- Ontario's Rules of the Small Claims Court require a settlement conference to be held in every defended action before a case can move toward trial.
- Courts generally have discretion in how they respond to a missed conference, and a single, well-explained absence is treated very differently from a pattern of no-shows or an unexplained…
- A deputy judge weighing consequences for a missed settlement conference will typically consider things like: - Whether the absent party gave any advance notice - Whether this is a first…
A settlement conference isn't an optional courtesy in Ontario's Small Claims Court — it's a required step in every defended claim. So when a party misses one, whether by mistake, a scheduling mix-up, or simply forgetting, it's a fair question to ask what actually happens next. If you're worried about what it means to miss a settlement conference in Small Claims Court in Ontario, the honest answer is: it depends on which side you're on, why you missed it, and how the court responds — but none of the possible outcomes are good.
This article explains why the conference is mandatory in the first place, what consequences a court can impose on an absent party, and what to do if you've already missed one.
Why Attendance Is Mandatory in the First Place
Ontario's Rules of the Small Claims Court require a settlement conference to be held in every defended action before a case can move toward trial. It exists to give both sides — with a judicial officer's help — a structured opportunity to narrow the issues, exchange documents, and try to resolve the dispute before either party spends more time and money preparing for a full hearing.
Because attendance isn't discretionary, courts generally take an unexplained absence seriously. The consequences differ depending on whether the missing party is the plaintiff or the defendant.
Possible Consequences, by Role
| If you're the... | A court may... |
|---|---|
| Plaintiff who misses it | Proceed without you, adjourn, or in a serious case dismiss your claim for failing to pursue it |
| Defendant who misses it | Proceed without you, adjourn, or in a serious case strike your defence, which can expose you to judgment against you |
| Either party | Order costs against the absent side to compensate the other for wasted time and expense |
None of these outcomes are automatic. Courts generally have discretion in how they respond to a missed conference, and a single, well-explained absence is treated very differently from a pattern of no-shows or an unexplained failure to engage with the process at all.
Factors That Influence What Happens
A deputy judge weighing consequences for a missed settlement conference will typically consider things like:
- Whether the absent party gave any advance notice
- Whether this is a first missed appearance or part of a repeated pattern
- Whether the other side was ready to proceed and incurred real cost or delay
- Whether there's a credible, documented reason for the absence
- How quickly the absent party raises the issue and asks the court to address it
A party who calls the court in advance, explains a genuine conflict, and asks to reschedule is in a very different position than one who simply doesn't appear and offers no explanation afterward.
What to Do If You've Already Missed One
- Contact the court promptly. Don't wait to see what happens — reach out as soon as you realize you missed the date.
- Find out what was decided in your absence. A conference may have proceeded, been adjourned, or resulted in an order against you.
- Gather your explanation and any supporting proof. Illness, a missed notice, or a genuine conflict all carry more weight when documented.
- Ask about your options. Depending on what happened, you may be able to request a new date or address any costs order.
- Get legal advice if a claim or defence was affected. The stakes rise considerably if your claim was dismissed or your defence struck, and timing on any next step usually matters.
How This Differs From Missing the Trial Itself
Missing the settlement conference and missing the trial are two different problems with different mechanics, though both can be serious. The settlement conference is an earlier, mandatory checkpoint meant to encourage resolution; missing the trial itself — the actual hearing where the case is decided — can lead directly to a judgment being issued against the absent side. Either one is worth avoiding, but neither is necessarily the end of the road if you act quickly and have a genuine explanation.
Frequently asked questions
Will my claim automatically be thrown out if I miss the settlement conference?
Not automatically. Courts have discretion, and a dismissal is a more serious outcome generally reserved for unexplained absences or repeated failures to participate, not a single missed date with a reasonable explanation.
Can I ask to reschedule a settlement conference in advance?
Generally, yes — contacting the court as soon as you know you have a conflict is far better than not appearing and explaining afterward. Courts are typically more accommodating to advance requests than after-the-fact excuses.
What if the other side misses the settlement conference instead of me?
The same general consequences can apply to them — potential costs, a claim dismissal, or a struck defence, depending on their role and the circumstances. Being present and ready yourself puts you in a stronger position either way.
Does missing a settlement conference affect my case even if nothing is formally struck?
It can. Even short of dismissal, a missed conference can delay your matter, cost you money in a costs order, and affect how the court views your credibility and cooperation later in the case.
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