What Happens at an Ontario Small Claims Court Settlement Conference?

A notice has arrived from the Small Claims Court office. A defence has been filed, and the court has set a date for a settlement conference. If you have never been through one, it is natural to wonder whether it is a trial and what you must do before the day.

This guide explains the Ontario Small Claims Court settlement conference in order: what it is for, who must take part, what must be served and filed beforehand, what happens, and what can follow. It is general information about the process, not advice about any particular case.

A few terms first

• Plaintiff: the person or business that started the case by suing.
• Defendant: the person or business being sued.
• Settlement conference: a private, informal meeting of the parties with a judicial officer, held before any trial, to try to resolve or narrow the dispute and prepare the case.
• Deputy judge: a lawyer appointed under section 32 of the Courts of Justice Act to act as a judge of the Small Claims Court.
• Representative: a lawyer, paralegal or other person permitted to represent a party in the case.

Why a settlement conference follows a defended claim

Once a defendant files a defence disputing all or part of a claim, the case does not go straight to trial. Under rule 13.01 of the Rules of the Small Claims Court, O. Reg. 258/98, a settlement conference is held in every defended action. The clerk fixes the time, date and place and serves a notice of settlement conference on the parties, together with a blank List of Proposed Witnesses (Form 13A).

Key date: rule 13.01(3) says the settlement conference shall be held within 90 days after the first defence is filed.

There is one exception. Under rule 13.01(4), the requirement does not apply where the defence admits liability for the whole claim and proposes terms of payment. Our earlier guide on how to file a defence in Small Claims Court explains the defence stage that comes before this one.

What a settlement conference is for

Rule 13.03(1) lists five purposes:

• to resolve or narrow the issues in the action;
• to speed up the disposition of the action;
• to encourage settlement;
• to help the parties prepare effectively for trial; and
• to provide full disclosure between the parties of the relevant facts and evidence.

The Superior Court of Justice's page on settlement conferences and trial management conferences describes the meeting as informal and confidential. The province's guide calls it a less formal procedure than a trial, and witnesses do not attend.

Settlement is encouraged, not required: the court's page says you do not have to settle. The province's guide to getting ready for court adds that agreeing on some issues can make a trial less expensive, easier and quicker.

What is said there stays confidential

Rule 13.03(3) requires the parties and their representatives to discuss the issues "openly and frankly". To support that, rule 13.03(4) says that, except as the rules otherwise provide or with the parties' consent (Form 13B), the matters discussed at the settlement conference shall not be disclosed to others until after the action has been disposed of.

The judge who conducts the settlement conference does not preside at the trial. Rule 13.08 says so directly, and the court's page confirms that a different deputy judge will hear the trial.

Who must take part, and how

Under rule 13.02(1), a party and the party's representative, if any, shall participate in the settlement conference unless the court orders otherwise. The province's guide puts it this way: the parties must attend, and if a party has a representative, the representative may attend as well, but the parties must always be there. Witnesses do not attend.

Some other points from the rules and the guide:

• Authority to settle. Under rule 13.02(2), a party who needs someone else's approval before agreeing to a settlement must arrange to have ready telephone access to that person throughout the conference. The guide gives a company as an example.
• Video, telephone or in person. Rule 1.07(1) allows a settlement conference to be held in person, by video conference or by telephone conference. The guide says they are usually held by videoconference, and members of the public are not allowed.
• Changing the method. Under rule 1.07(4), a party may ask to change the attendance method by serving and filing a Request to Change Attendance Method (Form 1B), with proof of service, at least 30 days before the hearing date.
• If you cannot attend on the date. The guide says to contact the court office about asking for an adjournment. If it is not granted before the date, you or someone on your behalf must attend to ask for it.

Our guide on who can represent you in Small Claims Court explains the representation choices for plaintiffs and defendants.

How to prepare for a Small Claims Court settlement conference

Key date: under rule 13.03(2), at least 14 days before the settlement conference, each party must serve on every other party and file with the court:

• a copy of any document to be relied on at the trial, including an expert report, that was not already attached to that party's claim or defence; and
• a List of Proposed Witnesses (Form 13A), naming proposed witnesses and other people with knowledge of the matters in dispute.

