in which a defaulting debtor resides or carries on business to issue a Notice of Examination, form 20H, to the debtor. This notice allows a creditor to determine what assets of the debtor could be used ...

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      • Item icon Affidavit for Enforcement Request
      • Item icon Notice of Examination
      • Item icon Certificate of Judgment
      • Item icon Financial Information Form
      • Item icon Affidavit of Service
      • Item icon Letter to other side's lawyer enclosing notice of examination - Debtor is an individual
      • Item icon Letter to other side's lawyer enclosing notice of examination - Debtor is not an individual
      • Item icon Letter to other side's lawyer enclosing financial information form
      • Item icon Example content - Examination hearing preparation r 20.10(4) topics
    • Folder icon Writ of seizure and sale of personal property
      • Item icon Writ of Seizure and Sale of Personal Property
      • Item icon Affidavit for Enforcement Request
      • Item icon Writ of Seizure and Sale of Personal Property
      • Item icon Documents to file with the enforcement office
        The person entitled to delivery of the personal property files the signed writ and affidavit for enforcement with the enforcement office.

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      • Item icon Direction to Enforce Writ of Seizure and Sale of Personal Property
      • Folder icon Renewal of writ
        • Item icon Duration and renewal of writ
          A Writ of Seizure and Sale of Personal Property under the Rules is enforceable for 6 years after its issue date: r 20.06(2). The creditor can renew the writ before it expires by filing a Request to Renew Writ of Seizure and Sale, form 20N, under r 20.06(3).

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        • Item icon Request to Renew Writ of Seizure and Sale
    • Folder icon Writ of seizure and sale of land
      • Item icon Writ of seizure and sale of land
        If a debtor under an order for the payment of money does not comply with the order, the creditor can request the clerk of the court to issue a writ of seizure and sale of land under r 20.07(1). The creditor must make the request to the clerk by submitting the following forms:

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      • Item icon Affidavit for Enforcement Request
      • Item icon Writ of Seizure and Sale of Land
      • Folder icon Renewal of writ
        • Item icon Renewal of writ
          A writ of seizure and sale of land issued under the Rules is enforceable for 6 years after its issue date: r 20.07(3). The creditor can renew the writ by filing a Request to Renew Writ of Seizure and Sale, form 20N, under r 20.07(4).

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        • Item icon Request to Renew Writ of Seizure and Sale
    • Folder icon Writ of delivery
      • Item icon Writ of delivery
        When a person refuses to return personal property under an order for its delivery, the person entitled to delivery can enforce the order by a writ of delivery: r 20.05(1) of the Small Claims Court Rules.

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      • Item icon Affidavit for Enforcement Request
      • Item icon Writ of Delivery
    • Folder icon Notice of garnishment
      • Item icon Notice of Garnishment
      • Item icon Affidavit for Enforcement Request
      • Item icon Notice of Garnishment
      • Item icon Certificate of Judgment
      • Item icon Affidavit of Service
      • Item icon Garnishee's Statement
      • Item icon Letter to debtor enclosing notice of garnishment
      • Item icon Letter to debtor's lawyer enclosing notice of garnishment
      • Item icon Letter to garnishee enclosing notice of garnishment
      • Item icon Termination of garnishment
        Once a creditor has enforced payment of an order by garnishment, they must serve a Notice of Termination of Garnishment, form 20R, on the garnishee and clerk of the court: r 20.08(20.2).

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      • Item icon Notice of Termination of Garnishment
      • Folder icon Requesting a garnishment hearing
        • Item icon Requesting a garnishment hearing
          Under r 20.08(15), the creditor, debtor, garnishee, or any other interested party can request the clerk of the court to schedule a garnishment hearing. Once the hearing is scheduled, the requesting party then must:

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        • Item icon Notice of Garnishment Hearing
        • Item icon Affidavit of Service
        • Item icon Letter to debtor enclosing notice of garnishment hearing
        • Item icon Letter to debtor's lawyer enclosing notice of garnishment hearing
        • Item icon Letter to garnishee enclosing notice of garnishment hearing
  • Folder icon I. Finalizing the matter
    • Item icon Finalizing the matter
      Once negotiations or court proceedings are completed, the terms of settlement or orders are implemented and, if necessary, enforcement action is taken. When the matter is finalized, a letter advising the client of the outcome is sent, and the file can be closed.

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    • Item icon Letter to client finalizing the matter
    • Item icon Invoice recital - Civil litigation
    • Item icon Closing the file
    • Item icon File closing checklist
  • Item icon Comments and suggestions for By Lawyers

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