1. Identify the order you actually need
A motion asks a judge for a procedural or other order before or after trial. Examples include substituted service, extending time, relief from default or permission for a late amendment. Start by writing the exact proposed order and why the Rules permit it. A letter expressing dissatisfaction may not be a valid motion.
Check whether the issue can be addressed by an appropriate consent request or a specific form. Form 11.2A allows certain clerk’s orders on consent; it does not give the clerk authority to decide every disputed issue. Get advice if the relief affects jurisdiction, limitation periods or completed enforcement.
Official reference: Ontario: motions and clerk’s orders
2. Prepare evidence and meet the motion timetable
The ordinary motion uses Notice of Motion and Supporting Affidavit, Form 15A. Explain facts within your knowledge, identify information from others as required, and attach relevant exhibits. Swear or affirm the affidavit before an authorized commissioner. Ask for the hearing date and method through the court’s current process.
For an ordinary motion on notice, the usual minimums are service at least seven days before the hearing and filing with proof of service at least three days before. A responding affidavit is generally served and filed at least two days before. Special rules, orders and time-counting provisions can change the calculation. Urgent or without-notice relief is exceptional, not a shortcut to avoid telling the other side.
Official reference: Rules of the Small Claims Court, O. Reg. 258/98
3. Amend a claim or defence correctly
Rule 12 generally permits amendment without an order where the prescribed service and filing steps are completed at least 30 days before the originally scheduled trial date. Mark the document “AMENDED” and identify changes as the Rules require. Serve all required parties, including those noted in default.
Closer to the original trial date, permission or an authorized consent order may be necessary. Changing parties or adding a new cause of action can raise limitation and service problems even where an amendment procedure is available. An email saying you now want more money does not amend the filed claim.
Official reference: Court: hearing methods and attendance requests
4. Deal with attendance changes and adjournments early
If you need a different attendance method, check Form 1B and the current court guidelines; a request is ordinarily served and filed at least 30 days before the event, with reasons. Form 1C is used to object, ordinarily within seven days after receiving the request.
If you cannot attend, contact the court promptly for its adjournment procedure, notify other parties and provide the required material. Consent between parties is not necessarily an adjournment order. Until the court confirms a change, prepare to attend. Ask what an order means if unclear and keep the final endorsement.
Official reference: Official Small Claims Court forms
Your next-step checklist
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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.