Beyond that filing, the guide recommends getting organized well ahead of the date. Its suggestions include:

• reviewing the claim and the defence closely, noting exactly what you agree and disagree with;
• preparing a worksheet of each fact you need to prove and the evidence for it, such as contracts, invoices, estimates or photographs;
• being ready to explain briefly what each witness would say at trial, since witnesses do not come to the conference; and
• for a defendant who agrees money is owed but cannot pay it all at once, bringing proof of their financial situation and being ready to describe realistic payment terms.

What happens at the conference

According to the guide, judges run settlement conferences in different ways, but usually the judge says a few words and then asks each party for a brief summary of their case. You do not need to write it out in full. A list of the points you want to make is enough.

The court's page says the judge or deputy judge listens to each party, deals with procedural matters, and may give an opinion on how the case would likely be decided at trial. The court's page adds that you may disregard that opinion, but that it should be considered carefully.

The rules give the judge real tools at this stage:

• Recommendations. Under rule 13.04, the court may recommend clarifying and simplifying the issues, dropping claims or defences that appear unsupported, and admitting facts or documents without further proof.
• Orders. Under rule 13.05, the judge may make any order about the conduct of the action that the court could make, such as directing production of documents or ordering costs.

How long does a settlement conference take?

The rules do not set a length for a settlement conference, and neither the court's page nor the guide states one. The notice the clerk serves sets the time. What the rules do fix are the dates around it: within 90 days after the first defence, disclosure at least 14 days before, and the 30-day trial request notice described below.

What can follow the conference

If the case settles

The guide says that if all parties agree on a final settlement, the judge may make an order disposing of the case, and no trial is needed. Parties who settle later, after the conference, can sign and file Terms of Settlement (Form 14D) to tell the court the action has been settled.

If it does not settle

Under rule 13.06, the court prepares a memorandum summarizing the recommendations, the issues still in dispute, the matters agreed on and scheduling of the remaining steps. The clerk gives a copy to the trial judge.

Under rule 13.07, the clerk provides a notice stating that one of the parties must request a trial date, and pay the fee for setting the action down for trial, if the action is not disposed of within 30 days after the settlement conference. The guide warns that failing to set the action down for trial will eventually lead the clerk to dismiss the claim for delay.

Under rules 16.1.01 and 16.1.02, once a trial date is requested, the court may direct a trial management conference to assess trial readiness.

Final judgment at the conference, by consent

Rule 13.05(4) lets a judge order final judgment at the conference if the amount in dispute is under the appealable limit and a party files a Consent (Form 13B), signed by all parties before or at the conference, asking for a final decision if no mediated settlement is reached. The appeal limit is $5,000 under O. Reg. 626/00. The guide notes consenting parties need not return for a trial or pay the trial fee.

If a party does not attend or is not prepared

The rules treat the settlement conference as a required step:

• Under rule 13.02(5), if a party who received notice fails to attend, the court may impose sanctions, by way of costs or otherwise, and order an additional settlement conference.
• Under rule 13.02(6), if a defendant misses a first settlement conference and then misses an additional one after receiving notice, the court may strike out the defence and dismiss the defendant's claim, if any, and allow the plaintiff to prove the claim, or make another order that is just.
• Under rule 13.02(7), the court may award costs against a person who is so inadequately prepared as to frustrate the purposes of the conference, or who fails to file the material required 14 days before.

Help with a Small Claims matter

AI Paralegal Services is a licensed paralegal practice led by Lisa Duchene, a Class P1 paralegal licensed by the Law Society of Ontario. Small Claims Court representation is one of the services we provide across Ontario.

In summary

An Ontario Small Claims Court settlement conference is a private, informal meeting held within 90 days of the first defence, to resolve or narrow the issues and prepare the case. The parties must take part, documents and a witness list are due at least 14 days before, and the discussion stays confidential. If the case does not settle, a party must request a trial date.

If a settlement conference has been scheduled in your Small Claims matter and you would like help understanding and preparing for it, AI Paralegal Services can review the details and dates with you. Contact us to arrange a consultation.

This article is general information about Ontario Small Claims Court procedure as of October 2026. It is not legal advice about your situation, and reading it does not create a paralegal-client relationship. Rules and procedures change, so check the current official sources, and speak with a licensed legal professional about your own matter.