What happens at my Small Claims Court trial?
Small Claims Court usually holds trials in person. If this won't work for you, you can ask the court to hold your a different way. For example, you might prefer a trial by video using Zoom. You must make the request in writing to your local Small Claims Court office. To learn more about making requests, read the Superior Court of Justice's Guidelines to Determine Hearing Method in the Small Claims Court.
To prove your claim at your Small Claims Court trial, you must present evidence. Evidence includes documents and witnesses. The evidence must relate to the facts that you need to prove.
The judge makes a decision using the evidence you and the give, and what the law says. The judge's decision is called a judgment.
If you win your case and the judge orders the defendant to pay you money, you are responsible for collecting the money yourself. It can be hard to collect the money you're owed. For example, the defendant might not have any money or property that they can use to pay you.
Language rights
Ontario residents who speak French have the right to bilingual proceedings at Small Claims Court. You can ask for bilingual proceedings in your Plaintiff’s Claim. You can also a requisition form or a written statement.
Legal help
You don't need a paralegal or lawyer to go to Small Claims Court. But you might understand the process better if you talk to a paralegal or lawyer.
You might be able to get legal help from Pro Bono Ontario (PBO). PBO has a hotline where you can get up to 30 minutes of free legal advice.
