Calling Witnesses in Ontario Small Claims Court: The Summons to Witness Explained

A witness who saw what happened, or who can speak to a key fact in your case, is often the difference between a claim that succeeds and one the court can't accept on your word alone. But what happens when that person is reluctant to get involved, doesn't want to take time off work, or simply won't show up voluntarily? Ontario's Small Claims Court process has a formal tool for exactly this situation, sometimes referred to informally as a subpoena, but formally as a summons to witness in Small Claims Court in Ontario.

This article explains what it does, when you'd use it, and how to make sure it actually works before your trial date arrives.

Why You'd Need One

Most witnesses cooperate without any formal step being necessary — a friend, a business associate, or someone with an obvious stake in the outcome will often simply agree to attend. A summons to witness becomes important when:

• The witness is reluctant or unresponsive to informal requests
• The witness has no personal stake in your case and needs a formal reason to take time off work
• You want the certainty of a legal obligation rather than relying on a verbal promise
• The witness holds documents or records you need produced at trial, not just their testimony

How the Process Generally Works

1. Identify exactly who you need and why. Be specific about what that witness can testify to and why it matters to your case.
2. Arrange for the summons to be prepared. This is a formal court document, not an informal letter — the court office can guide you on the correct form and process.
3. Have it properly served on the witness. Formal, personal service is typically required — simply telling someone they're summoned isn't enough.
4. Provide for the witness's attendance. Compelling a witness typically involves providing an amount to cover their attendance, along with proper advance notice before the trial date; confirm the current requirements and amounts with the court office, as these details can change.
5. Keep proof it was served. If the witness still doesn't show up, you may need to demonstrate to the court that service was done properly.

What If the Witness Still Doesn't Show Up?

A witness who is properly served with a summons and still fails to attend without a valid excuse can face consequences of their own — this is a formal court order, not a polite request. If this happens, tell the court immediately rather than trying to proceed without the testimony you were counting on; a deputy judge may adjourn the trial or address the situation in another way, depending on how important that testimony is to your case.

Practical Tips Before You Go This Route

• Try the easy way first. A direct, respectful conversation resolves most reluctant-witness situations without needing a formal summons at all.
• Don't wait until the last minute. Formal service and proper notice take time to arrange — leaving it until days before trial risks it not being ready when you need it.
• Confirm the current process with the court office. Requirements, forms, and amounts involved can change, and getting it wrong can mean the summons doesn't count as properly served.
• Think about whether you truly need this witness. If their evidence is marginal, weigh the effort and cost of compelling their attendance against what it actually adds to your case.

Frequently asked questions