The words, in plain English.

AAffidavit of Service

An Affidavit of Service is the sworn statement that proves who served a court document, on whom, when, where, and how. In Small Claims Court it is Form 8A, sworn by the person who served the document (rule 8.09.1(2)). File it with the court after you serve the claim. Without it, the clerk cannot note a defendant in default (rule 11.01). A lawyer or paralegal can file a certificate of service instead (rule 8.09.1(3)). There is no court fee to file Form 8A.

rule 8.09.1(2), O. Reg. 258/98

Fill Form 8A, freeServicePersonal serviceNoting in default

Assessment of damages

An assessment of damages is the hearing where a judge sets the amount a defaulted defendant must pay. It applies when the claim is not for a fixed sum. After noting in default, a liquidated claim gets a default judgment from the clerk (rule 11.02). Any other claim, such as damage to property or bad work, needs an assessment by a motion in writing or at a hearing (rule 11.03). The fee to fix an assessment date is $308 (O. Reg. 332/16, as stored 2026-01-06).

rule 11.03, O. Reg. 258/98

Default judgment stepsDefault judgmentLiquidated claimNoting in default

BBailiff

A bailiff is the court officer who enforces a writ of seizure and sale of personal property (Form 20C) in Small Claims Court (rule 20.06). The bailiff can seize the goods of the debtor and sell them to pay the judgment. You pay the fee of the bailiff each time the bailiff goes out: $38, or $64 when a sale happens (O. Reg. 332/16 s. 2(1), as stored 2026-01-06). Never seize property yourself; only the bailiff or the sheriff can. The court fee to issue the writ is $68.

rule 20.06, O. Reg. 258/98; O. Reg. 332/16 s. 2(1)

Collect your judgmentWrit of seizure and saleSheriffJudgment

CCertificate of judgment

A certificate of judgment is the official statement of a Small Claims Court judgment (rule 20.04). It shows the date of the order, the amount, the postjudgment interest rate, and the amount still owing. You get it with an Affidavit for Enforcement Request (Form 20P), and the form is Form 20A. You use it to enforce the judgment in a different court area. The fee is $30 (O. Reg. 332/16, as stored 2026-01-06).

rule 20.04, O. Reg. 258/98

Form 20A, explainedJudgmentTerritorial divisionWrit of seizure and sale

Clerk

A clerk is a member of the court office staff who runs the paperwork of a Small Claims Court case. The clerk issues a Plaintiff's Claim (rule 7.01) and notes a defendant in default on request (rule 11.01). The clerk signs a default judgment for a fixed sum (rule 11.02) and fixes the settlement conference (rule 13.01(2)). The clerk also issues enforcement documents, such as a writ or a notice of garnishment (rules 20.06, 20.08). The clerk cannot give legal advice.

rules 11.01–11.02, O. Reg. 258/98

How the court worksIssueNoting in defaultDefault judgmentDeputy judge

Costs

Costs means the money the court orders one party to pay the other for the expense of the case. In Small Claims Court, costs other than disbursements cannot exceed 15% of the amount claimed, unless the court penalizes a party for unreasonable conduct (Courts of Justice Act s. 29; rules 19.04, 19.06). A successful self-represented party can get up to $500 for inconvenience and expense (rule 19.05). A party who beats their own Offer to Settle can get up to double costs (rule 14.07).

Courts of Justice Act s. 29; rule 19.04, O. Reg. 258/98

Estimate your costsDisbursementsRepresentation feeOffer to Settle

DDefault judgment

A default judgment is a judgment the court gives against a defendant who did not file a Defence within 20 days after service (rule 9.01). First the clerk notes the defendant in default (rule 11.01). For a debt or a liquidated demand, the clerk then signs the Default Judgment (Form 11B) without a trial (rule 11.02). The fee is $94 (O. Reg. 332/16, as stored 2026-01-06). For other claims, a judge assesses the amount (rule 11.03). A defendant can ask the court to set the judgment aside (rule 11.06).

