Small Claims Court

Can a Small Claims case be dismissed because nothing happened for too long?

Last updated October 7, 2026.

Yes. Under rule 11.1.01 of the Rules of the Small Claims Court, the clerk must dismiss an action for delay if, by the second anniversary of the day it started, no order has ended the case, the plaintiff has taken no step to get judgment against a defendant in default, and nobody has requested a trial date. A dismissed claim can be restored by a judge on a motion, or by a clerk's order if every party consents.

The dismissal is automatic: no one has to ask for it, and the rules do not require the clerk to warn you first. The order simply arrives once the deadline passes. If your claim has gone quiet, or you are a defendant wondering whether a stalled case against you is still alive, our page on help with Small Claims Court cases explains how Carson Frankum, a licensed paralegal in Hamilton, works on files like this one.

How does a dismissal for delay happen, step by step?

The rule sits in Rule 11.1 of the Rules of the Small Claims Court (O. Reg. 258/98), and the Ministry of the Attorney General's guide to Small Claims procedures describes the same process in plain terms. Here is the usual order of events.

The clerk issues the claim. An action starts when the plaintiff files a Plaintiff's Claim (Form 7A), and the clerk issues it by dating, signing and sealing it and giving it a court file number (rules 7.01 and 7.02). The two-year clock runs from this date.
The plaintiff serves the claim. A claim must be served within six months after it is issued, though the court can extend that time before or after the six months pass (rule 8.01(2)). The provincial guide points out that serving on time helps you avoid a dismissal for delay later. If you are the one who was served, our page on what to do when you are served with a Plaintiff's Claim covers your side.
The defendant files a defence, or does not. The guide says a defendant has 20 days after being served to file a defence. From here the case splits into two paths, and each path has its own step that stops the clerk from dismissing.
If there is no defence, the plaintiff must push for judgment. Being noted in default (Form 9B) is not enough on its own. For a fixed debt, such as an unpaid invoice, the plaintiff asks the clerk to sign a default judgment (rule 11.02). For an amount a judge must decide, such as property damage, the plaintiff files a motion in writing for an assessment of damages or requests an assessment hearing (rule 11.03). Either step keeps the clerk's dismissal away.
If there is a defence, the case goes to a settlement conference. It should be held within 90 days after the first defence is filed (rule 13.01(3)). If the case does not settle, the clerk gives the parties a notice that one of them must request a trial date and pay the fee if the action is not disposed of within 30 days after the conference (rule 13.07).
Someone has to request the trial date. The court does not set a trial on its own. A party files a request to the clerk (Form 9B) and pays the trial fee: $308 for most claimants, or $403 for a frequent claimant (O. Reg. 332/16). Our page on what happens at a Small Claims trial explains the steps that follow.
At the second anniversary, the clerk acts. If none of those steps has happened and no exception applies, the clerk makes an order dismissing the action for delay and serves a copy on the parties (rule 11.1.01(1) and (3)).
Any defendant's claim follows 60 days later. If the defendant had made its own claim, it is deemed dismissed 60 days after the dismissal order is served, unless the court orders otherwise within that 60-day window (rule 11.1.02).

Most cases land here at step 6: people leave the settlement conference expecting the court to set a trial date. It does not. The rule 13.07 notice means the next move is yours.

Does the clerk's two-year dismissal apply to your case?
Where the case stands at the second anniversary	Dismissed for delay?	Rule
Claim issued but never served, nothing else done	Yes	8.01(2), 11.1.01(1)
Defendant noted in default, but no default judgment or assessment step taken	Yes	11.1.01(1)(b)
Default judgment signed by the clerk for a fixed debt	No, the action has been disposed of by order	11.02, 11.1.01(1)(a)
Motion in writing for an assessment of damages filed, or assessment hearing requested	No	11.03, 11.1.01(1)(b)
Defence filed, settlement conference held, no trial date requested	Yes	13.07, 11.1.01(1)(b)
Trial date requested	No	11.1.01(1)(b)
Offer to settle accepted and filed	No	11.1.01(2)(a)
Defence admits liability and proposes terms of payment	No	9.03(1), 11.1.01(2)(b)
Plaintiff under a disability (for example, a minor) when the dismissal would happen	No	11.1.01(2)(c)
Court has ordered a different timeline	Follows the court's order	11.1.01(1), 3.02

How do you get a dismissed claim back?

