4. File your forms and documents with the court

What should I do if there is a default judgment against me in a Small Claims Court case?
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4. File your forms and documents with the court

You must file all your documents with the court at least 3 days before your motion date. This includes:

  • your Notice of Motion and Supporting Affidavit
  • your exhibits
  • Affidavits of Service for each party served

If you can't file your documents at least 3 days before your motion date, contact the court office and ask what to do next.

Pay a fee

There is a $120 fee to file your Notice of Motion and Supporting Affidavit. If you can't afford the fee, ask for a fee waiver. If you get a fee waiver, you won't have to pay court fees.

You can ask for a fee waiver if the combined income of the family members in your house is:

  • mainly from Ontario Works, Ontario Disability Support Program, Old Age Security and Guaranteed Income Supplement, Canada Pension Plan, or War Veterans Allowance
  • less than the amounts listed in A Guide to Fee Waiver Requests

If you own a house or other assets, you may not qualify for a fee waiver.

To ask for a waiver, complete a Fee Waiver Request to Registrar, Clerk or Sheriff and give it to the court clerk.

If you're approved for a fee waiver, the court clerk will give you a Fee Waiver Certificate. You must show this certificate whenever a fee is payable. If you don't, the court staff can't waive the fee.

If the court clerk doesn't give you a fee waiver, you can ask the court to consider your request. A judge will look at your situation and decide if you should get a fee waiver. You may get one if the court thinks you have a good reason for not being able to pay your legal fees.

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

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