Rule 1 – General

Citation

1.01 These rules may be cited as the Small Claims Court Rules. O. Reg. 258/98, r. 1.01.

Definitions

1.02 (1) In these rules,

“court” means the Small Claims Court; (“tribunal”)

“disability”, where used in respect of a person or party, means that the person or party is,

(a) a minor,

(b) mentally incapable within the meaning of section 6 or 45 of the Substitute Decisions Act, 1992 in respect of an issue in the proceeding, whether the person or party has a guardian or not, or

“document” includes data and information in electronic form; (“document”)

“electronic” includes created, recorded, transmitted or stored in digital form or in other intangible form by electronic, magnetic or optical means or by any other means that has capabilities for creation, recording, transmission or storage similar to those means, and “electronically” has a corresponding meaning; (“électronique”, “par voie électronique”)

“holiday” means,

(a) any Saturday or Sunday,

(b) New Year’s Day,

(b.1) Family Day,

(d) Easter Monday,

(e) Victoria Day,

(f) Canada Day,

(g) Civic Holiday,

(h) Labour Day,

(i) Thanksgiving Day,

(j) Remembrance Day,

(k) Christmas Day,

(l) Boxing Day, and

(m) any special holiday proclaimed by the Governor General or the Lieutenant Governor,

and if New Year’s Day, Canada Day or Remembrance Day falls on a Saturday or Sunday, the following Monday is a holiday, and if Christmas Day falls on a Saturday or Sunday, the following Monday and Tuesday are holidays, and if Christmas Day falls on a Friday, the following Monday is a holiday; (“jour férié”)

“order” includes a judgment; (“ordonnance”)

“paralegal” means a person licensed under the Law Society Act to provide legal services in Ontario; (“parajuriste”)

“proof of service” means, with respect to a document, proof of service of the document in accordance with rule 8.06; (“preuve de la signification”)

“representative” means the lawyer, paralegal or other person representing a person in a proceeding under these rules; (“représentant”)

“self-represented”, when used in reference to a person, means that the person is not represented by a representative; (“s’autoreprésenter”)

“territorial division” means,

(a) a county, a district or a regional municipality, and

(b) each of the following, as they existed on December 31, 2002:

(i) The combined area of County of Brant and City of Brantford.

(ii) Municipality of Chatham-Kent.

(iii) Haldimand County.

(iv) City of Hamilton.

(v) City of Kawartha Lakes.

(vi) Norfolk County.

(vii) City of Ottawa.

(viii) County of Prince Edward.

(ix) City of Toronto. (“division territoriale”) O. Reg. 258/98, r. 1.02; O. Reg. 461/01, s. 1 (1); O. Reg. 78/06, s. 2 (1, 2); O. Reg. 574/07, s. 1; O. Reg. 393/09, s. 1; O. Reg. 230/13, s. 1; O. Reg. 44/14, s. 1.

(2) Revoked: O. Reg. 78/06, s. 2 (3).

General Principle

1.03 (1) These rules shall be liberally construed to secure the just, most expeditious and least expensive determination of every proceeding on its merits in accordance with section 25 of the Courts of Justice Act. O. Reg. 258/98, r. 1.03 (1).

Matters Not Covered in Rules

(2) If these rules do not cover a matter adequately, the court may give directions and make any order that is just, and the practice shall be decided by analogy to these rules, by reference to the Courts of Justice Act and the Act governing the action and, if the court considers it appropriate, by reference to the Rules of Civil Procedure. O. Reg. 78/06, s. 3.

Orders on Terms

1.04 When making an order under these rules, the court may impose such terms and give such directions as are just. O. Reg. 258/98, r. 1.04.

Standards for Documents

1.05 A document in a proceeding shall be printed, typed, written or reproduced legibly. O. Reg. 78/06, s. 4.

Electronic Filing, Issuance of Documents

1.05.1 (1) If these rules permit or require a document to be filed electronically, the software authorized by the Ministry of the Attorney General for the purpose shall be used for the filing. O. Reg. 44/14, s. 2.

