How do I get a default judgment in Ontario Small Claims Court?

After 20 days with no Defence (rule 9.01), file proof of service (rule 8.09.1(2)) and a Request to Clerk to note the defendant in default (rule 11.01). If the claim is for a debt or a fixed amount, file Form 11B with the fee, and the clerk signs the judgment (rule 11.02). If the claim needs a decision on the amount, request an assessment hearing (rule 11.03). Serve the judgment on the defendant (rule 11.02(3)).

Can a default judgment be set aside?

Yes. The defendant can bring a motion to set aside the noting in default or the default judgment (rule 11.06). The court looks at 3 things (rule 11.06). Does the defendant have a defence with merit? Is there a reasonable explanation for the default? Did the defendant move as soon as reasonably possible? Read the default judgment guide before you file or answer such a motion.

What is a liquidated demand?

A liquidated demand is a claim for a fixed amount that the documents settle by arithmetic: an unpaid invoice, a loan, or an NSF cheque. The clerk can sign default judgment for a debt or a liquidated demand without a hearing (rule 11.02). A claim for damages, such as the cost to repair bad work, is unliquidated, and a judge assesses it (rule 11.03). The judgment adds prejudgment interest to the amount (Courts of Justice Act s. 128).

How long does a default judgment take?

The time depends on the court office. You can file the request the day after the 20-day window closes (rule 9.01; rule 3.01). Outside Toronto, Submissions Online staff review a filing within about 3 business days [VERIFY]. The clerk signs Form 11B when the file is complete (rule 11.02). Then you serve it (rule 11.02(3)), and enforcement can start. Read the guide on how long Small Claims Court takes for typical ranges.

Make ThemPay.

Start free

Ontario Small Claims Court · For the plaintiff · rule 11.02

Form 11B: Default Judgment

Form 11B is the Default Judgment that the clerk of the Ontario Small Claims Court signs after a defendant is noted in default (rule 11.02). The clerk signs it only for a debt or a liquidated demand: a fixed amount such as an unpaid invoice or a loan (rule 11.02). The plaintiff prepares the form, and the clerk signs it (rule 11.02). For a claim that needs a decision on the amount, the plaintiff asks for an assessment instead (rule 11.03).

Open the Default screen The official PDF (ontariocourtforms.on.ca)

When you use it

• Use it after the clerk notes the defendant in default on your request with proof of service (rule 11.01).
• Use it only for a debt or a liquidated demand, an amount fixed by the contract or by arithmetic (rule 11.02).
• For an unliquidated claim, such as damages, request an assessment hearing or a motion in writing instead (rule 11.03).
• Serve the signed default judgment on the defendant (rule 11.02(3)).

The facts

Rule: rule 11.02, O. Reg. 258/98
Court fee: $94 ($128 frequent) (O. Reg. 332/16, as stored 2026-01-06)
Official revision: Jan 2021
Who files it: For the plaintiff

How this site fills it

The Default screen fills Form 11B from the case record: the parties, the claim amount, prejudgment interest, and the costs claimed. You file it with the Request to Clerk (Form 9B) that asks for the noting in default.

Open the Default screen

How to complete and file Form 11B

01
Confirm that the 20 days for a Defence have passed, counted under rule 3.01 (rule 9.01).
02
File the Affidavit of Service (Form 8A) as proof of service (rule 8.09.1(2); rule 11.01).
03
File a Request to Clerk (Form 9B) to note the defendant in default (rule 11.01).
04
Complete Form 11B with the debt, the prejudgment interest, and the costs (rule 11.02; Form 11B).
05
Pay the default judgment fee, or apply for a fee waiver (O. Reg. 332/16; O. Reg. 2/05).
06
File through Submissions Online outside Toronto (rule 1.05.4) or the Ontario Courts Public Portal in Toronto (rule 1.05.5).
07
Serve the signed judgment on the defendant (rule 11.02(3)).
08
If the defendant does not pay, start enforcement with an Affidavit for Enforcement Request (Form 20P) (rule 20.04).

Questions people ask about Form 11B

How do I get a default judgment in Ontario Small Claims Court?: After 20 days with no Defence (rule 9.01), file proof of service (rule 8.09.1(2)) and a Request to Clerk to note the defendant in default (rule 11.01). If the claim is for a debt or a fixed amount, file Form 11B with the fee, and the clerk signs the judgment (rule 11.02). If the claim needs a decision on the amount, request an assessment hearing (rule 11.03). Serve the judgment on the defendant (rule 11.02(3)).
Can a default judgment be set aside?: Yes. The defendant can bring a motion to set aside the noting in default or the default judgment (rule 11.06). The court looks at 3 things (rule 11.06). Does the defendant have a defence with merit? Is there a reasonable explanation for the default? Did the defendant move as soon as reasonably possible? Read the default judgment guide before you file or answer such a motion.
What is a liquidated demand?: A liquidated demand is a claim for a fixed amount that the documents settle by arithmetic: an unpaid invoice, a loan, or an NSF cheque. The clerk can sign default judgment for a debt or a liquidated demand without a hearing (rule 11.02). A claim for damages, such as the cost to repair bad work, is unliquidated, and a judge assesses it (rule 11.03). The judgment adds prejudgment interest to the amount (Courts of Justice Act s. 128).
How long does a default judgment take?: The time depends on the court office. You can file the request the day after the 20-day window closes (rule 9.01; rule 3.01). Outside Toronto, Submissions Online staff review a filing within about 3 business days [VERIFY]. The clerk signs Form 11B when the file is complete (rule 11.02). Then you serve it (rule 11.02(3)), and enforcement can start. Read the guide on how long Small Claims Court takes for typical ranges.

Legal information, not legal advice. Rules are from the Rules of the Small Claims Court, O. Reg. 258/98; fees from O. Reg. 332/16 as stored 2026-01-06. Items marked [VERIFY] have not been checked against the current consolidation. Legal services provided by Mithril Law — Jonathan Kleiman, licensed Ontario lawyer.

Related forms

Guides

Situations and tools