rule 11.02, O. Reg. 258/98

Get a default judgmentNoting in defaultLiquidated claimAssessment of damagesSet aside

Defence

A Defence is the document a defendant serves and files to dispute a Plaintiff's Claim. In Small Claims Court it is Form 9A, due within 20 days after service of the claim (rule 9.01). The defendant can dispute all of the claim, part of it, or admit it and propose terms of payment (rule 9.03). The fee to file a Defence is $77 (O. Reg. 332/16, as stored 2026-01-06). Every defended action then goes to a settlement conference (rule 13.01(1)).

rule 9.01, O. Reg. 258/98

Fill Form 9A, freeDefendantDefendant's ClaimSettlement conferenceDefault judgment

Defendant

A defendant is the person or business that a plaintiff sues. The Plaintiff's Claim must state the full legal name of the defendant and an address for service (rule 7.01(2)). A defendant has 20 days after service to serve and file a Defence (rule 9.01), and can make a Defendant's Claim within 20 days after that (rule 10.01(2)). A defendant who files nothing can be noted in default (rule 11.01). The costs of a defendant are also subject to the 15% cap (Courts of Justice Act s. 29).

rule 9.01, O. Reg. 258/98

Served with a claim? Start herePlaintiffDefenceDefendant's ClaimNoting in default

Defendant's Claim

A Defendant's Claim is a claim that a defendant makes back against the plaintiff, or against another person connected to the same events (rule 10.01). In Small Claims Court it is Form 10A. The defendant can issue it within 20 days after the Defence is filed; after that, only with the leave of the court (rule 10.01(2)). The fee is $108 (O. Reg. 332/16, as stored 2026-01-06). The person claimed against then has 20 days to file a Defence to it [VERIFY rule 10.03].

rule 10.01(2), O. Reg. 258/98

Fill Form 10A, freeDefenceDefendantPlaintiff's Claim

Deputy judge

A deputy judge is a lawyer appointed to hear Small Claims Court cases [VERIFY Courts of Justice Act s. 87]. Deputy judges hear most settlement conferences, motions, and trials in the court. A deputy judge has the powers of a judge in the case. The judge who runs your settlement conference does not hear your trial [VERIFY rule 13.02]. You do not need to know the difference to run your case; the rules and the deadlines are the same.

[VERIFY]

How the court worksClerkSettlement conferenceSmall Claims Court

Disbursements

Disbursements means the out-of-pocket amounts a party paid to run the case, apart from any fee for a representative. A successful party can recover reasonable disbursements: the court fees, service costs, and the cost to prepare the claim or the Defence (rule 19.01). The amount for claim preparation is capped at $200 (rule 19.01(4)). Disbursements sit outside the 15% costs cap (Courts of Justice Act s. 29). Keep every receipt, and list each amount at the end of the case.

rule 19.01, O. Reg. 258/98

Estimate your costsCostsRepresentation feeJudgment

Discoverability

Discoverability is the rule that starts the 2-year limitation period on the day you discovered the claim, not always the day the event happened (Limitations Act, 2002, ss. 4–5). You discovered the claim on the day you knew, or reasonably could know, four things (s. 5(1)). The four: a loss happened; an act or omission caused it; the defendant did it; and a court case is an appropriate response. The law presumes you knew on the day of the event, unless you prove otherwise (s. 5(2)).

Limitations Act, 2002, s. 5

Calculate your deadlineLimitation periodPlaintiff's Claim

Dismissal for delay

Dismissal for delay is the order by the clerk that ends a Small Claims Court action that has not moved. The clerk dismisses the action at its second anniversary if no party has taken a default step or requested a trial date (rule 11.1.01). The court dismissed more than 70,000 delayed actions in one recent year [VERIFY SCJ 2024–25 report]. Track your case dates. A party can move to set aside the dismissal [VERIFY rule 11.1.01]. The limitation period does not wait.

