Small Claims Court Trial Ontario: What to Expect and How to Prepare

The settlement conference didn't produce a deal, you've paid the $308 trial-setting fee, and a hearing date is on the calendar. For most people representing themselves, the trial is the most intimidating part of the process. It doesn't need to be — the format is structured, the rules are clear, and the deputy judge expects you to be a regular person, not a lawyer.

The 30-Day Evidence Rule

Rule 18.02 of the Rules of the Small Claims Court imposes a strict disclosure deadline: all documentary evidence, written witness statements, expert reports, photographs, and audio or video recordings must be served on every opposing party at least 30 calendar days before the trial date.

If you comply with the 30-day rule, your documents are received into evidence at trial without requiring the author to attend and testify — unless the opposing party files a notice requiring the witness to appear. If you miss the deadline, the judge can exclude your evidence entirely or adjourn the trial with costs against you.

This is the single most important pre-trial deadline. Calendar it the moment you receive the trial date.

Summoning Witnesses

If you need a witness who won't attend voluntarily, you issue a Summons to Witness (Form 18A) through the court clerk. The fee is $33. The summons must be served personally on the witness at least 10 calendar days before the trial.

When serving a summons, you must include statutory attendance money: $11 per day for ordinary witnesses or $27 per day for professional witnesses, plus standard kilometre travel allowances (prescribed by Schedule 3 of O. Reg. 332/16). A summons served without attendance money is invalid.

You don't need to summon your own cooperative witnesses — they can attend voluntarily. The summons is for reluctant witnesses who might not show up without a court order compelling them.

The Day of the Hearing

Hearings happen either in person at the courthouse or virtually (via Zoom or Microsoft Teams), depending on the court's scheduling guidelines. Check your notice of trial for the method.

Arrive early. Bring your organized document binder, extra copies for the judge and opposing party, any physical evidence, and a pen and notepad. Dress business-casual — you're in a courthouse, not a boardroom, but looking put-together doesn't hurt.

The Hearing Order

The deputy judge runs the trial in a set sequence:

1. Opening. The judge confirms the parties are present, summarizes the nature of the dispute, and outlines how the hearing will proceed.

2. Plaintiff's case. As the plaintiff, you go first. You present your evidence — documents, photographs, contracts — and testify about the facts. You can call your witnesses, who testify and then face cross-examination from the defendant.

3. Defendant's cross-examination. The defendant (or their representative) questions your witnesses. The judge may also ask questions.

4. Defendant's case. The defendant presents their evidence and calls their witnesses.

5. Plaintiff's cross-examination. You question the defendant's witnesses.

6. Closing arguments. Both sides summarize their position — what the evidence shows and why the judge should decide in their favour.

Presenting Evidence

When presenting a document, explain what it is, when it was created, and why it's relevant. Don't read entire contracts aloud — point the judge to the specific clause that matters. "This is the signed contract dated March 3, 2025. Paragraph 4 on page 2 sets the completion deadline as June 1, 2025. The defendant did not complete the work."

For photographs, explain what they show, when they were taken, and how they relate to your claim. Keep descriptions factual.

If the opposing party objects to a piece of evidence, the judge will rule on the objection. Don't argue with the other side — address the judge directly.

Cross-Examination

When the defendant or their witnesses testify, you get to ask questions. Cross-examination is about testing their evidence, not making speeches. Ask specific, factual questions:

• "You testified the work was completed on June 15. Do you have any photographs of the finished work?"
• "This invoice shows a total of $12,000. Where is the breakdown of the work that was actually done?"
• "You said you mailed the cheque. Do you have a tracking number or proof of delivery?"

Don't ask questions you don't know the answer to. Don't argue with the witness. If they give an evasive answer, ask the question again in simpler terms.

The Decision

The deputy judge delivers the judgment either orally from the bench at the end of the hearing, or reserves judgment and issues a written endorsement later (typically within a few weeks). The judgment includes:

• Whether the plaintiff succeeds or not
• The amount of damages awarded (if any)
• Pre-judgment and post-judgment interest
• Costs (up to 15% of the claim amount for representation costs, plus disbursements)

Under Rule 14.07, if you are the plaintiff, serve a written settlement offer (Form 14A) at least seven days before trial, do not withdraw it, and obtain a judgment at least as favourable as your offer, the judge may award you up to double the costs of the action.

After the Trial

If you win, the judgment creates a legal entitlement to the money — but doesn't deliver it. If the defendant doesn't pay voluntarily, you proceed to enforcement: writs of seizure and sale, garnishment notices, or debtor examination hearings. Our sibling guide on judgment enforcement covers those tools.

If you lose, you can appeal to the Divisional Court if the amount in dispute exceeds $5,000. Whether an evidence-related issue can be appealed depends on the applicable legal standard; disagreement with how the judge weighed evidence may not be enough. The appeal must be filed within 30 calendar days.

For the entire process from filing through trial preparation, see our Ontario Small Claims Filing Guide.

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