Setting Aside a Default Judgment in Ontario Small Claims Court

Finding out that a judgment has already been entered against you — before you ever had a chance to tell your side — is unsettling. It also isn't necessarily the end of the road. Ontario's Small Claims Court process allows a defendant to bring a motion to set aside a default judgment small claims court ontario decision in the right circumstances, effectively asking the court to reopen the case.

It's not automatic, and it's not guaranteed. Here's how the process generally works and what courts tend to look for.

What "Setting Aside" a Default Judgment Means

Setting aside is different from an appeal. An appeal asks a higher court to review whether the original decision was legally correct. Setting aside asks the same court that entered the default judgment to cancel it and let the case proceed normally — with both sides heard — because the defendant never actually had a fair opportunity to respond.

What the Court Generally Wants to See

There's no single rigid checklist written into legislation, but courts hearing these motions commonly consider factors such as:

• Whether you have a reasonable explanation for missing the original deadline (illness, never being served properly, genuine confusion about the process — versus simply ignoring the claim)
• Whether you have an arguable defence on the merits — some real basis to dispute the claim, not just a wish to delay
• Whether you acted promptly once you learned about the default judgment, rather than sitting on it
• Whether setting it aside would cause the plaintiff unfair prejudice they couldn't otherwise be compensated for

Weaker explanations and long delays make these motions harder to win; genuine mix-ups addressed quickly tend to fare better.

Step-by-Step: Bringing a Motion to Set Aside

1. Confirm judgment has actually been entered, not just that you've been noted in default — the two are different stages, and the second is more serious.
2. Gather your explanation and evidence for why you missed the original deadline, along with anything supporting a genuine defence to the claim.
3. Prepare and file a notice of motion with the Small Claims Court, along with any supporting documents (often called an affidavit) explaining your side.
4. Serve the plaintiff with your motion materials so they have a chance to respond.
5. Attend the motion hearing, where a judge or deputy judge decides whether to set the judgment aside — sometimes on terms, such as paying costs or a portion of the claim.
6. If successful, the case generally proceeds as though the default never happened, including a normal defence and settlement conference.

What It Costs to Bring the Motion

Small Claims Court charges a modest fee to file a notice of motion — as of mid-2026 that fee is roughly $127, though court fees are adjusted periodically, so verify the current amount before you file. There may also be a cost order either way, since the losing side on a motion can be asked to contribute to the other's expenses.

What Happens If the Motion Succeeds — or Fails

If the court sets the judgment aside, your case effectively restarts from the point where a defence should have been filed, and any enforcement steps already taken (like garnishment) may need to be addressed as part of the same process. If the motion fails, the original default judgment stands and remains enforceable against you.

Acting Quickly Matters

There's no single fixed deadline that applies to every case, but courts generally expect a defendant to bring this kind of motion promptly after learning about the judgment — not months later, after enforcement has already started. If you've just discovered a default judgment against you, treat the timeline as urgent.

Frequently asked questions