1. Match each disputed fact to proof
Make a worksheet with three columns: the fact to prove, the record or witness proving it, and the other side’s answer. A plaintiff must prove the basis of liability and the amount of loss. A defendant should prepare the facts supporting the defence and any claim of their own.
Keep original contracts, invoices, bank records, messages, photographs and recordings. Preserve dates, context and original electronic files. Screenshots should show enough of the conversation to be understandable; do not crop out an inconvenient reply. Keep a separate payment and interest calculation. Do not manufacture, alter or “improve” evidence.
Official reference: Court: trial
2. Exchange material before the trial
Under Rule 18.02, the usual deadline for serving documents, records and written statements to be relied on at trial is at least 30 days before trial, subject to the Rules and any court order. Earlier exchange at the settlement conference does not remove the need to check the trial requirements.
For relevant statements or reports, provide the author’s required contact information; expert evidence also needs qualifications and the required substance. Arrange for the author to attend if necessary. Do not assume an unsigned estimate or a friend’s letter will prove everything without questions. File and upload hearing material as directed; service, filing and Case Center upload are different tasks.
Official reference: Ontario: getting ready for court
3. Arrange witnesses and experts
Choose witnesses with first-hand knowledge, not people who can only repeat what you told them. Ask about availability and the facts they observed. Help them locate their records without telling them what to say. Prepare short, open questions for your own witnesses and focused questions for the other side.
Where attendance must be compelled, use a properly issued Summons to Witness, Form 18A. The ordinary procedure requires personal service with attendance money at least 10 days before trial. Confirm the current requirements, including service on parties where applicable. Expert reports, interpretation and remote witness arrangements should be addressed well in advance.
Official reference: Rules of the Small Claims Court, O. Reg. 258/98
4. Assemble a usable hearing file
Prepare an indexed, paginated set of permitted records, the pleadings, court orders, a chronology, witness questions, an updated calculation and a short outline of the outcome requested. For in-person hearings, bring originals and enough copies for the judge, every other party and yourself. For remote hearings, test your connection, camera, audio and document access.
Keep unaccepted settlement offers and confidential conference discussions out of the merits bundle. Confirm equipment for recordings, accessibility needs and the attendance instructions. Plan travel or a private remote location, and allow time for security or connection problems. Preparation should make the evidence easy to find, not turn your testimony into a memorized speech.
Official reference: Official Small Claims Court forms
Your next-step checklist
Use this list as you work. Check marks apply to this visit only.
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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.