Court staff can make specific types of orders if all parties give their signed consent. The Rules of the Small Claims Court state what these orders are. They include orders to:
- amend a claim or defence less than 30 days before the trial
- add, delete or substitute a party less than 30 days before the trial
- set aside (cancel) a noting in default or default judgment against a defendant
- cancel one of the following steps to enforce a judgment, as long as the step has not been taken yet:
- Rule 20.10 examination (judgment debtor examination)
- writ of seizure and sale of personal property
- writ of seizure and sale of land
- put a case back on the trial list if it was dismissed under Rule 11.1 of the Rules of the Small Claims Court
- note that an amount owed under a judgment or terms of settlement has been fully paid
- dismiss an action
Asking for a clerk’s order
To ask for a clerk’s order, you must:
- Fill out the Request for Clerk’s Order on Consent form (Form 11.2A).
- Ask each party to sign the form in a witness’ presence. The party and the person witnessing the party’s signature both need to sign the form.
- After all parties and witnesses have signed the form, give a copy to each party.
- File the form.