What happens at a Small Claims Court trial?

1. Attend ready to explain the issues

Read the hearing notice and all case-management orders. Arrive or connect early with your documents and witnesses available. Tell court staff promptly about a genuine technical or accessibility problem. Address the judge respectfully and speak when invited. Do not contact the judge privately about the case.

The usual civil standard is the balance of probabilities: whether a disputed proposition is more likely than not. The party seeking a remedy must establish its required elements. The same discipline applies to a defendant’s claim. Suspicion, anger or the number of pages filed is not a substitute for proof.

Official reference: Court: trial

2. Present evidence and ask questions

The judge directs the hearing. Typically, the plaintiff presents the claim and witnesses, followed by the defence; the order can be adjusted for the case. A witness gives evidence under oath or affirmation and can be questioned by the other side. A document should be identified and connected to the issue it proves.

Answer the question asked and distinguish personal knowledge from inference. If you do not know or do not remember, say so. In cross-examination, put relevant disagreements to the witness through questions instead of making a speech. Raise procedural or evidence concerns respectfully and follow the judge’s ruling.

Official reference: Ontario: getting ready for court

3. Make a focused closing submission

After evidence, explain how the proven facts meet the legal requirements and identify the order you seek. Refer to the relevant page or witness rather than repeating the whole story. A plaintiff should show a clear damages calculation; a defendant should identify the missing element, payment, competing explanation or reduction supported by the evidence.

Closing submissions are argument about the evidence, not an opportunity to introduce a surprise record or new testimony. Keep confidential settlement conference discussions and unaccepted offers out of the liability and damages stage.

Official reference: Courts of Justice Act, including sections 29 and 31

4. Read the judgment, interest and costs order

The judge may decide immediately or reserve the decision. Obtain and read the endorsement or judgment, including the correct parties, amount, payment terms, interest and costs. Ask how to obtain a copy if it is not supplied. Record the decision date and any compliance or review deadlines.

A successful party does not automatically recover every dollar spent. Section 29 of the Courts of Justice Act generally limits costs other than disbursements to 15% of the amount claimed or property value, with an exception for unreasonable behaviour. Rule 14 offer consequences and the court’s discretion also matter. Keep receipts and an accurate costs request; do not treat the percentage as a guaranteed award.

If payment is not made, consider lawful enforcement. If you believe the decision is legally wrong or missed the trial, act promptly to assess the correct review route. Disagreement alone does not justify a new trial.

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