There are two routes, and which one fits depends on whether the other side will agree.

A clerk's order on consent. If every party signs a Request for Clerk's Order on Consent (Form 11.2A), the clerk can make an order restoring a matter dismissed under Rule 11.1 to the list, with no hearing (rule 11.2.01). This is often the quickest route when the dismissal was an oversight on both sides.

A motion to a judge. If the defendant will not sign, you make a motion using a Notice of Motion and Supporting Affidavit (Form 15A). You get a hearing date from the clerk first, serve the motion at least seven days before the hearing and file it with proof of service at least three days before (rule 15.01). The filing fee is $127. In the affidavit you explain, in short numbered statements of fact, why the case stalled, what you have done since, and why it should go ahead. Our existing article on how to file a motion in Small Claims Court walks through the paperwork. Rule 11.1 does not list a test for the judge to apply, so the judge weighs the circumstances; a clear explanation and prompt action are what you control.

The court can also lengthen any time set by the rules on terms that are just (rule 3.02).

What changes the answer?

The three built-in exceptions. The clerk's rule does not apply if an offer to settle has been accepted and filed, if the defence admits liability for the plaintiff's claim and proposes terms of payment, or if the plaintiff is under a disability when the dismissal would otherwise happen (rule 11.1.01(2)).
A court order setting a different timeline. The rule opens with "unless the court orders otherwise." The provincial guide says a plaintiff can ask the court, before or after the two-year period has passed, to extend the time for service and the time before the clerk can dismiss. When such an order extends time for service, the guide counts the two years from the date of that order.
Several defendants, some in default. If one defendant has filed a defence, the plaintiff cannot get an assessment of damages against the others who are in default; the case has to go through the settlement conference and, if needed, a trial (rule 11.03(7)). In that situation, requesting a trial date is the step that matters.
Whether you are the plaintiff or a defendant with your own claim. A defendant's claim survives for 60 days after the dismissal order is served, and the court can order otherwise during that window (rule 11.1.02). A defendant who wants that claim decided has to act inside those 60 days. Our page on making a defendant's claim explains how those claims work.
The limitation period for a fresh claim. Under the Limitations Act, 2002, a proceeding generally cannot be started after the second anniversary of the day the claim was discovered (s. 4), and a claim is presumed discovered on the day the act or omission happened unless the contrary is proved (s. 5(2)). Because the clerk dismisses two years after the claim was filed, and the claim was filed after it was discovered, the two-year period has usually passed by the time of a dismissal. That is why setting the dismissal aside is often the realistic route. Exceptions exist: an acknowledgment of a debt can restart the clock for a claim for a fixed sum (s. 13), and agreeing to use an independent third party to resolve the claim pauses it (s. 11). Our article on the limitation period for Small Claims in Ontario covers the basics.
Other dismissals. Rule 11.1 is not the only way a case ends without a decision on the merits. If a plaintiff misses the trial, the judge can dismiss the action, and a motion to set that aside must be made within 30 days after learning of it unless the court extends the time (rule 17.01).

A worked example: the painter who forgot to book a trial

For example, imagine a Hamilton house painter named Dana. A homeowner refused to pay her $6,800 invoice in November 2023. In February 2024 she filed a claim at the Small Claims Court in Hamilton (our page on which courthouse to file in explains why she could file there) and served it the same month. The homeowner filed a defence saying the work was poor. The settlement conference took place in June 2024 and did not settle. Dana received the notice saying one party had to request a trial date, put it in a drawer, and got busy with work.

In February 2026, the second anniversary of her claim, nothing had happened since the conference. No exception applied, so the clerk dismissed the action for delay and served the order on both parties.

Dana now has two choices. She could start a fresh claim, but the debt was discovered in November 2023, so the two-year limitation period under section 4 of the Limitations Act ran out in November 2025, and nothing suggests the homeowner ever acknowledged the debt. Her practical route is to restore the old claim. She first asks the homeowner to sign Form 11.2A; he refuses. She then books a motion, explains in her affidavit why the trial request was never filed and that she wants the case decided, serves it at least seven days before the hearing and pays the $127 fee. Whether the judge restores the claim depends on the facts. If it is restored, she should request the trial date the same week.

