Last Updated: , 61 days ago.
In Ontario Small Claims Court, can I amend my Plaintiff’s Claim or Defence after a trial date has already been set?
In Ontario Small Claims Court, pleading amendments are generally allowed up to thirty (30) days before the originally scheduled trial date under O. Reg. 258/98, r. 12.01(3), but if the trial date was previously scheduled then leave is required to amend, and that timing can be affected if the date is adjourned or otherwise changed. For practical guidance on what counts as the “originally scheduled trial date” and whether your specific amendment needs court permission, paralegal and property management support from Mole Legal Services can help you avoid procedural delays and reduce amendment disputes, call (647) 709-5157 today.
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Understanding the Rule Permitting Pleading Amendments Up Until Thirty (30) Days Prior to the Originally Scheduled Trial Date
Unlike cases in the higher court, for cases proceeding within the Small Claims Court, pleading documents, meaning the Plaintiff's Claim or Defence, may be amended up until thirty (30) days prior to the originally scheduled Trial date. With this said, confusion and argument often arises including, among other issues, disputes regarding the meaning of originally scheduled. The likelihood of confusion and disputes may be reduced upon review of the applicable law.
Note: For immediate help, please contact Mole Legal Services by phone at: (647) 709-5157 to retain services or to discuss any specific questions that you may have.
The Law
The Rules of the Small Claims Court, O. Reg. 258/98, prescribe when a pleading may be amended. Specifically, the Rules of the Small Claims Court state:
12.01 (3) Filing and service of the amended document shall take place at least 30 days before the originally scheduled trial date, unless,
(a) the court, on motion, allows a shorter notice period; or
(b) a clerk’s order permitting the amendment is obtained under subrule 11.2.01 (1).
The condition of "originally scheduled trial date" was explicitly referenced within the case of Hradecky v. Hydro One Networks Inc., 2014 CanLII 11543, where it was said:
32. Having carefully considered the matter, it appears to me that this situation should be dealt with in the same way that this court can deal with a claim for damages in excess of the monetary jurisdiction. Rather than simply dismissing the claim for want of jurisdiction, or alternatively transferring it to the Superior Court of Justice, the plaintiff should have an option to “amend down” to come within this court’s jurisdiction: see Lock v. Waterloo (Regional Municipality), [2011] O.J. No. 4989 (Sm. Cl. Ct.), at para. 4-11. However the plaintiff should put a proposed amended pleading before the court, before the court can determine whether leave to amend should be granted. Leave to amend is required under rule 12.01(3) since a trial date has previously been scheduled.
Conclusion
As stated in Rule 12.01(3), parties to a small claims court claim may freely amend a pleading document up until thirty (30) days prior to the originally scheduled trial date and as said in Hradecky, where a trial date was previously scheduled, leave (meaning permission) of the court is necessary. Accordingly, if the original Trial date was adjourned, leave will be required to amend a pleading.
NOTE: A considerable amount of online searches involving “lawyers in my area” or “top lawyer in” frequently indicate a requirement for prompt and competent legal assistance rather than a particular professional designation. In Ontario, certified paralegals are governed by the same Law Society that regulates lawyers and are permitted to represent clients in specific litigation scenarios. Advocacy, legal reasoning, and procedural expertise are fundamental to that function. Mole Legal Services provides legal representation within its licensed boundaries, focusing on strategic planning, evidence preparation, and effective advocacy aimed at securing swift and beneficial outcomes for clients.
