Justice, Streamlined: Major Changes to the Small Claims Process

Ontario Regulation 3/25, enacted under the Courts of Justice Act, introduces several amendments to the Rules of the Small Claims Court with the aim of improving efficiency, fairness, and accessibility. The regulation redefines the primary objective of the rules is to emphasize the importance of securing a just, expeditious, and cost-effective resolution of cases on their merits.
A key amendment pertains to hearing methods, clarifying that steps in proceedings requiring attendance may be conducted in person, via video conference, or by telephone conference under specific circumstances. Written hearings are explicitly exempt from these attendance provisions. The court holds the discretion to direct the method of attendance and may approve requests for changes to attendance methods, considering factors such as technological availability, fairness, and individual accessibility needs. Orders regarding attendance methods must be served on all parties.
The amendments also refine procedures for settlement conferences, trial management conferences, and related proceedings. Settlement conferences now mandate participation from both parties and their representatives unless the court orders otherwise. Moreover, the definition of conference orders is expanded to ensure orders made at settlement or trial management conferences are promptly served via mail or email. The introduction of a trial management conference rule outlines its purposes, including assessing readiness for trial, promoting disclosure, encouraging settlements, and setting trial dates when necessary. The court may issue recommendations and orders regarding trial scheduling, document production, and cost allocations for non-attendance or inadequate preparation. Additionally, trial management conferences are confidential, with restrictions on disclosing discussions unless authorized.
Changes to amendment rights clarify that claims and defenses may be modified by filing amended versions marked accordingly, with all additions underlined and supporting documents attached. Other procedural refinements include revising the terminology regarding costs and disbursements to improve clarity. Notably, the regulation imposes penalties for undue complications or unreasonable conduct during proceedings, reinforcing the court’s authority to maintain efficiency and fairness. Adjustments to trial scheduling require parties to file a request to fix a trial date, with the clerk responsible for serving notices via mail or email. The adjournment process is also updated, stipulating that trials may only be adjourned by court order, subject to terms such as compensation for inconvenience.
Further amendments include revisions to costs and fees, with certain cost caps increased. Specific provisions concerning penalty payments and unreasonable conduct are also addressed, ensuring parties adhere to efficient and fair litigation practices. The regulation modifies various forms, introducing new forms for requesting and objecting to changes in attendance methods and updating existing ones to reflect the revised procedures. These amendments collectively aim to modernize Small Claims Court procedures, streamline case management, and uphold principles of justice and efficiency within the Ontario legal system.
Ontario (3/25) February 1, 2025