Form 15A Motion in Ontario Small Claims Court

What a Motion Is

A motion is a request to the court for a specific order before or during your case. In Ontario Small Claims Court, motions are made using Form 15A — Notice of Motion and Supporting Affidavit. The filing fee is $127.

Motions handle things the regular Defence and trial process can't — setting aside a default, requesting an adjournment, changing the venue, compelling document disclosure, or staying enforcement of a judgment.

When Defendants Commonly Need a Motion

Setting aside a noting in default or default judgment. If you missed the 20-day Defence deadline and the plaintiff has noted you in default (or obtained a default judgment), you need a Form 15A motion under Rule 11.06 or Rule 17.01(4). This is the most common reason defendants file motions.

Requesting a venue change. Under Rule 6.03, a case should be heard at the court nearest to where the cause of action arose or where the defendant resides or does business. If the plaintiff filed at an inconvenient or improper location, you can move to transfer it.

Seeking an adjournment. If you need more time before a settlement conference or trial — due to illness, travel, or needing to obtain evidence — a motion to adjourn asks the judge to reschedule.

Staying enforcement. Filing a motion to set aside a default judgment doesn't automatically stop garnishments or seizures. You need to explicitly ask for an interim stay of enforcement in your Form 15A materials.

Substituted service. If you need to serve a document on someone you can't locate, a motion under Rule 8.04 can authorize alternative service methods.

Completing Form 15A

Form 15A has two parts:

The Notice of Motion — this identifies:

• What order you're asking the court to make (be specific: "set aside the noting in default entered on [date]" or "adjourn the trial scheduled for [date]")
• The grounds for the motion (the legal basis — cite the rule)
• The documents you're relying on

The Supporting Affidavit — a sworn statement of the facts supporting your request. This is where you lay out the factual narrative: what happened, why you're bringing the motion, and what evidence supports your position.

The affidavit must be commissioned — sworn or affirmed before a commissioner for taking affidavits. Remote commissioning via video call is valid under O. Reg. 431/20.

Attach any supporting documents as exhibits to the affidavit (contracts, correspondence, medical records, a proposed Defence if you're asking to set aside a default).

Service and Timing

Serve Form 15A on every other party at least 7 days before the motion hearing date. File it with the court clerk at least 3 days before the hearing, along with proof of service (Form 8A).

Motion dates are assigned by the court. Contact the court office to find out available dates before filing, or the clerk may assign one after you file. Some courthouses, particularly in the Toronto region, use online scheduling tools.

At the Hearing

Motion hearings can be in person, by videoconference, or by telephone, depending on the court's current hearing method guidelines and the notice you receive.

You'll present your position, the other side responds, and the judge makes a decision. For straightforward motions (adjournments, administrative matters), the judge often decides immediately. For contested motions (setting aside defaults, venue transfers), the judge may reserve the decision.

Clerk's Orders: The No-Motion Alternative

Not everything needs a full motion. Under Rule 11.2, certain orders can be made by the court clerk on consent of all parties. Examples include setting aside a noting in default or default judgment, noting payment in full, or dismissing an action. Amendments or party changes are available by clerk's order only in the circumstances listed in the rule, including when the original trial date is less than 30 days away.

If all parties agree, check whether Rule 11.2 permits a clerk's order for the requested relief before filing a motion. The filing fee is $127, except for a motion under the Wages Act.

Costs

The filing fee for a Notice of Motion is $127, except for a motion under the Wages Act. If you lose the motion, the court may order you to pay the other side's costs. Assessable representation costs are generally capped at 15% of the amount claimed, excluding filing fees and disbursements; exceptions can apply, including where an unrepresented party acted unreasonably or Rule 14 offer consequences apply. If you win the motion, you may recover your costs from the other side.

For a set-aside motion where you succeed, you'll still need to pay the $77 Defence filing fee on top of the $127 you already spent on the motion. Budget accordingly.

The Ontario Small Claims Court Defence Guide includes motion templates, a set-aside checklist, and the exact language courts expect in supporting affidavits.

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