Motions in Small Claims Court: Form 15A, the fee, the steps

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The answer

A motion is how you ask the Small Claims Court for an order before, during, or after the case. You make it with a Notice of Motion and Supporting Affidavit (Form 15A). You get a hearing date from the clerk first. Then you serve the motion at least 7 days before that date, and file it with proof of service at least 3 days before. The fee to file a notice of motion is $127. The other side answers with an affidavit (Form 15B), served and filed at least 2 days before the hearing. Most motions are heard by video or telephone, or decided in writing.

What a motion is for

The claim, the Defence, the settlement conference, and the trial move a case along on their own. A motion is for the step the rules do not give you automatically. The common ones:

You want the court to	Rule	Notes
Set aside a noting in default or a default judgment	11.06	You need a meritorious defence, a reasonable explanation, and speed
Assess damages after default, in writing	11.03(2)(a)	Form 15A with the evidence of your loss attached
Extend the 6 months to serve the claim	8.01(2)	Ask before the time runs out where you can
Amend a claim or defence close to trial	12.01(3)	Amendments less than 30 days before trial need the court's leave
Change the hearing method	1.07	Form 1B, at least 30 days before; not a motion, but the same idea
Stop a party from bringing more motions	15.04	For repeated motions without merit
Set aside or vary an order made without notice	15.03(3)	Within 30 days after service of the order

The form: 15A, and the answer: 15B

Form 15A is one document. The notice of motion comes first, and your sworn affidavit follows it. The notice says what order you want and why. The affidavit gives the facts, in numbered paragraphs, with the documents attached as exhibits. Swear it before a commissioner for taking affidavits, a lawyer, or a paralegal.

The responding party files an Affidavit (Form 15B). The moving party can answer with a supplementary affidavit, served and filed at least 2 days before the hearing.

What to do

1. Get a hearing date from the clerk before you serve anything. In Toronto, motion dates are booked through the court's Calendly link.
2. Complete Form 15A: the order you ask for, the reasons, and the sworn facts with exhibits.
3. Serve it at least 7 days before the hearing date. Service goes to every party who has filed a claim, and to every defendant not noted in default.
4. File it with proof of service (Form 8A) at least 3 days before the hearing, and pay the $127 fee.
5. Read the other side's Form 15B when it arrives. Answer with a supplementary affidavit only if the facts need it.
6. Attend by the method on the notice: video, telephone, or in person. A motion can also be decided in writing when the rules say so or the judge finds that fair.
7. Do not ask to adjourn a motion before the hearing date without the written consent of every party, unless the court orders otherwise.

Motions without notice

A motion can go ahead without notice when notice is not needed or not reasonably possible. A party who gets an order that way must serve it on every affected party within 5 days after the order is signed. The motion materials go with it. An affected party can move to set aside or vary the order within 30 days after being served.

The motion people bring most: set aside a default judgment

A defendant who did not file a Defence in 20 days can be noted in default, and the plaintiff can get judgment. The court can set that aside, and any enforcement step, on terms. The defendant must show three things: a meritorious defence, a reasonable explanation for the default, and a motion made as soon as reasonably possible. All three matter. A good defence with a six-month delay is a weak motion. Read: default judgment and served with a claim.

What it costs

• Notice of motion: $127.
• Your time, and the other side's costs if you lose. Costs on a motion follow the same rules as the case: disbursements, a representation fee where one applies, and the 15% cap.
• A party who brings numerous motions without merit can be barred from bringing more without leave.

Questions people ask

What is a motion in Small Claims Court?

A request to the court for an order on a point the rules do not decide by themselves. Examples: setting aside a default judgment, extending a deadline, amending a pleading close to trial, or assessing damages in writing. It is made on Form 15A (rule 15.01(1)).

How much does a motion cost in Ontario Small Claims Court?

The court fee to file a notice of motion is $127 (O. Reg. 332/16, as stored 2026-01-06). If you lose, the court can order you to pay the other side's costs, subject to the 15% cap (Courts of Justice Act s. 29; rule 19.07).

How many days' notice do I give for a Small Claims Court motion?

Serve the notice of motion and supporting affidavit at least 7 days before the hearing date, and file it with proof of service at least 3 days before (rule 15.01(3)). A responding affidavit is served and filed at least 2 days before (rule 15.01(4)).

Can a motion be heard by video?

Yes. A motion can be heard with the parties attending by a method set under rule 1.07, which includes video and telephone, or decided in writing where the rules provide for it or the judge finds it fair and reasonable (rule 15.02).

How do I set aside a default judgment in Small Claims Court?

Bring a motion on Form 15A as soon as reasonably possible. Your affidavit must show a meritorious defence and a reasonable explanation for the default (rule 11.06). Attach the Defence you would file. The court can set aside the judgment and any enforcement step, on terms.

What is Form 15B?

Form 15B is the affidavit a responding party files to answer a motion. Serve it on every party who has filed a claim or defence and file it, with proof of service, at least 2 days before the hearing (rule 15.01(4)).

Can I make a motion without telling the other side?

Only when notice is unnecessary or not reasonably possible (rule 15.03(1)). You must then serve the order and the motion materials within 5 days after the order is signed, and the other side has 30 days to move to set it aside or vary it (rule 15.03(2)–(3)).

When to get a lawyer

Get legal advice before a motion to set aside a default judgment, or any motion where the other side has a lawyer. Legal services provided by Mithril Law — Jonathan Kleiman, licensed Ontario lawyer.

Free tools

• Count the 7-day and 3-day clocks: /calculators/deadlines
• Fill the Affidavit of Service (Form 8A): /build/8a
• Every form, explained: /forms
• The complete guide: Small Claims Court in Ontario