Form 13B – Consent

Jurisdiction: Country: Canada | Province or State: Ontario

What is a Form 13B – Consent?

Form 13B – Consent is the Small Claims Court form you use to record a clear, signed agreement between the parties in an existing case. It tells the court, “We agree to have this order made.” It is short, direct, and focused on what both sides are consenting to. You attach it to a filing so the court can make an order without a fight and often without a hearing.

You use this form in a Small Claims Court file under the Superior Court of Justice in Ontario. The court’s role is to resolve claims for money or the return of personal property within the court’s monetary limit. Many disputes settle or need small procedural orders along the way. Form 13B lets you ask the court to make those orders on consent, which saves time and costs.

Who typically uses this form?

Self‑represented parties, paralegals, and lawyers in active Small Claims files. Plaintiffs use it to finalize settlements, adjust deadlines, or get judgment by consent. Defendants use it to set aside a default, adjust payment terms, or end the claim on agreed terms. Businesses use it to resolve accounts receivable disputes with payment plans. Individuals use it to wrap up consumer or contractor disputes. Insurers and corporate defendants use it to resolve small claims exposure quickly and cleanly.

You might need this form when you and the other side agree on a specific order the court should make. That could be a consent judgment for a fixed amount. It could be a dismissal of the claim, counterclaim, or third party claim. It could be an order that changes deadlines, amends a claim or defence, or adjourns a step. It may confirm the terms of a payment schedule or a return of goods by a set date. It can also support a request to set aside a noting in default or a default judgment, by consent, so the case can continue on the merits.

Typical usage scenarios

You settle at a settlement conference, and you need an order reflecting the settlement. You discover the defendant’s legal name is slightly wrong, and you both agree to correct it. You both need more time to exchange documents, and you want that extension ordered. The defendant agrees to pay in installments, and you want that plan set as an enforceable order if default occurs. Or you both agree the claim should be dismissed after payment clears. In each case, Form 13B stands as the parties’ written consent so the court can act.

Think of Form 13B as a fast lane for agreed outcomes. It records the consent, links it to the case, and lets the court issue an order that matches your agreement. Your job is to state the agreed terms clearly, ensure all affected parties sign, and file it properly so the order can be made.

When Would You Use a Form 13B – Consent?

You use Form 13B whenever you and the other side agree on an order the court should make in your Small Claims case. The form is flexible and covers both final and procedural steps. You might use it early in the case to fix pleadings or adjust deadlines. You might use it mid‑case to put a payment schedule into an order, or to cancel a hearing that is no longer needed. You might use it late in the case to finalize a settlement with a consent judgment or a dismissal.

If you are a plaintiff, you may use it to get a consent judgment for a set amount after negotiating a reduction or a payment plan. You may also use it to dismiss the claim after full payment, with or without costs. If you ran into a naming error, you and the defendant can consent to amend the style of cause to the correct legal name. If you filed for default and the defendant wants back into the case, you may consent to set aside the default on terms, such as a deadline to serve a defence and a modest costs payment.

If you are a defendant, you may use it to agree on a structured payment order that protects you from immediate enforcement if you pay on time. You might use it to adjourn a settlement conference to complete disclosure or obtain records. You can also use it to consent to the return of specific goods in exchange for a dismissal of the money claim. If you defended only part of the claim, you might consent to judgment on the undisputed portion and leave the balance for later resolution.

If you are a business owner, contractor, or supplier, you may use it to secure predictable cash flow through installment orders. If you are an individual, you may use it to close out a dispute on fair terms and avoid the time and stress of a hearing. The form also helps represented parties. Lawyers and paralegals use it often to adjust schedules, settle costs, or finalize terms reached in negotiation.

You can also use Form 13B to tidy up procedural steps efficiently. For example, both sides can consent to serve and file late evidence, correct a clerical error, add a party if everyone agrees, or consolidate two related claims into one case if appropriate. While the court must agree that the order is appropriate, your signed consent removes the need to argue about it. In short, use Form 13B whenever agreement exists and you want the court to record it as an order.

Legal Characteristics of the Form 13B – Consent

Form 13B records the parties’ consent to a requested order in a live court case. The court still controls its own process. An order on consent is not automatic, but the court will usually make it if the terms are clear, lawful, and within Small Claims jurisdiction. Once the court makes the order, it is binding. You can enforce it like any other Small Claims order or judgment.

What makes it enforceable is clarity and proper execution. The consent should state the exact relief, set any payment amounts and dates, and describe any conditions. All affected parties must sign. If a party is a corporation, an authorized person must sign and state their title. If a party has a representative of record, that representative should sign. If the agreement includes a payment plan, it should specify what happens on default. If the order dismisses a claim, it should state whether it is with or without costs and whether it is final.

