The settlement conference did not end the dispute, and now a notice of trial has arrived. For many people in Brampton, this will be the first time they have ever stood up in a courtroom, and they will do it without a lawyer. The prospect can feel worse than the event. Small Claims Court was designed for ordinary people, and the rules of evidence are more relaxed than in other courts. But a relaxed court is not the same as an unprepared one. Judges decide these cases on what is actually put in front of them, and strong cases are lost when the key witness does not attend or the key document was never served.
Trial preparation is mainly a matter of working backward from the trial date. This guide sets out what needs to happen and when, from the perspective of a party getting ready. It picks up after the claim, defence and settlement conference stages, so it assumes your case is already headed for a hearing at 7755 Hurontario Street or by another method the court has directed.
Please read it as general information about Ontario’s Small Claims Court, not as legal advice about your particular claim. The rules leave a lot to the trial judge, and your case will have its own features.
Start With What You Have to Prove
Before organizing a single page, write out the points you need the judge to accept. This keeps your preparation aimed at the issue instead of at everything that ever happened between you and the other party.
A plaintiff in a hypothetical unpaid renovation invoice might need to show that there was an agreement, that the work was done, what the price was, and what remains unpaid. A defendant might need to show the work was deficient and how much it would cost to fix. Under each point, list the evidence that supports it and who can speak to it. If a line is blank, you have found a gap while you still have time to fill it.
Plaintiffs must prove their claim on a balance of probabilities, meaning more likely than not. A defendant who brings a defence such as set-off or a counterclaim should expect to prove the facts behind it.
How Evidence Works in This Court
Section 27 of the Courts of Justice Act gives this court unusual flexibility. It may admit and act on any oral testimony, document or other thing that is relevant, whether or not it would be admissible in another court, although it can exclude anything unduly repetitious. Privileged material and evidence barred by statute stays out.
This does not mean all evidence counts equally. A second-hand account of what a neighbour supposedly heard may be admitted and then given very little weight. A judge will usually prefer the person who was there, a document made at the time, and a clear photograph with a date over a general assertion made for the first time at trial.
So ask yourself of every item: if I were a neutral stranger, why would I believe this?
The 30-Day Rule
This is the deadline people most often miss. Under Rule 18.02, a document, a signed written statement, or an audio or visual record that has been served at least 30 days before the trial date on all parties who were served with the notice of trial shall be received in evidence, unless the trial judge orders otherwise.
That is a valuable shortcut. It can include:
- A witness’s signed statement, including an expert’s written report, as far as it covers facts or opinions the person could testify to in person.
- A receipt, bill, financial record or repair estimate.
- A hospital record or a medical report made during care and treatment.
- Documentary evidence of lost income or property damage.
Each served item must include the name, telephone number and address for service of the witness or author. If that person will give expert evidence, include a summary of their qualifications. It is easy to overlook this detail, so build it into a cover sheet.
Why does this help? Imagine, hypothetically, a garage owner in Bramalea whose mechanic can describe the damage to a vehicle but cannot get a day off work. A signed statement and an itemized estimate, properly served, may be received without calling that mechanic to the stand, unless the judge orders otherwise.
Serving late or not at all does not necessarily mean a document can never be used. You might still bring it in through a witness who attends, and the judge has a discretion. But you lose the automatic route, and you hand the other side an argument about surprise. Count back from the trial date on a calendar, allow for how long your chosen method of service takes to be effective, and serve early. Keep your proof of service.
The rule also runs in the other direction. If the other party serves you with a statement or report and you want to question its author, you may summon that person under Rule 18.03. When you do, you must serve a copy of the summons on every other party at the same time. If you skip that step, the other party can ask for an adjournment, with costs.
Getting Witnesses to Court
A helpful friend’s promise to attend is not a safeguard. People change jobs, get sick, or have second thoughts when the court date arrives. If a person’s evidence matters and you need them there in person, think seriously about a summons.
A Summons to Witness is Form 18A. The court issues it for a fee, and it can also require the witness to bring specified documents, which is useful when a bank, a former employee or a supplier holds records you cannot get on your own. According to the province’s guide to Small Claims Court procedure, it must be personally delivered at least 10 days before the trial, together with attendance money, which covers a witness fee and travel costs. Keep careful notes of who served it, when and where, because you may need an affidavit of service in Form 8A.
If a properly served witness whose evidence is material does not appear, the trial judge may issue a warrant to have that person brought to court. This power is a serious one, and it is the reason a formal summons gives you more protection than an informal promise. Do not use it casually. Summoning someone for no good reason can lead to an order that you compensate them for their inconvenience and expense.
