3. Prepare for trial
Question & Answer
I’m being sued by someone in Small Claims Court. What should I do?Settlement Conference
If you disagreed with all or part of the claim against you, you will have a . The conference must happen within 90 days of when you filed your Defence. You must have a settlement conference before you can go to .
A settlement conference is a private, informal meeting between you, the , and the judge. During this meeting, you and the plaintiff have a chance to tell the judge your side of the story. At the settlement conference, judges can:
- add people to or remove people from the case
- require the plaintiff or to share evidence
- change where the trial will be held
These are just some of the things the judge can do at a settlement conference. You can learn more about settlement conferences in the Ontario government's Guide to procedures in Small Claims Court.
The court schedules the settlement conference for you. You must attend your settlement conference. If there are days you can't go to court, you must tell the court when you your Defence.
Settlement conferences are usually held by videoconference. Your Notice of Settlement Conference will say how your conference will be held.
You can ask the court to change how the conference is held if the method the court suggested won't work for you. For example, you can ask for an in-person hearing if you don't have enough phone minutes or an internet connection for a videoconference hearing.
The Small Claims Court might also change how your conference held if:
- you don't know how to use the technology needed for the conference
- you don't have access to a phone, computer, or other device
- you don't have reliable phone or internet service
To ask for a change, send a request in writing to your local court office. Explain how you want the settlement conference held, and why you need it done this way. You should also explain why you can't use the hearing method the court chose for you.
Settling a claim at the settlement conference
Settling a claim means that you and the plaintiff make an agreement. If you agree to settle a claim at the settlement conference, the judge writes a decision explaining what you agreed to. You won't need to go to trial. The will give you a copy of the judge's decision after the conference. The decision is called the Endorsement Record/Order of the Court.
If you're being sued for less than $3,500, you and the other parties can ask the judge to make a final decision about the claim during the settlement conference. This means that, even if you and the plaintiff can't agree, the judge will make a decision at the settlement conference to end the claim.
This can only happen if all agree to it in writing. If everyone agrees to let the judge decide, you must complete and file a Form 13B: Consent before the settlement conference starts.
Prepare for trial
If you didn't settle your case in the settlement conference, you must prepare for trial. You might have to:
- go to more hearings
- summons a witness
- prepare more court documents
- schedule a trial
For information, you can read Guide to Procedures in Small Claims Court.
