Ontario Small Claims Court Forms
Below is a list of the most commonly used Ontario Small Claims Court forms available in both Microsoft Word and Adobe PDF. For a complete list visit www.ontariocourtforms.on.ca which is run by the Attorney General’s Court Services Division. These forms constitute part of the Ontario Small Claims Court Rules.
NOTE: If you found this page because you are thinking about representing yourself may we first suggest you read our page “Risks and Perils of Self-Representation.”
Form 7A – Plaintiff’s Claim: If you wish to start a lawsuit this is the form you use. The person who commences a lawsuit, also called a claim or an action, is referred to as the Plaintiff. The court fee to file a Plaintiff’s Claim is $75. Once a Plaintiff’s Claim is served upon a Defendant the Defendant then has the option of filing a Defence (see next Ontario Small Claims Court forms).
Form 9A – Defence: If you are being sued and you wish to dispute the Plaintiff’s Claim then you need to file a Defence (normally within 20 days of being served with a Plaintiff’s Claim). This form can be used in response to either a Plaintiff’s Claim or a Defendant’s Claim. The court filing fee for a Defence is $40. After all of the Defendant’s have filed a Defence (or been noted in default) then the matter proceeds to a Settlement Conference.
Form 10A – Defendant’s Claim: A Defendant may file a claim against a Plaintiff or any third party by using this form. (Unlike Superior Court there is no Counterclaim form among the Ontario Small Claims Court forms). A Defendant’s Claim, if pursued, must be filed within 20 days of a Defendant filing their Defence.you are being sued and you wish to dispute the Plaintiff’s Claim then you need to file a Defence. This form can be used in response to either a Plaintiff’s Claim or a Defendant’s Claim. The court filing fee for a Defendant’s Claim is $75.
Form 1A – Additional Parties: If there is more than one Plaintiff or Defendant then you will need to list them on an Additional Parties page and attach it as the second page to a Plaintiff’s Claim, Defence and/or Defendant’s Claim. This page can also be used for other Ontario Small Claims Court forms such as Default Judgment and Notice of Motion.
List of Proposed Witnesses
Form 13A – List of Proposed Witnesses: If one or more Defendant’s have filed a Defence then the matter will proceed to a Settlement Conference. At least 14 days before the hearing the parties are supposed to exchange any documents they intend to rely upon and provide a List of Proposed Witnesses. Even though this is one of the simplest Ontario Small Claims Court forms to fill out it is often not done in which case the Settlement Conference Judge will usually make an order regarding same.
Terms of Settlement
Form 14D – Terms of Settlement: The vast majority of defended actions in the Ontario Small Claims Court get settled at the Settlement Conference stage. The most common form to document a settlement is the Terms of Settlement form. The court usually has copies of this form on hand in order to expedite and facilitate the settlement process. Be advised that some courts use settlement forms that are not part of the official Ontario Small Claims Court forms.
Notice of Motion
Form 15A – Notice of Motion: At any stage of a proceeding a party can bring a motion if necessary. A motion is a type of hearing usually to make a request of the court such as setting aside a default judgment, extending the time to file or serve a document, changing the jurisdiction of a matter, etc. The court filing fee for a motion is $40.
Summons to Witness
Form 18A – Summons to Witness: If a matter does not settle then either of the parties may request a trial date (usually it is the Plaintiff who does this but technically any party can do it). If you wish to ensure the attendance of a witness then the must be served with a Summons. The court filing fee for a Summons is $19 and attendance money must be a paid to a witness. From among the Ontario Small Claims Court forms one would also need to complete and file and Affidavit of Service after serving the summons upon a witness.)
Form 1A.1 – Additional Debtors: After a judgment is entered the person whom the judgment is entered against is referred to as the judgment debtor. If there is more than one judgment debtor then this is the form that is used to list them. The form is very similar to Form 1A, the Additional Parties page. Most enforcement proceedings are debtor specific so this form is not needed in most instances. It is most commonly used on the Writ of Seizure and Sale of Lands form.
Affidavit for Enforcement Request
Form 20P – Affidavit for Enforcement Request: Any enforcement proceeding is commenced by completing this form in which the particulars of the judgment is set out and the specific enforcement method is requested. In some cases in needs to be served upon the debtor along with an other form (such as a Notice of Garnishment). This form is one of only a handful of multipurpose Ontario Small Claims Court forms.
Notice of Garnishment
Form 20E – Notice of Garnishment: A judgment debtor who does not voluntarily pay to satisfy a judgment may be subject to enforcement proceedings such as a garnishment. This enables a judgment creditor to seize any monies intended for the judgment debtor from third parties (such as a bank, employer, etc.) From among the Ontario Small Claims Court forms a garnishee must also be served with a Garnishee Statement (Form 20F) and the judgment debtor with an Affidavit for Enforcement Request (Form 20P]. The court filing fee for a Garnishment is $100.
Writ of Seizure and Sale of Lands
Form 20D – Writ of Seizure and Sale of Lands: A judgment debtor who does not voluntarily pay to satisfy a judgment may be subject to enforcement proceedings such as a Writ of Seizure and Sale of Lands. This enables a judgment creditor to encumber the real property of a judgment debtor. In order to be effective, the Writ needs to be filed with the Sheriff’s Department after it is filed with the Small Claims Court. There is a fee for both the court and the Sheriff’s Office.
Affidavit of Service
Form 8A – Affidavit of Service: If a document must be served AND proof of service is required then one must complete and file an Affidavit of Service. (Note: In some cases an Affidavit of Service is not required if the other side takes action that proves service occurred. For example a Plaintiff does not need to file an Affidavit of Service for a Plaintiff’s Claim if a Defendant files a Defence.) After the Plaintiff’s Claim and Defence the Affidavit of Service is probably the most commonly used of all of the Ontario Small Claims Court forms.
Request to Clerk
Form 9B – Request to Clerk: This in one of only a handful of multiple purpose Ontario Small Claims Court forms. It can be used for scheduling a trial date, scheduling an assessment of damages hearing and noting a party in default among other things.
Notice Regarding These Forms
We have done our best to keep these Ontario Small Claims Court forms current, however, if you find an out-of-date form please let us know. As always you can get a complete list of the Ontario Small Claims Court forms at www.ontariocourtforms.on.ca
which is run by the Attorney General’s Court Services Division
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