Guides · reviewed 2026-09-04

What to bring to trial in Small Claims Court

Legal information, not legal advice. Results depend on the facts of your case.

Legal information, not legal advice. This guide and our free tools give legal information. They do not give advice about your case. A licensed lawyer can give legal advice.

The answer

Small Claims trials happen in person by default. Trial day is about order, copies, and people. The evidence work happens before: at least 14 days before the settlement conference, and at least 30 days before the trial.

Two evidence deadlines

  • At least 14 days before the settlement conference: serve and file every document you rely on at trial, and your Form 13A witness list.
  • At least 30 days before the trial date: serve every document, signed witness statement, expert report, and audio or video record on every party. Served material is received in evidence, unless the trial judge orders otherwise.
  • A written statement must give the witness's name, phone number, and address for service, and an expert's qualifications.
  • The other side can summon the author of a statement to cross-examine them.

The checklist

  • Your claim or Defence, with every attachment.
  • Your document book: 3 copies. One for you, one for the judge, one for the other side.
  • The originals of key documents, when you have them.
  • A 1-page timeline of events, with dates.
  • A calculation sheet: the amount, the interest to trial day, and your court fees.
  • Receipts for your disbursements: filing, service, and copies. If you win, the court can order the other side to repay them.
  • Your Offer to Settle and its proof of service, for the costs stage.

Witnesses

Confirm each witness before the trial date. For an unwilling witness, serve a Summons to Witness (Form 18A) in person at least 10 days before the trial. Pay or offer attendance money at the same time. Attendance money is set by regulation: $11 each day, or $27 for a professional witness who is not a party, plus travel. The court fee to issue the summons is $33. Prove service of the summons with Form 8A. A summoned witness who does not attend can be brought to court by warrant. If your witness needs an interpreter, you must arrange one, unless the interpretation is between English and French.

On the day

  1. Arrive 30 minutes early. Find your courtroom on the daily list.
  2. Turn your phone off.
  3. Speak to the judge, not to the other side.
  4. Answer with facts and dates. Point to the page in the document book.
  5. Do not show the judge an unaccepted offer before judgment.
  6. After judgment, ask for costs: your fees, your disbursements, and the offer effect.

If a party does not show up

If the defendant does not attend, the judge can strike the Defence and let you prove your claim. If the plaintiff does not attend, the judge can dismiss the claim. The absent party can ask to set the judgment aside within 30 days after they learn of it. A trial is adjourned only by court order, and the court can order the party who caused it to pay compensation.

Common mistakes

  • Do not bring surprise documents. Serve them 30 days before the trial, and 14 days before the settlement conference. The trial judge can refuse a late document.
  • Do not rely on a promise to attend. A summons makes attendance a duty.
  • Do not forget to update the interest to trial day.
  • Do not bring 1 copy of anything. Bring 3.

When to get a lawyer

Get legal advice if the trial has hard legal issues, or the other side has a representative. Legal services provided by Mithril Law — Jonathan Kleiman, licensed Ontario lawyer.

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