How to Set Aside a Noting in Default in Ontario Small Claims Court
What "Noted in Default" Means
When you don't file a Defence (Form 9A) within 20 calendar days of being served, the plaintiff can file a Request to Clerk (Form 9B) asking the clerk to note you in default under Rule 11.01.
Once you're noted in default:
- You cannot file a Defence or take another step without leave of the court or the plaintiff's consent
- You are not entitled to notice of further steps, except documents the Rules require you to receive
- The plaintiff can request a default judgment (Form 11B) — automatically for a fixed debt, or through an assessment hearing for unliquidated damages
If a default judgment is entered, the plaintiff becomes a judgment creditor and can pursue enforcement: garnishing your wages or bank accounts (Form 20E, $144 fee), seizing personal property (Form 20A, $68 fee), or examining your finances under oath (Form 20H).
Ignoring a Small Claims Court claim doesn't make it go away. It fast-tracks the worst outcome.
The Window Before Default Is Noted
There's a narrow grace period that many people don't know about. If 20 days have passed but the plaintiff hasn't yet filed the Form 9B request to note you in default, you can still serve and file your Defence without needing a court order. The clerk will accept it.
Check with the court office (call or check the online portal) to find out whether a default has actually been entered. If it hasn't, file immediately — don't wait.
Filing a Motion to Set Aside Default
If the default has been noted (or a default judgment entered), you need an order to get back in. You can file a Notice of Motion and Supporting Affidavit (Form 15A) under Rule 11.06 (to set aside a default entry) or Rule 17.01(4) (to set aside a default judgment). If all parties consent, you can instead request a clerk's order using Form 11.2A.
Filing fee: $127
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The Three-Part Legal Test
The court applies a three-pronged test when deciding whether to set aside a default:
1. Promptness. You brought the motion as soon as reasonably possible after learning about the default. Waiting months without explanation works against you.
2. Reasonable explanation. You have a credible reason for missing the 20-day deadline. Examples the court has accepted: you were never actually served (the documents went to an old address), you were hospitalized, you were out of the country, or you genuinely didn't understand the documents were from a court. "I was busy" or "I hoped it would go away" typically won't be enough.
3. A defence on the merits. You must show that you have a real, arguable defence to the plaintiff's claim — not just a vague denial. Attach a draft Form 9A to your motion materials showing what your Defence would say. The judge needs to see that there's a triable issue worth hearing.
All three elements matter. A strong explanation for the delay paired with a weak defence (or vice versa) may not be enough.
What to Include in Your Form 15A
Your motion package should contain:
- Form 15A (Notice of Motion and Supporting Affidavit) identifying the order you're requesting — set aside the default entry and/or default judgment
- A sworn affidavit explaining the timeline: when you were served (or when you learned about the claim), why you didn't respond, and when you discovered the default
- A proposed Defence (Form 9A) — your draft response to the claim, so the judge can assess whether you have an arguable case
- A request to stay enforcement if the plaintiff has already started garnishment or seizure proceedings — include this in your motion to avoid enforcement running while the motion is pending
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, with an Affidavit of Service (Form 8A) for each party served.
If Enforcement Has Already Started
Filing a motion to set aside default does not automatically pause garnishments or seizures. If your bank account is being garnished or a writ of seizure has been issued, you need to explicitly ask the court for an interim stay of enforcement in your motion. In urgent cases, contact the court office about an expedited motion date.
Costs and Realistic Timeline
Setting aside a default requires getting an order and may add another court hearing to the case. The motion fee is $127, in addition to the $77 Defence filing fee if the motion succeeds.
It's substantially cheaper and faster to file the Defence on time. But if the deadline has passed, acting immediately gives you the best chance.
The Ontario Small Claims Court Defence Guide includes a default-recovery workflow with a checklist of every document and deadline involved in the set-aside motion — designed for people doing this without a lawyer.
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