Small Claims Court

What happens at a Small Claims trial in Ontario?

Last updated October 7, 2026.

A Small Claims trial in Ontario is a public hearing before one judge, who hears each side's witnesses and documents and then decides the case, often the same day. Before any trial there is a private settlement conference, and a party must then request a trial date and pay the $308 fee. To be received in evidence without calling their authors, written statements and documents must be served at least 30 days before trial.

The process is simpler than in other civil courts: the judge can hear the case "in a summary way" and can accept relevant evidence that other courts might refuse. Simpler is not the same as casual, though, and most trials are won or lost on preparation done weeks earlier. Our page on representation in Small Claims Court explains how Carson Frankum, a licensed paralegal in Hamilton, can prepare and present a case like yours.

How does a case get to trial, step by step?

The steps below come from the Rules of the Small Claims Court (O. Reg. 258/98), as amended by O. Reg. 3/25 from June 1, 2025, and the Ministry of the Attorney General's guide "Getting ready for court."

A defence is filed. Once a defendant disputes the claim, a settlement conference must be held in every defended action, within 90 days after the first defence is filed (rule 13.01). The exception is a defence that admits the whole claim and only proposes payment terms. If you have just been sued, start with our page on what to do when you are served with a Plaintiff's Claim.
Both sides disclose. At least 14 days before the settlement conference, each party serves and files any document it will rely on at trial that was not attached to its claim or defence, including any expert report, plus a list of proposed witnesses (Form 13A) (rule 13.03(2)).
The settlement conference. It is a private meeting with a judge, usually by video. Parties must take part, witnesses do not attend, and anyone whose approval is needed to settle must be reachable by phone (rule 13.02). The judge can make recommendations and orders, then writes a memorandum of the issues left for trial. That judge will not preside at your trial (rule 13.08).
Someone requests the trial date. If the case is not resolved within 30 days after the conference, one party must file a request to the clerk (Form 9B) and pay the fee: $308 for most claimants, $403 for a frequent claimant (rule 13.07; O. Reg. 332/16). If nobody does, the clerk eventually dismisses the claim; see when a Small Claims case is dismissed for delay.
The clerk serves a notice of trial. The notice goes out by mail or email (rule 16.01). Since June 1, 2025, the court may also direct a trial management conference at any time after a trial date is requested, to check readiness, narrow issues and, if needed, set the date (rule 16.1).
Final preparation. Serve your written statements, documents and records on every party at least 30 days before the trial date (rule 18.02), and personally serve any summons to witness, with attendance money, at least 10 days before (rule 8.01(7)).
Trial day. The guide tells the plaintiff to be ready to start by telling the judge briefly what the case is about. Each side gives evidence, questions its own witnesses and may question the other side's witnesses when the judge allows. Witnesses swear or affirm to tell the truth.
Judgment. The guide says judges usually decide in court right after both sides finish, though a judge may reserve and send reasons later. Costs are decided after the merits, which is when any written offer to settle can finally be shown to the judge (rule 14.04).

Deadlines before and after a Small Claims trial
What has to happen	Deadline	Rule
Settlement conference held	Within 90 days after the first defence is filed	13.01(3)
Serve and file new documents and the list of proposed witnesses (Form 13A)	At least 14 days before the settlement conference	13.03(2)
Request a trial date and pay the fee	If not resolved within 30 days after the settlement conference	13.07
Ask to change how you attend (Form 1B)	At least 30 days before the hearing; objections within 7 days	1.07(4), (5)
Amend a claim or defence without an order	At least 30 days before the originally scheduled trial date	12.01(3)
Serve written statements, documents and audio or visual records	At least 30 days before the trial date	18.02(1)
Serve a written offer to settle, for costs consequences	At least 7 days before the trial	14.07
Personally serve a summons to witness with attendance money	At least 10 days before the trial date	8.01(7)
Motion to set aside a judgment made when you missed the trial	Within 30 days after you become aware of the judgment	17.01(5)
Motion for a new trial (limited grounds)	Within 30 days after the final order	17.04(1)

What does the trial itself look like?

