When you file a Small Claims Court matter in Ontario, one of the first questions that comes to mind is how long the process will take. Many people hope for a fast resolution, especially when dealing with unpaid invoices, property damage, contract disputes, or other pressing issues. While Small Claims Court is designed to be more efficient than higher courts, the timeline can still vary widely based on several factors.
At Powell Litigation, we regularly guide clients through the Ontario Small Claims Court process. This blog breaks down typical timelines, what affects how long a case takes, and what you can do to keep your matter moving efficiently.
Typical Timeline for a Small Claims Court Case in Ontario
While no two cases are exactly the same, most matters fall into a general range. A straightforward Small Claims Court case typically takes between eight months and two years from start to finish. The lower end represents cases where both parties comply with deadlines and the court’s schedule is running smoothly. The longer end reflects delays such as busy court calendars, difficulties serving documents, or parties who fail to cooperate.
Understanding each stage of the process can help you better estimate how long your specific matter may take.
1. Filing and Serving the Claim
The process begins when the plaintiff files a Plaintiff’s Claim. Once filed, you must serve the documents on the defendant within six months. In most cases, service can be completed within one to five weeks, depending on how easy or difficult the defendant is to locate.
After being served, the defendant has twenty days to file a Defence. If they do not respond, the plaintiff can request a default judgment. This can speed up the process significantly because the case may resolve in a matter of weeks rather than months. However, most cases proceed with a Defence being filed, and the timeline extends accordingly.
2. Settlement Conference Scheduling
Once the Defence is submitted, the court schedules a settlement conference. This is a mandatory step where parties meet with a deputy judge to discuss the case and explore opportunities to resolve the dispute without trial.
The wait time to receive a settlement conference date varies by region. In some Ontario courthouses, you may wait three to six months. In busier jurisdictions, it could take longer. During this period, the court reviews the documents and prepares the file for the conference.
It is important to prepare thoroughly because a strong showing at the settlement conference can significantly shorten the overall timeline. Often, disputes resolve at this stage when both parties understand the strengths and weaknesses of their positions.
3. After the Settlement Conference
If the case does not settle, the deputy judge may set deadlines for disclosure or additional filings. These deadlines usually fall within thirty to sixty days. Some cases require additional steps such as motions, amendments to pleadings, or expert evidence. Each of these adds to the timeline.
Once all deadlines are met, the court can begin scheduling the trial. This is where the timeline can stretch, as trial availability depends heavily on courthouse workloads.
4. Trial Scheduling
On average, Small Claims Court trials are scheduled six to twelve months after the settlement conference. Shorter trials may be heard sooner, while multi-day matters may be assigned dates farther into the future.
Court availability is typically the biggest factor influencing how long a case takes. High demand, administrative backlogs, and judicial availability all impact scheduling. This is why efficient preparation and cooperation are critical. Courts are more likely to prioritize cases where both parties meet obligations and keep the case moving.
5. Trial and Judgment
The trial itself may last anywhere from a couple of hours to several days, depending on the complexity of the issues and the number of witnesses. After the trial concludes, judges often reserve their decision. In many cases, decisions are released within weeks, but it can also take several months.
Once judgment is delivered, the case is technically resolved, although further time may be required if the losing party does not pay voluntarily and enforcement steps are needed.
Factors That Affect How Long a Small Claims Case Takes
Even though the process generally follows the same structure, several factors influence how fast or slow a case moves. Understanding these can help set realistic expectations and allow you to take proactive steps.
Court Backlogs and Scheduling
Ontario Small Claims Court has experienced significant backlogs in recent years, especially in larger cities. This is one of the most common reasons cases take longer than expected. Courts are working to improve scheduling efficiency, and the Ministry of the Attorney General provides updates on current operations through its public resources. A helpful reference is the Ontario Guide to Small Claims Court, which outlines the overall process and expected procedural steps.
Complexity of the Case
Straightforward contract disputes and unpaid invoices typically move faster than cases involving multiple parties, extensive evidence, or expert testimony. When issues are disputed or unclear, judges often require more time to evaluate the case fully.
Cooperation Between the Parties
Delays often arise when one party fails to meet deadlines, avoids communication, or does not provide required evidence on time. Courts may grant extensions or adjournments in these situations, slowing the process down.
Service Issues
Finding and properly serving a defendant is one of the earliest potential bottlenecks. If the defendant is out of province, out of the country, or difficult to locate, this can add weeks or months to the timeline.
Pre Trial Motions
Certain disputes require motions for clarification, document production, or amendments to the pleadings. These steps, while sometimes necessary, extend the timeline because the motion must be prepared, scheduled, argued, and decided.
How to Speed Up a Small Claims Court Case
While some delays are outside your control, there are several practical steps you can take to help your case proceed as quickly as possible.
Prepare Strong, Organized Evidence
Judges appreciate clear, concise, and well organized evidence. This reduces the need for clarification and helps streamline the process. Gathering contracts, invoices, correspondence, photographs, and witness statements early can save significant time later.
Use Clear Communication
Responding promptly to court notices, meeting deadlines, and communicating with the opposing party respectfully can prevent unnecessary delays. The court expects all parties to act in good faith and move the matter forward.
Work With an Experienced Litigation Lawyer
A lawyer who regularly handles Small Claims Court matters understands how to navigate scheduling, ensure proper service, prepare persuasive evidence, and avoid procedural mistakes that lead to delays. Firms like Powell Litigation support clients through each step and provide strategic advice based on experience with Ontario courts.
Consider Settlement When Appropriate
Many Small Claims Court matters resolve at or shortly after the settlement conference. Settlement can dramatically reduce both the timeline and the cost of litigation. It is important to evaluate the strengths and weaknesses of your case objectively to make informed settlement decisions. Resources such as the Department of Justice’s overview of dispute resolution help explain why early settlement is often beneficial.
When Cases May Take Longer Than Expected
Despite your best efforts, some cases inevitably take longer due to circumstances outside your control. Examples include:
- Court closures or administrative delays
- Matters involving multiple defendants who must each be served separately
- Cases requiring expert evidence or complex financial records
- Parties failing to comply with disclosure obligations
- Delays caused by adjournment requests
Even so, staying proactive and organized will put you in the best position to navigate these issues efficiently.
Internal Resources for Additional Guidance
If you would like to understand more about the Small Claims Court process or specific rules that may affect your case, the following internal resources provide valuable insights:
Guide to Toronto Small Claims Court Rules
Speak With Powell Litigation About Your Small Claims Court Case
Whether you are a plaintiff or a defendant, knowing what to expect from the timeline can help reduce stress and uncertainty. At Powell Litigation, we help clients pursue efficient, strategic, and well prepared actions in Small Claims Court. If you need support navigating deadlines, preparing evidence, or representing your interests at trial, our team is here to help.
Contact us today to discuss your situation and learn how we can assist you in moving your case forward.