- Every case passes through most of these stages, but the time spent at each one varies significantly by courthouse, region, and how the parties behave along the way.
- Filing is usually the fastest part of the process.
- You are responsible for making sure the defendant is properly served according to the court's rules.
Everyone wants a single number. The honest answer is "it depends" — but the Small Claims Court timeline in Ontario does move through a predictable sequence of stages, and knowing them helps you plan realistically instead of guessing.
This guide walks through each stage in order, what actually happens at each one, and the factors most likely to speed a case up or slow it down.
The Stages of a Small Claims Case, in Order
| Stage | What Happens |
|---|---|
| Filing the claim | You submit a Plaintiff's Claim and pay the filing fee |
| Service | The defendant must be formally served with the claim |
| Defence period | The defendant has a set window (stated on the claim documents) to respond |
| Settlement conference | A mandatory meeting before a judge to try to resolve the case |
| Trial scheduling | If unresolved, the court sets a trial date |
| Trial and decision | The judge hears the case and issues a judgment |
Every case passes through most of these stages, but the time spent at each one varies significantly by courthouse, region, and how the parties behave along the way.
Filing Your Claim
Filing is usually the fastest part of the process. Once you submit your Plaintiff's Claim and pay the applicable fee — as of late 2025, $108 for an infrequent claimant or $228 for a frequent claimant, though figures change and should be verified before you rely on them — the court issues the claim so it can be served.
Serving the Defendant
You are responsible for making sure the defendant is properly served according to the court's rules. How quickly this happens depends entirely on you: a defendant who is easy to locate can be served promptly, while one who is avoiding service, has moved, or is out of the province can add real delay before the case can move forward.
The Defence Period
Once served, the defendant has a specific number of days — set out on the claim itself — to file a defence. If they do not respond in that window, you may be able to move for a default judgment without a full trial, which is often the fastest route to a result. If they do respond, the case continues toward a settlement conference.
The Settlement Conference (Mandatory)
A settlement conference must be held in every defended Small Claims case before it can go to trial. This is a required step, not an optional one, and it is scheduled by the court once a defence is on file. Many cases resolve here — through a negotiated agreement, a payment plan, or a partial settlement — without ever reaching a trial date.
If the case does not settle, the judge presiding over the conference will typically help set the matter on a path toward trial.
Getting to Trial
If a case survives the settlement conference without resolving, it proceeds toward a scheduled trial date. This is usually the stage where timelines vary the most: some courthouses have significant backlogs, and the overall wait between the settlement conference and an actual trial date can be substantial. There is no fixed, province-wide number you can count on — the realistic expectation depends heavily on which courthouse has carriage of your file and how busy its docket is at the time.
What Can Slow a Case Down
Several common factors add real time to a Small Claims case:
- Difficulty locating or serving a defendant
- Multiple defendants who each require separate service
- Adjournment requests, whether granted or contested
- Motions brought before trial (for example, to add a party or compel documents)
- Regional court backlogs that are outside either party's control
- A defendant who actively delays or fails to cooperate
Being organized, responsive, and realistic about what evidence you need well before your settlement conference is one of the few things within your control that genuinely helps keep a case moving.
Frequently asked questions
Is Small Claims Court faster than Superior Court?
Generally, yes — Small Claims Court uses simplified procedures designed to be more accessible and less drawn out than the full Superior Court of Justice process. That said, "faster" is relative, and a contested Small Claims case can still take a meaningful amount of time to reach trial.
Can I do anything to speed up my case?
You can control what is within your power: serving the defendant promptly, filing complete paperwork, showing up prepared to the settlement conference, and responding quickly to court deadlines. You cannot control courthouse backlogs or a defendant who is determined to delay.
Does settling at the settlement conference end the case faster?
Yes. A settlement conference is often the fastest path to a resolved case, since it avoids the wait for a trial date entirely. Many parties reach an agreement there once both sides have a realistic sense of their case.
What happens if the defendant just doesn't respond at all?
If a properly served defendant fails to file a defence in time, you may be able to request a default judgment, which can resolve the case without a trial — though you will generally still need to take steps to enforce that judgment afterward.
This is a litigation question
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