Default Judgment in Ontario Small Claims Court: How to Ask to Reopen Your Case

Understand a default judgment, gather your evidence, and prepare a request to have your case heard.

A default judgment can come as a shock. You may first learn about it through a bank notice, your employer, or court mail. Start by getting the court record. Find out what happened, when it happened, and whether collection has started.

Ontario Small Claims Court has a process for asking to set aside default proceedings. Reopening the case takes more than sending the clerk a late defence. You need the right request and a clear factual record.

This guide covers a failure to defend in Ontario Small Claims Court. It does not cover a missed trial, an appeal, or ordinary Superior Court civil proceedings. Those situations need separate review. This is general legal information, not advice about your case. Procedures and forms can change; check the current official sources before filing.

First, Find Out What the Court Has Done

Noting in default and default judgment are different

A defendant generally has 20 calendar days after service to serve and file a defence. If that does not happen, the plaintiff can ask to have the defendant noted in default. This means the court records the failure to defend. It can restrict the defendant’s ability to take further steps.

A default judgment is a later court decision made through the default process. Do not assume the two steps happened together. Ask the court office for the file’s current status and copies of the relevant documents. The court’s default proceedings guidance explains the distinction.

If time has expired but default has not been requested, the position may be different. Ontario’s guide to replying to a claim explains when a late defence can still be accepted. Check promptly rather than assuming you already need a motion.

Get the documents before choosing your response

Make a working folder with:

• The issued claim and all its attachments.
• The filed proof of service of the claim.
• The record of the noting in default.
• Any judgment, assessment order, or later order.
• Any collection documents you received.
• Letters and messages about the case.

Copy the court file number exactly. Check the names of the parties and the courthouse location. If several people or companies are named, identify which order affects you.

Write down which records you still need. A missing document is a gap to investigate, not a reason to guess. Keep the original envelope or email that brought the matter to your attention.

Understand the Test for Setting Aside a Default Judgment

Rule 11.06 of the Rules of the Small Claims Court allows the court to set aside a noting in default or default judgment, and enforcement steps, on appropriate terms. The rule requires a defence with merit, a reasonable explanation for the default, and a motion made as soon as reasonably possible in all the circumstances.

That is a legal test, and the court decides whether you meet it. No single explanation or document guarantees success. A lawyer or licensed paralegal can assess how the test applies to your record.

Explain the actual dispute

Prepare a short account of what you disagree with. Identify the disputed event, amount, or obligation. Then list the records that support your account. You might have a receipt, contract, delivery record, photograph, or message.

For example, a supplier claims that an invoice remains unpaid. Your records show a payment carrying that invoice number. The useful material is the payment record and its connection to the invoice. A statement that the supplier is unfair adds little detail.

Use this example only as an illustration of clear record-keeping. Whether a payment defeats a claim depends on the full facts.

Explain the missed response honestly

Build a dated account of what happened. Separate what you knew at the time from what you learned later. Include facts that do not help you if they are needed to make the account accurate.

Avoid labels such as “an administrative error” without explaining the event. Who received the papers? What did they do with them? When did you discover the problem? What records support those dates?

If you dispute service, get advice about the service rules and evidence. The date you personally read a document may differ from its legal service date.

Act Promptly After Discovering a Default Judgment

Do not plan around a general assumption that everyone has 30 days to challenge a default judgment. The promptness requirement in Rule 11.06 needs attention immediately. Other remedies and orders may involve different deadlines.

As a practical organizing step, make one timeline covering the claim, your missed response, your discovery, and your actions since discovery. Add the source for each date.

For instance, your notes might record when you requested the court file, received the judgment, contacted a representative, and gathered payment records. Keep the confirming emails together.

A timeline should account for gaps. If a record took time to obtain, keep the request and response. If a date is uncertain, explain why. Never create a false date to make the sequence look better.

Start with records already available about the default judgment while you seek help. An organized folder makes a legal consultation more useful. Bring a list of urgent events, including any scheduled collection step.

Check Whether the Parties Can Agree

An opposed motion is not the only possible route for addressing a default judgment. The official Request for Clerk’s Order on Consent, Form 11.2A, includes options to set aside default proceedings.

The form has conditions. These include signatures and consent from all parties, receipt of the form by each party, and no affected party being under disability. Its enforcement options concern steps not yet completed. The legal meaning of disability needs careful review; do not treat it as a casual description of illness.

Ask a representative or court staff about the correct process for the proposed agreement about the default judgment. The RunSensible Form 11.2A page can help you locate that document.

When reviewing proposed terms, distinguish these questions:

• Is the noting in default being addressed?
• Is the judgment being addressed?
• What happens to existing collection steps?
• When must the defence be served and filed?
• What costs or other conditions are proposed?

Do not assume a friendly email resolves every question. Keep preparing while discussions continue unless you have reliable directions about what happens next.

Prepare Your Default Judgment Motion and Evidence

A motion is a request for a court order within an existing case. The official Form 15A combines the notice of motion and supporting affidavit. Its current listed version is dated August 1, 2022, effective January 30, 2023. Confirm the official forms index when preparing your filing.