Check availability before you serve anyone, where possible, so that a known conflict can be raised early. Remember that a trial may be adjourned only by order of the court. A private agreement between the parties to change the date is not the end of the matter, so do not assume the date has moved until the court says so.
Preparing a Witness Without Coaching
You are allowed to talk to your own witnesses before trial, and you should. Go over the questions you intend to ask, the documents you plan to show them, and how the day will run. Explain that the other party may question them, and that they should answer only what is asked.
You cannot tell them what to say. A witness who recites a rehearsed speech, or who appears to be repeating your exact phrasing, tends to lose credibility quickly. Tell them that “I do not remember” is an acceptable answer when it is true, and that it is fine to correct a mistake. Ask them to think about what they personally saw and heard, as opposed to what you told them later.
Consider, too, whether each witness is really needed. Three people repeating the same point can irritate a judge and take time away from your stronger evidence. A single firsthand witness with a clear memory is often worth more than several sympathetic friends.
Experts deserve separate thought. In a dispute over a leaking roof or a failed transmission, your own opinion about why the work was poor may carry little weight. An independent tradesperson who inspected the problem can make a real difference, even in a claim of modest size.
Brampton’s trials often involve speakers of many languages, and arrangements should not be left to the last moment. English and French interpretation is handled by the court. For other languages, the party who summoned a witness needing interpretation must arrange a qualified interpreter, and failing to do so can entitle the other party to request an adjournment with costs. The provincial guide notes that the court provides interpreters in other languages for parties who qualify for a fee waiver.
A family member who speaks both languages is not necessarily an appropriate choice, especially one who has a stake in the result. Ask the court office well in advance what is required for your hearing.
Building the Trial Binder
A tidy set of materials helps you think clearly when you are nervous. Bring the originals of documents, and enough copies for the judge, the other party and yourself. The province suggests at least three copies of each.
A useful binder might contain:
- A one-page chronology of dates and events.
- Your claim, the defence and any orders or endorsements made so far.
- Your documents, tabbed and numbered in the order you will use them.
- Proof that you served your Rule 18.02 materials and any summons.
- Your opening outline, in point form.
- A written list of questions for each witness and for cross-examining the other side’s.
- A short calculation of the amount claimed, with each item tied to a receipt, invoice or estimate.
Text messages deserve some care. A long screenshot scroll can be hard to read in court. Print the exchange so the sender and date are visible, and do not crop away the surrounding context, since selective screenshots tend to invite suspicion. Check with the court office ahead of time if you need equipment to play a video or audio file, or if your hearing will proceed by video.
On the Day
Plan to arrive early. Security screening and finding your courtroom take time, and parking near the Hurontario courthouse can add stress on a busy morning. Dress as you would for an important meeting. Address the judge as “Your Honour,” and stand when speaking unless told otherwise. If you are appearing by video, test your connection and find a quiet room.
Attendance is not optional. If all parties fail to attend, the action may be struck from the trial list, and one absent party may find that the trial carries on without them.
The plaintiff usually goes first, briefly describing the case and any facts already agreed. Witnesses swear or affirm to tell the truth. After each one testifies, the other party may be allowed to ask questions. Then the defendant presents evidence, and each side makes closing remarks.
Do not interrupt, even when you hear something you are sure is false. Write it down and deal with it when your turn comes. In cross-examination, ask short, focused questions tied to your points, rather than arguing with the witness or repeating your whole case. When you close, go back to the list of things you had to prove and link each one to the evidence.
The judge may decide on the spot or reserve and send written reasons later.
Costs and What Comes Next
The result will usually include a decision about costs. A court may award disbursements, a reasonable representation fee if the successful party had a lawyer or paralegal, and up to $500 to a self-represented successful party for inconvenience and expense. A party who unduly complicated or prolonged the action, or otherwise behaved unreasonably, can face a penalty. Costs other than disbursements are generally capped at 15 per cent of the amount claimed, subject to that penalty power. Keep your receipts for filing fees, service, summons fees and attendance money, so that you can ask for them. Any formal offer you served should be mentioned only after the judge has decided liability and relief.
A judgment is an order to pay, not the money itself. If the other party does not pay voluntarily, enforcement is a separate process.
Getting Help Without Giving Up Control
You do not have to choose between doing everything alone and handing over the entire file. A short retainer to review your evidence list, check your service dates, or help frame your cross-examination can be sensible for many claims. If you want to understand your options, our small claim matters page explains the court’s work, or you can contact our Brampton office to ask about limited help before your trial date.
Much of the outcome is determined weeks before you enter the courtroom. A marked calendar and an honest assessment of what your documents actually show will do far more than a polished speech.