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Litigation

What happens if I miss my Small Claims Court hearing date in Ontario?

TSL Written by the Treadstone Law team· Updated June 2026

Missing a Small Claims Court date can have serious consequences depending on which side you are on and which type of hearing you miss.

If you are the plaintiff and you fail to attend the Settlement Conference or trial without a valid excuse, the court may dismiss your claim. You would then need to bring a motion to restore the claim, and the court has discretion to allow or refuse it depending on the circumstances and whether the defendant was prejudiced.

If you are the defendant and you miss the trial, the court may proceed in your absence and grant judgment against you based only on the plaintiff's evidence. This is not automatically a default judgment in the traditional sense — it is a judgment after trial in your absence, which is harder to set aside than a default judgment for failing to file a Defence.

If you know in advance you cannot attend, you should contact the court as early as possible to request an adjournment. Adjournments are not guaranteed and are granted at the court's discretion, usually only for genuine emergencies or with consent of the other party. Acting promptly and with a legitimate reason gives you the best chance of rescheduling without penalty.

Key takeaways

  • Plaintiffs who miss a hearing risk having their claim dismissed.
  • Defendants who miss trial risk judgment being entered against them in their absence.
  • Contact the court immediately if you cannot attend and request an adjournment.
  • Adjournments are discretionary and are not automatically granted.
This is general information, not legal advice. It doesn’t create a lawyer–client relationship, and the rules can change. For advice on your situation, a Treadstone litigation lawyer can help.
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