Rules of the Small Claims Court (O. Reg. 258/98), explained
The Rules of the Small Claims Court, O. Reg. 258/98, rule by rule: where to read them, what each rule does, the forms they use, and the 2025 changes.
By the Make Them Pay team · reviewed 2026-09-14 · 9 min read
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
The Rules of the Small Claims Court are Ontario Regulation 258/98, made under the Courts of Justice Act. They govern every step of a Small Claims Court case: the claim, service, the defence, default, the settlement conference, the trial, costs, and enforcement. The current text is free on e-Laws at ontario.ca/laws/regulation/980258. The Rules of Civil Procedure do not apply in Small Claims Court. The official forms that the rules name are free at ontariocourtforms.on.ca; this site fills the common ones from your answers.
Where the rules come from
The Courts of Justice Act creates the Small Claims Court as a branch of the Superior Court of Justice. It sets the court's jurisdiction: money and personal property up to the prescribed amount, which is $50,000. The Act lets the Civil Rules Committee make rules for the court. Those rules are O. Reg. 258/98. Fees are in a separate regulation, O. Reg. 332/16, and the fee waiver is in O. Reg. 2/05.
Two things follow. First, a rule number in a court document ("rule 9.01") points into O. Reg. 258/98. Second, the fee regulation changed in 2016: a guide that quotes fees from the older regulation is out of date.
The rules, one by one
| Rule | What it does | Forms |
|---|---|---|
| 1 | Definitions, the court's territorial divisions, hearing methods (rule 1.07), and the filing portals: Submissions Online outside Toronto (rule 1.05.4), the Ontario Courts Public Portal and Case Center in Toronto (rules 1.05.5, 1.05.6) | 1A, 1B, 1C |
| 2 | A failure to follow a rule is an irregularity, not a nullity (rule 2.01); the court can dispense with a rule in the interest of justice (rule 2.02) | |
| 3 | How time is counted: exclude the first day, include the last, roll a holiday to the next day (rule 3.01) | |
| 4 | Parties under disability sue and defend through a litigation guardian (rule 4.01) | 4A |
| 5 | Partnerships and sole proprietorships as parties | |
| 6 | Where to start the action: the territorial division of the cause of action, the defendant, or the nearest sitting place (rule 6.01); no splitting a claim to fit the limit (rule 6.02) | |
| 7 | The Plaintiff's Claim: what it must contain and the documents to attach (rule 7.01) | 7A |
| 8 | Service: personal service and the alternatives (rules 8.02, 8.03), 6 months to serve the claim (rule 8.01(2)), proof of service by affidavit (rule 8.09.1(2)) | 8A, 8B |
| 9 | The Defence, due 20 days after service (rule 9.01); admit and propose payment terms (rule 9.03) | 9A, 9B |
| 10 | The Defendant's Claim, within 20 days after the Defence (rule 10.01(2)) | 10A |
| 11 | Default: noting in default (rule 11.01), default judgment for a debt (rule 11.02), assessment of damages (rule 11.03), setting aside (rule 11.06) | 9B, 11B |
| 11.1 | Dismissal for delay at the second anniversary when nothing has moved (rule 11.1.01) | |
| 12 | Amending a claim or defence, at least 30 days before trial (rule 12.01) | |
| 13 | The settlement conference in every defended action (rule 13.01), within 90 days after the first Defence (rule 13.01(3)); disclosure and the witness list 14 days before (rule 13.03(2)) | 13A |
| 14 | Offers to settle: served, not filed (rule 14.04); double costs and the $1,500 top-up for beating your own offer (rule 14.07) | 14A |
| 15 | Motions: a notice of motion and supporting affidavit, served at least 7 days before the hearing (rule 15.01) | 15A, 15B |
| 16 | Setting a trial date (rule 16.01); the trial management conference (rule 16.1) | 9B |
| 17 | The trial | |
| 18 | Evidence at trial: a document or witness statement served at least 30 days before trial goes in as evidence unless the judge orders otherwise (rule 18.02) | |
| 19 | Costs: disbursements (rule 19.01), representation fees (rule 19.04), the $500 self-represented allowance (rule 19.05), penalties (rule 19.06), the 15% cap (rule 19.07) | |
| 20 | Enforcement: the enforcement affidavit, certificates of judgment, writs, garnishment, and the examination of a debtor (rules 20.04 to 20.10) | 20A to 20P |
Every form the rules name has its own page here: every form, explained.
The rules people search for most
- Rule 6.01, venue. Start where the cause of action arose, where a defendant lives or carries on business, or at the sitting place nearest to a defendant. Read: which court location?
- Rule 7.01, the claim. Names and capacity, the story with dates and places, the amount, your contact details, and the documents you rely on. Read: Form 7A, step by step.
- Rule 8.01(2), six months to serve. The claim must be served within 6 months after it is issued; the court can extend the time. Read: how to serve someone in Ontario.
- Rule 9.01, twenty days to defend. The Defence is due 20 days after service. Read: served with a claim.
- Rule 11.1.01, dismissal for delay. The clerk dismisses an action at its second anniversary if no judgment step or trial-date request was taken. More than 70,000 Small Claims matters were dismissed this way in the year after May 2024.
