When a party initiates or defends an action in Ontario’s Small Claims Court, attendance at scheduled hearings, settlement conferences, or trials is not optional—it is a legal obligation. Each appearance serves a procedural purpose, such as presenting evidence, responding to allegations, or facilitating settlement discussions.

Failing to appear without legitimate reason can lead to serious legal repercussions. The Rules of the Small Claims Court (O. Reg. 258/98) empower judges and deputy judges to proceed in the absence of a party, enter judgments, or dismiss claims outright. Tim at MTS Paralegal Services frequently represents clients who have experienced or risk default outcomes due to non-attendance, ensuring procedural fairness is restored through proper legal steps.

Default Judgments: When a Defendant Fails to Appear

One of the most common consequences of failing to appear as a defendant is the entry of a default judgment. Under Rule 11.01, if a defendant does not file a defence within 20 days of being served or fails to attend court when required, the plaintiff may request a judgment without a hearing.

A default judgment is a legally binding decision granting the plaintiff the relief sought in the claim—often the full monetary amount, plus court costs and interest. Once entered, the judgment can be enforced through wage garnishment, bank seizure, or property liens under the Courts of Justice Act.

Tim at MTS Paralegal Services assists defendants in understanding their rights following a default judgment and, where justified, filing a motion to set aside the judgment under Rule 11.06. This motion requires the defendant to demonstrate a valid reason for failing to appear, a genuine defence to the claim, and prompt action once aware of the judgment.

Dismissal of the Claim: When a Plaintiff Fails to Appear

The consequences of non-attendance also extend to plaintiffs. If the party who filed the claim fails to attend a hearing, settlement conference, or trial, the court may dismiss the action under Rule 17.04. Such dismissal is typically “with costs,” meaning the absent plaintiff may be ordered to compensate the defendant for expenses incurred in preparing for the proceeding.

Once dismissed, a claim can only be reinstated through a formal motion to set aside dismissal, supported by an affidavit explaining the reasons for absence. The plaintiff must also demonstrate that reinstating the claim will not cause unfair prejudice to the other party.

Tim at MTS Paralegal Services represents claimants seeking to restore their cases, ensuring that the motion is filed within the required time and supported by proper evidence and legal argument.

Impact on Enforcement and Credit

Failing to appear in court can have lasting financial and reputational consequences. A judgment entered in default is enforceable immediately unless stayed by the court. The successful party may initiate enforcement proceedings through:

• Wage Garnishment Orders under Rule 20, directing an employer to deduct a portion of the debtor’s income.
• Bank Garnishment Orders, freezing and withdrawing funds from accounts held in the debtor’s name.
• Writs of Seizure and Sale, allowing the sheriff to seize non-exempt property for public auction.

In addition, judgments may be reported to credit bureaus, adversely affecting the debtor’s credit score and ability to secure financing or housing.

Tim at MTS Paralegal Services provides clients with detailed guidance on how to respond promptly to such actions, including motions to stay enforcement pending resolution of the missed appearance.

Legitimate Reasons for Non-Appearance

The court may consider legitimate reasons for failing to appear, such as medical emergencies, lack of notice, clerical errors, or miscommunication about the hearing date. However, merely forgetting or ignoring the court date is not considered a valid excuse.

A motion to set aside a default or dismissal must include an affidavit explaining the reason for absence, demonstrating diligence once the mistake is discovered, and showing that a meritorious claim or defence exists. The court evaluates whether allowing the case to proceed promotes the interests of justice while avoiding prejudice to the opposing party.

Tim at MTS Paralegal Services assists clients in preparing detailed affidavits and ensuring that motions meet the evidentiary and procedural requirements established by the Small Claims Court.

Consequences for Repeat Non-Attendance

Persistent failure to attend scheduled court events can result in more severe measures. The court may impose costs sanctions under Rule 19.05 or dismiss the case permanently for abuse of process. Additionally, if a party repeatedly disregards court orders or fails to participate in settlement discussions, the judge may infer bad faith conduct, influencing cost awards and credibility at trial.

Professional representation significantly reduces the risk of procedural errors or missed appearances. Tim at MTS Paralegal Services ensures clients receive clear communication about hearing dates, document deadlines, and procedural obligations, thereby avoiding costly mistakes.

Best Practices to Avoid Missed Appearances

Parties involved in Small Claims Court proceedings can prevent adverse outcomes by adhering to several best practices:

1. Monitor all court correspondence — Notices of hearings and filings are typically sent by mail or electronic means.
2. Record deadlines and hearing dates — Maintaining an updated calendar avoids scheduling conflicts.
3. File documents on time — Defences, affidavits, and motions must comply with strict filing timelines.
4. Seek representation early — Engaging a licensed paralegal ensures procedural steps are followed correctly.
5. Communicate proactively — If a scheduling conflict or emergency arises, the court should be notified immediately to request an adjournment.

Tim at MTS Paralegal Services advises clients to act promptly at every stage of the process, ensuring compliance with all procedural requirements under the Rules of the Small Claims Court.

Legal Representation from MTS Paralegal Services

Failing to appear in Small Claims Court can lead to serious legal and financial repercussions, including judgments, dismissals, and enforcement proceedings. These outcomes can often be avoided—or reversed—with timely and informed legal action.

Tim at MTS Paralegal Services, located in Kitchener, Ontario, assists clients across the province in addressing missed appearances, setting aside judgments, and protecting their procedural rights. With extensive knowledge of Ontario’s Small Claims Court system, Tim ensures each client’s matter is handled with diligence and professionalism.

If you have missed a court date or received notice of a default judgment, immediate action is essential. Contact Tim at MTS Paralegal Services — Small claims court, it’s what we do. Visit mtsparalegalservices.com for professional assistance.