4. Find out what happens next

What happens after you request an assessment depends on the type of assessment.

Assessment hearing

Small Claims Court usually holds assessment hearings by Zoom. If Zoom won't work for you, you can request a different way for the court to hold your hearing. For example, you might ask for it to be held in-person. You must make the request in writing to your local Small Claims Court office. You can learn more about making requests in the Superior Court of Justice's Guidelines to Determine Hearing Method in the Small Claims Court.

After you ask for an assessment hearing, the will email you a Notice of Assessment Hearing with the date, time, and location of your hearing.

If you don't get your Notice of Assessment Hearing within 3 weeks, contact the court. Ask about the status of your request for a default judgment.

At your assessment hearing, you have to explain to the judge what you're owed and why. Tell the judge:

  • how you calculated the amount you're owed
  • why the is responsible for paying you that amount

You also have to present copies of your evidence and copies of the law that you're relying on.

For example, if you're suing your employer because they didn't pay you enough, you need to show how much they should have been paying you and for how long. You also need to show why the law says they were supposed to pay you.

Assessment in writing

You must give the court photocopies of all your documents and evidence within 14 days of asking for an assessment in writing. This includes the:  

  • Plaintiff’s Claim and attachments
  • Affidavit of Service
  • Supporting documents

A judge will review your documents and email you a decision. If the judge thinks you have not given enough information, you may have to:

  • swear another affidavit; or
  • go to court for an assessment hearing.

If you don't get the judge's decision within 6 weeks, contact the court. Ask about the status of your request for a default judgment.

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