The form includes options addressing default proceedings and permission to file a defence. Identify the actual orders you seek. A request to address a default judgment should match the record of the case, including any related noting in default.

You can use the RunSensible Notice of Motion and Supporting Affidavit page to help find the document. Check your completed version against the current official form.

Organize the facts before drafting

For a default judgment motion, make three working lists: the events, supporting records, and questions requiring advice. This reduces the chance of turning an unknown point into an unsupported statement.

Use short paragraphs. A useful paragraph identifies one event, its date, and the relevant record. Keep personal criticism out of the factual account. Describe conduct rather than assigning motives.

For example, record that a particular email was sent and attach the full relevant exchange. Avoid saying that a person “deliberately hid the case” unless you have a proper basis for that serious allegation.

Complete the affidavit carefully

An affidavit is a written statement sworn or affirmed to be true. Form 15A asks for facts in numbered paragraphs. If a fact came from another person, it directs you to name the source and state your belief that it is true.

Ontario’s motion guide explains commissioning and exhibits. Exhibits are the documents attached to support your evidence. Arrange to swear or affirm the affidavit before an authorized commissioner, following their instructions.

Before that appointment, compare every reference against its attachment. Check dates, names, page order, and legibility. Keep complete relevant exchanges so the reader can understand the context. Ask how to handle sensitive material rather than assuming a court filing will remain private.

Prepare the Defence You Want to File

The motion explains why the court should set aside the default judgment. The proposed defence explains your position on the claim. Drafting both can expose gaps before you submit anything.

The official Defence, Form 9A, provides space to dispute a claim, admit it, or admit part. Use it to organize your response. Discuss including a proposed defence with your motion materials; do not assume that attaching it means it has been accepted for filing as a defence.

Read the claim paragraph by paragraph. Mark which events you agree happened and which you dispute. Then check the money calculation separately. An accurate event description can still contain an incorrect total.

Create a working list of:

• The amount claimed.
• Any amount you accept is owing.
• Each disputed charge or payment.
• The record supporting each correction.
• Questions about legal responsibility that need advice.

Do not invent a factual dispute because payment would be difficult. Also avoid admitting a disputed amount simply to finish the paperwork. Have someone qualified review uncertainty about admissions, responsibility, or a possible separate claim.

Schedule, Serve, and File the Materials

Confirm the process at your courthouse

The court’s current motions guidance directs parties to prepare Form 15A and obtain hearing details. It identifies a separate online scheduling route for Toronto.

Check the instructions for your location before putting a hearing date on the form. Ask about the hearing method, booking steps, urgent requests, filing route, and any required confirmation. Court staff can explain procedure; seek legal advice about which orders your facts justify.

For your default judgment motion, keep a written task list with a person responsible for each item. If a representative is helping, confirm who books, serves, files, and checks acceptance. Avoid an arrangement where each person assumes the other completed the step.

Allow time for service and filing

The current court guidance says the motion must generally be served at least seven days before the hearing. It identifies the required recipients as parties who filed a claim and defendants not noted in default. It says to file the motion and proof of service at least three days before the hearing.

Confirm the applicable time calculation, permitted service method, and any court order affecting these periods. Allow time for delivery and correction. Contact the court office promptly if you cannot meet the required timing.

The official Affidavit of Service, Form 8A, records the service details. The person who served the documents supplies that evidence. Licensed representatives may be able to use Form 8B where permitted.

Keep the exact package served, including attachments. Save delivery records and the filed proof. Those records should identify the same documents and versions.

Check filing acceptance

Ontario’s Small Claims Court filing page lists online, mail, and in-person routes. Email filing is limited to specified circumstances.

Toronto uses the Ontario Courts Public Portal for online filing. The court’s Toronto guidance explains how accepted documents reach Case Center. Case Center supports hearings; do not confuse access there with filing through the required route.

Save acceptance notices, receipts, and returned documents. If something is rejected, read the reason and act promptly. Keep the corrected version distinct from the rejected one so you do not serve or rely on the wrong copy.

Address Collection as a Separate Issue

A request to set aside a default judgment is not itself an order stopping collection. If enforcement is active, seek prompt advice about a stay, meaning a temporary pause, and any other relief needed. Rule 20.02 addresses the court’s power to stay enforcement. Read any resulting order carefully.

Rule 20.08(20) also restricts the clerk’s distribution of garnished money after certain filings. That is different from a blanket stay of collection. Confirm what was filed and how that rule affects money held by the court.

Gather the collection notices before the consultation. Record the creditor, the file number, the amount, the person or institution receiving the notice, and any stated date for action. Distinguish money already paid out from money still being held.

An adviser needs that detail to assess the available options. Do not promise your employer or bank that a payment must be released because a motion was submitted. Provide an actual order or other proper direction when required.

The existing RunSensible guide to Ontario judgment enforcement provides background on collection procedures. It does not replace advice about urgent relief in your case.

