Settlement conference in Small Claims Court: what happens

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

At a settlement conference, a deputy judge meets both sides, hears each side's summary, gives a view of the case, and works toward a settlement. The conference is mandatory in every defended Small Claims case in Ontario. The court holds it within 90 days after a defendant files the first Defence. The judge does not decide the case that day [VERIFY]. The court holds about 38,700 settlement conferences a year in Ontario; 37,554 by video and 316 in person in 2024–25 [VERIFY source table].

This guide covers the day itself. For the 14-day preparation list, read how to prepare for your settlement conference. For the video set-up, read your settlement conference is by video. For the full path from claim to judgment, read how Small Claims Court works in Ontario.

What to do

1. Serve and file your documents and your Form 13A witness list at least 14 days before the conference.
2. Decide your settlement range before the day. Write down the lowest number you can accept.
3. Make sure the person who attends has authority to settle.
4. Join the video call 10 minutes early, with your documents open.
5. Give your summary in 2 minutes when the judge asks. Use the script below.
6. Listen to the judge's view of the case.
7. If you settle, write the terms before the call ends.
8. If you do not settle, file a Request to Clerk (Form 9B) to fix a trial date. The fee is $308, or $403 for a frequent claimant.

Our Settlement Conference Package prepares your brief, your Form 13A witness list, your document book, and your offer strategy: Settlement Conference Package.

Who must attend a settlement conference?

The parties and their representatives must participate, and they must have authority to settle. If a company is a party, it must send a person who can agree to a number. If you do not attend, the court can order costs against you, or strike your claim or your Defence [VERIFY subrule]. The court can also order a second settlement conference.

What happens, in order?

Most conferences take place by video.

1. The judge opens the conference and confirms who is present.
2. The judge explains the purpose: a settlement, or a shorter and clearer trial.
3. The plaintiff gives a short summary of the claim.
4. The defendant gives a short summary of the Defence.
5. The judge asks questions about the facts, the documents, and the amount.
6. The judge gives a view of the strengths and the weaknesses of each side.
7. The parties make offers. The judge can suggest a number.
8. If there is no settlement, the judge records the issues that remain for trial [VERIFY memorandum rule].

What you say at the conference stays out of the trial [VERIFY rule]. A different judge holds the trial [VERIFY].

What to say in your 2 minutes. Use this order:

• Say who you are and what you claim, in 1 sentence.
• Give the 3 key dates: the agreement, the problem, and your demand.
• State the amount. Keep the interest and the costs separate.
• Name your 2 strongest documents. Give the page number of each.
• Say the number that settles the case today.
• Stop. Let the judge ask questions.

If you are the defendant, say which parts you dispute and why. Then give your number.

What can the judge do?

The judge can	Rule
Recommend a settlement number	r. 13 [VERIFY subsection]
Narrow the issues for trial	r. 13 [VERIFY subsection]
Order a second settlement conference	r. 13.02(3)
Order costs against a party who does not attend	r. 13 [VERIFY subrule]
Strike a claim or a Defence for non-attendance	r. 13 [VERIFY subrule]
Order a trial management conference	r. 16.1 (O. Reg. 3/25)

The judge cannot force a settlement, and does not give judgment at the conference [VERIFY].

After the conference. If you settle, write the terms: the amount, each payment date, and what happens if a payment is late. Form 14D (Terms of Settlement) is the court form for written terms [VERIFY use]. If you do not settle, a party files Form 9B and pays the trial-date fee: $308, or $403 for a frequent claimant. The court can hold a trial management conference before the trial.

Offers. You serve an Offer to Settle (Form 14A) on the other party. You do not file it. The trial judge must not see an unaccepted offer before the judge decides liability and relief. If you beat your own offer at trial, the court can award up to double costs. For a defendant, the double costs run from the date of the offer. A self-represented party can get up to $1,500 more. Read the Offer to Settle and the double-costs rule.

Deadlines and fees

Fees are from O. Reg. 332/16, as stored 2026-01-06. They change on January 1, 2027.

• Settlement conference: within 90 days after the first Defence.
• Documents and Form 13A: serve and file at least 14 days before.
• The conference itself: no court fee.
• Trial date: $308, or $403 for a frequent claimant.
• Offer to Settle: serve it at least 7 days before trial for the costs effect.

Common mistakes

• Do not attend without authority to settle.
• Do not argue with the other side. Speak to the judge.
• Do not treat the judge's view as the judgment. The trial judge decides [VERIFY].
• Do not file an unaccepted Form 14A. Serve it.
• Do not agree to a number without written terms. Write the terms before the call ends.

Questions people ask

Is a settlement conference mandatory in Ontario Small Claims Court?

Yes. The court holds a settlement conference in every defended action (rule 13.01(1)). The clerk sets the date and serves a notice with a blank Form 13A (rule 13.01(2)). The conference takes place within 90 days after a defendant files the first Defence (rule 13.01(3)). The conference itself has no court fee (O. Reg. 332/16, as stored 2026-01-06).

Does the settlement conference judge decide my case?

No. The judge gives a view of the case and can recommend a settlement, but the judge does not give judgment at the conference (rule 13 [VERIFY subsection]). A different judge holds the trial [VERIFY]. What you say at the conference stays out of the trial [VERIFY rule]. The judge can narrow the issues, order a second conference (rule 13.02(3)), or order a trial management conference (rule 16.1).

What happens if I do not attend my settlement conference?

The parties and their representatives must participate, with authority to settle (rule 13.02). If you do not attend, the court can order costs against you, or strike your claim or your Defence [VERIFY subrule]. The court can also order a second settlement conference (rule 13.02(3)). If you cannot attend on the date, contact the court office before the day.

Do I have to make an offer at the settlement conference?

No rule makes you offer. An Offer to Settle (Form 14A) is a written offer that you serve on the other party. You do not file it (rule 14.04). If the other party refuses and you do as well or better at trial, the court can award up to double costs (rule 14.07). A self-represented party can get up to $1,500 more (rule 14.07(3)). Serve it at least 7 days before trial for the costs effect (rule 14.07).

How long after the settlement conference is the trial?

After the conference, a party files a Request to Clerk (Form 9B) and pays $308, or $403 for a frequent claimant, to fix a trial date (rule 16.01; O. Reg. 332/16, as stored 2026-01-06). The wait depends on the court location. A contested case takes 12 to 18 months from filing to trial: practitioner estimates [VERIFY]. The court can hold a trial management conference first (rule 16.1).

When to get a lawyer

Get legal advice before the conference if the other side has a representative, the amount is large, or the legal issues are hard. A lawyer can set your settlement range and check your offer before you serve it. 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