This glossary provides essential definitions to help you navigate Ontario Small Claims Court. Understanding these terms will make the legal process clearer and more manageable, whether you are a plaintiff or defendant.
A
Affidavit – A formal sworn statement of fact, signed by the author, who is called the affiant or deponent, and witnessed as to the authenticity of the affiant’s signature by a taker of oaths, such as a notary public or commissioner of oaths. The name is Medieval Latin for he has declared upon oath.
Affidavit of Service (Form 8A) – A document used to confirm that legal papers have been properly delivered (served) to the other party. An affidavit of service certifies the service of a notice, process, summons, or writ by stating the time and manner in which the document was served.
Appeal – A legal process where a party asks a higher court (Divisional Court) to review a decision made by Small Claims Court. Appeals are limited to legal errors, not just dissatisfaction with the outcome.
Applicant – A person who files a request (motion) with the court.
Application – A legal request for an order from the court, usually filed for specific procedural matters.
C
Claimant – Another term for plaintiff, the person filing a lawsuit in Small Claims Court.
Commissioner for Taking Oaths – A person authorized to witness signatures on sworn documents, such as affidavits.
Counterclaim (Defendant’s Claim – Form 10A) – A claim filed by the defendant against the plaintiff, alleging they owe money or damages.
Court Costs – Fees paid for filing, serving, and enforcing a claim. Some costs may be recoverable if you win the case.
Court Order – A legally binding direction issued by a judge that must be followed by the parties.
Court Registrar – An official responsible for court administration and processing documents.
D
Damages – The amount of money claimed or awarded as compensation for a loss, injury, or breach of contract.
Debtor – A person or business that owes money to another party (often the defendant in a Small Claims case).
Default Judgment – A court decision made in favor of the plaintiff when the defendant fails to file a Defence (Form 9A) within the required time.
Defence (Form 9A) – The response filed by a defendant disputing some or all of the plaintiff’s claim.
Defendant – The person or business being sued in Small Claims Court.
Defendant’s Claim (Form 10A) – A counterclaim made by the defendant against the plaintiff, or a third party, seeking damages or relief.
Disbursements – Out-of-pocket expenses incurred in the lawsuit (e.g., filing fees, service of documents, witness fees).
Dismissal – A court’s decision to end a case without awarding money to either party.
Divisional Court – A higher court where appeals of Small Claims Court decisions are heard.
E
Electronic Filing (E-Filing) – A process where certain Small Claims Court documents can be submitted online instead of in person.
Enforcement – The legal process of forcing a debtor to pay a judgment, including wage garnishment or asset seizure.
Evidence – Documents, witness statements, or other materials used to support a party’s case in court.
Examination of Debtor – A court procedure to determine a debtor’s financial situation if they fail to pay a court-ordered judgment.
Exhibit – A document or item presented as evidence in court.
F
Filing – Submitting a legal document to the court registry.
Filing Fee – A payment required to submit a claim, defence, or other legal documents to Small Claims Court.
Fraudulent Conveyance – When a debtor illegally transfers property to avoid paying a judgment.
G
Garnishment – A court order requiring a third party (e.g., an employer or bank) to withhold money from a debtor to pay a court-ordered debt.
Guides to Small Claims Court Procedures – Official documents published by the Ministry of the Attorney General explaining Small Claims Court rules and processes.
H
Hearing – A court session where a judge reviews evidence and arguments from both parties before making a decision.
Hearsay – Secondhand information presented in court, usually not admissible unless allowed under specific exceptions.
I
Interest – Additional money owed on a judgment, calculated from the date of filing or as ordered by the court.
Interlocutory Motion – A court request for a decision on an issue before the final judgment is made.
Issuing a Claim – The official filing and registration of a Plaintiff’s Claim (Form 7A) in Small Claims Court.
J
Judgment – A court’s final decision on a case.
Judgment Debtor – A defendant who has been ordered by the court to pay a sum of money.
Judgment Creditor – A plaintiff who has won the case and is owed money by the judgment debtor.
Jurisdiction – The legal authority of the Small Claims Court to hear cases involving disputes of $35,000 or less in Ontario.
L
Limitation Period – The legal deadline to file a claim, usually 2 years from the date of the incident or when the plaintiff became aware of the issue.
Litigation – The process of taking legal action in court.
M
Mediation – A voluntary process where a neutral third party helps both sides reach a settlement before trial.
Motion – A request made to the court for a ruling on a specific legal issue in a case. A motion is a procedure of bringing a limited, contested issue before a court for decision. A motion may be thought of as a request to the judge to make a decision about the case. Motions may be made at any point in administrative, criminal or civil proceedings.
O
Offer to Settle – A formal proposal made by one party to resolve the dispute without going to trial.
Order – A judge’s decision that requires a party to take or stop certain actions.
P
Parties – The people or businesses involved in a lawsuit (plaintiff and defendant).
Plaintiff – The person or business filing the lawsuit.
Plaintiff’s Claim (Form 7A) – The official document used to start a lawsuit in Small Claims Court.
Pleadings – The written legal documents filed in a case, including the Plaintiff’s Claim, Defence, and any Counterclaims.
Pre-Trial Conference – A meeting where the judge helps both sides discuss settlement options and procedural issues before trial.
Process Server – A person hired to serve legal documents to another party.
R
Relief Sought – The specific outcome the plaintiff is asking for, such as money owed or compensation for damages.
Respondent – A person who responds to a motion or legal application.
Rules of the Small Claims Court – The procedural guidelines that govern cases in Ontario’s Small Claims Court
S
Service of Documents – The process of officially delivering court documents to another party.
Settlement – An agreement between the parties to resolve the case without a trial.
Settlement Conference – A court-ordered meeting where both sides attempt to settle the dispute before trial
Statute of Limitations – The law that sets the maximum time allowed to file a lawsuit.
Submissions – Legal arguments presented in court.
Summons – A summons is a legal document issued by a court or by an administrative agency of government for various purposes. The summons is addressed to a defendant in a legal proceeding. Typically, the summons will announce to the person to whom it is directed that a legal proceeding has been started against that person, and that a case has been initiated in the issuing court.
T
Trial – The formal court proceeding where both parties present evidence and arguments before a judge makes a decision.
Trial Date – The scheduled day for the case to be heard in Small Claims Court.
W
Wage Garnishment – A court order requiring an employer to deduct money from a debtor’s wages to satisfy a judgment.
Witness – A person who gives evidence in court.
Writ of Execution – A legal order allowing the plaintiff to collect money by seizing the defendant’s property.
This glossary provides definitions of common terms used in Ontario Small Claims Court to help plaintiffs and defendants understand the legal process.
Guides for Small Claims Court Matters
The Ministry of the Attorney General has a series of guides to Small Claims Court procedures which are available at court offices and online.
For more details, visit the Ontario Small Claims Court website