Amending a Small Claims Court claim or defence

New information can reveal an incorrect amount, a missing allegation, or a problem with a party's name. Consider an amendment as soon as the issue becomes clear. The procedure depends on the stage of the case and the change you want to make.

Keep the earlier version, identify each proposed revision, and gather documents explaining why the change is needed. Check whether permission, further service, or a revised timetable is required. Adding a new defendant after a limitation period has expired can raise issues beyond correcting a spelling error. An amendment also needs to remain within the court's jurisdiction. Deal with changes early enough that the other parties can fairly respond and prepare their evidence.

Write the proposed changes in a working copy and explain the reason for each. A corrected calculation should show the earlier figure, the new figure, and the supporting payment or invoice. A revised factual allegation should identify the information that became available and when you obtained it. This makes it easier to assess whether the change corrects the existing dispute or introduces a different claim. Keep communications about the proposed amendment professional and retain every version of the pleading.

Consider the practical effect on the rest of the case. New allegations may require further disclosure, additional witnesses, or time for another party to respond. If a conference or trial is approaching, promptly review whether directions are needed rather than arriving with a different case on the hearing date. Do not rely on an amendment as an automatic solution to an expired deadline. Naming errors, substitutions, and genuinely new parties can require different legal analysis, even when the original paperwork looked superficially similar.

Sources

• Rules of the Small Claims Court O Reg 258 98
• Ontario guide to motions and clerks orders

Read next: Before appealing an Ontario Small Claims Court decision

General Ontario legal information, not legal advice for your matter, and reading it does not create a retainer. Sources checked 15 October 2026: check the current law, forms and dates before you act.

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This article is general information for people in Ontario, not legal advice. Rules, forms and deadlines change, and every situation is different. Check the current rule or speak to a licensed legal professional before you act.