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Ontario Small Claims Court · For either side · rule 13.03(2)

Form 13A: List of Proposed Witnesses

Form 13A is the List of Proposed Witnesses that each party serves and files before the settlement conference in the Ontario Small Claims Court (rule 13.03(2)). It names the witnesses you plan to call at trial, with their contact details (Form 13A). The clerk sends a blank Form 13A with the notice of settlement conference (rule 13.01(2)). You serve and file it, with copies of your documents, at least 14 days before the conference (rule 13.03(2)).

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

When you use it

  • • Use it in every defended action, where a settlement conference is set within 90 days after the first Defence (rule 13.01(1); rule 13.01(3)).
  • • Serve it on every other party, and file it, at least 14 days before the conference (rule 13.03(2)).
  • • Serve and file copies of the documents you rely on at the same time (rule 13.03(2)).
  • • List every person you plan to call, on the form or on a continuation sheet in the same format (Form 13A).

The facts

Rule
rule 13.03(2), O. Reg. 258/98
Court fee
No court fee (O. Reg. 332/16, as stored 2026-01-06)
Official revision
Jan 2021
Who files it
For either side

How this site fills it

The Conference screen fills Form 13A from the witnesses you add to the case record and shows the 14-day deadline.

Open the Conference screen

How to complete and file Form 13A

  1. 01

    Read the notice of settlement conference for the date and the hearing method (rule 13.01(2); rule 1.07).

  2. 02

    Count back 14 days from the conference date, and set that as your deadline (rule 13.03(2); rule 3.01).

  3. 03

    List each witness with their name, address, phone, and email (Form 13A).

  4. 04

    Gather copies of every document you rely on (rule 13.03(2)).

  5. 05

    Serve the list and the documents on each other party (rule 13.03(2)).

  6. 06

    File the list and the documents with the court by the same deadline (rule 13.03(2)).

  7. 07

    Attend the conference with authority to settle (rule 13.02).

Questions people ask about Form 13A

Do I have to file a witness list for a settlement conference?
Yes. Every party must serve and file a List of Proposed Witnesses (Form 13A) at least 14 days before the settlement conference (rule 13.03(2)). Copies of the documents they rely on go with it (rule 13.03(2)). The rule applies to plaintiffs and defendants alike. Parties must attend and take part, with authority to settle (rule 13.02). A party who does not attend risks costs, a struck Defence, or a dismissed claim [VERIFY].
What if I do not know all my witnesses yet?
List every person you plan to call now, with their contact details (Form 13A). If you learn of another witness later, serve and file an updated list as soon as you can. The court can refuse a witness who was not disclosed [VERIFY]. The form holds 5 witnesses; add more on a continuation sheet in the same format (Form 13A). The Conference screen keeps the list current from your case record.
Is the settlement conference held online?
Most are by video. In 2024–25, the court held about 37,500 settlement conferences by video and about 300 in person (Superior Court of Justice annual report) [VERIFY]. The notice states the method (rule 1.07). To change it, file a Request to Change Attendance Method (Form 1B) at least 30 days before (rule 1.07). The other side can object with Form 1C within 7 days (rule 1.07). The witness list deadline is the same either way (rule 13.03(2)).
How do I prepare for a settlement conference?
Serve and file Form 13A and your documents at least 14 days before (rule 13.03(2)). Read the other side's documents. Decide the number you can accept, and consider an Offer to Settle (Form 14A). An offer that beats the result can bring up to double costs (rule 14.07). Attend with authority to settle (rule 13.02). The Settlement Conference Package ($99) prepares a brief, the witness list, a document book, and an offer strategy.

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.