Assessment hearing in Small Claims Court: what happens

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The answer

An assessment is how the court sets the amount of a judgment when the defendant did not defend and the claim is not for a fixed sum. At an assessment you do not prove that the defendant is liable. You prove how much you lost. You can ask for it in writing, on a Notice of Motion and Supporting Affidavit (Form 15A). Or you can ask for an assessment hearing with a Request to Clerk (Form 9B). An assessment hearing runs like a trial. The fee to fix an assessment date is $308.

When you need an assessment, and when you do not

After service, the defendant has 20 days to file a Defence. If none arrives, you ask the clerk to note the defendant in default. What happens next depends on the kind of claim:

Your claim is for	What you get	Rule
A debt or a fixed sum: an unpaid invoice, a loan, a bounced cheque	The clerk signs a default judgment for the amount, interest, and costs. No assessment.	11.02
An amount the court has to decide: damage to property, a deposit plus the cost to finish, lost income	An assessment of damages, in writing or at a hearing	11.03

If one defendant filed a Defence and another did not, there is no separate assessment. The claim against the defaulting defendant goes to the settlement conference and, if needed, the trial with the rest of the case.

Two routes

In writing. File Form 15A: a notice of motion asking for an assessment of damages in writing, with an affidavit that sets out the loss and attaches every document that proves it. A judge reads it. If the affidavit is inadequate, the judge can ask for a further affidavit or order a hearing. The clerk serves the order on the parties.

At a hearing. File a request for an assessment hearing, which can be on Form 9B. The clerk fixes a date and sends you a notice of hearing. The hearing proceeds as a trial under Rule 17. You attend, give evidence, and answer the judge's questions about the amount.

The written route suits a loss that documents prove on their own. Examples: two repair estimates, a paid invoice, a contract price and the cost to finish. The hearing suits a loss that needs explaining or a witness.

What to bring or attach

The question at an assessment is the number. Bring what proves it:

• The contract, quote, or invoice that sets what was agreed.
• Proof of payment: receipts, e-transfer records, bank statements.
• Estimates or invoices for repair or replacement, ideally more than one.
• Photographs, dated, of the damage or the unfinished work.
• Records of lost income, if you claim it.
• The interest calculation: the rate, the start date, the amount.
• Your disbursements: the court fees and the cost of service, which the court can add as costs.

For a hearing, serve any written statement or document you rely on at least 30 days before the hearing date. It then goes in as evidence without the witness.

What to do

1. Note the defendant in default after the 20 days, with your Affidavit of Service on file.
2. Decide the route: Form 15A for an assessment in writing, or Form 9B for an assessment hearing.
3. Put the number together: the loss, the interest from the day the cause of action arose, and your disbursements.
4. Attach or serve the proof. For a hearing, serve documents at least 30 days before.
5. Pay the fee: $308 to fix an assessment date.
6. After judgment, enforce it: garnishment, a writ, or an examination, each on Form 20P. Read: how to collect a judgment.

What the defendant can still do

A defendant noted in default can move to set aside the noting in default or the judgment. The court looks for a meritorious defence, a reasonable explanation, and a motion made as soon as reasonably possible. So keep your proof of service, and keep the evidence of the amount. If the judgment is set aside, the case goes back on its normal path.

Questions people ask

What is an assessment hearing in Small Claims Court?

A hearing, run like a trial, at which the court decides the amount of a judgment against a defendant who did not defend (rule 11.03(4)). The plaintiff does not have to prove liability, only the amount of the claim (rule 11.03(5)).

When does a default judgment need an assessment?

When the claim is not for a debt or a fixed sum. A debt gets a default judgment signed by the clerk (rule 11.02). Damages the court has to measure, such as repair costs or lost income, need an assessment in writing or at a hearing (rule 11.03).

Can an assessment be done without a hearing?

Yes. File a notice of motion and supporting affidavit (Form 15A) asking for an assessment of damages in writing, with the documents attached (rule 11.03(2)(a)). A judge who finds the affidavit inadequate can ask for more or order a hearing (rule 11.03(3)).

How much does an assessment hearing cost?

The fee to fix a trial or assessment date is $308 for an infrequent claimant, $403 for a frequent claimant (O. Reg. 332/16, as stored 2026-01-06). Court fees and reasonable disbursements can be added to the judgment as costs (rule 19.01(1)).

Does the defendant come to the assessment hearing?

A defendant noted in default has no right to take part in the case unless the noting is set aside (rule 11.06). The hearing decides the amount on the plaintiff's evidence (rule 11.03(5)).

What if one defendant defended and another did not?

There is no separate assessment. The claim against the defaulting defendant goes to the settlement conference and, if needed, to trial with the rest of the case (rule 11.03(7)).

What do I have to prove at an assessment?

The amount, not the blame. Liability is treated as established against a defendant noted in default; you prove the loss with documents and, at a hearing, with evidence (rule 11.03(5)).

When to get a lawyer

Get legal advice if the amount is large, the loss is hard to document, or the defendant moves to set aside the default. Legal services provided by Mithril Law — Jonathan Kleiman, licensed Ontario lawyer.

Free tools

• Fill the Request to Clerk (Form 9B): /build/9b
• Fill the Affidavit of Service (Form 8A): /build/8a
• Fees and interest calculator: /calculators/costs
• The complete guide: Small Claims Court in Ontario