Default Judgment Ontario Small Claims Court: How to Get One

You filed your claim, served the defendant, and the 20-day response window has come and gone. No defence. No contact. Under Rule 11 of the Rules of the Small Claims Court, you can now ask the court to enter judgment without a hearing — but the process depends on what kind of debt you're claiming.

Noting the Default

Before you can request a judgment, you need the defendant officially noted in default. This is a two-step process:

1. File the Affidavit of Service (Form 8A). This proves you served the defendant properly under Rule 8. Without it, the court has no evidence the defendant knew about the claim.

2. File a Request to Clerk (Form 9B). Ask the clerk to note the defendant in default under Rule 11.01. The clerk checks the file, confirms the defence deadline has passed, and enters the noting.

Once noted in default, the defendant is barred from filing a defence or taking any procedural steps without leave of the court under Rule 11.06. The case is effectively frozen for them until and unless they successfully bring a motion to set aside the default.

Liquidated Claims: Clerk Signs Judgment

If your claim is for a liquidated debt — a fixed, ascertainable amount of money — you file a Default Judgment (Form 11B) and the clerk signs and issues the judgment without a hearing. The $94 fee applies (infrequent claimant) or $128 (frequent claimant).

Liquidated claims include unpaid invoices with specific amounts, loan repayments, deposits with a fixed return amount, and any debt where the number is determinable from the documents. The key test is whether a court officer can calculate the exact judgment amount from the face of the claim and attachments — no testimony needed.

The clerk's signed Form 11B is your judgment. You can immediately proceed to enforcement: garnishment notices, writs of seizure and sale, or debtor examinations.

Unliquidated Claims: Assessment Required

If the damages need to be calculated or evaluated — property damage, breach of contract without fixed pricing, personal injury — the clerk cannot sign a judgment. Under Rule 11.03, you need an assessment.

You have two options:

Motion in Writing for Assessment of Damages (Rule 11.03(2)). You file sworn Affidavits with evidence of your damages — repair invoices, expert estimates, loss calculations — and a judge evaluates them without a hearing. This works when your damages are well-documented and the calculation is clear.

Assessment Hearing. You file a Request to Clerk (Form 9B) to schedule a hearing before a deputy judge. You attend, present your evidence, and the judge assesses and awards damages. This is necessary when the damages are complex or the supporting evidence needs explanation.

Either way, you need to prove your actual loss. A default judgment on an unliquidated claim establishes liability — the defendant is responsible — but the amount still needs to be determined.

What a Default Judgment Covers

The judgment can include:

• The principal amount claimed
• Pre-judgment interest from the date specified in your Form 7A (at the Courts of Justice Act quarterly rate or a contractual rate)
• Court filing fees and disbursements

Costs are governed by Section 29 of the Courts of Justice Act: a costs award is generally capped at 15% of the claim amount, excluding court filing fees and reasonable disbursements, unless the court finds a higher award necessary in the interests of justice because of unreasonable conduct. The principal amount is limited by what you claim on Form 7A; the total judgment can also include interest, costs, and recoverable disbursements under the applicable rules.

Setting Aside a Default Judgment

A default judgment is not necessarily permanent. The defendant can bring a motion under Rule 11.06 to set it aside. To succeed, they must show:

1. A meritorious defence — a credible argument that, if heard, could change the outcome
2. A reasonable explanation for the default — they didn't receive the claim, were seriously ill, or had another legitimate reason for not responding in time
3. Prompt action — they brought the motion as soon as they learned about the default

Courts consider these factors together. A defendant who was properly served, ignored the claim, and waited months before acting will struggle. A defendant who genuinely didn't receive service and moved quickly after discovering the judgment has a stronger case.

If the default is set aside, the defendant gets to file a defence and the case proceeds normally through settlement conference and trial. Your default judgment is vacated.

Practical Timing

From service to default judgment, the minimum timeline for a liquidated claim is roughly 25 to 30 days: 20 days for the response window to expire, plus a few days for the clerk to process your Form 9B (noting in default) and Form 11B (default judgment). Unliquidated claims take longer because of the assessment step.

Don't rush to file Form 11B on day 21. Give the postal system a buffer — if the defendant was served by alternative service (leave-and-mail), the effective service date is five days after mailing, and the 20-day clock starts from that effective date.

For the complete process from filing through enforcement, including what happens at each stage, see our Ontario Small Claims Filing Guide.

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