Ontario Small Claims Settlement Conference: How to Prepare
If you filed a Defence to a debt claim in Ontario’s Small Claims Court, a settlement conference is not optional — it is the mandatory next step, scheduled automatically by the court within 90 days of your Defence being filed. It is not a trial, and no witnesses testify, but it is where a deputy judge hears both sides, gives an opinion on how the case would likely go at trial, and pushes both of you toward a resolution. Here is what actually happens, what you need to file beforehand, and how to walk in prepared.
What a settlement conference actually is
A settlement conference is a private, informal meeting between you, the plaintiff, and a deputy judge, governed by Rule 13 of the Rules of the Small Claims Court. Its purpose, as the Superior Court of Justice describes it, is to narrow the issues, make sure both sides have disclosed the relevant facts and evidence, encourage a resolution, and — if the case does not settle — help you both prepare for trial. The deputy judge will listen to your side of the debt (why you dispute the amount, whether you are raising a limitation-period or other defence, what you can actually afford), then give a candid opinion on how a trial would likely turn out. You are never required to accept that opinion or to settle at all, but it is worth weighing seriously — it comes from someone who has seen how these cases actually play out. Conferences are usually held by videoconference; your Notice of Settlement Conference will say how yours is scheduled, and you can ask the court in writing for a different format if you do not have reliable internet or phone access.
What to file before the conference — the 14-day deadline
At least 14 days before your settlement conference, you must serve on the plaintiff (or their lawyer or collection firm) and file with the court a copy of any document you intend to rely on at trial that was not already attached to the Statement of Claim or your Defence — bank statements, correspondence, payment records, whatever supports your side. The same 14-day deadline applies to Form 13A, the List of Proposed Witnesses, even though witnesses do not attend the conference itself. Missing this deadline does not cancel your conference, but it weakens your position going in and can limit what you are later allowed to rely on. If you pleaded a limitation-period defence in your Statement of Defence, the settlement conference is typically where that defence first becomes a live issue the plaintiff has to actually address — bring the dates and any documents that support it.
How to actually prepare
Put your supporting documents in one folder, in date order, with a short index, so you can find anything the judge or the other side asks about in seconds. Know your numbers cold: what you were originally sued for in the Statement of Claim, what you think you actually owe, if anything, and the lowest amount or payment plan you would realistically accept. During the conference, answer the question you are actually asked, say plainly if you do not know something, and let the other side finish before you respond — deputy judges hear a lot of these cases and notice who is being straight with them. Nothing you say at the conference can be used against you later: discussions are confidential and cannot be disclosed at trial unless every party consents in writing.
If it settles, if it does not, and if you skip it
If you and the plaintiff reach an agreement, the deputy judge records it as an Endorsement Record/Order of the Court, the clerk gives you a copy, and the case is over — no trial needed. There is also a faster option worth knowing if the claim against you is relatively small: where the amount in dispute is under the court’s appealable limit — raised to $5,000, from $3,500, effective October 1, 2025 — and every party signs a Form 13B consent, the deputy judge can issue a final, binding decision right at the conference instead of sending the case to trial. If the case does not settle, the deputy judge can order disclosure or other steps to get the case trial-ready, and in some cases a further Trial Management Conference is scheduled first; a different deputy judge, who has not heard your settlement discussions, presides at the actual trial. What you should not do is skip the conference or show up unprepared: the court can order costs against you, reschedule you for another conference, or in some cases strike your Defence and dismiss any Defendant’s Claim you filed — leaving you as exposed to enforcement as if you had never defended the claim at all.
Frequently asked questions
Do I have to settle at the settlement conference? No. You are never required to agree to a settlement. If the case does not settle, it moves toward a Trial Management Conference or trial instead.
Can the plaintiff use what I say at the settlement conference against me at trial? No. Settlement conference discussions are confidential and cannot be disclosed later, including at trial, unless every party has consented in writing.
My claim is small — can this end at the settlement conference instead of going to trial? If the amount in dispute is under the court’s appealable limit (currently $5,000) and every party signs a Form 13B consent, the deputy judge can make a final decision right at the conference, skipping trial entirely.
What happens if I just do not show up? The court can order costs against you, and in some cases can strike your Defence and dismiss your Defendant’s Claim — leaving you facing the same enforcement exposure as if the claim had gone undefended.
Get ready before your conference date
A settlement conference is often the first real conversation about resolving your debt case, and the last stop before trial. Tell us where your case stands, and we will help you get ready for it, or work out whether a stronger defence, a payment arrangement, or something else is the better path forward.
Sources: Rules of the Small Claims Court, O. Reg. 258/98, r. 13 (Settlement Conferences) and r. 16.1 (Trial Management Conferences) · Settlement Conference & Trial Management Conferences, Ontario Superior Court of Justice · Guide to Procedures in Small Claims Court: Getting Ready for Court, Ministry of the Attorney General · Small Claims Court, Ministry of the Attorney General · Form 13B: Consent, Ontario Court Forms · Rules of the Small Claims Court – Amendment to O. Reg. 258/98 (O. Reg. 3/25), Ontario Bar Association · Ontario Small Claims Court Limits Increased to $50,000, practicePRO/LawPRO. General information for Ontario, not legal advice.
General information for Ontario, not legal advice. Reviewed by Angelos Spingos. Last reviewed September 17, 2026.