What Happens at an Assessment Hearing After a Default

If a defendant doesn't file a defence in Small Claims Court, you can ask for them to be noted in default. What happens next depends on your claim.

Debt or damages?

• Debt or liquidated demand: an amount that can be calculated, such as an unpaid invoice. The clerk can sign default judgment.
• Unliquidated damages: an amount that needs the court's assessment, such as repair costs, lost income or pain and suffering.

How to ask

You can ask for an assessment hearing, or a motion in writing for an assessment of damages, using the court's forms.

Preparing

• Your claim and proof of service
• Invoices, estimates, photos and receipts
• A clear calculation of each amount you ask for

At the hearing

You present your evidence. The defendant, having been noted in default, generally can't dispute the claim without first asking to set aside the default.

After judgment

You can enforce the judgment, for example by garnishment.

Sources

• Rules of the Small Claims Court, Rule 11
• Ontario: suing someone in Small Claims Court

Read next: Suing Someone Who Lives Outside Ontario

General Ontario legal information, not legal advice for your matter, and reading it does not create a retainer. Sources checked 16 October 2026: check the current law, forms and dates before you act.

Photos from Unsplash: a wooden judge's hammer sitting on top of a table · architectural photography of trial court interior view.

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.