How long does Small Claims Court take in Ontario?

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

An undefended claim can end in a default judgment soon after the 20-day Defence period. A defended claim in Ontario often takes 12 to 18 months from filing to trial (practitioner estimates [VERIFY]). Some clocks are fixed by the rules: 20 days for a Defence, 90 days to a settlement conference. The trial date depends on the court's calendar. For the full path, read how Small Claims Court works in Ontario.

What to do

1. Check your limitation deadline first. In most cases, you must start within 2 years of discovery.
2. Send a demand letter with a date to pay: /demand-letter.
3. File a complete claim. Attach every document you rely on.
4. Serve each defendant as soon as the court issues the claim. The limit is 6 months. File Form 8A the same week.
5. Count 20 days from service. Do not count the day of service.
6. No Defence? Note the defendant in default with Form 9B, then request default judgment with Form 11B.
7. Defence filed? The court sets a settlement conference within 90 days. Serve and file your documents and Form 13A at least 14 days before it.
8. No settlement? Request a trial date with Form 9B and pay $308. Track the 2-year court clock.

Our case tracker follows each step for you: /claim.

Which deadlines are fixed by the rules?

The rules fix these clocks:

Stage	Rule	Time
Start the claim	Limitations Act, 2002, s. 4	Within 2 years of discovery, in most cases
Serve the claim	Rule 8.01(2)	Within 6 months after the court issues it
Defence	Rule 9.01	20 days after service
Defendant's Claim	Rule 10.01(2)	Within 20 days after the Defence is filed
Settlement conference	Rule 13.01(3)	Within 90 days after the first Defence
Documents and Form 13A	Rule 13.03(2)	At least 14 days before the conference
Offer to Settle, for double costs	Rule 14.07	At least 7 days before trial
Change the hearing method	Rule 1.07	Form 1B at least 30 days before the hearing
Dismissal for delay	Rule 11.1.01	The 2nd anniversary of the claim
Writ of seizure and sale	Rules 20.06 and 20.07	6 years, renewable with Form 20N
Notice of garnishment	Rule 20.08	6 years, renewable

Count days by the court's method. Exclude the first day and include the last. If the last day is a holiday, the deadline moves to the next day that is not a holiday.

Which parts depend on the court's calendar?

The trial date is the big one. After the settlement conference, a party requests a trial date with Form 9B and pays the fee. The rules do not fix the wait after that. The court sets the date.

The hearing method also matters. The rules allow a hearing in person, by video, or by telephone. In practice, settlement conferences are almost all by video, and trials are mostly in person.

There were 65,919 new Small Claims proceedings in Ontario in 2025; more than 70,000 dismissed for delay in the year after May 2024 [VERIFY source table].

How long does an undefended claim take?

The sequence is:

• Day 0: the court issues your claim, and you serve it. Read how to serve someone in Ontario.
• Day 20 after service: the Defence deadline passes.
• Day 21 or later: you file Form 9B to note the defendant in default, with Form 8A.
• Same request: for a debt or a fixed amount, the clerk signs the Default Judgment (Form 11B). The fee is $94.
• For an amount the court must assess, you request an assessment hearing instead. The fee is $308.

The fixed part is 20 days. The rest depends on how fast you serve and how fast the clerk works. The defendant can ask the court to set aside a default judgment. Read the default judgment guide.

How long does a defended claim take?

• Day 20 after service: the Defence arrives.
• Within 90 days after the first Defence: the settlement conference. Practitioners report about 3 to 5 months in Toronto (practitioner estimates [VERIFY]).
• After the conference: a party requests a trial date.
• Filing to trial: about 12 to 18 months for a contested case (practitioner estimates [VERIFY]).

The court holds about 3 settlement conferences for every trial. A case can end at any point with a settlement. Read what happens at a settlement conference.

What makes a case slower?

• Bad service. If service was not valid, the 20-day clock did not start. You serve again.
• A defendant you cannot find. A motion for substituted service costs $127 and adds weeks.
• Adjournments. The court can impose terms on an adjournment, including compensation for wasted preparation.
• Amendments. An amended claim shows the changes underlined, and you serve it again.

What makes a case faster?

• A demand letter with a date to pay. It can end the dispute before you file.
• Complete documents attached to the claim.
• Fast service, and a Form 8A filed the same week.
• An Offer to Settle served early. A party who beats their own offer can get up to double costs. Read the Offer to Settle guide.

Deadlines and fees

These numbers apply in 2026. Court fees change on January 1, 2027.

• File the claim: $108, or $228 for a frequent claimant.
• Defence: 20 days after service. Default judgment request: $94.
• Settlement conference: within 90 days after the first Defence. Trial date: $308.
• Dismissal for delay: the 2nd anniversary of the claim.

Common mistakes

• Do not wait to serve. The 6-month limit runs from the day the court issues the claim.
• Do not file Form 9B before day 21. The clerk cannot note a default before the 20 days end.
• Do not expect a trial by video. Most trials are in person.

Questions people ask

How long does the defendant have to respond to a Small Claims Court claim in Ontario?

The defendant has 20 days after service to serve and file a Defence (rule 9.01). Count the days by the court's method: exclude the day of service, include the last day (rule 3.01). After day 20, you can ask the clerk to note the defendant in default (rule 11.01).

How long after the Defence is the settlement conference?

The settlement conference must be held within 90 days after the first Defence is filed (rule 13.01(3)). The clerk sets the date and serves the notice with Form 13A (rule 13.01(2)). Practitioners report about 3 to 5 months in Toronto (practitioner estimates [VERIFY]).

How long does it take to get a trial date?

The rules do not fix a time. After the settlement conference, a party requests a trial date with Form 9B and pays $308 (rule 16.01). The court then sets the date. A contested case often takes 12 to 18 months from filing to trial (practitioner estimates [VERIFY]).

Can the court dismiss my case if it takes too long?

Yes. The clerk dismisses an action at its 2nd anniversary if no one has requested a trial date or taken a judgment step (rule 11.1.01). More than 70,000 matters were dismissed for delay in one recent year [VERIFY source table]. Request the trial date after the conference to stop the clock.

How long do I have to serve the claim?

You must serve the claim within 6 months after the court issues it (rule 8.01(2)). The court can extend the time. The Defence clock does not start until service is complete. Prove service with Form 8A (rule 8.09.1(2)).

How long can I enforce a judgment?

A writ of seizure and sale lasts 6 years and can be renewed with Form 20N (rules 20.06 and 20.07). A notice of garnishment also lasts 6 years and can be renewed (rule 20.08). Postjudgment interest runs while the debt is unpaid, at 4.0% in 2026 (Courts of Justice Act, s. 129).

When to get a lawyer

Get legal advice if the defendant fights service, asks for adjournments, or files a Defendant's Claim. A lawyer can also tell you if a settlement offer is better than a long wait. 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