(2) Any document to be issued under these rules may be issued electronically,

(a) by the clerk dating, signing and sealing with an electronic version of the seal of the court a copy of the document in electronic format; or

(b) by use of the software authorized by the Ministry of the Attorney General for the purpose. O. Reg. 108/21, s. 2 (1).

(3) A document issued in accordance with subrule (2) is deemed to have been issued by the Small Claims Court. O. Reg. 108/21, s. 2 (1).

Requirement for Signature

(4) If a document is filed or issued electronically using the authorized software, a requirement in these rules that the document contain a person’s signature is satisfied if the authorized software indicates on the document that the document has been electronically filed or issued, as the case may be. O. Reg. 44/14, s. 2.

Date of Filing, Issuance

(5) The date on which a document that is filed or issued electronically is considered to have been filed or issued, as the case may be, is the date indicated for the document,

(a) by the authorized software, if the document was filed or issued using that software; or

(b) by the clerk, if the document was issued by the clerk. O. Reg. 108/21, s. 2 (3).

Filing, Issuance Outside of Business Hours

(6) A document that is filed or issued electronically outside of regular business hours is deemed to have been filed or issued, as the case may be, on the next day that is not a holiday. O. Reg. 44/14, s. 2.

Requirement to Keep Original

(7) A person who electronically files an affidavit or other signed or certified document in accordance with these rules shall,

(a) keep the original document until the third anniversary of the electronic filing, until the clerk requests that the original document be filed or until these rules require that the original document be filed, whichever is earliest; and

(b) file the original document on the clerk’s request. O. Reg. 44/14, s. 2.

Limit on Application of Rule

(8) Revoked O. Reg. 108/21, s. 2 (4)

Inconsistencies

(9) In the event of an inconsistency between a document filed electronically by a person using the authorized software and information provided by the person using the authorized software other than the electronically filed document,

(a) the electronically filed document prevails; and

(b) the clerk may request written clarification from the person respecting the inconsistency. O. Reg. 38/16, s. 1.

Electronic Court Documents, Communications, Signatures

1.05.2 (1) Any document that the court or clerk may or must send, give or otherwise provide to a person under these rules may be sent to the person in electronic format by email to,

(a) the email address most recently indicated for the person in the applicable court file, if any; or

(b) in the case of a lawyer or paralegal whose email address is not indicated in the court file, the email address for the lawyer or paralegal as published on the Law Society of Ontario’s website. O. Reg. 108/21, s. 3.

(2) Any communication that the court or clerk may or must send to a person in connection with a proceeding under these rules may be sent to the person in electronic format by email to,

(a) the email address most recently indicated for the person in the applicable court file, if any; or

(3) Subrules (1) and (2) apply despite anything to the contrary in these rules. O. Reg. 108/21, s. 3.

Electronic Signatures

(4) A document that may or must be signed by the court or a judge, clerk or person presiding at a proceeding or a step in a proceeding under these rules may be signed with an electronic signature. O. Reg. 108/21, s. 3.

(5) In subrule (4),

“electronic signature” means electronic information that a person creates or adopts in order to sign a document and that is in, attached to or associated with the document. O. Reg. 108/21, s. 3.

Small Claims Court E-Filing Service Portal

1.05.3 (1) In this rule,

“Small Claims Court E-Filing Service Portal” means the software authorized by the Ministry of the Attorney General for the purposes of this rule and that is available on the Internet under the name “Small Claims Court E-Filing Service Portal” in English and “Portail du Service de dépôt électronique de la Cour des petites créances” in French. O. Reg. 249/21, s. 1.

Limitation

(2) This rule applies to permit the electronic filing or issuance of a document through the Small Claims Court E-Filing Service Portal only if the person filing the document or requesting its issuance agrees to the Portal’s terms of use and submits through the Portal an email address at which the person agrees to accept documents from the court electronically. O. Reg. 249/21, s. 1.

Electronic Filing of Plaintiff’s Claim

(3) A plaintiff’s claim (Form 7A) may be filed electronically through the Small Claims Court E-Filing Service Portal if,

(a) any interest payable in relation to the claim is no greater than 35 per cent per year; and

(b) the defendant is not a person under disability. O. Reg. 249/21, s. 1.

