Small Claims Court Settlement Conference Ontario: What to Expect

The settlement conference is the most misunderstood step in Ontario's Small Claims Court process. Most first-time litigants walk in expecting a mini-trial. What actually happens is very different — and preparing incorrectly can cost you leverage, time, and money.

What a Settlement Conference Is

Once the defendant files a Defence (Form 9A), the court clerk automatically schedules a settlement conference before a deputy judge under Rule 13. This is a mandatory, confidential meeting designed to:

• Explore whether the case can settle without a trial
• Narrow the issues in dispute
• Resolve evidentiary disagreements
• Set a timetable for any remaining pre-trial steps

It is not a trial. The deputy judge who conducts the settlement conference is typically not the same judge who will preside at trial. Statements made during the conference are confidential and generally cannot be used as evidence later.

What You Must File Before the Conference

At least 14 calendar days before the settlement conference, you must serve on all opposing parties and file with the court copies of every document you intend to rely on at trial that was not already attached to the pleadings.

This means your evidence package: contracts, invoices, email chains, photographs, repair estimates, bank statements showing payments or non-payments, expert reports. If a document isn't in the court file by the 14-day deadline, you risk not being able to use it at trial without a motion (and a $127 motion fee).

Organize your documents in chronological or thematic order with a cover page listing everything you've included. Deputy judges handle dozens of these conferences and appreciate structured submissions.

What Happens in the Room

The deputy judge opens by summarizing their understanding of the dispute based on the filed documents. They'll ask each side to briefly explain their position — not to present their full case, but to identify where the parties agree and where they don't.

The judge then probes the strengths and weaknesses of each side's position. This is direct and sometimes uncomfortable. A judge might tell the plaintiff, "Your evidence of damages is thin — can you prove $8,000 with just one estimate?" Or tell the defendant, "You signed this contract and the amount is clear. What exactly is your defence?"

This is not the judge deciding your case. It's the judge giving both sides a reality check to encourage settlement.

If settlement seems possible, the judge may facilitate a negotiation — sometimes in the same room, sometimes by shuttling between parties in separate rooms. If the parties reach an agreement, it's formalized in writing (Form 14D, Terms of Settlement) and becomes enforceable as a court order.

Who Must Attend

You must attend personally, or send a representative with full authority to settle the case — meaning authority to agree to any reasonable settlement amount, not just authority to listen and report back. A representative without settlement authority forces an adjournment and may result in cost penalties.

If you're a corporation, send an officer or authorized employee with written authority to settle.

If the other side doesn't show up, the judge may dismiss their claim or strike their defence, depending on who's absent.

What to Prepare

Beyond the mandatory document filing, prepare:

A settlement range. Before you walk in, know your best-case outcome and your walk-away number. The deputy judge will push both sides toward a middle ground, and you need to know how much room you have.

A summary of your position. Be ready to explain your case in two to three minutes. Facts first: what happened, what documents prove it, what you're owed. Don't argue law — the judge knows the law. Argue facts.

A response to likely challenges. If your evidence has gaps (no written contract, no receipt for the deposit, estimates instead of actual repair invoices), prepare to address them. The deputy judge will find these gaps faster than you expect.

Your documents, in order. Bring copies of everything you filed with the court, organized so you can find any document in seconds when the judge asks about it.

Possible Outcomes

Settlement. The case resolves on agreed terms, formalized in writing. This is the most common outcome — the majority of Small Claims Court cases settle at or after the settlement conference.

Trial date set. If the case doesn't settle, the clerk fixes a trial date upon payment of the $308 trial-setting fee ($403 for frequent claimants). The judge may also set a timetable for remaining disclosure — witness lists, expert reports, additional documentary evidence.

Adjournment. The conference is rescheduled, usually because a party needs more time to gather evidence or because the case has changed since the pleadings were filed.

Partial settlement. Some issues resolve and others go to trial. This narrows the scope and shortens the eventual hearing.

Strategic Notes

Don't treat the settlement conference as a formality to get past on the way to trial. More cases settle here than go to trial, and the deputy judge's assessment of your case is the closest thing to a preview of how a trial judge might see it.

If the judge points out a weakness in your evidence, take it seriously. You'll have time between the conference and trial to strengthen your case — get that missing estimate, pull that bank statement, line up your witness.

For the complete process from filing through trial, including how to prepare your evidence package, see our Ontario Small Claims Filing Guide.

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