Motions in Ontario Small Claims Court

Common Types of Motions

• Motion for Default Judgment (Form 11B) — where the defendant has not filed a defence. The clerk can sign default judgment in straightforward cases; otherwise a motion is required.
• Motion to Strike a Claim or Defence — arguing a pleading is frivolous, vexatious, or discloses no reasonable cause of action.
• Motion for Summary Judgment — where there is no genuine issue requiring a trial. Rare in Small Claims but available.
• Motion to Extend Time — requesting more time to file a document or take a step.
• Motion to Adjourn — to postpone a hearing date.
• Motion to Add/Remove a Party — to correct or change who is named in the claim.

How to Bring a Motion

1. Complete a Form 15A (Notice of Motion and Supporting Affidavit).
2. File at the Small Claims Court counter and pay the motion filing fee (~$110).
3. Serve all other parties at least 7 days before the motion hearing (or as the court directs).
4. File proof of service.
5. Attend the motion hearing and make submissions.

The Supporting Affidavit

Your motion must be supported by a sworn affidavit setting out the facts you rely on. The affidavit must:

• Be sworn or affirmed before a commissioner of oaths or notary public.
• State facts — not arguments or legal submissions.
• Attach relevant documents as exhibits.

Responding to a Motion

If someone brings a motion against you, you can file a responding affidavit (Form 15B). Serve it at least 2 days before the hearing. You do not have to respond in writing, but it helps the court understand your position.

Costs on a Motion

The court can award costs to the winning party on a motion. If you bring a motion that fails, or oppose one unreasonably, you may be ordered to pay the other side's costs.