Electronic Filing of Other Documents

(4) Subject to subrule (5), the following documents in a proceeding may be filed electronically through the Small Claims Court E-Filing Service Portal:

1. An amended plaintiff’s claim (Form 7A), if the claim being amended has not yet been served.

2. An affidavit of service (Form 8A).

3. A request to clerk (Form 9B) to note in default or for an assessment hearing.

4. An affidavit for jurisdiction (Form 11A).

5. A default judgment (Form 11B).

6. A notice of discontinued claim (Form 11.3A).

7. A notice of motion and supporting affidavit (Form 15A) requesting a motion in writing for an assessment of damages. O. Reg. 249/21, s. 1.

Application

(5) Subrule (4) does not apply unless,

(a) the plaintiff’s claim in the proceeding was issued electronically through the Small Claims Court E-Filing Service Portal; and

(b) no other document in the proceeding has been filed by a method other than through the Small Claims Court E-Filing Service Portal. O. Reg. 249/21, s. 1.

Electronic Issuance

(6) The following documents may be issued electronically through the Small Claims Court E-Filing Service Portal:

1. A plaintiff’s claim (Form 7A).

2. A default judgment (Form 11B). O. Reg. 249/21, s. 1.

Small Claims Court Submissions Online Portal

1.05.4 (1) In this rule,

“Small Claims Court Submissions Online Portal” means the software authorized by the Ministry of the Attorney General for the purposes of this rule and that is available on the Internet under the name “Small Claims Court Submissions Online Portal” in English and “Portail de soumission en ligne pour la Cour des petites créances” in French. O. Reg. 249/21, s. 1.

Limitation

(2) This rule applies to permit the electronic filing or issuance of a document through the Small Claims Court Submissions Online Portal only if the person requesting the filing or issuance agrees to the Portal’s terms of use and submits through the Portal an email address at which the person agrees to accept documents from the court electronically. O. Reg. 249/21, s. 1.

Documents That May be Filed

(3) Subject to subrules (4) and (5), any document that may or must be filed under these rules may be filed electronically by submitting the document through the Small Claims Court Submissions Online Portal, if the Small Claims Court Submissions Online Portal provides for the electronic filing of the document. O. Reg. 249/21, s. 1.

Exceptions

(4) Subrule (3) does not apply with respect to,

(a) a plaintiff’s claim (Form 7A), unless the prescribed filing fee is not required to be paid; or

(b) a document filed for the purposes of rule 20.07 (writ of seizure and sale of land). O. Reg. 249/21, s. 1.

Clerk’s Acceptance Required

(5) A document submitted for filing through the Small Claims Court Submissions Online Portal is filed only if it is accepted by the clerk. O. Reg. 249/21, s. 1.

Confirmation of Filing

(6) If the clerk accepts the document for filing, the clerk shall send confirmation of the filing by email. O. Reg. 249/21, s. 1.

Filing Date

(7) A document filed in accordance with subrule (5) is, despite subrules 1.05.1 (5) and (6), considered to have been filed on the day indicated in the clerk’s confirmation. O. Reg. 249/21, s. 1.

Documents That May be Issued

(8) Subject to subrules (9) and (10), any document that may or must be issued under these rules may be issued electronically by submitting the document through the Small Claims Court Submissions Online Portal, if the Small Claims Court Submissions Online Portal provides for the electronic issuance of the document. O. Reg. 249/21, s. 1.

Exceptions

(9) Subrule (8) does not apply with respect to,

(a) a plaintiff’s claim (Form 7A), unless the prescribed issuance fee is not required to be paid; or

(b) a document issued for the purposes of rule 20.07 (writ of seizure and sale of land). O. Reg. 249/21, s. 1.

Clerk’s Acceptance Required

(10) A document submitted for issuance through the Small Claims Court Submissions Online Portal will be issued only if it is accepted by the clerk. O. Reg. 249/21, s. 1.