Small Claims trials are open to the public, and the guide suggests watching a few before your own. The judge is addressed as "Your Honour," and you stand when speaking to the judge or questioning your witnesses. Under section 24 of the Courts of Justice Act, one judge hears the case: a Superior Court judge, a deputy judge (a lawyer appointed to sit in Small Claims Court) or the Small Claims Court Administrative Judge.

Evidence. Section 27 of the Act lets the court admit any oral testimony, document or other thing that is relevant, even if it would not be admissible in another court, while still excluding privileged material and anything unduly repetitious. A copy of a document can be admitted if the judge is satisfied it is authentic. Under rule 18.02, a written statement or document served at least 30 days before trial, such as a repair estimate, receipt, bill or medical report, is received in evidence unless the judge orders otherwise. It must include the author's name, phone number and address for service, and an expert report must include a summary of the author's qualifications. The other side can summons that author to cross-examine them.

Witnesses. A summons to witness (Form 18A) costs $33 to issue, and the witness must be paid attendance money: $11 a day, or $27 a day for a professional such as a physician or engineer giving professional evidence, plus reasonable travel (O. Reg. 332/16). A witness who ignores a properly served summons can be brought to court on a warrant (rule 18.03(6)). If your witness needs an interpreter for a language other than English or French, you must arrange one (rule 18.03(5.1)).

How you attend. Under rule 1.07, a step that requires attendance is held in person or by video conference. Telephone is allowed only for a terms of payment hearing, settlement conference, motion or trial management conference, so it is not an option for a trial. For courthouse details in Hamilton, see our page on Small Claims Court at the John Sopinka Courthouse.

The judge can inspect property. Rule 17.03 allows the trial judge, with the parties present, to inspect any property the case is about, such as a vehicle or a renovated room.

What changes the answer?

Someone does not show up. If everyone is absent, the judge may strike the case off the trial list. If one party is absent, the judge may go ahead without them, strike out a missing defendant's defence, or dismiss a missing plaintiff's action; the party who attends then only has to prove the amount, not liability (rule 17.01). The absent party has 30 days after becoming aware of the judgment to ask that it be set aside.
You need more time. A trial can be adjourned only by court order, and the court can require one party to compensate the other for inconvenience and expense (rule 17.02). The guide says that if no adjournment has been granted beforehand, you or someone for you must attend on the trial date to ask.
The claim is small and both sides agree. For amounts under the $5,000 appeal limit, all parties can sign a consent (Form 13B) before or at the settlement conference asking the judge to give final judgment there if mediation fails (rule 13.05(4)). There is then no trial and no trial fee.
The defendant never defended. With no defence, there is no trial in the usual sense. The plaintiff gets a default judgment for a fixed debt or proves the amount at an assessment hearing, which proceeds like a trial without the defendant (rule 11.03); our page on default judgment explains both. An undefended case can be proved by affidavit unless the judge orders otherwise (rule 18.01).
The amount at stake. The court hears claims up to $50,000, excluding interest and costs (O. Reg. 626/00, in force October 1, 2025). If you are unsure whether your claim fits, see how much you can sue for in Small Claims Court.
A written offer was on the table. An offer to settle served at least seven days before trial, and not withdrawn, can increase or shift costs depending on how the judgment compares to it (rule 14.07). Our page on offers to settle covers the rule.

A worked example: the deck that would not stay level

For example, imagine a Hamilton homeowner named Priya who paid a contractor $11,000 for a backyard deck. Within months the boards had heaved and the railing was loose. Another builder quoted $7,500 to rebuild the frame, and Priya sued the first contractor for that amount. The contractor filed a defence blaming frost and Priya's drainage.

