The Basics of Small Claims Court in Ontario

Hi everyone, it’s Kristy from Clearly Legal.

Today, I want to cover the basics of Small Claims Court in Ontario, and the early steps that drive the timeline of a file.

Small Claims Court is designed to be more accessible to the public and self-represented people, and is less formal than Superior Court, however, the process still has strict deadlines. If you miss a duedate, it is possible to have your work rejected, which can have expensive and negative consequences on your litigation.

Step 1: The Plaintiff’s Claim

The process starts with the Plaintiff’s Claim.

A quick note that matters: in Small Claims Court, it is called a Plaintiff’s Claim, not a Statement of Claim.

Once the Plaintiff’s Claim is issued, the plaintiff has 6 months to serve it on the defendant.

Step 2: The Defence

After the claim is served, the defendant has 20 days to serve and file a response.

In Small Claims Court, the response is called a Defence, not a Statement of Defence.

Step 3: Settlement Conference

Filing the Defence triggers the next major step: scheduling a settlement conference.

The settlement conference is booked by the court clerk, and the court attempts to schedule it within 90 days after the Defence is filed.

This is a key phase in the litigation because many cases resolve here once the issues and evidence are clarified.

Step 4: If It Does Not Settle: Trial

If the matter does not settle at the settlement conference, the file continues and the next steps are considered, including moving toward trial.

Let’s Connect

I have worked with the Small Claims Court for years and have run files nearly entirely independently.

If you want reliable support with Small Claims deadlines, drafting, filing, service, or preparing for a settlement conference, contact me at kristy@clearlylegal.ca. My familiarity with the process will save you time and money.