In Ontario’s Small Claims Court, both plaintiffs and defendants are expected to participate fully in the legal process. When a defendant fails to attend the scheduled hearing without notifying the court or the opposing party, it can lead to serious legal implications—most notably, a default judgment in favour of the plaintiff.

Understanding the legal consequences and procedural steps that follow a defendant’s absence is essential for both parties. Here’s what happens when the defendant doesn’t show up in Small Claims Court and how MTS Paralegal Services can support your next steps.

The Defendant’s Obligation to Appear

In Ontario, once a plaintiff initiates a claim and the defendant is properly served, the onus is on the defendant to respond by filing a Defence (Form 9A) within 20 days of service. Should the matter proceed to a settlement conference or trial, the court will set a hearing date, and both parties are required to attend.

Failure to appear may be interpreted as a lack of interest or intent to defend the claim, which can significantly weaken the defendant’s legal position.

Consequences of Not Appearing in Court

If the defendant fails to attend the scheduled court date without valid reason or notice, the court may proceed in their absence. This often leads to a default judgment, which means the court accepts the plaintiff’s claim as uncontested.

A default judgment may include:

• The full amount claimed by the plaintiff;
• Pre-judgment and post-judgment interest;
• Reimbursement of court filing fees and legal costs.

It’s important to note that the plaintiff must still prove their claim to the judge’s satisfaction, even in the defendant’s absence. The judge will typically request documentation or testimony to confirm the validity of the claim.

Can the Default Judgment Be Set Aside?

If a default judgment is issued, the defendant may still have recourse—but time is limited. The defendant can bring a motion to set aside the default judgment under Rule 11.06 of the Rules of the Small Claims Court. The court will consider several factors:

• Whether the motion was brought promptly;
• The reason for the defendant’s failure to appear;
• Whether there is a valid defence to the claim.

However, the burden rests on the defendant to justify their absence and prove that their case deserves reconsideration. This is where professional legal guidance becomes crucial.

The Importance of Legal Representation

Whether you are a plaintiff facing an absent defendant or a defendant seeking to set aside a default judgment, proper legal representation can make a significant difference. Ontario’s small claims procedures may seem straightforward, but the nuances of court rules, deadlines, and evidentiary requirements demand professional attention.

Tim at MTS Paralegal Services has the knowledge, experience, and court familiarity to guide you through the process. From preparing legal documents to representing you at hearings, Tim ensures that your interests are fully protected under Ontario law.

If you’re dealing with a small claims matter—especially involving a defendant who fails to show up—call Tim at MTS Paralegal Services today at (226) 444-4882 for a consultation. Whether you are the plaintiff or the absent defendant needing to act quickly, Tim is here to help.