The steps below are for Ontario so please check your province before proceeding.
Step 1 - Serve the Plaintiff's Claim. Serve (deliver) a copy of this form, together with copies of all attached supporting documents submitted with your claim, to each defendant. In a court case, everyone involved must receive key documents. See the Guide to Serving Documents for rules about serving a Plaintiff's Claim.
Step 2 - Complete an Affidavit of Service. After serving the defendant with the Plaintiff's Claim, you must let the court know who was served, and when and how it was done, by filling out an Affidavit of Service and signing it in front of a commissioner for taking affidavits, such as:
· a small claims court or ServiceOntario staff member who has been appointed a commissioner for taking affidavits
· a lawyer or paralegal licenced by the Law Society of Upper Canada
· a notary public
If the Plaintiff's Claim has been delivered to more than one defendant, you will need an Affidavit of Service for each defendant served.
Step 3 - File an Affidavit of Service with the court. Scan your signed affidavit, then upload and submit it online.
Step 4 - No Defence filed? Note in default and take next steps. If your claim is for a set amount owing under a contract or agreement and if a defendant doesn't file a Defence within 20 days after the claim was served, you can go online and make a request to note the defendant "in default" and get Default Judgment.
If your claim is not for a set amount owing under a contract or agreement and all defendants fail to file a Defence within 20 days after the claim was served, you can return online to request that each defendant be noted "in default". Then, you can either e-file a request for an assessment hearing before a judge or file a notice of motion for an assessment in writing. See the Guide to Getting Ready for Court and the Guide to Motions and Clerk's Orders for more information. *
Defence filed? If a Defence disputing the claim was filed by a defendant, you will receive a notice from the court called a Notice of Settlement Conference. This contains the date, time and location of your mandatory meeting with the defendant(s) and a judge to discuss the case and try to reach a settlement.
For more information, see the detailed information guides or contact the small claims court at the telephone number listed at the top of your Plaintiff's Claim.