How do I note a defendant in default in Ontario Small Claims Court?

Wait until the 20 days for a Defence have passed (rule 9.01). File the Affidavit of Service as proof of service (rule 8.09.1(2)). Then file a Request to Clerk (Form 9B) that asks the clerk to note the defendant in default (rule 11.01). For a debt or a fixed amount, file Form 11B at the same time so the clerk can sign default judgment (rule 11.02). For other claims, request an assessment (rule 11.03).

How do I get a trial date in Small Claims Court?

After the settlement conference, any party can request a trial date with a Request to Clerk (Form 9B) and the trial fee (rule 16.01). The clerk sets the date. The court can hold a trial management conference first (rule 16.1). Request the date in time. The clerk dismisses an action at its second anniversary if no party has requested a trial date or taken a judgment step (rule 11.1.01).

Can I use Form 9B to dispute payment terms?

Yes. When a defendant admits the claim and proposes payment terms in the Defence, the plaintiff has 20 days to dispute them (rule 9.03(3)). File a Request to Clerk (Form 9B) and tick the box that disputes the terms (Form 9B). The court then decides the terms at a hearing [VERIFY]. The free Form 9B interview fills the request from your answers.

Where do I file a Request to Clerk?

In the court file for the claim, at the Small Claims Court location where the claim was issued. Outside Toronto, file it through Small Claims Court Submissions Online (rule 1.05.4). In Toronto, file it through the Ontario Courts Public Portal (rule 1.05.5). Attach what the request depends on: the Affidavit of Service for a default request (rule 11.01), and the fee for a trial date (rule 16.01).

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Ontario Small Claims Court · For either side · rule 11.01

Form 9B: Request to Clerk

Form 9B is the Request to Clerk, the form that asks the clerk of the Ontario Small Claims Court to act on the file. It can ask the clerk to note a defendant in default (rule 11.01), to fix a trial date (rule 16.01), or to record a dispute of proposed payment terms (rule 9.03(3)). It can also request an assessment hearing after a default on an unliquidated claim (rule 11.03). One form can carry more than one request (Form 9B).

Fill Form 9B, free The official PDF (ontariocourtforms.on.ca)

When you use it

• Use it to note a defendant in default after 20 days with no Defence and proof of service filed (rule 11.01).
• Use it after the settlement conference to request a trial date, with the trial fee (rule 16.01).
• Use it to dispute the payment terms a defendant proposed, within 20 days after the Defence (rule 9.03(3)).
• Use it to request an assessment hearing when the defaulted claim is not for a fixed amount (rule 11.03).

The facts

Rule: rule 11.01, O. Reg. 258/98
Court fee: No court fee for the request itself; the step it requests can carry one: default judgment $94, trial date $308 (O. Reg. 332/16, as stored 2026-01-06)
Official revision: Jan 2014
Who files it: For either side

How this site fills it

The free Form 9B interview asks which request you make, names the parties, and fills the official PDF. It ticks each request box that applies.

Fill Form 9B, free

How to complete and file Form 9B

01
Check that the step is ready: 20 days passed with no Defence, or the settlement conference is done (rule 9.01; rule 16.01).
02
Tick each request that applies on the form (Form 9B).
03
For a default request, name each defendant to note in default, and file the Affidavit of Service (rule 11.01).
04
For a trial date, pay the trial fee with the request (rule 16.01; O. Reg. 332/16).
05
Sign and date the request.
06
File it through Submissions Online outside Toronto (rule 1.05.4) or the Ontario Courts Public Portal in Toronto (rule 1.05.5).

Questions people ask about Form 9B

How do I note a defendant in default in Ontario Small Claims Court?: Wait until the 20 days for a Defence have passed (rule 9.01). File the Affidavit of Service as proof of service (rule 8.09.1(2)). Then file a Request to Clerk (Form 9B) that asks the clerk to note the defendant in default (rule 11.01). For a debt or a fixed amount, file Form 11B at the same time so the clerk can sign default judgment (rule 11.02). For other claims, request an assessment (rule 11.03).
How do I get a trial date in Small Claims Court?: After the settlement conference, any party can request a trial date with a Request to Clerk (Form 9B) and the trial fee (rule 16.01). The clerk sets the date. The court can hold a trial management conference first (rule 16.1). Request the date in time. The clerk dismisses an action at its second anniversary if no party has requested a trial date or taken a judgment step (rule 11.1.01).
Can I use Form 9B to dispute payment terms?: Yes. When a defendant admits the claim and proposes payment terms in the Defence, the plaintiff has 20 days to dispute them (rule 9.03(3)). File a Request to Clerk (Form 9B) and tick the box that disputes the terms (Form 9B). The court then decides the terms at a hearing [VERIFY]. The free Form 9B interview fills the request from your answers.
Where do I file a Request to Clerk?: In the court file for the claim, at the Small Claims Court location where the claim was issued. Outside Toronto, file it through Small Claims Court Submissions Online (rule 1.05.4). In Toronto, file it through the Ontario Courts Public Portal (rule 1.05.5). Attach what the request depends on: the Affidavit of Service for a default request (rule 11.01), and the fee for a trial date (rule 16.01).

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.

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