I filed online for non-liquidated damages. Can I get default judgment?

2. Choose a type of assessment

COVID 19 and Assessment hearings

Because of COVID-19, the court has changed how you can file your request for an assessment hearing. The court has also changed to virtual hearings. You can learn more about the filing options and hearing changes in the question: How is Small Claims Court handling cases during COVID-19? At this time the court has a large backlog of cases from the pandemic. It might be a while before you get a hearing date.

To request an assessment hearing, you must have already filed:

  1. Your claim
  2. Form 8A: Affidavit of Service, to show that you've served your claim
  3. Any documents and evidence that you plan to use at the hearing.

If you've done that, fill out and file Form 9B : Request to Clerk and check the box, asking the clerk to schedule an assessment hearing.

After the 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.
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