Small Claims Court Series - Part 6: Default Judgment
Part 6 of our 9-Part Series on Small Claims Court proceedings relates to Default Judgment.
A Defendant is required to serve and file a Defence within 20 days of being served with the Plaintiff’s Claim. If a Defendant fails to do so, the Plaintiff can obtain Default Judgment against the Defendant, which means judgment is granted to the Plaintiff.
This involves two steps:
First, the Plaintiff must request the Court Clerk to note the Defendant in default by filing a Request to Clerk Form (Form 9B).
Then the Plaintiff must ask the Court for Default Judgment against the Defendant either by:
(1) Asking the Court Clerk to sign Default Judgment by filing a Default Judgment Form (Form 11B). This can only be done if the Claim is for a specific sum based on an agreement.
(2) Filing a Notice of Motion and Supporting Affidavit Form (Form 15A) stating the cause of the damages and attaching relevant documents to it. The Deputy Judge will then determine on how much to award the Plaintiff.
(3) Filing a Request to Clerk Form (Form 9B) for an Assessment Hearing (which is similar to a Trial). At the Assessment Hearing, the Plaintiff can call witnesses to prove his or her damages. The Deputy Judge will then decide how much to award the Plaintiff.
For more information, consult the Rules of the Small Claims Court: http://ontariocourtforms.on.ca/en/rules-of-the-small-claims-court-forms/
and the Ministry of the Attorney General’s Website: https://www.attorneygeneral.jus.gov.on.ca/english/courts/scc/