rule 11.1.01, O. Reg. 258/98

Track your case datesLimitation periodSet asideClerk

EExamination in aid of execution

An examination in aid of execution is a hearing where a judgment debtor answers questions under oath about income, assets, debts, and ability to pay. The Small Claims Court rules call it an examination of the debtor (rule 20.10). The clerk issues a Notice of Examination (Form 20H) on an Affidavit for Enforcement Request (Form 20P); the fee is $68 (O. Reg. 332/16, as stored 2026-01-06). A debtor who is a person must complete a Financial Information Form (Form 20I) (rule 20.10(4.1)). The judge can order payment terms (rule 20.10(7)).

rule 20.10, O. Reg. 258/98

Form 20H, explainedJudgmentGarnishmentWrit of seizure and sale

FFee waiver

A fee waiver is an order that lets a person with a low income use the court without paying court fees (O. Reg. 2/05; Administration of Justice Act ss. 4.3–4.9). You qualify without an income test if you receive Ontario Works, ODSP, or some other benefits, or hold a Legal Aid Ontario certificate [VERIFY]. Otherwise the test looks at household income, liquid assets, and net worth [VERIFY O. Reg. 2/05 amounts]. Ask the clerk with the fee waiver request form. Bailiff disbursements are not waived, in most cases.

O. Reg. 2/05

Court fees and fee waiversCostsDisbursementsClerk

Frequent claimant

A frequent claimant is a claimant who has already filed 10 or more claims in the same court office in the same calendar year (O. Reg. 332/16 s. 1(1)). A frequent claimant pays higher fees (O. Reg. 332/16, as stored 2026-01-06). A claim costs $228 instead of $108. A default judgment request costs $128 instead of $94. A trial date costs $403 instead of $308. A Defendant's Claim does not count toward the 10. Every other claimant is an infrequent claimant.

O. Reg. 332/16 s. 1(1)

The 10-claim fee rulePlaintiffPlaintiff's ClaimCosts

GGarnishee

A garnishee is a third party, such as an employer or a bank, that owes money to the judgment debtor (rule 20.08). It receives the Notice of Garnishment. Each notice names one debtor and one garnishee (rule 20.08(5)). A bank is served at the branch where the account is held (rule 20.08(6.2)). The garnishee pays the money into court, or files a statement that says why it owes nothing [VERIFY rule 20.08 and Form 20F]. An employer can send at most 20% of net wages (Wages Act s. 7(2)).

rule 20.08, O. Reg. 258/98

Form 20E, explainedGarnishmentJudgmentExamination in aid of execution

Garnishment

Garnishment is the enforcement step that takes money a third party owes to the judgment debtor, such as wages or a bank balance (rule 20.08). The creditor files an Affidavit for Enforcement Request (Form 20P), and the clerk issues a Notice of Garnishment (Form 20E). The fee is $144 (O. Reg. 332/16, as stored 2026-01-06). Wages are protected in part: at most 20% can be garnished (Wages Act s. 7(2)). Serve the debtor within 5 days after the garnishee (rule 20.08(6.1)). A garnishment lasts 6 years (rule 20.08).

rule 20.08, O. Reg. 258/98; Wages Act s. 7(2)

Form 20E, explainedGarnisheeJudgmentWrit of seizure and saleExamination in aid of execution

IIssue

Issue means the step by the clerk that turns your filed Plaintiff's Claim into a live court action. When you file Form 7A and pay the fee, the clerk dates, signs, and numbers the claim, and the action starts (rule 7.01) [VERIFY the issue mechanics]. The claim fee is $108 (O. Reg. 332/16, as stored 2026-01-06). Serve the issued claim, not your draft, within 6 months after the issue date (rule 8.01(2)). A Defendant's Claim is also issued by the clerk (rule 10.01(2)).

rule 8.01(2), O. Reg. 258/98

Fill Form 7A, freePlaintiff's ClaimClerkService

JJudgment

A judgment is the final decision of the court in the case. It orders who pays whom, how much, and with what interest and costs. In Small Claims Court, a judgment comes after a trial, at an assessment, or by default (rules 11.02, 11.03). Postjudgment interest runs on the amount until it is paid (Courts of Justice Act s. 129). A judgment is an order to pay, not a payment; the creditor enforces it under Rule 20 (rules 20.04–20.10).

