What to bring to trial in Small Claims Court

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. You must serve and file your evidence at least 14 days before the settlement conference. Trial day is about order, copies, and people.

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 trial, and pay attendance money. Attendance money is set by regulation: $11 each day, or $27 for a professional witness, plus travel.

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.

Common mistakes

• Do not bring surprise documents. Serve and file them 14 days before the settlement conference. A document served at least 30 days before trial goes into evidence unless the judge orders otherwise. The trial judge decides whether to admit a late document. The court can also order costs for missing conference disclosure.
• Do not rely on a promise to attend. A summons makes attendance a duty. A witness who does not attend can be brought to court by warrant.
• 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.

Free tools

• Check if your claim is worth it: /check
• Write a demand letter: /demand-letter
• Fill in your court forms: /build/7a
• Calculate your deadlines: /calculators/deadlines