What to Say at a Small Claims Court Hearing in Ontario

Your trial date is set, and you're standing in front of a judge for the first time. You know your side of the story — but knowing it and presenting it effectively in court are different skills. Ontario Small Claims Court is designed for self-represented parties, so the process is less formal than Superior Court, but there's still a structure the judge expects you to follow.

The Basic Structure of a Small Claims Trial

The plaintiff presents their case first. They call witnesses, introduce evidence, and explain why you owe them money. You get to cross-examine each of the plaintiff's witnesses.

Then it's your turn. As the defendant, you present your evidence, call your witnesses, and explain your defence. The plaintiff cross-examines you and your witnesses.

After both sides have finished, each party makes a brief closing statement summarizing their position. The judge may deliver a decision immediately or reserve judgment and send written reasons later.

What the Judge Wants to Hear

Judges are looking for facts, not feelings. Focus on:

Chronological clarity. Tell the story in order. "On March 15, I hired the plaintiff to renovate my kitchen. The agreed price was $12,000. On April 20, I paid a deposit of $6,000. On May 3, the plaintiff stopped showing up to the site." This is more effective than jumping between events or starting with your conclusion.

Specific amounts and dates. Every number matters. Don't say "I paid them a lot of money." Say "I paid $6,000 by e-transfer on April 20, and here's the bank statement showing the transfer."

Direct answers. When the judge asks you a question, answer it directly. If the answer is "yes" or "no," start with that, then explain if needed. Judges get frustrated with witnesses who give long speeches instead of answering the actual question.

References to your evidence. When you make a factual claim, point to the document that supports it. "As shown in Tab 3 of my evidence bundle, the contract states..." This makes the judge's job easier and makes you more credible.

How to Organize Your Evidence

Bring your evidence in a binder or folder with numbered tabs. Prepare three copies: one for yourself, one for the judge, and one for the plaintiff. Digital evidence (text messages, emails, photos) should be printed.

A typical evidence package for a defendant includes:

1. The Plaintiff's Claim (Form 7A) and your Defence (Form 9A)
2. The contract, invoice, or agreement at the centre of the dispute
3. Correspondence — emails, text messages, letters — in chronological order
4. Photographs with dates and descriptions
5. Receipts, bank statements, or payment records
6. Expert reports (if any, served at least 30 days before trial under Rule 18.02)
7. A chronological summary of key events (one page, for your own reference)

Common Mistakes Self-Represented Defendants Make

Arguing with the plaintiff during their testimony. You'll get your chance to cross-examine and to present your own case. Interrupting the plaintiff makes a poor impression on the judge.

Bringing irrelevant evidence. The judge doesn't need to see every text message you've ever exchanged. Select the messages that directly relate to the disputed facts.

Making legal arguments instead of presenting facts. You're not expected to cite case law (though you can). What the judge needs is your factual account, supported by documents. The legal conclusions are the judge's job.

Getting emotional. It's natural to feel strongly about being sued. But the courtroom is a place for facts and evidence, not anger or tears. If you need a moment, ask the judge for a brief pause.

Not answering the question. During cross-examination, the plaintiff (or their representative) will ask you pointed questions designed to undermine your position. Answer honestly and concisely. Don't volunteer extra information, and don't argue with the questioner — address the judge if you need to explain something.

What to Wear and How to Address the Court

Business casual is appropriate. You don't need a suit, but avoid casual wear like shorts or tank tops. Address the judge as "Your Honour" and the Deputy Judge as "Your Honour" as well.

Stand when addressing the judge. Sit while the other party is speaking. Turn off your phone. Arrive at least 15 minutes early.

Virtual Hearings

Many Ontario Small Claims Court hearings are now conducted by videoconference. The same rules apply, with some additions:

• Test your technology before the hearing date
• Find a quiet, well-lit location with a neutral background
• Have your evidence organized on your desk — you may need to share your screen or hold documents up to the camera
• Don't have anyone coaching you off-camera

Our Defending a Claim in Ontario Small Claims Court guide includes a full trial preparation checklist — from evidence binder assembly to the closing statement — so you walk into the hearing knowing exactly what to do.

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