If you’re involved in a Small Claims Court case in Ontario, there may be times when you need to ask the court for specific action before the final hearing. This is done by filing a motion—a formal request for the judge to make a decision on an issue before or during the trial.
Filing a motion can help with delays, evidence disputes, requesting extensions, or even dismissing a claim. This guide explains when to file a motion, how the process works, and what to include in your motion documents.
1. What Is a Motion in Small Claims Court?
A motion is a legal request asking the judge to make a ruling on a specific issue before the final hearing.
Common reasons to file a motion:
- Requesting an extension of time to file documents.
- Asking the court to dismiss a claim if it lacks merit.
- Requesting a default judgment if the other party failed to respond.
- Seeking permission to submit late evidence.
- Asking the court to set aside a default judgment.
- Requesting a payment schedule for a judgment.
Not every issue requires a motion—some can be resolved informally. Always consult legal guidance before filing.
For more details, check Understanding Small Claims Court Procedures.
2. When Should You File a Motion?
You should file a motion when you need a judge to make a ruling on a procedural or legal issue before trial or enforcement of a judgment.
Situations where filing a motion may help:You missed a court deadline and need an extension.You want to strike out evidence submitted unfairly.You believe the other party’s claim has no merit and should be dismissed.You need the court to enforce or modify an order.The defendant failed to respond, and you want a default judgment.
Filing a motion early can save time and legal costs by resolving issues before trial.
For legal assistance, contact Carson Frankum.
3. Steps to File a Motion in Small Claims Court
Filing a motion involves preparing documents, serving the other party, and attending a hearing.
Step 1: Complete the Motion Form
- Use Form 15A – Notice of Motion and Supporting Affidavit (available here).
- Clearly state what you are asking the court to do.
- Attach supporting evidence (e.g., contracts, emails, court documents).
Step 2: Serve the Motion on the Other Party
- Deliver a copy of the motion to the opposing party by personal service, email, or mail.
- Keep proof of service (e.g., an Affidavit of Service – Form 8A).
Step 3: File the Motion with the Court
- Submit your motion in person or online at your local Small Claims Court.
- Pay the filing fee (typically $40–$100, depending on the motion).
Step 4: Attend the Motion Hearing
- The court will schedule a hearing where both sides present arguments.
- The judge will either grant, deny, or modify your request.
Missing deadlines or serving documents incorrectly can result in delays or dismissal.
For help preparing your motion, check How to Draft Strong Legal Arguments.
4. What Happens at a Motion Hearing?
At the motion hearing, the judge will review the motion, hear arguments, and make a decision.
What to expect at the hearing:The moving party (you) presents their case first.The opposing party can respond and challenge the motion.The judge may ask questions before making a ruling.A decision is usually given immediately or within a few days.
The judge’s ruling on a motion is final, but it may be appealed in some cases.
For guidance on court hearings, check What to Expect at a Small Claims Trial.
5. What If Your Motion Is Denied?
If the court denies your motion, you may still proceed with your case or explore other legal options.
What you can do if your motion is denied:Refine your arguments and refile (if procedural errors were made).Negotiate a settlement with the other party instead of going to trial.Consider appealing the decision if legal errors were made.Prepare for trial and focus on presenting strong evidence.
Not all motions are appealable. A paralegal can advise you on your best options.
For legal assistance, contact Carson Frankum for advice.
Final Thoughts: Filing a Motion Can Strengthen Your Case
Key Takeaways:
- Motions help resolve key issues before or during Small Claims Court cases.
- You must complete Form 15A and properly serve the other party.
- A motion hearing allows both sides to argue their case before a judge.
- If your motion is denied, you may still proceed to trial or explore settlement options.
Need help with a Small Claims Court motion? Contact Carson Frankum today for legal guidance.
