What Happens on Trial Day in Small Claims Court
Most Small Claims trials are short, informal compared with higher courts, and decided on evidence you bring yourself. Knowing the order of events and having your paperwork ready makes a big difference.
- Arrive early (or join early if the trial is by video), with a clear copy of every document and any witnesses.
- The plaintiff goes first, then the defendant. Each side can question the other side's witnesses.
- The judge may decide on the spot or reserve the decision and send it later.
- A judgment is not a payment. If the other side does not pay, you may need to enforce the judgment.
Before the day
- Re-read the notice and note the time, courtroom or video link, and the judge's instructions.
- Organise your documents in date order with a short list of what each shows.
- Make copies for the judge and the other side if the court directs you to. Keep your originals.
- If a witness will not come voluntarily, a summons to witness can compel them. It must be served in time.
- Ask in advance for an interpreter or accommodation if you need one.
The usual order
- The judge introduces the case and may ask whether the parties have tried to settle.
- The plaintiff explains the claim, gives evidence and calls any witnesses.
- The defendant can question each of the plaintiff's witnesses (cross-examine).
- The defendant explains the defence, gives evidence and calls any witnesses, who the plaintiff can question.
- Each side may make a short closing statement.
- The judge decides, or reserves the decision and sends it later.
Presenting your case well
- Tell the story in order, with dates, and keep to what matters to the legal question.
- Hand up documents when you speak about them and say what they show.
- Ask short, clear questions of witnesses. Cross-examination is for testing evidence, not for arguing.
- Stay respectful, including toward the other side. It is persuasive and it keeps the hearing moving.
The judgment
If you win, the order sets out the amount, and may include interest and costs. Pre-judgment interest and post-judgment interest are governed by the Courts of Justice Act. The judgment is a court order, but the court does not collect the money. If the other side does not pay, you can use enforcement tools such as garnishment, a writ of seizure and sale, or an examination to find out what the debtor owns.
If you cannot attend
Tell the court as early as possible and ask for the date to be changed if you have a good reason. If you simply do not show up, the trial may go ahead without you and a judgment can be made against you. There are limited ways to ask to set it aside, and the time limits are short.
Common questions
Can I bring a friend or family member?
Usually yes, as support in the courtroom. If they are going to speak on your behalf, they would need the court's permission, and only lawyers and licensed paralegals can generally represent others for a fee.
How long does the judge take to decide?
Many judges decide on the day. Others reserve and send a written decision, which can take weeks.
This guide 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.
Not sure where you stand? A licensed paralegal can look at your documents and tell you your options.
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