Default Judgment in Saskatchewan Small Claims Court

You sent the demand letter, filed your Form A Summons, paid the C$100 filing fee, and served the defendant through personal service or registered mail. The appearance date arrives and the other side has done nothing — no Form B Reply, no phone call to the court, no sign of life. This is where default judgment enters the picture.

What Triggers a Default in Saskatchewan Small Claims

A defendant who receives a properly served Form A Summons has one obligation before the scheduled court date: file a Form B Reply (along with the C$50 filing fee) and serve a copy on the plaintiff at least 10 days before the first appearance.

When neither happens — no reply filed, no reply served — the defendant is in default. The same applies if the defendant files a reply but fails to show up on the court date.

Default judgment means the judge can rule in your favour without hearing from the other side. You still need to show the judge that your evidence proves the claim and supports the amount you are asking for.

How the Judge Grants Default Judgment

The process is straightforward in the Provincial Court of Saskatchewan, but it is not automatic. On the appearance date, the court clerk calls the docket. If the defendant has not appeared and has not filed a Form B Reply:

1. The judge confirms proper service by reviewing your filed Affidavit of Service (Form E for personal service, Form F for registered mail)
2. You present a brief summary of your claim — the debt, the amount, the supporting documents
3. The judge satisfies themselves that the claim is reasonable and the amount is accurate
4. The judge enters default judgment for the amount claimed, plus court costs and any pre-judgment interest

The critical piece is your proof of service. If you cannot show the court that the defendant was properly served — with a sworn affidavit and, for registered mail, the Canada Post delivery confirmation — the judge will not grant default judgment. The whole mechanism depends on establishing that the defendant knew about the claim and chose not to respond.

What You Need to Bring to the Default Hearing

Even though the defendant is absent, arrive prepared:

• Your original Form A Summons with the court file number
• Proof of service — the sworn Affidavit of Service (Form E or Form F) already filed with the clerk
• Supporting documents — the contract, invoices, text messages, emails, bank transfer records, and photos that establish your claim
• An interest calculation — if you are claiming pre-judgment interest, bring a written breakdown showing the principal, rate, and calculation period

Judges appreciate organized evidence. A chronological binder with tabbed exhibits goes a long way, even in a default proceeding.

Can a Default Judgment Be Overturned?

Yes. If no appeal has been taken, a defendant who did not appear when judgment was given may apply within 90 days of the judgment to have it set aside and the matter reheard. In exceptional circumstances, the court may allow a later application. The defendant must file an affidavit explaining the absence and setting out a valid defence; the judge must find a reasonable excuse for not appearing and a valid defence.

This is why proper service matters so much. If your Affidavit of Service is solid — especially personal service where someone swears they handed the documents directly to the defendant — it is much harder for the defendant to argue they did not know about the claim.

After the Default Judgment

Once the judge enters default judgment, the court clerk issues a Certificate of Judgment (Form L). This is your proof that the court has found the defendant owes you money.

The Provincial Court does not collect money on your behalf. If the defendant does not pay voluntarily, you need to register the Certificate of Judgment with the Court of King's Bench and pursue enforcement options like garnishment, seizure of assets, or registration against the debtor's property through the ISC Judgment Registry. Our judgment enforcement guide walks through those steps.

The Bottom Line

Default judgment is the mechanism that prevents defendants from ignoring a legitimate claim. But it only works if your service was done correctly and your documentation is solid. The Saskatchewan Small Claims Filing Guide includes a service tracker and deadline calendar that keeps every step on schedule — so when the other side goes silent, you are ready.

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