Prepare for the Hearing and Follow the Order

Ontario’s hearing-method guidelines generally provide for remote motion hearings, subject to the court’s directions. Follow your actual notice.

For the default judgment hearing, prepare a short speaking note in the same order as your request. Identify the order you seek, the important dates, and where the supporting records appear. Have your filed materials ready to open or turn to quickly.

Read any responding evidence before the hearing. List factual disagreements with the relevant page beside each one. Get advice about whether further evidence is needed and how it must be delivered. Avoid saving important records for a surprise at the hearing.

For a remote appearance, test sound and video. Keep the joining details and court contact information available. Find a quiet place and arrange access to your documents. Ask early about accessibility or interpretation needs.

After the decision, obtain and review the order. If the court grants relief, check every condition and deadline. Confirm what must happen to the defence and enforcement steps. If relief is refused or unclear, seek advice promptly about available next steps.

Keep the order beside a dated checklist. Mark a task complete only when you have evidence it was done. Reopening the file is the start of further work on the dispute.

Plan for Fees and Legal Help

Budget for filing, service, and professional help. Check current fees instead of relying on an old article. Ontario’s fee-waiver guidance explains how to ask for relief if you cannot afford court fees.

A fee waiver does not decide whether your default judgment should be set aside. It also does not cover every expense or costs ordered payable to another party. Check the official guide’s eligibility and exclusions.

The court’s legal-help page points to referral services, Pro Bono Ontario, and public legal education resources. Contact a service to confirm its scope and availability.

RunSensible Forms can help you find and prepare relevant documents. It is not a law firm, government agency, court, or official filing service. You remain responsible for reviewing the result and following the applicable process.

Conclusion

Start with the court record when you discover a default judgment. Confirm the order, organize your dates, identify the real dispute, and seek prompt advice. Keep the reopening request, proposed defence, and enforcement concerns clearly connected.

A complete form helps present a request. Accurate facts, supporting records, proper notice, and follow-through make the request reviewable. The court decides whether to reopen the case and on what terms.

Frequently Asked Questions

Can I just send a late defence to the clerk?

Check the file status first. A late defence before a default request and a defence after default has been recorded involve different issues. Ask about the correct route rather than treating submission as acceptance.

Does not receiving the claim guarantee the default judgment will be cancelled?

No. Preserve the service record and evidence about what happened. A qualified adviser can assess the service issue and the appropriate request. Do not assume personal awareness and legal service always happen on the same date.

Is the hearing a full trial of the original dispute?

The motion asks the court to decide the relief identified in your notice. Prepare evidence relevant to that request. If the case is reopened, follow the order and the later process for resolving the claim.

Will a default judgment motion stop a garnishment?

Do not rely on that assumption. Seek advice promptly about enforcement relief and check whether an effective order or other proper direction actually pauses the collection step.

What if the plaintiff agrees to set aside the default judgment?

Review the consent route and its conditions. Record the exact proposed terms, including the defence deadline and collection steps. Confirm the required signatures and obtain the resulting order rather than relying on informal agreement alone.

Must I complete all the related forms below?

No. They serve different roles. Some help explain the existing record; others concern consent, service, or settlement. Choose documents for your actual procedural step and compare them with the current official forms.

Resources

1. Rules of the Small Claims Court, O. Reg. 258/98 — Rules 11.06 and 20.02; garnishment distribution under Rule 20.08(20)
   https://www.ontario.ca/laws/regulation/980258
2. Ontario Superior Court of Justice — Default proceedings
   https://www.ontariocourts.ca/scj/areas-of-law/small-claims-court/default-proceedings/
3. Ontario Ministry of the Attorney General — Replying to a claim
   https://www.ontario.ca/document/guide-procedures-small-claims-court/replying-claim
4. Ontario Superior Court of Justice — Motions
   https://www.ontariocourts.ca/scj/areas-of-law/small-claims-court/motions/
5. Ontario Ministry of the Attorney General — Motions and clerk’s orders
   https://www.ontario.ca/document/guide-procedures-small-claims-court/motions-and-clerks-orders
6. Ontario Court Services — Current Small Claims Court forms and effective dates
   https://ontariocourtforms.on.ca/en/rules-of-the-small-claims-court-forms/
7. Ontario Superior Court of Justice — Filing
   https://www.ontariocourts.ca/scj/areas-of-law/small-claims-court/filing/
8. Ontario Superior Court of Justice — Toronto Small Claims Court Cases
   https://www.ontariocourts.ca/scj/areas-of-law/small-claims-court/toronto-small-claims-court-case-center/
9. Ontario Superior Court of Justice — Guidelines to Determine Hearing Method
   https://www.ontariocourts.ca/scj/areas-of-law/small-claims-court/guidelines-to-determine-hearing-method-in-the-small-claims-court/
10. Ontario Court Services — Court Fee Waiver Forms
    https://ontariocourtforms.on.ca/en/court-fee-waiver-guide-and-forms/
11. Ontario Superior Court of Justice — Finding Legal Help and Representation
    https://www.ontariocourts.ca/scj/areas-of-law/small-claims-court/finding-legal-help/