The court can refuse or vary a consent if it falls outside the court’s authority, is unclear, or appears unfair to someone not at the table. For example, the court may not accept a consent order for a remedy the Small Claims Court cannot grant. It may not accept terms that attempt to bypass mandatory fees or procedures. It may not accept a consent that affects the rights of a person who did not sign. The court may also require more information if a person under a legal disability is involved.

A signed consent also has the character of a contract between the parties. If, for some reason, an order is not immediately issued, the signed consent still shows a binding agreement. But in practice, you file the consent so the court can issue the corresponding order. That order then governs the case. If a party does not comply, the other party can rely on enforcement tools available in Small Claims.

Timing matters. If your consent adjusts deadlines or upcoming hearings, file it as soon as possible before the event. If your consent ends the case, confirm that any required court fees are paid and that the consent addresses costs and interest. Use precise language. Avoid vague phrases such as “reasonable time” or “appropriate costs.” State dates, amounts, and outcomes in plain, specific terms.

How to Fill Out a Form 13B – Consent

Follow these steps to complete the form clearly and avoid delays. Keep your sentences short and your terms exact. If your agreement is longer than a few lines, attach it as a schedule and refer to it in the form.

1) Gather your case information

Have your court file number, the court location, and the exact names of all parties as shown on the claim. Confirm who is signing for each party. If a corporation is a party, identify the person with authority to sign. If a representative is on record, that representative should sign.

2) Identify the court and file

At the top of the form, enter the court location exactly as it appears in your case file. Add the court file number. Accuracy here ensures the form lands in the right file.

3) Set out the title of proceeding

Insert the parties’ names as they appear on the claim and defence. Do not alter order or spelling unless you are also seeking an amendment by consent. If you are fixing a name, include a short clause stating the corrected name and attach a revised caption as a schedule.

4) Specify who is consenting

List each party giving consent. If there are multiple plaintiffs or defendants, name each one. If a party is a business, include the business name and the full name and title of the signing officer. If a representative signs, include their contact information.

5) State the order you want made

Write the core term in a single, clear sentence. For example: “The parties consent to an order that the defendant pay the plaintiff $6,500 in full and final settlement of the claim.” If you need more detail, add numbered paragraphs. Keep each clause focused on one point.

6) Add payment details, if any

If you agreed to a lump sum, state the amount and the exact due date. If you agreed to installments, list each amount and due date. Include how payments will be made (for example, e‑transfer, cheque, or money order) and where to send them. State the consequences of a missed payment. A common approach is: if a payment is missed, the unpaid balance becomes due at once, and the plaintiff may enforce without further notice.

7) Address costs and interest

Say whether any party will pay costs or whether costs are waived. If you agreed on an amount, state it. If interest applies, state the rate, the date it starts, and whether it stops on payment. If you intend no interest, say so.

8) Deal with dismissal or judgment

Be explicit about the outcome. If it is a consent judgment, say that. If the claim will be dismissed after payment, say the exact trigger for dismissal and who will file the notice. If the claim is dismissed immediately, state whether it is with or without costs and whether it is final. If only part of the claim is resolved, identify the part and what remains.

9) Include terms on documents or property

If the order involves returning goods, describe the goods, the condition, the location, and the pickup or delivery deadline. If the order involves exchanging documents, list what must be exchanged and by when. If serial numbers or unique identifiers matter, include them.

10) Cover amendments or procedural changes

If you are amending a claim or defence, state that leave to amend is granted on consent and attach the amended pleading as a schedule. If you are extending deadlines, state the new dates. If you are adjourning a hearing, state which hearing and the proposed new date or that it will be rescheduled by the court.

11) Add terms about default and notices

If payment terms are included, add a clear default clause. State whether a grace period applies. State whether email notice is acceptable and to what address. Keep it simple: one method of notice is best.

12) Consider confidentiality and admissions

If confidentiality matters, include a clause that the terms are confidential except as needed to enforce the order. If fault is disputed, include a “no admission of liability” clause. These clauses can prevent later misunderstanding.

13) Use a schedule for detailed terms

If your agreement is longer than the space on the form, attach a schedule. Label it “Schedule A – Terms of Consent.” Refer to it in the body of the form: “The parties consent to an order in the terms set out in Schedule A.” Number the paragraphs in the schedule for easy reference.

14) Final checks for jurisdiction and clarity

Confirm that what you are asking fits within Small Claims Court powers. Confirm the amount is within the court limit. Confirm the remedies are money or return of personal property. If something is outside that scope, adjust your terms before you file. Ensure every number, date, and name is correct. Ambiguity creates delay.

