Ontario Small Claims Court: Procedure, Advocacy Tips, and Modern Practice Issues

Deputy Judges Daniel Mailer and Colin Osterberg provide a practical Ontario Small Claims Court session that combines procedural guidance with candid observations from the bench about how cases are presented and assessed. They discuss the purpose and structure of the Small Claims Court, its role in resolving civil disputes with relative simplicity and limited formality, its monetary jurisdiction, the statutory nature of a deputy judge’s authority, and the limits on the relief the court can grant. The session then turns to early case preparation, with a strong emphasis on identifying the real issues in dispute, drafting clear and concise claims, naming the correct parties, calculating damages properly, including supporting documents, and avoiding substituted service where possible. 

The session also provides detailed guidance on motions, settlement conferences, disclosure, and trials, while repeatedly emphasizing the habits that make advocates more effective and more credible before the court. The speakers address motion materials and affidavits, adjournment requests, default judgment motions, and requests to change the mode of trial. They stress that settlement conferences should be treated as meaningful opportunities both to pursue realistic resolution and to deal with necessary disclosure before trial. In discussing trials, they focus on practical courtroom advocacy, including preparation, punctuality, respectful courtroom conduct, the use of agreed facts where appropriate, the limits on leading evidence, the challenges of cross examination, the importance of listening carefully to answers, and the need to present documents, authorities, and expert evidence in a useful and fair way. They also offer brief cautionary comments on remote proceedings, particularly where credibility is at issue, and on the risks of relying uncritically on AI in legal work. Throughout, the session returns to the themes of judgment, integrity, fairness, and professional reputation, emphasizing that effective Small Claims Court advocacy depends not only on knowing the rules, but on presenting cases with honesty, preparation, and sound professional judgment.