- Rule 13.01, the settlement conference. Mandatory in every defended action. Read: what happens at a settlement conference.
- Rule 14.07, offers to settle. Beat your own offer and the court can double your costs, plus up to $1,500 if you represented yourself. Read: the Offer to Settle.
- Rule 19.04 and the 15% cap. A representation fee is recoverable, but costs other than disbursements cannot exceed 15% of the amount claimed.
- Rule 20, enforcement. Garnishment (rule 20.08), writs of seizure and sale (rules 20.06, 20.07), and the examination of the debtor (rule 20.10), each started with the enforcement affidavit (Form 20P). Read: how to collect a judgment.
What changed in the rules in 2025
| In force | Change | Regulation |
|---|---|---|
| June 1, 2025 | Hearing methods (rule 1.07, Forms 1B and 1C), the trial management conference (rule 16.1), restructured costs rules (rules 19.01 to 19.07), the $1,500 top-up for a self-represented party who beats their offer (rule 14.07(3)) | O. Reg. 3/25 |
| October 1, 2025 | The monetary limit rose to $50,000 | O. Reg. 42/25 (amending O. Reg. 626/00) |
| October 6, 2025 | Writs last 6 years and renew on Form 20N | O. Reg. 222/25 |
| October 14, 2025 | The filing portals written into the rules: Submissions Online (rule 1.05.4), the Ontario Courts Public Portal (rule 1.05.5), Case Center (rule 1.05.6) | O. Reg. 227/25 |
In January 2026 the Superior Court's Regional Senior Judges' Council decided to form a committee for a full review of the Small Claims Court rules. More changes are likely to follow. This site quotes the consolidation date for every fee and rule it relies on.
How to read a rule
A rule number has up to three parts. "Rule 8.09.1(2)" means Rule 8, section 8.09.1, subrule (2). On e-Laws, use the table of contents on the left of the page, or search the page for the number. The text in force on a given date is under "Versions." The forms are not in the regulation; they are on the Ontario Court Forms site, each with its own revision date.
What to do
- Find the rule that governs your step in the table above, and open it on e-Laws.
- Count every deadline the way rule 3.01 counts: exclude the first day, include the last. The deadline calculator does this.
- Use the official form the rule names, in its current revision. The free builders fill the current forms.
- Keep proof of every step: the issued claim, the affidavit of service, the filing receipts.
- Get legal advice when a rule gives the court discretion and the amount is large.
Questions people ask
Where can I read the Rules of the Small Claims Court?
On e-Laws, the Ontario government's law site: ontario.ca/laws/regulation/980258. The regulation is O. Reg. 258/98 under the Courts of Justice Act. The page shows the current consolidated text and every earlier version.
Do the Rules of Civil Procedure apply in Small Claims Court?
No. The Rules of Civil Procedure say they do not apply to proceedings in the Small Claims Court, which are governed by O. Reg. 258/98 (Rules of Civil Procedure, r. 1.02(1)). Small Claims Court has its own, shorter rules.
Which rule sets the 20 days to file a Defence?
Rule 9.01 of the Rules of the Small Claims Court: the Defence (Form 9A) is due 20 days after service of the claim. Days are counted under rule 3.01, so a deadline on a holiday moves to the next day that is not a holiday.
Which forms do the Rules of the Small Claims Court use?
The rules name numbered forms. The common ones are 7A (Plaintiff's Claim), 8A (Affidavit of Service), 9A (Defence), 9B (Request to Clerk), 10A (Defendant's Claim), and 11B (Default Judgment). Later steps use 13A (List of Proposed Witnesses), 14A (Offer to Settle), and 15A (Notice of Motion and Supporting Affidavit). The Rule 20 enforcement forms run from 20A to 20P. The official PDFs are at ontariocourtforms.on.ca.
What happens if I break a rule?
A failure to comply with the rules is an irregularity, not a nullity. The court can grant the amendments or relief needed to decide the real dispute, on terms, and it can dispense with a rule in the interest of justice (rules 2.01, 2.02). Missing a deadline can still cost you. A claim not served within 6 months can be dismissed (rule 8.01(2)). An action that has not moved by its second anniversary is dismissed for delay (rule 11.1.01).
What were the biggest rule changes in 2025?
Four regulations: O. Reg. 3/25 (hearing methods, trial management conferences, costs, June 1), O. Reg. 42/25 (the $50,000 limit, October 1), O. Reg. 222/25 (6-year writs, October 6), and O. Reg. 227/25 (the online filing portals, October 14).
Is there a rule about how to count days?
Yes, rule 3.01. Exclude the day the period starts and include the last day. If the last day is a holiday, the deadline moves to the next day that is not a holiday.
When to get a lawyer
Get legal advice if a rule gives the court discretion over your case, or if you missed a deadline. Get it too if the other side has a lawyer. Legal services provided by Mithril Law — Jonathan Kleiman, licensed Ontario lawyer.
Free tools
- Every form, explained: /forms
- Count your deadlines under rule 3.01: /calculators/deadlines
- Fill Form 7A: /build/7a
- The complete guide: Small Claims Court in Ontario
Primary sources
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