Preparing a Settlement Conference Brief for Ontario Small Claims Court

Every defended Small Claims Court case in Ontario goes through a mandatory settlement conference before it can move toward trial, and most parties are expected to come prepared with a written summary of their side of the dispute. A well-organized settlement conference brief for Small Claims Court in Ontario does more than satisfy a paperwork requirement — it forces you to think clearly about your case and gives the deputy judge a fast, accurate picture of what's actually in dispute.

A rushed or vague brief, by contrast, can make a straightforward case look confusing and cost you credibility before the conference even starts.

This article walks through what to include, how to organize it, and mistakes worth avoiding.

Why the Brief Matters

The settlement conference exists to help both sides — with the court's assistance — narrow the issues and explore resolution before committing to a full trial. The deputy judge presiding over your conference is usually seeing your file for the first time, often alongside several others that day. A clear, well-organized brief lets them get up to speed quickly and focus the conversation on what actually matters, rather than spending the limited time available untangling basic facts.

What to Include

1. A Short Statement of the Facts

Summarize, in plain chronological order, what happened. Keep it factual and concise — this isn't the place for arguments or emotional framing, just a clear timeline the other side and the court can follow.

2. The Legal Basis for Your Position

Explain, in plain language, why you believe you're entitled to what you're claiming (or why you're not liable for what's being claimed against you). You don't need to write like a lawyer, but you should be specific: an unpaid invoice, a breached agreement, property damage, or whatever the actual dispute involves.

3. The Amount Claimed and How You Calculated It

If you're the plaintiff, break down exactly how you arrived at the number in your claim. If you're the defendant disputing the amount, explain specifically what you disagree with and why.

4. A List of Your Key Documents

Identify the documents you intend to rely on — contracts, invoices, receipts, photos, correspondence, or anything else central to your case. You generally don't need to attach everything, but the brief should tell the other side and the court what exists and what it shows.

5. Your Settlement Position

Many parties find it useful to include a realistic sense of what resolution would look like for them, even if that's simply "I'm open to discussing an amount less than the full claim." This section is often what actually drives the conversation during the conference itself.

A Simple Structure to Follow

• [ ] Case name, court file number, and date of the conference
• [ ] Short factual summary (a few paragraphs, not pages)
• [ ] Your legal position, explained in plain language
• [ ] The amount in dispute and how it breaks down
• [ ] A list of the documents you'll rely on
• [ ] Your realistic settlement position or range

Keeping the brief short and focused generally serves you better than padding it with every detail of the dispute — the goal is clarity, not exhaustiveness.

Common Mistakes to Avoid

• Writing an argument instead of a summary. Save persuasive framing for trial; the brief works best as a clear, factual roadmap.
• Leaving out the number. A brief that doesn't clearly state the amount claimed or disputed, and why, makes settlement discussion much harder.
• Attaching everything with no explanation. A stack of unexplained documents is less useful than a short list describing what each one shows.
• Skipping the settlement position entirely. Even a general range or condition gives the conference something concrete to work with.
• Submitting it late. Courts typically expect the brief on a set timeline before the conference — leaving it to the last minute risks it not being reviewed properly, or at all.

Frequently asked questions