Picture two people who have not spoken in eight months, seated at the same table with a judge between them, or on the same video call. One of them lent the other money, or fixed a roof, or sold a used machine. Each arrived with a folder and a fixed view of who owes what. Within an hour or so, a neutral person with judicial experience will have looked at both folders and probably said something neither of them wanted to hear.
That is a settlement conference in Ontario’s Small Claims Court. It is required in every defended action, and for many people in Brampton it is the most informative hour of the whole dispute. You get an early, independent read on your case without having won or lost anything yet. It also tends to be where unprepared litigants pay for their lack of preparation, because the court expects you to show your hand well before trial.
What follows is general information on the Small Claims Court process in Ontario. It is not legal advice, and a lawyer or licensed paralegal can tell you how the rules apply to your own claim.
Why This Meeting Exists
Rule 13 of the Rules of the Small Claims Court states the purposes of the conference, and they go beyond asking the parties to split the difference. The conference is meant to resolve or narrow the issues, speed up the disposition of the case, encourage settlement, help everyone prepare for trial, and provide full disclosure of the relevant facts and evidence.
You are therefore attending for several reasons at once. Even where settlement is out of reach, a good conference can reduce a sprawling argument to the two or three points a trial judge actually has to decide. It can also expose a witness or document that no one had mentioned, which is a far better moment to learn about it than the middle of a trial.
The clerk sets the date and serves a notice along with the witness list form. The Ministry’s procedural guide says a conference should be held within 90 days after the first defence is filed, though actual scheduling depends on what the court can offer. For matters proceeding at the Brampton courthouse, 7755 Hurontario St., look closely at your notice for the date and the attendance method.
The Fourteen-Day Rule Is the Real Deadline
People often treat the conference date as the deadline. The working deadline falls two weeks earlier. Under Rule 13.03(2), at least 14 days before the conference each party must serve on every other party, and file with the court:
- a copy of any document to be relied on at trial, including an expert report, that was not attached to the claim or defence
- a List of Proposed Witnesses (Form 13A), which also names other persons who know about the matters in dispute
Count back from the conference date on your calendar and write down that day, then allow extra time for service. Choosing the right service method matters, because each method can have its own timing rules.
Think hard about what “relied on at trial” means for your file. If your hypothetical dispute concerns a contractor’s unpaid invoice, that may include the signed estimate, the change orders, photographs of the work, the e-Transfer records, the text exchange in which the homeowner approved the extra work, and a repair quote from another contractor. Holding something back to surprise the other side is a poor strategy. The judge may react badly, and the other party may ask for more time or for costs. It also weakens the conversation you came for, since the judge can only comment on what is in front of them.
An expert report deserves particular thought. If a claim turns on whether a repair was necessary or a defect existed, a written opinion from a qualified person, shared by this deadline, can change the tone of the discussion a good deal. Waiting until just before trial may cost you the chance to use that opinion when it would have helped most.
Who Attends, and What Authority They Need
Rule 13.02 requires each party, and any representative, to participate unless the court orders otherwise. Witnesses do not attend. A lawyer or paralegal can come with you, but sending a representative does not simply replace you, unless the court has ordered otherwise.
Pay particular attention to authority. A party who needs someone else’s approval to settle must arrange ready telephone access to that person throughout the conference. This comes up constantly for corporations, insurers, and business partners. If you run a small Brampton company with a co-owner, make sure one of you can actually say yes, or that the other is reachable by phone for the full conference, even if it runs past the expected time.
Attendance method is another detail to check. The guide describes a Request to Change Attendance Method (Form 1B), to be filed at least 30 days before the hearing, with objections due within seven days of receiving the request. If you have a real reason why your attendance method should change, do not leave it to the last minute. If you need the date moved, contact the court office before the scheduled date; if you are left asking on the day, you must still attend in order to ask.
The consequences of staying home can be serious. Under Rule 13.02(5), the court may impose sanctions by way of costs or otherwise and order an additional conference. If a defendant misses a first conference, receives notice of an additional one, and misses that too, Rule 13.02(6) allows the court to strike out the defence, dismiss the defendant’s claim if there is one, and let the plaintiff prove the claim. A plaintiff who ignores these steps risks their own consequences. Being present and unprepared can also draw a costs order, so showing up with nothing is not much of a solution.
How the Conversation Usually Runs
Conferences are informal compared with a trial. No witnesses are sworn. Usually a deputy judge will invite each side to explain, ask pointed questions, and look through the documents. The Superior Court’s information says the presiding judge may give a view of how the case might be decided at trial. You are free to disagree with that view, and you cannot be forced to settle, but it is worth listening to carefully, especially when it is uncomfortable.
Expect to be asked things like these:
- What exactly is the agreement, and where is it written?
