For most people, a Small Claims Court trial is their first and only experience inside a courtroom, and the picture in their head usually comes from television. The reality is far less dramatic and far more structured. A Small Claims Court trial in Ontario is a focused, methodical hearing where preparation matters more than performance and organization beats emotion every single time.

MTS Paralegal Services P.C. has represented clients at trials across Kitchener, Waterloo, Cambridge, Guelph, Hamilton, and Southwestern Ontario for over 20 years. This is what actually happens on trial day, step by step.

Before Trial Day Arrives

By the time a trial date is set, the matter has already passed through the earlier stages of the process. The claim was filed and served, a Defence was delivered, and the parties attended the mandatory settlement conference under Rule 13 of the Rules of the Small Claims Court, where a deputy judge explored resolution and gave both sides a candid view of the strengths and weaknesses of their positions. Only matters that do not settle proceed to trial, and Ontario’s June 2025 reforms also introduced trial management conferences to help ensure that cases arriving at trial are organized and ready to run efficiently.

The most important pre-trial obligation involves evidence. Under Rule 18.02 of the Rules of the Small Claims Court, documents and written statements a party intends to rely on must be served on every other party at least 30 days before the trial date. Arriving at trial with evidence the other side has never seen invites objections and risks the material being excluded or given little weight. Preparation done properly in the weeks before trial is what wins the day itself.

Walking In: The Courtroom and the Deputy Judge

Small Claims Court trials in Ontario are heard by deputy judges, who are experienced practising lawyers appointed to preside over Small Claims matters. Hearings are open to the public under the open court principle, and depending on the courthouse and the court’s direction, a trial may proceed in person, by video, or by telephone. Parties should confirm the format on their trial notice well in advance and arrive early regardless of format.

The atmosphere is more accessible than a Superior Court proceeding, but it remains a real court with real rules. Parties address the deputy judge respectfully, speak only when it is their turn, and never interrupt the other side or its witnesses. French-speaking Ontarians have the right to request bilingual proceedings in Small Claims Court. A calm, organized, and respectful presence consistently serves parties better than an emotional one, which is a point Timothy Ellis reinforces with every client before they walk through the courtroom doors.

The Trial Itself: Who Speaks and When

The trial follows a clear sequence. The plaintiff presents first, beginning with a brief opening that gives the deputy judge a roadmap of the case. The plaintiff then testifies under oath or affirmation, introduces documents into evidence, and calls any witnesses. Each witness the plaintiff calls can be cross-examined by the defendant or their representative. Once the plaintiff’s case is complete, the defendant presents in the same manner: testimony, documents, witnesses, each subject to cross-examination by the plaintiff’s side.

After both sides have presented their evidence, each party delivers closing submissions summarizing what the evidence showed and why the law supports their position. Where a Defendant’s Claim was filed in the action, it is heard at the same trial, so the deputy judge resolves every related dispute in one proceeding. Most Small Claims trials are completed within a single day, with straightforward matters often finishing in a few hours.

The Decision and What Comes With It

The deputy judge may deliver judgment immediately at the end of the trial or reserve the decision and release it later in writing. The judgment states who succeeded, the amount awarded, and any costs payable. Costs in Small Claims Court are limited by section 29 of the Courts of Justice Act, which caps representation fee awards at 15% of the amount claimed, with disbursements such as filing and service fees recoverable in addition.

A successful party should understand that winning the judgment and collecting the money are two different things. The court does not collect on behalf of the winner. If the losing party does not pay voluntarily, enforcement steps such as garnishment or examination of the debtor become the next phase of the matter. Planning for that phase before trial ever begins is part of the complete strategy that experienced licensed paralegal representation brings to a file.

Preparation Is the Whole Game

Small Claims trials are won in the weeks before the hearing, not in the hearing itself. The party who knows exactly what facts must be proven, which documents establish each fact, what each witness will say, and how to respond to the other side’s version of events walks in with a decisive advantage. The party who arrives with a disorganized file and an emotional argument almost always leaves disappointed, regardless of how strongly they feel about the dispute.

Timothy Ellis of MTS Paralegal Services P.C. has spent more than two decades preparing and presenting Small Claims trials across Southwestern Ontario, and that courtroom experience shapes every stage of how the firm builds a case. Anyone with a trial approaching, or a dispute heading in that direction, should reach out through the contact page or call (226) 444-4882 well before the hearing date.

When your day in court arrives, walk in ready.

Small Claims Court… It’s What We Do.