How Long Does Small Claims Court Take in Ontario?
The Timeline Depends on the Case and Court Location
There is no single timetable for an Ontario Small Claims Court case. The court schedules a settlement conference after a Defence is filed unless it admits the full claim and proposes terms of payment; a case that proceeds to trial has additional steps. Motions and adjournments can add further hearings.
If you've just been served with a Plaintiff's Claim (Form 7A), here's the rough shape of what's ahead.
The 20-Day Defence Window
Your first deadline is the tightest. Under Rule 9.01 of the Small Claims Court Rules (O. Reg. 258/98), you have 20 calendar days from the date you were served to file a Defence (Form 9A) with the court and serve it on every other party.
That clock starts the day after service. Weekends and holidays count as calendar days, but if day 20 falls on a weekend or statutory holiday, the deadline rolls to 5:00 PM on the next business day.
Miss this window and the plaintiff can ask the clerk to note you in default. Once noted, you cannot take further steps without leave of the court or the plaintiff's consent.
Settlement Conference: After the Defence Is Filed
If a settlement conference is required, the court schedules it under Rule 13. Ontario's guide says it should take place within 90 days after the first Defence is filed. The clerk sends a notice with the date and time.
At least 14 days before the conference, all parties must serve and file witness lists (Form 13A) and any documents not already filed. The conference is a confidential meeting with a deputy judge who helps the parties explore resolution and clarify the issues.
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Trial: If the Case Does Not Resolve
If the settlement conference doesn't resolve things, a party requests a trial date by filing a Request to Clerk (Form 9B) and paying the trial-fixing fee ($308 for infrequent claimants). The court then assigns a trial date. The total time depends on court scheduling and the steps required in the case.
What Adds Time
Several factors push timelines longer:
- Motions — A motion to set aside a default, change venues (Rule 6.03), or compel document production adds another court step. A Notice of Motion costs $127, except a motion under the Wages Act; motions that require a hearing need their own date.
- Adjournments — Either side can request an adjournment if they can show good reason. The court has discretion to grant or refuse.
- Defendant's Claim (Form 10A) — Parties named in the Defendant's Claim have their own 20-day response window, and the settlement conference covers both claims.
- Hearing method — The court determines whether a hearing will be in person, by videoconference, or by telephone under its current guidelines. Follow the notice for the hearing arrangements.
What You Can Control
You can't speed up the courthouse, but you can avoid delays on your end:
- File your Defence on time — a motion to set aside default adds a motion step and a $127 fee
- Exchange documents early — don't wait until 14 days before the settlement conference to start gathering evidence
- Come to the settlement conference ready to negotiate — if the numbers are close, settling here avoids the trial stage and its trial-fixing fee
- Respond to court notices promptly — missed dates or incomplete filings trigger follow-up motions
Where the Guide Helps
Our Ontario Small Claims Court Defence Guide maps every stage from the day you're served through post-judgment options — with deadline calculators, a document checklist, and the exact forms and fees at each step. It won't make the courthouse move faster, but it keeps you from adding your own delays.
Get Your Free Ontario Small Claims Response Checklist
Download the Ontario Small Claims Response Checklist — a printable guide with checklists, scripts, and action plans you can start using today.