Fourteen days before the settlement conference, Priya served and filed the second builder's written estimate, her photos and a witness list naming the second builder. The conference narrowed the case: both sides agreed the contract price, and the judge's memorandum listed workmanship and the cost of repair as the only issues. No deal was reached, so Priya filed Form 9B and paid the $308 trial fee the following week.

When the notice of trial arrived, Priya did three things. More than 30 days before trial she served the second builder's signed written statement with his contact details and a summary of his qualifications, so it could go in under rule 18.02. Because she wanted the builder to explain the frame in person, she also had a summons issued and personally served it, with attendance money, more than 10 days before trial. And she brought the originals plus three copies of every document. At trial she told the story in order, called the builder, and kept her own written offer to settle in her folder until the judge had decided the merits. Whatever the result, she had given the judge everything needed to decide on the evidence.

Common mistakes at a Small Claims trial

Serving documents late. The 30-day rule for written statements and documents is what lets them in without the author testifying. Late material may still be argued over, but you lose the benefit of rule 18.02.
Leaving out the author's details. A statement or estimate served without the author's name, phone number and address for service, or an expert report without qualifications, does not meet rule 18.02(3).
Counting on a witness who was never summonsed. The guide is blunt: if you do not summons a witness and they do not appear, you may have to go ahead without them.
Mentioning settlement talks. What was said at the settlement conference stays private, and an unaccepted offer to settle cannot be mentioned to the trial judge until liability and relief are decided (rules 13.03(4) and 14.04).
Treating an adjournment as automatic. Only a court order adjourns a trial. Calling the other side is not enough, and the judge may order costs against the party asking.
Proving fault but not the amount. The guide reminds plaintiffs that they must prove both liability and the amount owing. Estimates, invoices and receipts carry the second half.

What to do this week

Find your settlement conference memorandum and list the issues still in dispute.
If no trial date has been requested and the conference is more than 30 days past, file Form 9B and pay the trial fee.
Make a worksheet: each fact you must prove in one column, the document or witness that proves it in the next.
Count back 30 days from the trial date and calendar the deadline to serve every written statement, document and record.
Decide which witnesses must attend, ask the clerk to issue a summons for each, and plan personal service with attendance money at least 10 days before trial.
If you have not made a written offer to settle, consider one now; it must be served at least seven days before trial to carry costs consequences.

Frequently asked questions

How long does a Small Claims trial take?

The rules do not set a length, and it depends on the number of witnesses and issues. Agreements reached at the settlement conference, recorded in the judge's memorandum, can shorten the trial by taking some issues off the table.

Can I attend my trial by phone?

No. Under rule 1.07, telephone attendance is limited to terms of payment hearings, settlement conferences, motions and trial management conferences. A trial is held in person or by video, and you can ask for a change of method with Form 1B at least 30 days ahead.

Can I bring new evidence on the day?

The judge has wide room under section 27 of the Courts of Justice Act to admit relevant evidence, but the rules expect disclosure at least 14 days before the settlement conference and 30 days before trial. Evidence sprung on the day risks being refused or leading to an adjournment with costs.

What if I lose because of a math error?

A motion for a new trial can be made within 30 days after the final order, but only for a purely arithmetical error in the damages or for relevant evidence that was not available and could not reasonably have been available at the trial (rule 17.04). You must also show that you have requested a transcript.

Can I appeal a Small Claims judgment?

Only if the judgment is for more than $5,000, excluding costs, or for personal property worth more than $5,000 (Courts of Justice Act s. 31; O. Reg. 626/00). The appeal goes to the Divisional Court, where you would need a lawyer, since that court is outside paralegal practice. Our existing article on appealing a Small Claims decision has more background.

Can the winner recover the cost of going to trial?

Usually some of it. Costs other than disbursements are capped at 15% of the amount claimed unless the court penalizes unreasonable behaviour (Courts of Justice Act s. 29). Our page on getting your costs back if you win breaks down what can be claimed.

What happens after I get a judgment?

A judgment is an order, not payment. If the other side does not pay, enforcement tools include a financial examination; see what happens at an examination hearing.

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.