5. Get a decision
Question & Answer
What happens at my Small Claims Court trial?The judge can make a decision and tell you right away. The judge's decision is called a judgment. Or the judge might need more time to decide. This is called reserving judgment. If this happens, you will get a written decision in the mail. Or the judge might ask you to return to court to hear their reasons.
The judgment will say if the has to pay you and how much.
A judgment is a court order. But, even if you get a judgment, it does not mean the defendant will pay you. They might not pay because they don't have any money or property. It's your responsibility to collect the money once you have a court order.
You can read After Judgment on the Ministry of the Attorney General's website to learn more about how you can collect the money you're owed.
You don’t agree
If you don't agree with the judge's decision, you can appeal to Divisional Court if:
- the amount of the judgment, not including court costs, is more than $3,500, or
- there is an order for recovery of valued at more than $3,500.
You should only appeal if you think the judge made a significant mistake. An appeal is not an opportunity to retell your story. The appeal judge will not hear any new evidence. They make a decision based on the transcript of the and the court record.
For more information about appeals, see the Guides to Divisional Court on the Ministry of Attorney General website. The Ontario Courts website also has useful information.
You might be able to get legal help from Pro Bono Ontario (PBO). PBO has a hotline where you can get up to 30 minutes of free legal advice.