Small Claims Court Settlement Conferences in Ontario

ARTICLE 34 | SMALL CLAIMS COURT

Primary search phrase: Small Claims Court settlement conference Ontario

General public legal education | Ontario focus with Canada-wide context | Not individualized legal advice

A Small Claims Court settlement conference Ontario is an important stage in most defended Ontario Small Claims Court cases. It is designed to help the parties identify what is actually in dispute, exchange relevant information, explore whether the case can be resolved, and prepare efficiently if a trial is still required. This article explains the general process, what participants may encounter, and the difference between discussing settlement and having a judge decide the case.

What Is a Small Claims Court Settlement Conference?

A settlement conference is a court event after a defence has been filed. It is less formal than a trial and is ordinarily used to understand the issues, encourage resolution, and prepare the case if it continues.

Under Ontario’s Rules of the Small Claims Court, a settlement conference is required in every defended action, subject to a specific exception where a defence admits liability for all of the plaintiff’s claim and proposes terms of payment. The clerk fixes the conference and sends the parties a notice.

Small Claims Court Settlement Conference Ontario: Main Purposes

Rule 13 identifies several purposes for a settlement conference. These include resolving or narrowing issues, speeding up the case, encouraging settlement, helping the parties prepare effectively for trial, and promoting full disclosure of relevant facts and evidence.

Even without a full settlement, parties may agree on facts, clarify amounts, identify documents that need no further proof, or narrow the issues for trial.

When Does the Settlement Conference Take Place?

The Rules state that the conference is to be held within 90 days after the first defence is filed. Actual scheduling may vary. The Notice of Settlement Conference provides the applicable date and participation information.

Who Participates?

The current Ontario rule provides that a party and the party’s representative, if any, shall participate unless the court orders otherwise. This wording was updated effective June 1, 2025. A person who needs someone else’s approval before agreeing to a settlement must arrange to have that decision-maker available by telephone throughout the conference.

Ontario’s procedural guide states that conferences will usually be held by videoconference, but the court notice and current directions control. Proposed witnesses do not ordinarily attend the conference.

Preparing Documents and Form 13A

At least 14 days before the settlement conference, each party must generally serve every other party and file with the court a copy of any document the party intends to rely on at trial that was not already attached to the claim or defence. This includes an expert report where applicable.

Each party must also serve and file a List of Proposed Witnesses (Form 13A), identifying proposed witnesses and other people with knowledge of the dispute. Listing someone does not mean that person attends the conference or that the evidence will necessarily be accepted at trial.

What Happens at the Conference?

Settlement conferences are generally more conversational than trials. The judge may ask each side to summarize the dispute, identify important facts and amounts, discuss documents, and explore possible agreement.

The Rules require the parties and their representatives to discuss the issues openly and frankly. The judge may make recommendations about clarifying or simplifying issues, eliminating claims or defences that appear unsupported, or admitting facts or documents without further proof. A recommendation is not the same thing as a final trial judgment.

Is the Settlement Conference Private?

Ontario’s procedural guide describes the settlement conference as a private meeting rather than a public trial. Rule 13 also restricts disclosure of matters discussed at the conference until after the action has been disposed of, except where the Rules otherwise provide or the parties consent using Form 13B. These protections support candid settlement discussion.

Discussing a document at the conference does not necessarily make the document itself confidential. Court records, privilege, privacy law, and specific orders can raise separate questions.

Does the Judge Decide Who Is Right?

The conference is usually not a substitute for trial. The judge may make procedural orders and recommendations, but unresolved disputes generally remain for trial unless the case settles or another rule permits final determination.

There is a limited procedure under Form 13B. Where the amount in dispute is below the appealable limit and all parties sign the required consent before or at the conference, a judge may give final judgment at the settlement conference if a mediated settlement is not reached. Ontario’s prescribed appealable amount is currently $5,000. This specialized procedure should be confirmed against the current Rules before publication or use.

What Orders Can Be Made?

Rule 13 allows a judge to make case-management orders, including adding or deleting parties, directing document production, changing the place of trial, ordering another conference, or awarding costs. In specified circumstances, the court may also stay or dismiss an action or amend or strike a claim or defence.

The conference can therefore have procedural consequences even if the case does not settle.

What If Someone Does Not Participate or Is Unprepared?

A party who fails to attend after receiving notice may face sanctions, including costs, and another conference may be ordered. Repeated non-attendance by a defendant can lead to stronger consequences, including striking the defence in appropriate circumstances.

The court may also award costs where a person is so inadequately prepared that the purposes of the conference are frustrated, or where required settlement-conference material was not filed. Rule 13 places a general $100 limit on settlement-conference costs, excluding disbursements, unless special circumstances justify a different amount.

If the Case Settles

A settlement may resolve all or part of a case. The parties may record terms in writing and may need procedural steps to end or narrow the action.

After a settlement conference has been held, Rule 13 restricts unilateral withdrawal or discontinuance of a claim against a party who is not in default: written consent of the other party or leave of the court is required. People should therefore check the current Rules rather than assuming that a claim can simply be withdrawn in the same way at every stage.

If the Case Does Not Settle

After the conference, the court prepares a memorandum of recommendations, remaining issues, agreements, evidentiary matters, and scheduling information. The trial judge receives it, but the judge who conducted the conference does not preside at trial.

The clerk also provides notice about setting the action down for trial. Under the current Rule 13.07, if the action is not disposed of within 30 days after the settlement conference, one of the parties must request a trial date and pay the applicable fee. In some cases the court may later schedule a trial management conference. Current fees and scheduling practices should be verified when that step is reached.

Offers to Settle and Settlement Conferences

A formal Rule 14 offer to settle is distinct from the conference. Offers, acceptances, and withdrawals are written, and offers generally are not disclosed to the trial judge until liability and relief have been decided. Formal offers can affect costs.