Courts of Justice Act s. 129

Collect your judgmentDefault judgmentPostjudgment interestCertificate of judgmentGarnishment

LLimitation period

A limitation period is the deadline to start a court case. In Ontario, the basic period is 2 years from the day you discovered the claim (Limitations Act, 2002, s. 4; discovery s. 5). The outer limit is 15 years from the act or omission (s. 15). A signed written acknowledgment of a debt, or a part payment, can restart it [VERIFY Limitations Act, 2002, s. 13]. After you file, a second clock runs: dismissal for delay at the 2-year mark (rule 11.1.01).

Limitations Act, 2002, s. 4

Calculate your deadlineDiscoverabilityDismissal for delayPlaintiff's Claim

Liquidated claim

A liquidated claim is a claim for a fixed sum that a document or a simple calculation sets. Examples: an unpaid invoice, a loan, a bounced cheque, or a deposit with a set amount. If the defendant does not file a Defence, the clerk can sign a Default Judgment for a liquidated claim without a trial (rule 11.02). A claim that needs a judge to decide the amount, such as damage or bad work, is unliquidated and goes to an assessment (rule 11.03).

rule 11.02, O. Reg. 258/98

Get a default judgmentDefault judgmentAssessment of damagesNoting in default

NNoting in default

Noting in default is the record by the clerk that a defendant did not serve and file a Defence within 20 days after service (rule 9.01). The plaintiff asks for it with a Request to Clerk (Form 9B) and proof of service (rule 11.01; rule 8.09.1(2)). There is no court fee for this step [VERIFY O. Reg. 332/16]. A defendant noted in default cannot take part in the action without leave [VERIFY rule 11.05]. The next step is a default judgment (rule 11.02) or an assessment (rule 11.03).

rule 11.01, O. Reg. 258/98

Fill Form 9B, freeDefault judgmentAffidavit of ServiceDefenceSet aside

OOffer to Settle

An Offer to Settle is a written offer to end the case on set terms: Form 14A in Small Claims Court. You serve it on the other party and do not file it (rule 14.04). The trial judge must not see an unaccepted offer until the case is decided (rule 14.04). A plaintiff who beats their own offer, made at least 7 days before trial, can get up to double costs (rule 14.07). A self-represented party in that position can also get up to $1,500 (rule 14.07(3)).

rule 14.07, O. Reg. 258/98

Offer to settle, explainedCostsSettlement conferenceJudgment

PPersonal service

Personal service is the main way to serve a Plaintiff's Claim: you leave a copy with the defendant in person (rule 8.02). For a corporation, you leave it with an officer, a director, or a person in control at a place of business (rule 8.02). The person who serves then swears the Affidavit of Service (rule 8.09.1(2)). If personal service fails, rule 8.03 allows alternatives, such as a copy left with an adult at the residence plus a mailed copy (rule 8.03(2)). A mailbox drop is not personal service.

rule 8.02, O. Reg. 258/98

How to serve someone in OntarioServiceSubstituted serviceAffidavit of Service

Plaintiff

A plaintiff is the person or business that starts a Small Claims Court action by filing a Plaintiff's Claim (Form 7A) (rule 7.01). The claim must state the full name and contact details of the plaintiff, or the details of the representative with the Law Society number (rule 7.01(2)). The plaintiff pays the claim fee: $108 for an infrequent claimant (O. Reg. 332/16, as stored 2026-01-06). The plaintiff serves the claim within 6 months (rule 8.01(2)) and carries the burden to prove the claim at trial [VERIFY].