15) Signatures and dates

Each party or their representative must sign and date the form. Print the name clearly under the signature. Add contact information. If a corporation signs, include the signing officer’s title. Do not leave any signature block blank if that party is affected by the order. If there are more parties than signature lines, add an extra page for signatures.

16) Filing and service

File the signed consent with the court office handling your case. If you are seeking a formal order document, include a short draft of the order language that matches the consent. Serve a filed copy on all parties who signed, and keep proof of service. If a hearing is imminent, notify the court office of the consent as soon as you file it, so the hearing can be vacated if appropriate.

17) After the order is made

Once the court issues the order, calendar any dates for payments, deliveries, or filings. If the order calls for dismissal or another step after payment, diarize who must file what and when. If a party defaults, you may enforce according to the order and the court’s enforcement processes. If the order requires a further court appointment, bring a copy of the consent and the order to that event.

Practical examples help you shape your wording. If you settled for $4,000 payable in four equal monthly installments, list the exact amounts and due dates, and state that time is of the essence. If the claim will be dismissed after final payment clears, write that the plaintiff will file a notice of discontinuance within a set number of days after receiving the last payment. If you are correcting a defendant’s legal name, state the current and correct name and attach a clean, corrected caption as a schedule.

Keep your language clean and direct. Write numbers as numerals. Use exact dates. Avoid “reasonable” and “as soon as possible.” Say what will happen on default. Say who will do what, by when, and how. Form 13B is short. Your clarity in the clauses and any schedule is what makes the order work for you.

If you follow these steps, your consent will be complete, enforceable, and easy for the court to accept. That saves you time, avoids unnecessary hearings, and locks in the result you agreed to.

Legal Terms You Might Encounter

Consent is your written agreement to a specific court order or step. With this form, you tell the court, “We both agree to this.” The court relies on your consent to issue the order without a hearing.

A consent order is an order the court makes because everyone agrees. You use this form to describe the exact order you want. The clerk or a judge can issue it when the form is clear and complete.

Judgment is a final order deciding some or all issues. You can use this form to consent to judgment for a set amount or to dismiss a claim. Be precise about the result and any costs.

Settlement is the agreement you reach to resolve the dispute. If you settled, you can attach or refer to the terms and ask for a consent order. This form records that both sides want the court to reflect the settlement.

Amendment is a change to a claim, defence, or other document. You can use this form to consent to an amendment. State exactly what document changes and attach the revised version.

Default judgment is a judgment granted when a party does not respond. If both sides agree to set aside or vary a default judgment, you can use this form. Say what will replace it, such as new deadlines or amended pleadings.

Stay means a pause in the case. You can consent to a stay while you complete a settlement or payment plan. Use the form to set the stay length and conditions to lift it.

Dismissal ends a claim or a defence. You can consent to dismiss all or part of a case. Say if it is “with prejudice” (final) or “without costs,” and specify any releases if needed.

Costs are out‑of‑pocket legal expenses allowed by the court. If you agree on costs, write the amount, who pays, and when. If you do not agree on costs, say so to avoid confusion.

Service and filing are two different steps. Service means giving a copy to the other side. Filing means delivering the document to the court. With consent, you usually file the signed form and then share the issued order with all parties.

FAQs

Do you need this form to settle your case?

If you want the court to issue an order that reflects your settlement, yes. You can attach the settlement terms and ask for a consent order. If you plan to withdraw the claim without an order, a different form may apply. Use this form when you want a clear court order everyone agrees on.

Do you have to attend court if both parties sign?

Usually not. If the consent is clear and within the court’s power, the clerk or a judge can issue the order without a hearing. If the request is unclear or incomplete, the court may ask for more information or set a short attendance.

Do you need both parties’ signatures?

Yes. A consent order requires the signatures of all affected parties or their authorized representatives. If a party is a corporation, the signer must have authority to bind the company. If someone has a representative on record, that representative should sign.

Do you need a witness or a commissioner to sign?

This form does not require commissioning. You do not swear or affirm anything. However, your signature must be legible and match the name on the court record. Include your contact information shown on the case.

Do you use this form to change deadlines?

Yes, if both parties agree to extend or shorten time for a step. State the exact new deadline and which step it affects. Make sure the new deadline is realistic and does not conflict with any scheduled event.

Do you use this form to add or remove a party?

You can, if everyone involved agrees. Describe the change and attach any amended claim or defence. Include updated contact details for service. If anyone objects, you will need a different process.

Do you pay a fee to file this form?

