Clerk's Order in Ontario Small Claims Court (Form 11.2A)

Not every step in a Small Claims Court case requires a judge. Ontario's Small Claims Court clerks can issue certain administrative orders on their own, and the most useful one for defendants is the clerk's order on consent — where both parties agree to a specific outcome without a hearing.

What a Clerk Can Order

Under the Rules of the Small Claims Court (O. Reg. 258/98), clerks handle administrative functions that don't require judicial discretion:

• Noting a defendant in default (Rule 11.01) when a Defence isn't filed within 20 days
• Entering default judgment for liquidated claims (Rule 11.02) — fixed-sum debts where the amount owing is clear
• Issuing process — summonses, garnishment notices, writs of seizure and sale
• Scheduling — settlement conferences, trial dates, motion hearings

The clerk cannot make findings of fact, assess credibility, or decide contested matters. The clerk may assess prescribed disbursements and issue specific orders authorized by the rules, including some consent orders with costs; a judge decides matters requiring judicial discretion.

Clerk's Order on Consent (Form 11.2A)

The most relevant clerk's order for defendants is the Request for Clerk's Order on Consent (Form 11.2A). Rule 11.2 limits this request to specific relief, including setting aside a noting in default or default judgment, noting full payment of a judgment or settlement, dismissing an action, restoring a matter dismissed for delay, or certain changes to parties or pleadings less than 30 days before trial. It is handled without a hearing when the rule's conditions are met.

The clerk checks whether the requested relief and signed consent meet Rule 11.2. A private agreement alone is not a court order.

When to Use a Clerk's Order on Consent

Common scenarios where Form 11.2A makes sense:

You've paid a judgment or settlement in full. The parties can request an order noting that payment was made in full satisfaction of the judgment or terms of settlement.

You want the claim dismissed. If the plaintiff agrees to drop the case (perhaps after you've paid in full or the parties have resolved the underlying dispute), a consent order formally closes the court file.

Changing a pleading or party near trial. If all affected parties agree to amend a claim or Defence, or to add, delete, or substitute a party, less than 30 days before the scheduled trial, they can request the order under Rule 11.2.

What the Consent Order Needs

Form 11.2A requires:

• The court file number and location
• All parties' signatures and a statement that each received a copy of the request and that no affected party is under disability
• The specific terms of the order — be precise about amounts, dates, and conditions
• A statement that both parties consent to the order

State the relief precisely. For example, specify whether the request is to dismiss the action or to note that a judgment has been paid in full.

The Difference Between a Clerk's Order and a Judge's Order

A clerk's order on consent carries the same legal force as a judge's order — it's enforceable through the same mechanisms. The difference is the process:

• Clerk's order: Both parties consent, no hearing required, issued administratively
• Judge's order: One or both parties contest something, a hearing is scheduled, the judge decides

If the other side won't consent to the terms you want, a clerk's order isn't available. You'll need to either negotiate further or resolve the issue through a motion (Form 15A, $127 filing fee) before a judge.

Clerk's Orders for Noting in Default

From the defendant's perspective, the most dangerous clerk's order is the one you don't see: the noting in default under Rule 11.01. When your 20-day deadline passes without a filed Defence, the plaintiff can request the clerk to note you in default. This is an administrative act — the clerk checks whether 20 days have elapsed and whether a Defence was filed. If the answer is yes and no, the noting is entered.

Once noted in default, you lose the right to defend without either the plaintiff's written consent or a court order (obtained through a Form 15A motion). The clerk then has authority to enter default judgment on liquidated claims without a judge.

Our Defending a Claim in Ontario Small Claims Court guide explains both the consent settlement process and the default relief procedures — so you know when a clerk's order works in your favour and when you need a judge.

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