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FOR PLAINTIFFS

What if the defendant does not respond? Default judgment

Understand noting in default, Form 9B, liquidated debts, assessment of damages and the evidence needed for Ontario Small Claims default judgment.

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1. Verify service and the defence deadline

Default is a court procedure, not an automatic win on day 21. First confirm that the correct defendant received the issued claim by a valid method, that service has become effective, and that the defence period has expired. Check the court file for a defence before requesting default.

Prepare the required proof of service and identify each defendant separately. If you used an alternative or substituted method, retain the evidence and order showing compliance. A defect in service can undermine a judgment and cause additional cost later.

Official reference: Court: default proceedings

2. Ask to have the defendant noted in default

The usual request uses Request to Clerk, Form 9B, together with the required service proof and any jurisdiction material. Once a defendant is noted in default, their ability to participate is restricted. A late defence may still be accepted before default procedures prevent it, so obtain an accurate record rather than assuming silence is enough.

If one defendant has defended and another has not, the defended case may still proceed to a settlement conference. Do not treat all parties as being in the same position or collect the same loss twice.

Official reference: Ontario: making a claim

3. Choose the appropriate judgment route

For an eligible debt or liquidated demand—an amount fixed or calculable without a judge assessing damages—the clerk may sign Default Judgment, Form 11B. Provide the calculation, payments credited and interest basis. A number written on the claim is not necessarily a liquidated amount.

For losses requiring assessment, such as the reasonable cost of defective work or property damage, a judge must assess the amount. Depending on the case, this may be a motion in writing or an assessment hearing. Support the request with admissible facts, records, estimates and explanations of the loss. Default does not excuse proving damages.

Official reference: Official Small Claims Court forms

4. Keep the order and plan collection

Check the signed judgment, parties, amount, interest and costs. Keep the endorsement and any directions about delivery or payment. If payment does not follow, decide whether proportionate enforcement is worthwhile; the court does not collect automatically.

A defendant can seek to set aside default proceedings. If served with a motion, read it, preserve the service evidence and respond on time. Do not hide payment, a settlement or a known defence from the court. Accurate calculations and fair procedure protect the usefulness of the judgment.

Official reference: Rules of the Small Claims Court, O. Reg. 258/98

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General information for Ontario, not advice about your case. Legislation, court orders and current court directions govern. Get help with your situation.

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