Summons to Witness in Ontario Small Claims Court (Form 18A)

You have a neighbour who saw the contractor walk off the job, a mechanic who inspected the car, or a former colleague who can confirm the timeline. They've said they'll help — but when the trial date arrives, willingness can evaporate. A Summons to Witness (Form 18A) turns a verbal promise into a legal obligation to appear.

What Form 18A Does

Form 18A is a court order compelling a non-party witness to attend your Small Claims Court trial at a specified date, time, and location to give evidence. It can also require the witness to bring documents — contracts, invoices, photographs, repair estimates, bank records — that are relevant to the case.

The court clerk issues the summons on your request. The fee is $33.

How to Get a Summons Issued

1. Identify your witness. You need their full legal name and an address where they can be personally served.
2. Request the summons from the court clerk. Complete Form 18A with the witness's details, the trial date, and any documents you want them to bring. Pay the $33 fee.
3. Include attendance money. Under Section 3 of O. Reg. 332/16, you must provide the witness with attendance money at the time of service. Standard non-expert witnesses receive $11 per day of attendance, plus a prescribed travel allowance based on kilometres. Expert witnesses (physicians, engineers, appraisers) receive $27 per day.

The attendance money is your cost, not the court's. Budget for it when planning your witness list.

Service Requirements

Form 18A must be served personally on the witness — handing them the summons directly, along with the attendance money. Service by mail, email, or leaving it at their door doesn't count.

The critical deadline: the summons must be served at least 10 days before the trial date. If you miss that deadline, don't assume the summons will be enforceable; contact the court promptly.

After service, complete an Affidavit of Service (Form 8A) documenting when, where, and how you served the witness, and file it with the court.

When You Need a Summons

Not every helpful witness requires a summons. If someone is willing to attend voluntarily, they can simply show up. But a summons is essential when:

• The witness is reluctant or has expressed hesitation about getting involved
• The witness's employer won't grant time off without a court order
• You need the witness to bring specific documents they might not voluntarily produce
• You want a paper trail proving you took reasonable steps to secure the testimony, in case the witness doesn't show

What Happens If a Summoned Witness Doesn't Appear

A material witness who fails to attend as required by a properly served Form 18A may be apprehended under a warrant issued by the trial judge and brought before the court. The witness may be detained or released on terms, and may be ordered to pay costs arising from the failure to attend.

Do not assume the court will give the witness another chance before taking action. Serve the summons early and follow up informally with the witness before the trial date.

Expert Witnesses and Written Reports

If your case involves technical evidence — a mechanic's assessment of a defective vehicle, an engineer's opinion on faulty construction work, an appraiser's valuation — you may want an expert witness. Under Rule 18.02, expert reports must be served on all parties at least 30 days before trial.

You can still call the expert to testify live even if you've already served their written report. The report establishes the opinion on paper; live testimony lets the expert explain it to the judge and be cross-examined by the other side.

Expert witnesses are paid at the $27 per day attendance rate under the statutory schedule, but their professional fee for preparing the report and attending trial is a separate private arrangement — typically $500–$2,000 depending on the field and complexity.

Our Defending a Claim in Ontario Small Claims Court guide covers witness strategy as part of the full trial preparation process — from listing witnesses at the settlement conference to presenting their evidence at trial.

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