Common mistakes that lead to a dismissal for delay

Waiting for the court to set a trial. After a settlement conference, a party must file Form 9B and pay the trial fee. The clerk's notice under rule 13.07 is your cue, not a courtesy.
Stopping after the noting in default. Having the defendant noted in default does not end the case. You still need a default judgment for a fixed debt, or a motion in writing or assessment hearing for other amounts. Our page on default judgment in Small Claims Court explains which applies.
Never serving the claim. An issued claim that sits unserved still counts toward the two years. If you cannot find the defendant, ask the court to extend the time for service rather than letting it lapse.
Losing the dismissal order in the mail or inbox. The clerk serves the order on the parties. If your address or email changed and you did not tell the court, you may not see it until weeks later, and every week matters when you ask a judge for relief.
Filing a brand-new claim instead of restoring the old one. A fresh claim usually runs into the two-year limitation period. Check the dates before you pay a new filing fee.
Defendants assuming their own claim survives. A defendant's claim falls 60 days after the dismissal order is served unless the court orders otherwise in that window.

What to do this week

Find the date your claim was issued (it is stamped on the claim) and mark the second anniversary in your calendar.
Check where the case stands: served or not, defence filed or not, settlement conference held or not, trial date requested or not. The Small Claims Court office can confirm what is on the file.
If a defence was filed and the settlement conference is over, file a request to fix a trial date (Form 9B) and pay the trial fee.
If the defendant is in default, file a default judgment (Form 11B) for a fixed debt, or a motion in writing for an assessment of damages or a request for an assessment hearing for other amounts.
If the claim has already been dismissed, ask the other side whether they will sign Form 11.2A. If not, gather the facts for a motion affidavit and book a hearing date.
If you are a defendant with your own claim, count 60 days from the day the dismissal order was served and decide now whether to ask the court to keep your claim alive.

Frequently asked questions

Does the clerk warn me before dismissing my case?

The current rule requires the clerk to serve a copy of the dismissal order on the parties once it is made (rule 11.1.01(3)). It does not set out a warning notice before the order. The notice you get after a settlement conference, telling you a party must request a trial date, is the closest thing to a reminder.

Is two years counted from when I filed or when I served?

From when the action started, which is when the claim was filed and issued (rules 7.01, 7.02 and 11.1.01(1)). The provincial guide adds that where the court has made an order extending the time for service, the two years are counted from the date of that order.

Is there a deadline to ask a judge to restore a dismissed claim?

Rule 11.1 does not set a fixed number of days for that motion. Even so, the explanation for the delay is the heart of the motion, so acting as soon as you learn of the dismissal is the safer course. The 30-day limit in rule 17.01 applies to a different situation, a judgment made when a party missed the trial.

If my case is restored, do I start over?

No. Restoring the matter to the list puts it back where it was, so the next step is usually the one that was missed, such as requesting the trial date.

Does the dismissal rule apply after I already have a judgment?

No. A judgment disposes of the action by order, so rule 11.1 no longer applies. Collecting the money is a separate stage with its own timelines; our page on how long a Small Claims judgment lasts covers them.

Can a licensed paralegal bring the motion to restore my claim?

Yes. Small Claims Court proceedings are within the scope of practice the Law Society of Ontario sets for licensed paralegals, and section 26 of the Courts of Justice Act allows a party to be represented by a person authorized under the Law Society Act. For a debt case that has stalled, our page on suing for an unpaid invoice shows the full path from claim to judgment.

Where do I file the motion if my case is in Hamilton?

At the Small Claims Court office where the claim was filed. For Hamilton cases that is the court at the John Sopinka Courthouse; our page on Small Claims Court in Hamilton has the local details.

Sources

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This page gives general information about Ontario law, not legal advice for your situation. Cheddar Paralegal PC is a paralegal firm licensed by the Law Society of Ontario; licensed paralegals can help only with matters the Law Society allows paralegals to handle.