Most Small Claims Court hearings are held remotely. The Guidelines to Determine Hearing Method in the Small Claims Court explain
- the default hearing method for each type of hearing, and
- how to request a different method than the default.
The Court is generally holding remote hearings by video. If you are not able to participate in a video hearing, please let court staff know as soon as possible. This will ensure the Court has enough time to consider your request and arrange accommodations before the hearing. The Court may hold certain hearings by telephone if a party cannot participate by video.
To participate in a video hearing, you will need a device (computer, laptop or smartphone) connected to the internet.
For more information about how to participate effectively in a remote hearing, see the Virtual Courtroom Etiquette Rules page on the Superior Court of Justice website.
The Court will hold a limited number of hearings in person. You can find out more about what to expect and proper etiquette for in-person hearings on the Court Etiquette and Procedures page.
The COVID-19 pandemic has created many delays in the Small Claims Court. It may take some time for court staff to provide you with a hearing date.
Assessment hearing
A plaintiff can ask for an assessment hearing to determine how much money a defendant owes them when
- the plaintiff made a non-liquidated claim against the defendant (a non-liquidated claim is a claim where the amount in dispute is not clearly stated in an agreement),
- the defendant has not filed a defence, and
- the defendant has been noted in default.
To ask for an assessment hearing date, file a Request to Clerk (Form 9B).
Note: You can ask for an assessment of damages through a motion in writing instead of a hearing before a judge. This can be done by filing a Notice of Motion and Supporting Affidavit (Form 15A). For more information about motions in writing for assessment of damages, see the Motions and clerk’s orders section of the Attorney General’s Guide to procedures in small claims court.
For information about getting ready for an assessment hearing, see the Getting ready for court section of the Ministry of the Attorney General’s Guide to procedures in Small Claims Court.
Terms of payment hearing
At this hearing, a plaintiff can dispute the terms of payment proposed by a defendant in their defence. This hearing is only available when the defendant has admitted all or part of the claim in their defence.
If you agree with the proposal, the process ends here. The defendant will need to make payments directly to you.
A plaintiff seeking a terms of payment hearing date must file a Request to Clerk (Form 9B) within 20 days after they were served with the defence.
See the Replying to a claim section of the Ministry of the Attorney General’s Guide to procedures in Small Claims Court for more information about terms of payment hearings.
Settlement conference
The goals of a settlement conference are to encourage the parties to resolve their dispute and narrow down the issues in the case, provide full disclosure of relevant facts and evidence, and help the parties prepare for trial if the dispute cannot be resolved.
At your settlement conference, you must discuss the issues in your case openly and frankly. If someone (for example, a paralegal or lawyer) is representing you at the conference, they must do the same.
If at least one defendant in the case has filed a defence, then court staff will automatically send a notice to attend a settlement conference to all parties who have filed a plaintiff’s claim or defence.
Before your settlement conference, please read the Important Information About Your Settlement Conference page on our website.
For information about getting ready for a settlement conference, see the Getting ready for court section of the Ministry of the Attorney General’s Guide to procedures in Small Claims Court.
Motion
Motions are requests to the Court to make an order before judgment, or sometimes after judgment. The party asking for the motion is called the moving party.
To ask for a motion date, file a Notice of Motion and Supporting Affidavit (Form 15A). For more information about motions, see the Motions and clerk’s orders section of the Ministry of the Attorney General’s Guide to procedures in small claims court.
Motions in writing for assessment of damages work differently from other motions. More information about this type of motion is in the “Assessment hearing” section.
Trial
At a trial, each party tells their story and presents evidence to the Court so that the Court can decide the case.
The judge will give their judgment after the trial is finished. Sometimes the judge will do this right after the trial is finished. Sometimes the judge will make the decision later. In this case, you will receive a copy of the decision at a later date.
Evidence can come from different sources, including the parties, other witnesses, documents, audio or visual records, and others. Early on, you should start thinking about what evidence you would bring if your case goes to trial. The Rules of the Small Claims Court have deadlines for filing and serving different types of possible evidence.
To ask for a trial date, file a Request to Clerk (Form 9B) and pay the required fee at least 30 days after your settlement conference.
For more information about trials, including preparation, etiquette, evidence and other topics, see the Getting ready for court section of the Ministry of the Attorney General’s Guide to procedures in small claims court.
Rule 20.10 examination (examination hearing)
A judgment creditor is a successful party in a Small Claims Court case. A judgment debtor is a party who owes money to a judgment creditor under a Small Claims Court judgment.
At an examination hearing, the judgment creditor will examine the judgment debtor (or any other person) to find out more about their financial situation. The Court may make orders at this hearing.
A judgment creditor can ask for an examination hearing by filing:
- a Notice of Examination (Form 20H)
- an Affidavit for Enforcement Request (Form 20P)
- if the order was made in a different Small Claims Court location, a Certificate of Judgment (Form 20A)
Other important information about the examination hearing process is in the After judgment section of the Ministry of the Attorney General’s Guide to procedures in small claims court.
Contempt hearing
At this hearing, the Court determines whether someone is in contempt of court if they:
- were personally served with a notice of examination hearing and did not attend the hearing when they were required to; or
- attended an examination hearing but did not answer questions or provide documents.
You cannot request a contempt hearing. A contempt hearing happens only if the Court decides to hold one.
If you have been ordered to attend a contempt hearing, you may file a Notice of Motion and Supporting Affidavit (Form 15A) asking the Court to set aside (reverse) the order. The Court will decide whether to set aside the order and require you to attend another examination hearing instead. You must make this request and file and serve this Notice of Motion and Supporting Affidavit on the other parties before the date of the contempt hearing. The Court may deny the motion and require you to attend the scheduled contempt hearing.
At a contempt hearing, you have an opportunity to
- explain why you
- failed to attend the judgment debtor examination or
- failed to answer questions or provide documents, and
- show the Court why you should not be found in contempt of court.
The Court can make a variety of orders against you, including imprisonment for up to five days.
Other important information about contempt hearings appears in the After judgment section of the Ministry of the Attorney General’s Guide to procedures in small claims court.
Garnishment hearing
At a garnishment hearing, the Court deals with any issues related to a garnishment.
Any of these people may ask court staff for a garnishment hearing date:
- the judgment creditor (the successful party in the trial)
- the judgment debtor (the party who owes money to a judgment creditor under a Small Claims Court judgment)
- a garnishee
- a co-owner of the debt
- any other interested person.
The After judgment section of the Ministry of the Attorney General’s Guide to procedures in small claims court explains the garnishment process, including garnishment hearings.