- How do you arrive at this dollar figure, line by line?
- What did you do to reduce your loss after this happened?
- Is the person you are suing the right one, or is the contract with a corporation?
- Has the limitation period passed?
- If you won, is there any realistic way to collect?
The last question surprises some claimants. A strong case against someone with no income or assets may be worth much less than a modest settlement paid over six months. Judges often raise this because it can be the most practical issue in the room.
Confidentiality and the Judge Who Hears Your Trial
You can speak frankly because of two protections. First, under Rule 13.03(4), matters discussed at the conference generally cannot be disclosed to others until after the action has been disposed of, unless the parties consent on Form 13B or the rules provide otherwise. Second, Rule 13.08 says a judge who conducts your settlement conference will not preside at your trial. An offer you floated, or a weakness you admitted, should not reach the person who ultimately decides the case.
Keep a sense of proportion. Those rules protect the discussion within the case. They do not make it wise to lose your temper, make threats, or post about the conference afterwards, and they do not extend to everything you might say to someone in the hallway. Anything you serve and file as a document is a separate matter too, because disclosure is meant to be used.
Orders the Judge Can Actually Make
A settlement conference may be informal, but it is not toothless. Rule 13.05 lets the judge make any order relating to the conduct of the action that the court could make, including adding or removing parties, consolidating actions, directing production of documents, changing the place of trial, setting an additional conference, and ordering costs. With written reasons, the judge may stay or dismiss the action, and a claim or defence may be amended or struck under the court’s power in Rule 12.02.
The judge may also make recommendations, for example that a party drop an unsupported argument or that certain facts be admitted without further proof. At the end, the court prepares a memorandum summarizing recommendations, remaining issues, agreements, evidentiary points, and scheduling. Keep that memorandum with your trial preparation notes.
There is one further option to consider seriously. Under Rule 13.05(4), where the amount in dispute is under the appealable limit, currently $5,000, the judge may give final judgment at the conference if every party has signed a Form 13B consent saying they want a final determination if no mediated settlement is reached. For a small dispute, that can save the trial fee and another day off work. You would be giving up a trial and any right to a further hearing, so it is not a form to sign casually.
Reaching a Deal That Holds
If you do settle, write it down before anyone leaves the room or the video call. Vague promises to “sort it out” are how settled cases return to court. The terms should cover at least the amount, the payment dates and method, what happens on a missed payment, who is released from what, and how the claim will be ended. The court’s Terms of Settlement form (Form 14D) is available for this purpose.
A missed payment is the classic problem, so address it directly. Rule 14.06 says that if a party to an accepted offer does not comply, the other party may move for judgment in the terms of that offer or continue the action as if there had been no offer. Also think about whether a consent to judgment on default, or a larger sum on default, would be useful. Be careful with any penalty-style amount, which needs thought rather than a quick guess.
Remember the costs as well. If an accepted offer does not deal with costs, Rule 14.05 sets out what the plaintiff may be entitled to, so address costs expressly instead of assuming each side walks away.
If It Does Not Settle
Rule 13.07 requires the clerk to give the parties a notice that one of them must request a trial date if the matter is not disposed of within 30 days after the conference, and pay the fee. The Ministry’s page lists that fee at $308 for an infrequent claimant at the time of writing, though court fees can change, so confirm it with the court office. Trial preparation then becomes the priority: documents and written statements must be served at least 30 days before trial to get the benefit of Rule 18.02, and any summons to a witness must be served personally at least 10 days before trial, with attendance money.
After a conference has been held, a plaintiff cannot simply withdraw a claim against a party who is not in default. Rule 13.09 requires the written consent of that party or leave of the court. In some cases the court will also schedule a short trial management conference.
Getting Ready Without Overdoing It
Prepare a one-page summary for yourself: the three facts that matter most, the documents that prove them, the amount you want and how you calculated it, and the lowest or highest figure you could accept. Decide on those figures beforehand, when you are calm, and think through how a payment plan might affect them.
Put your documents in date order with tabs or clear file names, and bring or have available everything you served. If you have a bundle of messages, make sure it is complete and readable. Try to have an honest conversation with yourself about the weakest part of your case, since the judge will likely find it within minutes.
If the sums are significant, consider getting advice before the disclosure deadline, not after. A lawyer can review a claim or defence, help you assess a settlement proposal, or attend with you. Our Small Claims Court matters page describes that work, and our Brampton office information explains how to reach us. It is entirely reasonable to want some advice for this one step even if you plan to run the rest of the case yourself.
Most of what a settlement conference offers depends on what you bring to it. Serve your documents on time, come with authority to decide, listen to the judge’s assessment, and do the arithmetic honestly. You may leave with a signed deal. Failing that, you should at least leave with a much clearer idea of the trial you are about to have.