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FOR PLAINTIFFS & DEFENDANTS

Preparing for a Small Claims settlement conference

Prepare Form 13A, exchange documents at least 14 days before the settlement conference, understand attendance and follow trial management directions.

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1. Understand the purpose and attendance notice

After a disputed defence, the court normally schedules a settlement conference. It is a meeting with a judge to explore resolution and narrow what remains for trial. It is not the trial, and witnesses ordinarily do not attend. Read the notice for the date, attendance method and any special directions; do not assume every event takes place on Zoom.

Parties must attend as required even if represented. Ensure the people attending have settlement authority, including appropriate arrangements for approval on behalf of a company. Ask the court early about accessibility, interpretation, French-language services or an attendance-method request.

Official reference: Court: settlement and trial management conferences

2. Exchange the required material at least 14 days before

Prepare List of Proposed Witnesses, Form 13A, and documents you intend to rely on at trial that were not already attached to your claim or defence. Serve the required material on the other parties and file it at least 14 days before the conference. Follow any additional order and keep proof of service and acceptance.

For each witness, note the facts they personally know. Organize documents by date or issue with readable labels. Bring your claim, defence, any defendant’s claim, calculations, correspondence and the court notices. A large unindexed upload makes it harder to identify the real disagreement.

Official reference: Ontario: getting ready for court

3. Prepare to explain and negotiate

Write a short explanation of the case, the facts agreed on, the disputed facts and the evidence needed. A plaintiff should be able to explain both liability and the amount. A defendant should identify the specific answer to each disputed item. Bring an updated calculation crediting any payments.

Decide your settlement range and practical terms before attending. Listen to the judge’s concerns, ask questions about the next procedural steps and avoid interrupting. Conference discussions are generally confidential; do not include them as trial evidence. Formal agreements, consents and orders need separate attention.

Official reference: Court: hearing methods and attendance requests

4. Record the result and prepare for what follows

Read the endorsement and orders after the conference. If settled, complete the signed terms and required court steps. If not, record the narrowed issues, documents to exchange, witness arrangements, trial estimate and deadlines. Settlement conference comments are not a guaranteed forecast of the trial result.

The court may schedule a trial management conference after a request to set a trial date. Its purpose includes readiness, disclosure and efficient trial planning. Attend and follow its directions. Do not assume a trial fee alone completes every scheduling step or that a private agreement to postpone excuses attendance.

Official reference: Official Small Claims Court forms

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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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