rule 7.01(2), O. Reg. 258/98

How to sue someone in OntarioDefendantPlaintiff's ClaimFrequent claimant

Plaintiff's Claim

A Plaintiff's Claim is the document that starts an action in Small Claims Court: Form 7A (rule 7.01). It must state the full names of the parties, the nature of the claim with dates and places, and the amount and relief claimed (rule 7.01(2)). It must also give the contact details of the plaintiff and an address for service, and attach the documents the plaintiff relies on (rule 7.01(2)). The fee is $108 (O. Reg. 332/16, as stored 2026-01-06). Serve it within 6 months after issue (rule 8.01(2)).

rule 7.01(2), O. Reg. 258/98

Fill Form 7A, freePlaintiffIssueServiceDefence

Postjudgment interest

Postjudgment interest is the interest that runs on a judgment from the date of the order until the debtor pays it (Courts of Justice Act s. 129). The rate is set each quarter; the quarter of the order fixes the rate [VERIFY Courts of Justice Act s. 127]. For a judgment in the first three quarters of 2026, the rate is 4.0% (rates table at ontario.ca). Add it to every enforcement request (Form 20P). If the contract sets a rate, the court can apply that rate instead [VERIFY].

Courts of Justice Act s. 129

Interest, explainedPrejudgment interestJudgmentCertificate of judgment

Prejudgment interest

Prejudgment interest is the interest on the amount claimed from the day the cause of action arose until the judgment (Courts of Justice Act s. 128(1)). If the contract sets a rate, that rate applies. If not, the Courts of Justice Act rate for the quarter in which you start the case applies [VERIFY Courts of Justice Act s. 127]. For cases started in the first three quarters of 2026, the rate is 2.5% (rates table at ontario.ca). Write the rate and the start date on Form 7A.

Courts of Justice Act s. 128(1)

Interest, explainedPostjudgment interestPlaintiff's ClaimJudgment

RRepresentation fee

A representation fee is the part of costs that pays for the lawyer or paralegal of a party at a trial or an assessment (rule 19.04). The court can award a reasonable amount. The total costs other than disbursements cannot exceed 15% of the amount claimed, unless the court penalizes unreasonable conduct (Courts of Justice Act s. 29; rule 19.06). A self-represented party gets no representation fee, but can receive up to $500 for inconvenience and expense (rule 19.05). This cap is why many people run their own case.

rule 19.04, O. Reg. 258/98; Courts of Justice Act s. 29

Paralegal or lawyer?CostsDisbursementsDeputy judge

SService

Service is the formal delivery of a court document to the other party. A Plaintiff's Claim must be served within 6 months after it is issued (rule 8.01(2)), by personal service (rule 8.02) or an allowed alternative (rule 8.03). You prove service with an Affidavit of Service (Form 8A) (rule 8.09.1(2)). The 20 days a defendant has to file a Defence run from service (rule 9.01). A Defence and an Offer to Settle are also served on the other party. Service costs are a recoverable disbursement (rule 19.01).

rule 8.01(2), O. Reg. 258/98

How to serve someone in OntarioPersonal serviceSubstituted serviceAffidavit of ServiceIssue

Set aside

Set aside means to cancel a court order so the case can go on as if the order had not been made. In Small Claims Court, a defendant can move to set aside a noting in default or a default judgment (rule 11.06). The court asks three things (rule 11.06). Is there a real defence? Is there a reasonable explanation for the default? Did the defendant move as soon as reasonably possible? The motion fee is $127 (O. Reg. 332/16, as stored 2026-01-06).

rule 11.06, O. Reg. 258/98

Default judgment, explainedDefault judgmentNoting in defaultDismissal for delay

Settlement conference

A settlement conference is a meeting with a judge that the court holds in every defended action (rule 13.01(1)). The clerk fixes the date and sends the notice with a blank Form 13A (rule 13.01(2)). The conference takes place within 90 days after the first Defence is filed (rule 13.01(3)). At least 14 days before, each party serves and files its documents and its Form 13A witness list (rule 13.03(2)). Parties must attend, with authority to settle (rule 13.02). Most conferences run by video [VERIFY SCJ 2024–25 report].

rule 13.01(1), O. Reg. 258/98

Prepare for your conferenceTrial management conferenceOffer to SettleDeputy judgeDefence

