The Small Claims Settlement Conference in Ontario: What to Expect

You filed a claim in Ontario Small Claims Court — or you've been served as a defendant. Weeks later, a date arrives in the mail: a settlement conference. For many people this step feels mysterious. What actually happens? Do you have to settle? What if the other side won't budge?

This guide answers those questions in plain language. Small Claims Court handles disputes up to $35,000 as of writing (verify the current limit before filing). It is designed to be accessible without a lawyer, but that does not mean preparation is optional — especially at the settlement conference stage.

What Is the Settlement Conference?

The settlement conference is a mandatory step in every defended Small Claims Court action in Ontario. Before any trial can be scheduled, both sides must attend this hearing before a deputy judge.

The conference has three formal purposes:

1. Encourage settlement — the deputy judge will explore whether the dispute can be resolved without a trial.
2. Narrow the issues — even if the case does not settle, the parties identify which facts are genuinely in dispute and which are agreed upon.
3. Prepare the case for trial — the deputy judge can set a timetable, order production of documents, or schedule the trial itself.

Think of it as a structured conversation with a judge in the room. It is not a trial. No final judgment is made at a settlement conference unless both parties consent to one.

Who Attends?

Every party named in the claim and defence must attend in person (or by representative with full authority to settle). That means:

• The plaintiff (the person who filed the claim)
• The defendant (the person who was sued)
• Any third parties added to the action

If a corporation is a party, a knowledgeable officer or employee with signing authority must attend — someone who can actually agree to a settlement on the spot, not just relay messages back to a decision-maker.

Lawyers or licensed paralegals may appear with their clients or on their clients' behalf, but attendance by a representative does not remove the requirement that someone with full authority be present or immediately reachable.

What to Bring: Settlement Conference Checklist

Arriving prepared signals that you are serious and saves everyone's time. Bring the following to every settlement conference:

• [ ] Your pleadings — copies of the claim, defence, and any defendant's claim
• [ ] All supporting documents — contracts, invoices, receipts, photos, text messages, emails
• [ ] A list of your witnesses — names and a one-sentence summary of what each person will say at trial
• [ ] Any expert reports you intend to rely on
• [ ] A written summary of your position — what you claim (or owe), why, and what you want
• [ ] Any offers to settle you have already made or received (in writing, with dates)
• [ ] A completed Offer to Settle form if you plan to make a formal offer at the conference
• [ ] Your calendar — you may be asked to commit to trial dates on the spot

The Rules of the Small Claims Court require parties to file certain documents with the court before the conference. Check the notice you received for specific filing deadlines; courts differ in how strictly they enforce pre-conference filing.

What the Deputy Judge Can Do

The deputy judge presiding at a settlement conference has significant powers. Understanding them helps you use the conference strategically:

• Mediate — assist the parties in reaching a negotiated resolution
• Make procedural orders — require a party to produce specific documents before trial
• Dismiss a claim or defence — if pleadings disclose no reasonable ground for a claim or defence, the deputy judge can strike them
• Give an opinion — the judge may share a candid assessment of the strengths and weaknesses of each side's position; this is not binding, but it is valuable information
• Record an agreement — if the parties settle, the terms can be recorded and signed as a binding consent order
• Schedule the trial — if no settlement is reached, the deputy judge will set a trial date and may give directions on how the trial will run

A deputy judge at a settlement conference cannot make a final judgment on the merits of the claim without the consent of both parties.

What Happens If a Party Does Not Appear?

Non-appearance has serious consequences. If the plaintiff fails to attend without a valid reason, the court may dismiss the claim. If the defendant does not appear, the court may strike the defence and allow the claim to proceed to trial uncontested — or grant judgment on the spot.

If you have a genuine emergency, contact the court as early as possible and be prepared to provide documentation. Judges have discretion, but last-minute no-shows without explanation are treated harshly.

Using the Conference Strategically

Whether your goal is settlement or trial, the settlement conference is a tool — use it deliberately.

If you want to settle

• Come with a realistic number in mind and the authority to agree to it.
• Bring a written Offer to Settle. Formal written offers made under the Rules carry cost consequences if the other side refuses and then does no better at trial.
• Listen to the deputy judge's assessment of your case with an open mind. An unfavourable comment about your evidence is not the judge ruling against you — it is free information about how a trial judge might see the same issue.

If you want to go to trial

• Use the conference to learn exactly what evidence and witnesses the other side intends to present.
• Push for clear procedural orders: what documents must be exchanged, by when, in what format.
• Lock in trial dates that work for your witnesses.
• Make a formal written Offer to Settle anyway — even a firm one. If the other side refuses and you do better at trial, costs can shift in your favour.

Frequently asked questions