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Mar 23, 2022 · You can find tips on completing forms at the end of this guide. The staff at any Small Claims Court office are helpful. They will answer your questions about Small Claims Court procedures, but keep in mind that they cannot give legal advice and they cannot fill out your forms for you. For more detailed information, you should refer to the Rules ...
- Making a Claim
Please refer to the Parental Responsibility Act, 2000 and...
- After Judgment
Enforcing an order from another Canadian province or...
- Replying to a Claim
The next step is to file the defence (with any supporting...
- Serving Documents
In Small Claims Court, an order made by a judge is generally...
- Getting Ready
For more information about requesting a new trial, refer to...
- Making a Claim
Small Claims Court forms. Electronic versions of forms under the Rules of the Small Claims Court, O. Reg. 258/98, are available in the table below, in a viewable (Adobe PDF) and fillable (Microsoft Word) format. The fillable format can be completed on-line and saved to your computer for future reference.
- Who Attends A Settlement Conference
- If You Cannot Attend on The Date Set For A Settlement Conference
- Attending A Settlement Conference by Telephone Or Video Conference
- Not Attending A Settlement Conference
- Preparing For A Settlement Conference
- What Happens at A Settlement Conference
- Rule For Claims Less Than $3,500
- Settling The Case After The Settlement Conference
- Offer to Settle
- What to Do If You Receive An Offer to Settle
A judge usually presides at the settlement conference. The parties must attend, but the witnesses do notattend. If any of the parties has a representative, the representative may attend as well but the parties must always be there. The people who attend must have the authority to settle the case. For example, if one of the parties is a company, or ...
If you are unable to attend on the date set for the settlement conference, you can ask the court to adjourn the settlement conference and reschedule it on another date. Contact the court office for assistance. If the judge allows the request and makes an order, the clerk will notify the parties of the new settlement conference date. If the settleme...
A settlement conference can be heard or conducted by telephone or video conference if the facilities are available at the court. A party can file a Request for Telephone or Video Conference [Form 1B]. Make the request as soon as you are aware you need this arrangement and indicate the reasons for your request. If the judge grants the request, the c...
If you do not attend the settlement conference, an order can be made against you, including an order requiring you to pay the other party’s costs. The judge can also order you to attend an additional settlement conference. In the event that a defendant fails to attend a settlement conference, a second settlement conference may be scheduled. If the ...
Get organized. The better prepared you are for your settlement conference, the more you may gain from it. Being well prepared may make it possible for you to avoid the expense and risks of having to go to trial. It is a good idea to do most of your preparation before the settlement conference. If you do have a trial, you will simply have to refresh...
The settlement conference will usually be held in an office or meeting room. This is a less formal procedure than a trial and all parties will sit at a table with the judge. The settlement conference is a private meeting. Members of the public are not allowed. Judges may conduct settlement conferences in different ways, but usually the judge will s...
If the claim is for less than $3,500 ($3,500 is the minimum claim that can be appealed according to O. Reg. 626/00 under the Courts of Justice Act), there is a special procedure available to parties who consent to it. The parties can file a signed Consent [Form 13B](before or at the settlement conference) indicating that they wish to have final jud...
Even though you have been through a settlement conference and your case has been set for trial, it does not mean that you have to go to trial. If you keep talking to one another after the settlement conference, and you agree to settle, you can fill out and sign a Terms of Settlement [Form 14D]. File the terms of settlement, signed by all parties, a...
An "Offer to Settle" is the name given to a formal written offer made by one party to the other party. Either party can make a written offer to settle to the other party at any time until a judge disposes of the case. The party may use the Offer to Settle [Form 14A], or may write a letter setting out the terms of the offer. If you have made or rece...
Carefully consider anywritten offer that is made to you. If you do not accept an offer to settle, and if the offer to settle was made at least 7 days before trial,there is a chance that you could end up being penalized with an order for costs made against you. For example: 1. the judge may order extra costs against a defendantwho rejects an offer t...
A small claims court case is a lawsuit between individuals and/or corporations for $35,000 or less. If you want to sue for more than $35,000, you must take your case to the Superior Court of Justice (civil court). Plaintiffs (the person launching the lawsuit) can file documents online using the Small Claims Court E-Filing Service portal or the ...
Plaintiff’s claims. You can file your plaintiff’s claim online through the Small Claims Court E-Filing Service Portal, except if. you are claiming interest of more than 35% per year, or; any of the defendants are under a legal disability. The Rules of the Small Claims Court define a person under a legal disability as: anyone under 18
Reg. 258/98, r. 9.03 (2); O. Reg. 78/06, s. 20 (1). Dispute. (3) The plaintiff may dispute the proposal within 20 days after service of the defence by filing with the clerk and serving on the defendant a request to clerk (Form 9B) for a terms of payment hearing before a referee or other person appointed by the court.
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22 (1) The Small Claims Court is continued as a branch of the Superior Court of Justice under the name Small Claims Court in English and Cour des petites créances in French. R.S.O. 1990, c. C.43, s. 22 (1); 1996, c. 25, s. 9 (17). Same (2) The Small Claims Court consists of the Chief Justice of the Superior Court of Justice who shall