Sheriff

A sheriff is the officer who enforces a writ of seizure and sale of land (Form 20D) against the real property of a judgment debtor (rule 20.07). The clerk issues the writ to the sheriff of the area where the land is, on an Affidavit for Enforcement Request (Form 20P). The fee is $68 (O. Reg. 332/16, as stored 2026-01-06). The sheriff cannot sell the land in the first 6 months [VERIFY]. The writ lasts 6 years and can be renewed with Form 20N (rule 20.07).

rule 20.07, O. Reg. 258/98

Form 20D, explainedWrit of seizure and saleBailiffJudgment

Small Claims Court

Small Claims Court is the branch of the Ontario Superior Court of Justice that hears money claims up to $50,000 (Courts of Justice Act s. 23; O. Reg. 626/00 s. 1) [VERIFY Courts of Justice Act s. 22]. Interest and costs sit outside the limit (Courts of Justice Act s. 23). The limit rose from $35,000 on October 1, 2025 (O. Reg. 42/25). Licensed paralegals and lawyers can appear (Law Society Act s. 26.1). Appeals above $5,000 go to the Divisional Court (Courts of Justice Act s. 31).

Courts of Justice Act s. 23; O. Reg. 626/00 s. 1

Small Claims Court, explainedPlaintiffDefendantDeputy judgeTerritorial division

Substituted service

Substituted service is service by a method the court orders when personal service and the usual alternatives are impractical (rule 8.04). Examples: service by email to an address the defendant uses, or service on a relative in contact with the defendant [VERIFY]. You ask the court by motion, with an affidavit that shows what you tried [VERIFY Form 15A]; the motion fee is $127 (O. Reg. 332/16, as stored 2026-01-06). Once you follow the order, the claim is served, and the 20-day Defence clock runs (rule 9.01).

rule 8.04, O. Reg. 258/98

How to serve someone in OntarioServicePersonal serviceAffidavit of Service

TTerritorial division

A territorial division is the court area that a Small Claims Court office serves. You file your claim where the cause of action arose, or where any defendant lives or carries on business (rule 6.01). The office nearest to a defendant is a third option (rule 6.01). A claim filed in the wrong division can be moved, at a cost in time [VERIFY rule 6.01(2)]. To enforce a judgment in a different division, you use a certificate of judgment (rule 20.04). Toronto has its own filing portal (rule 1.05.5).

rule 6.01, O. Reg. 258/98

Which court location?Small Claims CourtCertificate of judgmentPlaintiff's Claim

Trial management conference

A trial management conference is a short hearing before trial where a judge sets how the trial will run (rule 16.1). The judge can fix the issues, the witnesses, the documents, and the time needed. The rule came into force on June 1, 2025 (O. Reg. 3/25). Not every case has one; the court orders it where it helps. It follows the settlement conference and the request for a trial date (rule 16.01). The fee to fix a trial date is $308 (O. Reg. 332/16, as stored 2026-01-06).

rule 16.1, O. Reg. 258/98

What to bring to trialSettlement conferenceDeputy judgeJudgment

WWrit of seizure and sale

A writ of seizure and sale is a court document that lets an officer seize and sell the property of a judgment debtor. Small Claims Court issues two kinds (rules 20.06–20.07). A writ against personal property (Form 20C) goes to a bailiff (rule 20.06). A writ against land (Form 20D) goes to the sheriff (rule 20.07). Each needs an Affidavit for Enforcement Request (Form 20P), and each costs $68 (O. Reg. 332/16, as stored 2026-01-06). A writ lasts 6 years and can be renewed with Form 20N (rules 20.06–20.07).

rules 20.06–20.07, O. Reg. 258/98

Form 20C, explainedBailiffSheriffJudgmentGarnishment

Legal information, not legal advice. Definitions summarize the Rules of the Small Claims Court (O. Reg. 258/98), the Courts of Justice Act, the Limitations Act, 2002, and the fee regulations. Items marked [VERIFY] have not been checked against the current consolidation.