Last Updated: , 70 days ago.
In Ontario Small Claims Court, can I amend my claim or defence up to 30 days before the trial date if the trial date was already scheduled?
In Small Claims Court in Ontario, the Rules (O. Reg. 258/98) generally allow parties to amend a pleading (plaintiff’s claim or defendant’s defence) up until 30 days before the originally scheduled trial date, with filing and service taking place at least 30 days before that date, unless the court allows a shorter notice or a clerk’s order permits the amendment. If the trial date was previously scheduled, leave (court permission) is required to amend, and if the originally scheduled trial date has changed or been adjourned, that can affect whether leave is needed. For clear next steps tailored to your file, a paralegal at Cross Legal Services can review the amendment timing and wording with you, call (289) 443-0675.
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Understanding the Rule Permitting Pleading Amendments Up Until Thirty (30) Days Prior to the Originally Scheduled Trial Date
Unlike cases in the higher court, for cases proceeding within the Small Claims Court, pleading documents, meaning the Plaintiff's Claim or Defence, may be amended up until thirty (30) days prior to the originally scheduled Trial date. With this said, confusion and argument often arises including, among other issues, disputes regarding the meaning of originally scheduled. The likelihood of confusion and disputes may be reduced upon review of the applicable law.
Note: For immediate help, please contact Cross Legal Services by phone at: (289) 443-0675 to retain services or to discuss any specific questions that you may have.
The Law
The Rules of the Small Claims Court, O. Reg. 258/98, prescribe when a pleading may be amended. Specifically, the Rules of the Small Claims Court state:
12.01 (3) Filing and service of the amended document shall take place at least 30 days before the originally scheduled trial date, unless,
(a) the court, on motion, allows a shorter notice period; or
(b) a clerk’s order permitting the amendment is obtained under subrule 11.2.01 (1).
The condition of "originally scheduled trial date" was explicitly referenced within the case of Hradecky v. Hydro One Networks Inc., 2014 CanLII 11543, where it was said:
32. Having carefully considered the matter, it appears to me that this situation should be dealt with in the same way that this court can deal with a claim for damages in excess of the monetary jurisdiction. Rather than simply dismissing the claim for want of jurisdiction, or alternatively transferring it to the Superior Court of Justice, the plaintiff should have an option to “amend down” to come within this court’s jurisdiction: see Lock v. Waterloo (Regional Municipality), [2011] O.J. No. 4989 (Sm. Cl. Ct.), at para. 4-11. However the plaintiff should put a proposed amended pleading before the court, before the court can determine whether leave to amend should be granted. Leave to amend is required under rule 12.01(3) since a trial date has previously been scheduled.
Conclusion
As stated in Rule 12.01(3), parties to a small claims court claim may freely amend a pleading document up until thirty (30) days prior to the originally scheduled trial date and as said in Hradecky, where a trial date was previously scheduled, leave (meaning permission) of the court is necessary. Accordingly, if the original Trial date was adjourned, leave will be required to amend a pleading.
NOTE: A significant quantity of online queries pertaining to “lawyers near me” or “best lawyer in” frequently indicate a necessity for prompt and competent legal assistance rather than a particular job title. In Ontario, “licensed paralegals” are governed by the same Law Society that regulates lawyers and are permitted to represent clients in specific litigation issues. Skills in advocacy, legal assessment, and procedural expertise are fundamental to that function. Cross Legal Services provides legal representation within its licensed scope, focusing on strategic positioning, evidence preparation, and compelling advocacy aimed at achieving efficient and favourable outcomes for clients.
