March 16, 2020; revised May 4, June 2, August 10 and August 26, 2020
By notice dated Monday, March 16, 2020, sittings of the Ontario Small Claims Court were suspended until further notice in response to the COVID-19 pandemic.
By notices dated May 4 and June 2, the Small Claims Court expanded the matters it would hear virtually.
By this notice, the Small Claims Court is further expanding the matters which it will hear virtually in an ongoing effort to facilitate timely access to justice.
The Small Claims Court will continue to monitor the situation and, as possible, will further expand the types of matters and hearings that will be heard during these extraordinary times.
The Small Claims Court will hear urgent motions and urgent garnishment hearings during the COVID-19 emergency period. All urgent hearings will be heard by telephone or videoconference.
A judge will review each request and decide whether an urgent hearing will be scheduled. Urgent cases may include:
- Cases in which a judgment debtor has an outstanding warrant for arrest issued in relation to a Small Claims Court proceeding; or
- Time-sensitive cases that would result in immediate and serious financial hardship if there were no hearing.
Steps to Seek an Urgent Hearing
If the judge approves your request for an urgent hearing, you will receive an email with the date of your hearing, details about how to attend by telephone or videoconference and an email address where you must send your court documents for the hearing.
If you require legal advice in preparing a request for an urgent hearing, you may seek assistance through Pro Bono Ontario’s Free Legal Advice Hotline (1-855-255-7256).
All settlement conferences will be conducted over Zoom, a videoconferencing platform, unless a party indicates that they are unable to participate by Zoom. The Court will make the arrangements for Zoom and will advise the parties of the connection arrangements.
A device with a camera and a microphone, plus access to WiFi/an internet connection, will be required for participation by video conferencing.
Where a party is unable to participate by Zoom, the hearing will be conducted by use of a teleconference line.
Conference participants should have an appropriate technical set-up and observe etiquette appropriate to the nature of remote hearings. Some guidance on these points can be found here on the Superior Court of Justice website.
- Conferences on Consent of All Parties
The Small Claims Court will schedule a remote settlement conferences on the consent of all parties to an action if:
- Each defendant has filed a defence or was noted in default in the matter prior to March 16, 2020; and
- All parties agree to rely solely on the pleadings as filed and served.
The Court will consider any request that meets the above criteria, even if no settlement conference had been previously scheduled in the case.
- Steps for Scheduling
To request that the Court schedule a settlement conference on consent, one party must submit the request form for consent settlement conferences, available on the Superior Court of Justice website, to email@example.com. No matter which party or representative completes the form, all parties must agree to the method of hearing indicated on the form. The form must be signed by all parties or their representatives in order to be considered.
- Conferences Requested by One Party
The Court will schedule a remote settlement conference at the request of only one party to an action if:
- The requesting party provides a valid and current email address for the non-requesting party or parties;
- Each party can send and receive emails using the email addresses provided;
- Each defendant has filed a defence or has been noted in default in the action prior to March 16, 2020;
- All parties agree to rely solely on the pleadings as filed and served;
- A settlement conference had previously been scheduled and then suspended due to the COVID-19 pandemic; and
- The settlement conference was previously scheduled to take place between March 16, 2020 and April 17, 2020.
Once capacity allows, the Court intends to expand the availability of these conferences beyond this date range.
Parties are encouraged to seek the consent of the other parties to the conference, where possible.
- Steps for Scheduling
A party requesting the Court to schedule a settlement conference must submit the appropriate request form, available on the Superior Court of Justice website, to firstname.lastname@example.org.
Suspension of Counter Service in Small Claims Courts
The Ministry of the Attorney General advises that although courthouses will remain open, effective May 4, 2020, counter service at all Small Claims Court locations is suspended and filings will no longer be accepted in person.
Where procedural rules or court orders require the filing of documents during this emergency period, and it is not possible to do so because Small Claims Court counter-service has been suspended, parties can expect the Court to grant extensions of time once the Court’s normal operations resume. Parties must still comply with orders and rules requiring the service or delivery of documents as between parties.
If you wish to file a claim in Small Claims Court during the suspension, you may do so online at: https://www.ontario.ca/page/file-small-claims-online/.
If you require legal advice to assist you in filing a claim, you may seek assistance through Pro Bono Ontario’s Free Legal Advice Hotline (1-855-255-7256).
Where a judge authorizes a party to email materials to the court for an urgent hearing and it is not possible to email a sworn affidavit, unsworn affidavits will be accepted on the condition that a sworn affidavit is provided prior to the hearing or the person is available at the hearing to swear or affirm of the affidavit.
Where parties and representatives deliver materials by email, they undertake to file the same materials in paper format, and pay the requisite filing fee, at the court counter when regular court operations resume.
The Ontario Small Claims Court continues to monitor the COVID-19 situation. As circumstances permit, the Court will gradually resume regular operations and reschedule matters.
You may wish to also consult the Ministry of Health’s website at Ontario.ca/coronavirus for further information on how to protect yourself.
While the Ontario Small Claims Court is an important source of timely access to justice in Ontario, the health and safety of those who use and work in the Small Claims Court is our priority.
Thank you very much for your understanding and co-operation during this extraordinary time.
Geoffrey B. Morawetz
Superior Court of Justice