Guidelines to Determine Hearing Method in the Small Claims Court

These guidelines will take effect April 19th, 2022.

A. General:

This document explains:

  • the default hearing method for every type of Small Claims Court hearing under the Rules of the Small Claims Court
  • how to request a different hearing method.

It provides general guidelines about what hearing method parties can expect. The Court may choose a different hearing method than the default, when appropriate.

The possible hearing methods are:

  • in writing
  • remote (telephone or videoconference)
  • in person.

B. Default hearing methods in Small Claims Court matters:

  1. Motions in writing for assessment of damages

All motions in writing for assessment of damages will be conducted in writing.

  1. Assessment hearings

All assessment hearings will be held remotely by videoconference, unless the Court specifies otherwise.

  1. Settlement conferences

All settlement conferences will be held remotely, unless the Court specifies otherwise.

  1. Terms of payment hearings

All terms of payment hearings will be held remotely, unless the Court specifies otherwise.

  1. Motions (except motions in writing for assessment of damages)

All motions (except for motions in writing for assessment of damages) will be held remotely, unless the Court decides otherwise.

  1. Proceedings under subrules 12.02(3) or 12.02(7) of the Rules of the Small Claims Court (to stay or dismiss an action or motion)

All proceedings under subrule 12.02(3) or subrule 12.02(7) of the Rules of the Small Claims Court will take place in writing, unless the Court orders otherwise.

  1. Trials

All trials will be held in person, unless the Court specifies otherwise. Remote trials will be held by videoconference.

  1. Garnishment hearings

All garnishment hearings will be held remotely by videoconference, unless the Court specifies otherwise.

  1. Rule 20.10 examinations, including judgment debtor examinations

All examinations under Rule 20.10 of the Rules of the Small Claims Court, including judgment debtor examinations, will be held remotely by videoconference unless the Court specifies otherwise.

  1. Contempt hearings

All contempt hearings will be held in person, unless the Court specifies otherwise.

C. Requesting a different hearing method

The Small Claims Court recognizes that a different hearing method might be appropriate in some cases.

If a party seeks a different hearing method than the one the Court has scheduled, they should contact the local court office. The party should provide the reason(s) for their request in writing.

It is up to the requesting party to show why the hearing method they are asking for is necessary.

If all parties agree on a different hearing method than the one the Court has scheduled, then the Court should generally accommodate that.

The Court will generally hold remote hearings by videoconference (for example, Zoom) if all parties have reasonable access to videoconferencing technology. If all parties agree that their remote hearing should be by telephone and the Rules of the Small Claims Court permit attendance by telephone, then the Court will consider that when it decides on the hearing method.

The Court’s judicial officers have been encouraged to be flexible when they are deciding on these requests. The following principles will guide their decisions on these requests:

  • The discretion of the Court
  • Access to justice, including the ability of all parties to fully and equally participate in a hearing
  • The unique needs of self-represented litigants, including the ability to access and use technology, the need for support to use technology or the inability to adequately address issues in writing
  • The importance of in-person hearings when appropriate, including for more substantive matters
  • Whether different parties can attend the same hearing in different ways (‘hybrid hearings’; for example, remotely and in-person)
  • The Rules of the Small Claims Court
  • Any reasons why a remote or an in-person hearing might not be appropriate, including any personal circumstances of a party or participant