What Happens at a Small Claims Settlement Conference in Ontario
Nearly every defended Small Claims case in Ontario goes through a mandatory settlement conference before trial — and many cases end there. A plain-English gu...
Frequently Asked Questions
Is a Small Claims settlement conference mandatory in Ontario?
Yes. Under Rule 13 of the Rules of the Small Claims Court, once a Defence is filed the court automatically schedules a settlement conference, usually within about 90 days. Both sides are expected to attend, and it happens before the case can go to trial.
Can the judge force me to settle or order me to pay at the conference?
No. The settlement-conference judge tries to help the parties settle and will often give a frank, non-binding opinion on the case, but cannot decide the merits or order you to pay. Any settlement has to be agreed to — though a candid assessment from the judge often moves cases to a resolution.
Will the same judge hear my trial?
No. The judge who runs your settlement conference will not be the judge at your trial. That separation is deliberate — it lets everyone speak openly about settlement without worrying it will affect the trial.
What do I need to file before a settlement conference?
You must serve and file the documents you intend to rely on at least 14 days before the conference, so the other side and the judge can review them. Bring your key documents, a clear summary of your position, your numbers, and any offers you are prepared to make or consider.
Can a paralegal attend the settlement conference for me?
A licensed paralegal can represent you at the settlement conference and at trial in Small Claims Court for claims up to $50,000. You are still generally expected to attend personally as well, since you may need to give instructions or agree to a settlement.
Contact Legal Assist
Legal Assist Paralegal Services — Licensed by the Law Society of Ontario. Serving London, Ontario and Southwestern Ontario. Call 226-272-5153 or email jeanfrancois@legalassist.london for a free consultation.