Confirmation of Issuance

(11) If the clerk accepts the document for issuance, the clerk shall issue the document and send confirmation of the issuance by email, together with the issued document. O. Reg. 249/21, s. 1.

Issuance Date

(12) A document issued by the clerk under subrule (11) is, despite subrules 1.05.1 (5) and (6), considered to have been issued on the day indicated in the clerk’s confirmation. O. Reg. 249/21, s. 1.

If Clarification Needed

(13) The clerk may request from a person written clarification with respect to a document that is submitted for filing or issuance, and the person shall provide the clarification in the manner specified by the clerk. O. Reg. 249/21, s. 1.

No Filing or Issuance Without Acceptance

(14) For greater certainty, a document that is not accepted by the clerk for filing or issuance is not considered to have been filed or issued, as the case may be. O. Reg. 249/21, s. 1.

Forms

1.06 (1) The forms prescribed by these rules shall be used where applicable and with such variations as the circumstances require. O. Reg. 78/06, s. 4.

Table of Forms

(2) In these rules, when a form is referred to by number, the reference is to the form with that number that is described in the Table of Forms at the end of these rules and is available on the Internet through www.ontariocourtforms.on.ca. O. Reg. 78/06, s. 4.

Additional Parties

(3) If a form does not have sufficient space to list all of the parties to the action on the first page, the remaining parties shall be listed in Form 1A, which shall be appended to the form immediately following the first page. O. Reg. 78/06, s. 4; O. Reg. 393/09, s. 2 (1).

Additional Debtors

(4) If any of the following forms do not have sufficient space to list all of the debtors in respect of which the form applies, the remaining debtors shall be listed in Form 1A.1, which shall be appended to the form:

1. Certificate of judgment (Form 20A).

2. Writ of seizure and sale of personal property (Form 20C).

3. Writ of seizure and sale of land (Form 20D).

4. Direction to enforce writ of seizure and sale of personal property (Form 20O). O. Reg. 393/09, s. 2 (2).

Affidavit

(5) If these rules permit or require the use of an affidavit, Form 15B may be used for the purpose unless another form is specified. O. Reg. 393/09, s. 2 (2).

Telephone and Video Conferences — Where Available

1.07 (1) If facilities for a telephone or video conference are available at the court, all or part of any of the following may be heard or conducted by telephone or video conference as permitted by subrules (2) and (3):

1. A settlement conference.

2. A motion. O. Reg. 78/06, s. 4.

(1.1) If facilities for a video conference are available at the court, all or part of an examination of a debtor or other person under rule 20.10 may be conducted by video conference as permitted by subrules (2) and (3). O. Reg. 393/09, s. 3 (1).

Request to be Made

(2) A settlement conference or motion may be heard or conducted by telephone or video conference or all or part of an examination under rule 20.10 may be conducted by video conference if a party files a request for the conference (Form 1B), indicating the reasons for the request, and the court grants the request. O. Reg. 78/06, s. 4; O. Reg. 393/09, s. 3 (2).

Balance of Convenience

(3) In deciding whether to direct a telephone or video conference, the judge shall consider,

(a) the balance of convenience between the party that wants the telephone or video conference and any party that opposes it; and

(b) any other relevant matter. O. Reg. 78/06, s. 4.

Arrangements for Conference

(4) If an order directing a telephone or video conference is made, the court shall make the necessary arrangements for the conference and notify the parties of them. O. Reg. 78/06, s. 4.

Setting Aside or Varying Order

(5) A judge presiding at a proceeding or step in a proceeding may set aside or vary an order directing a telephone or video conference. O. Reg. 78/06, s. 4.

Representation

1.08 For greater certainty, nothing in these rules permits or authorizes the court to permit a person to act as a representative if that person is not authorized to do so under the Law Society Act. O. Reg. 230/13, s. 2.

Ceasing to be a Representative

1.09 On ceasing to represent a person in a proceeding, a representative shall notify the court in writing of,

(a) the person’s last known address and, if different, the address where a document addressed to the person is most likely to come to the person’s attention; and

(b) the person’s telephone number and email address, if any. O. Reg. 108/21, s. 4.