Ontario Small Claims Court Rules

Ontario Small Claims Court RulesThe Ontario Small Claims Court Rules cited herein are current as of March 31, 2016 when they were last updated by the Ministry of the Attorney General.  They can also be found here at the e-laws website.

While designed to be less complex than those used in the Superior Court of Justice the Small Claims Court Rules are nevertheless a complete code of Rules that govern most, but not all, aspects of a proceeding in the Ontario Small Claims Court.

Please note that there are two important accompaniments to the Ontario Small Claims Court Rules: the Courts of Justice Act, which is the statute that empowers the Ontario Small Claims Court, and the Rules of Civil Procedure, which are what are used in the Superior Court of Justice.  If you wish to be an expert in the Ontario Small Claims Court you should have a working knowledge of all of these sources.

Rule 1    General.

Rule 2    Non-Compliance with the Rules.

Rule 3    Time.

Rule 4    Parties Under Disability.

Rule 5    Partnerships and Sole Proprietorships.

Rule 6    Forum and Jurisdiction.

Rule 7    Commencement of Proceedings.

Rule 8    Service.

Rule 9    Defence.

Rule 10    Defendant’s Claim.

Rule 11     Default Proceedings.

Rule 11.1    Dismissal by Clerk.

Rule 11.2    Request for Clerk’s Order on Consent.

Rule 11.3    Discontinuance.

Rule 12    Amendment.

Rule 13    Settlement Conferences.

Rule 14    Offer to Settle.

Rule 15    Motions.

Rule 16    Notice of Trial.

Rule 17    Trial.

Rule 18    Evidence at Trial.

Rule 19    Costs.

Rule 20    Enforcement of Orders.

Rule 21    Referee.

Rule 22    Payment into and out of Court.


Please be advised that the Ontario Small Claims Court Rules and their accompaniments are only one of many things a party must know in order to successful advance their case through the Ontario Small Claims Court.  Some of the other things include knowing the applicable statutory, common and case law to one’s case, trial procedures (which are not spelled out in the Rules) as well as general advocacy principles.  Your best bet for all of these things is to hire a professional legal representative like a paralegal or a lawyer.  Professional representation does make a difference.


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