2. Choose a type of assessment

My online claim is for non-liquidated damages. How do I get a default judgment?
This question has an answer and 5 steps
1
2
3
4
5

2. Choose a type of assessment

After the defendant is noted in default, you can ask the court for a default judgment. This means the court has to decide how much you're owed. You do this by asking for:

  • an assessment hearing; or
  • an assessment in writing.

Assessments are just like trials, except the defendant is not allowed to make a Defence. 

It's a good idea to get legal help to do this. You only get one chance to prove what you're owed. You have to explain what you're owed and why. Include any documents and evidence that prove your claim. You also have to explain why the law says that the defendant should pay you.

You should only ask for an assessment in writing if you think you can explain your case in writing well. This is difficult without legal help.

Assessment hearing

An assessment hearing is also called an "undefended trial". You must usually pay a $290 filing fee.

To ask for an assessment hearing:

  1. Click My existing claims. Your online claim will be displayed. Click Next Steps. This should take you to Step 4.
  2. Read the instructions and tips. Then click Request Assessment Hearing.

If you're given an assessment hearing, you will:

  • go to court without the defendant
  • explain to the judge what you're owed and why
  • show the judge your evidence
  • present relevant law

Assessment in writing

Asking for an assessment in writing is called filing a notice of motion for an assessment in writing. You must pay a $120 filing fee.

To ask for an assessment in writing:

  1. Click My existing claims. Your online claim will be displayed. Click Next Steps. This should take you to Step 4.
  2. Read the instructions and tips. Then click Request Assessment in Writing.
  3. Explain what you're owed and why.
  4. Scan and upload every document that supports your request.
  5. Sign the notice of motion form in front of a notary public or a commissioner of affidavits. They must also initial every document.
  6. Click Review information before submitting.

You May Also Need

Ontario Ministry of the Attorney General
Ministry of the Attorney General
Reviewed: April 1, 2019

Parlez Français