If you have filed a claim in the Ontario Small Claims Court and later realize that you need to make changes—whether to correct an error, add more details, or include additional parties—you may be able to amend your claim. While the Rules of the Small Claims Court allow for amendments, the process must be done correctly to ensure the amended claim is accepted and the case proceeds without unnecessary delay. Here is what you need to know about how to amend a claim in Small Claims Court after you file.

Understanding the Rules

In Ontario, Small Claims Court matters are governed by the Rules of the Small Claims Court, which form part of the Courts of Justice Act. Rule 12.01 permits a plaintiff to amend their claim at any time before a defence is filed, without the court’s permission. Once a Defence has been filed, a Plaintiff is permitted to amend the Claim without leave of the Court up to and including 30 days before the scheduled trial date. If the amendment is sought within 30 days of the trial, leave of the Court is required.

If you intend to add additional parties to your Defence or Plaintiff claim after it has been filed, you must do so within the applicable limitation period. Failure to comply with this statutory deadline may result in the Court denying the addition of new parties, which could adversely affect the outcome of your case.

The most common reasons to amend a claim include:

• Correcting typographical or factual errors
• Adding or removing a party (e.g., another defendant or plaintiff)
• Changing the amount claimed
• Clarifying allegations or causes of action

The Process of Amending a Claim

1. Before a Defence is Filed:
If no defence has been filed, you may file an amended claim by preparing a new Plaintiff’s Claim (Form 7A) and marking it clearly as “Amended.” and must underline all the changes. The amended document must then be served on all parties and filed with the court along with an Affidavit of Service (Form 8A).

2. After a Defence is Filed and it’s within 30 days of the trial:
You will need to bring a motion requesting the court’s permission to amend your claim. This involves:

• Preparing a Notice of Motion and Supporting Affidavit (Form 15A)
• Clearly stating the reasons for the amendment and attaching the draft amended claim
• Serving all parties involved
• Filing the documents with the court and paying the applicable fee

The judge will review the motion and consider whether the amendment is necessary and if it would prejudice the other party. In many cases, courts are receptive to reasonable amendments, especially if they are made in good faith and do not cause undue delay or unfairness.

Potential Implications

It is important to understand that when you amend a claim in Small Claims Court, it may restart certain timelines, such as the period within which a defendant must respond. Additionally, improper amendments or failure to follow proper procedure may result in delays, added costs, or even dismissal of part of your claim.

Legal representation or consultation can help you avoid procedural errors and ensure your claim reflects the most accurate and persuasive version of your case.

How MTS Paralegal Services Can Help

At MTS Paralegal Services, we understand the intricacies of Ontario’s Small Claims Court process. Whether you are seeking to amend your claim to include new evidence or to correct an initial oversight, Tim at MTS Paralegal Services is here to assist.

With professional guidance, we ensure your amendments comply with the rules, are served properly, and stand the best chance of being accepted by the court. Trying to amend a claim on your own can be daunting, but with experienced help, you can proceed with confidence.

Don’t navigate the court system alone. Call Tim at MTS Paralegal Services today at (226) 444-4882 for reliable assistance in your Small Claims Court matter. Let us help you correct and strengthen your claim.