If you’re involved in a Small Claims Court case in Ontario, there may be times when you need to ask the court for specific action before the final hearing. This is done by filing a motion—a formal request for the judge to make a decision on an issue before or during the trial.

Filing a motion can help with delays, evidence disputes, requesting extensions, or even dismissing a claim. This guide explains when to file a motion, how the process works, and what to include in your motion documents.

1. What Is a Motion in Small Claims Court?

A motion is a legal request asking the judge to make a ruling on a specific issue before the final hearing.

📌 Common reasons to file a motion:

• Requesting an extension of time to file documents.
• Asking the court to dismiss a claim if it lacks merit.
• Requesting a default judgment if the other party failed to respond.
• Seeking permission to submit late evidence.
• Asking the court to set aside a default judgment.
• Requesting a payment schedule for a judgment.

🚨 Not every issue requires a motion—some can be resolved informally. Always consult legal guidance before filing.

For more details, check Understanding Small Claims Court Procedures.

2. When Should You File a Motion?

You should file a motion when you need a judge to make a ruling on a procedural or legal issue before trial or enforcement of a judgment.

📌 Situations where filing a motion may help:✅ You missed a court deadline and need an extension.✅ You want to strike out evidence submitted unfairly.✅ You believe the other party’s claim has no merit and should be dismissed.✅ You need the court to enforce or modify an order.✅ The defendant failed to respond, and you want a default judgment.

🚀 Filing a motion early can save time and legal costs by resolving issues before trial.

For legal assistance, contact Carson Frankum.

3. Steps to File a Motion in Small Claims Court

Filing a motion involves preparing documents, serving the other party, and attending a hearing.

📌 Step 1: Complete the Motion Form

• Use Form 15A – Notice of Motion and Supporting Affidavit (available here).
• Clearly state what you are asking the court to do.
• Attach supporting evidence (e.g., contracts, emails, court documents).

📌 Step 2: Serve the Motion on the Other Party

• Deliver a copy of the motion to the opposing party by personal service, email, or mail.
• Keep proof of service (e.g., an Affidavit of Service – Form 8A).

📌 Step 3: File the Motion with the Court

• Submit your motion in person or online at your local Small Claims Court.
• Pay the filing fee (typically $40–$100, depending on the motion).

📌 Step 4: Attend the Motion Hearing

• The court will schedule a hearing where both sides present arguments.
• The judge will either grant, deny, or modify your request.

🚨 Missing deadlines or serving documents incorrectly can result in delays or dismissal.

For help preparing your motion, check How to Draft Strong Legal Arguments.

4. What Happens at a Motion Hearing?

At the motion hearing, the judge will review the motion, hear arguments, and make a decision.

📌 What to expect at the hearing:✅ The moving party (you) presents their case first.✅ The opposing party can respond and challenge the motion.✅ The judge may ask questions before making a ruling.✅ A decision is usually given immediately or within a few days.

🚨 The judge’s ruling on a motion is final, but it may be appealed in some cases.

For guidance on court hearings, check What to Expect at a Small Claims Trial.

5. What If Your Motion Is Denied?

If the court denies your motion, you may still proceed with your case or explore other legal options.

📌 What you can do if your motion is denied:✅ Refine your arguments and refile (if procedural errors were made).✅ Negotiate a settlement with the other party instead of going to trial.✅ Consider appealing the decision if legal errors were made.✅ Prepare for trial and focus on presenting strong evidence.

🚨 Not all motions are appealable. A paralegal can advise you on your best options.

For legal assistance, contact Carson Frankum for expert advice.

Final Thoughts: Filing a Motion Can Strengthen Your Case

📌 Key Takeaways:

• Motions help resolve key issues before or during Small Claims Court cases.
• You must complete Form 15A and properly serve the other party.
• A motion hearing allows both sides to argue their case before a judge.
• If your motion is denied, you may still proceed to trial or explore settlement options.

🚀 Need help with a Small Claims Court motion? Contact Carson Frankum today for expert legal guidance.

‍