Important Educational Considerations

• A settlement conference is required in most defended Ontario Small Claims Court actions.

• The conference is intended to encourage resolution and trial readiness, not simply to pressure one side to concede.

• Additional relied-on documents and Form 13A generally must be served and filed at least 14 days before the conference.

• The parties and their representatives, if any, are generally required to participate unless the court orders otherwise.

• Discussions are subject to specific non-disclosure rules, but that does not make every document in the lawsuit confidential.

• The judge may make procedural orders, and failure to participate or prepare can have costs or other consequences.

• Ontario procedure should not be presented as the procedure in every province or territory.

General Practical Steps

• Read the Notice of Settlement Conference carefully and confirm the date, participation method, and any court directions.

• Review the claim, defence, any Defendant’s Claim, and documents already served or filed.

• Create a short neutral list of the issues that remain disputed and the amounts connected with them.

• Organize any additional documents and complete Form 13A early enough to meet the 14-day service and filing deadline.

• Keep proof of service and copies of all filed materials.

• Think about which facts may be agreed on without requiring proof at trial and which issues remain genuinely disputed.

• If settlement authority depends on another person, make arrangements for the required access before the conference.

Emotional and Family Impact

Settlement discussions can be stressful because they require people to consider cost, time, risk, and uncertainty. Organized documents and a concise list of issues can reduce practical strain. Personal, community, or mental-health supports may also help where the process is emotionally demanding.

When Professional Assistance May Be Appropriate

A lawyer or licensed paralegal may be helpful with complex issues, disputed settlement terms, confidentiality, formal offers, procedural orders, or uncertainty about an agreement’s consequences and documentation.

How Presumption of Innocence Canada May Help

Presumption of Innocence Canada provides public education and moderated discussion groups about Canadian legal processes. PIC may help explain terminology and court stages. PIC does not recommend settlements, negotiate for parties, predict outcomes, or provide individualized legal strategy.

Frequently Asked Questions

What is a Small Claims Court settlement conference in Ontario?

It is a court event in most defended Small Claims Court cases designed to narrow issues, encourage settlement, promote disclosure, and prepare the action efficiently if a trial is still needed.

When is the settlement conference held?

The Rules state that it is to be held within 90 days after the first defence is filed, although actual scheduling can depend on court administration and the circumstances of the case.

What must be filed before the conference?

At least 14 days before the conference, each party generally must serve and file additional documents intended to be relied on at trial that were not attached to the claim or defence, plus a List of Proposed Witnesses (Form 13A).

Do witnesses attend the settlement conference?

Witnesses do not ordinarily attend merely because they are listed on Form 13A. The list identifies proposed witnesses and other people with knowledge of the dispute if the case proceeds.

Is a Small Claims Court settlement conference private?

Ontario describes the conference as a private meeting, and Rule 13 restricts disclosure of matters discussed there until the action is disposed of, subject to specified exceptions or party consent.

Can a judge force the parties to settle?

The purpose is to encourage settlement and narrow issues, but unresolved disputes ordinarily continue. The judge may make procedural orders, and a special consent procedure can permit final determination of certain lower-value disputes at the conference.

What happens if the case does not settle?

The court prepares a memorandum of the remaining issues and other matters. If the action is not disposed of within 30 days, one party must generally request a trial date and pay the applicable fee. A trial management conference may later be scheduled in some cases.

Can the same judge conduct the trial?

No. Rule 13.08 provides that a judge who conducts the settlement conference in an action shall not preside at the trial of that action.

Conclusion

A Small Claims Court settlement conference Ontario is both a settlement opportunity and an important case-management stage. Parties are expected to disclose required material, identify witnesses, participate meaningfully, and discuss the dispute openly. Even if no full agreement is reached, the conference can narrow issues and prepare the case for the next step. Because rules, forms, fees, and hearing practices can change, current Ontario sources should be checked and a qualified lawyer or licensed paralegal should be consulted for advice about individual circumstances.

Related Educational Resources

• Understanding Small Claims Court

• Starting a Small Claims Court Case

• Defending a Small Claims Court Case

• Evidence in Small Claims Court

• Organizing Your Court Documents in Canada

PIC Editorial Review

Claims requiring source verification:

• Settlement conference requirement and the full-admission/payment-proposal exception.

• Current 90-day timing language after the first defence is filed.

• Current participation rule effective June 1, 2025 and authority-to-settle requirement.

• The 14-day disclosure rule and Form 13A requirements.

• Rule 13 confidentiality restriction and the scope of Form 13B consent.

• Powers to make procedural orders, sanctions for non-participation, and settlement-conference costs.

• Current $5,000 appealable limit and the limited Form 13B final-determination procedure.

• Current 30-day trial-setting step after an unresolved settlement conference.

Suggested authoritative Canadian sources:

• Ontario e-Laws for the Rules of the Small Claims Court and O. Reg. 626/00.

• Ontario Ministry of the Attorney General Small Claims Court procedural guides.

• Ontario Court Services for current prescribed forms, fees, and court notices.

• Law Society of Ontario for lawyer and licensed paralegal referral information.

Final publication checklist:

• Public education framing is maintained and no settlement outcome is recommended.

• Ontario procedure is not presented as universal across Canada.

• Settlement conference is distinguished from trial and final adjudication.

• The 14-day disclosure deadline is stated accurately and not confused with trial evidence deadlines.

• Confidentiality language is limited to what Rule 13 and related law support.

• Form 13B is described as a limited consent procedure, not a normal settlement-conference outcome.

• Failure-to-participate and preparation consequences are described neutrally without predicting sanctions.

• Current forms, fees, scheduling methods, and procedural rules are identified as changeable.

• The primary search phrase appears naturally without keyword stuffing.