Sometimes. It depends on the type of order requested. For simple consents the fee may be minimal or waived. For other orders, a fee may apply. Check current fees before filing to avoid delays.

Do you still need to serve documents after filing?

Yes. After the court issues the order, serve a copy on every party who did not sign or who needs notice. Keep proof of service. File proof if the court requests it or if the order requires it.

Checklist: Before, During, and After

Before signing

• Court file number exactly as on the case record.
• Full names of all parties, spelled as on earlier filings.
• Clear description of the order you both want.
• Any settlement terms attached or referenced.
• Any amended documents prepared and attached.
• Specific dates, deadlines, and payment schedules.
• Costs agreed or a statement that there are no costs.
• Authority to sign for a business or organization.
• Current addresses for service for every party.
• Copies of any existing orders that the consent changes.

During signing

• Confirm the file number and court location.
• Confirm the parties listed match the case caption.
• Read the proposed order line by line.
• Check dates, amounts, and deadlines for accuracy.
• Confirm costs are addressed, even if zero.
• Confirm attachments are labeled and referenced.
• Ensure conditional terms are clear and measurable.
• Remove blank spaces or mark them “Not applicable.”
• Sign and date on the correct lines with printed names.
• Initial any handwritten changes next to each change.

After signing

• File the signed form with the court promptly.
• Pay any required filing fee.
• Ask the clerk how you will receive the issued order.
• Diarize all new deadlines set by the consent.
• Serve the issued order on all parties who need it.
• Keep proof of service in your file.
• Store signed originals and the issued order safely.
• Update internal records and calendars to reflect changes.
• Start performing any obligations right away.
• Follow up if you do not receive the order within expected time.

Common Mistakes to Avoid

Vague or incomplete order language

Don’t say, “Parties agree to settle” without details. The court needs precise terms, dates, and amounts. Vague orders can be rejected or cause later disputes.

Missing or improper signatures

Don’t forget a party’s signature or authority. If the signer lacks authority, the order may be set aside. This can restart the dispute and add costs.

Using this form when another form is required

Don’t use consent to withdraw a claim if a withdrawal form is required. Using the wrong process delays the case and may trigger extra steps.

Conflicting deadlines or impossible timelines

Don’t set a date that has already passed or conflicts with scheduled events. The court may refuse the order or you may miss deadlines and face consequences.

Ignoring costs

Don’t leave costs unaddressed. If you stay silent, later arguments may arise. State the amount, payment date, or “no costs” to close the issue.

What to Do After Filling Out the Form

File the signed consent with the court. Include any attachments referenced, like settlement terms or amended documents. If a fee applies, pay it at filing.

Ask how the order will issue. Some orders issue from the clerk’s office. Others may require a judge’s review. Confirm how and when you will receive the signed order. If you need the order urgently, say so and explain why.

Wait for the court to issue the order. Do not act as if the order is in place until you receive the signed version. If time is critical, follow up to confirm status. Keep a record of your follow‑ups.

When you receive the order, review it. Make sure the wording matches the consent. Check names, dates, sums, and any schedules. If something is wrong, contact the court immediately and provide a corrected draft if requested.

Serve the issued order on all parties who need it. If everyone signed the consent, service may be straightforward. If a party did not sign but is affected, serve them and keep proof. If the order requires proof of service, file it.

Diarize every deadline in the order. This includes payment dates, amendment deadlines, or stay periods. Share the calendar entries with your team to prevent missed dates.

Start performing your obligations. Make payments on time. File any amended claim or defence by the new date. Deliver any documents you promised to provide. Keep receipts and confirmations.

Monitor the other side’s performance. If they must pay or file something, track the deadline. If they miss it, look at the consent terms for next steps. Some consents allow a step to resume or a judgment to issue if terms are not met.

Store the consent and the issued order safely. Keep digital copies with clear file names. Save emails from the court and any delivery receipts. You may need them to enforce or vary the order.

If the court rejects the consent, fix and refile. Read the reason carefully. Common fixes include clearer wording, added signatures, or attached amendments. Correct the issue and resubmit quickly.

If you need to change the consent before the order issues, prepare a revised consent. Have all parties sign again. File the new version and withdraw the old one if required.

If you need to change the order after it issues, you will usually need a fresh consent or a motion. Draft the revised wording precisely. Get all parties to sign. File it and ask the court to issue the amended order.

If a party does not comply, consider enforcement options permitted by the order. Some orders set out consequences. If not, you may need further steps. Keep records that prove the breach.

If the case is now concluded, close your file properly. Confirm there are no outstanding costs or steps. Notify accounting if payments occurred. Archive the documents per your retention policy.