You sued someone in Small Claims Court, or someone sued you. A defence went in. Now an envelope or an email from the court has arrived with a date on it and the words "Notice of Settlement Conference." Attached is a blank form asking you to list your witnesses.

The usual first reaction is some version of "Is this my trial?" It is not. The usual second reaction is "Then can I skip it?" You cannot. This article explains what a settlement conference is, what the court expects you to do before it, what happens on the day, and what comes next. It is written for anyone in an Ontario Small Claims Court case, whether you are the person owed money or the person being asked to pay it.

Everything below comes from Rule 13 of the Rules of the Small Claims Court (O. Reg. 258/98) and a few related rules, together with the Courts of Justice Act and the court's jurisdiction and appeal limit regulation (O. Reg. 626/00). The forms named below are on the Ontario Court Forms page for the Small Claims Court. The Ministry of the Attorney General's guide to getting ready for court covers the same ground and is worth a read.

What a settlement conference is

A settlement conference is a private meeting between the parties and a judge (or a referee) before any trial. Nobody gives evidence. Nobody is cross-examined. The judge does not decide who wins unless everyone consents to that, or a defendant has missed two conferences; both are covered further down. The judge can still make orders about the case, including, with written reasons, dismissing it (r. 13.05(2)).

Rule 13.01(1) says a settlement conference "shall be held in every defended action." In other words, once a defence is filed, the conference is the next major step. The clerk sets the time, date and place and serves a notice of settlement conference on the parties, together with a list of proposed witnesses (Form 13A) for each side to fill in (r. 13.01(2)). The conference is to be held within 90 days after the first defence is filed (r. 13.01(3)).

There is one exception. If the defence admits liability for all of the plaintiff's claim and proposes terms of payment under rule 9.03(1), no settlement conference is required (r. 13.01(4)). That makes sense. If the defendant agrees they owe all of it and only wants to talk about instalments, there is nothing left to narrow down. Disputes about the payment proposal go to a terms of payment hearing instead (r. 9.03(3)).

Why the court holds one

Rule 13.03(1) lists five purposes. They are worth reading closely, because they tell you what the judge will be trying to do with your conference:

  • to resolve or narrow the issues in the action;
  • to expedite the disposition of the action;
  • to encourage settlement of the action;
  • to assist the parties in effective preparation for trial; and
  • to provide full disclosure between the parties of the relevant facts and evidence.

Notice that settlement is only one of the five. Even if your case does not settle, the conference is meant to leave both sides with a clearer picture of what is really in dispute, what each side can prove, and what a trial would look like. A conference that ends without a deal can still be a very useful day.

Who has to take part, and how

Under rule 13.02(1), "a party and the party's representative, if any, shall participate in the settlement conference, unless the court orders otherwise." If you have hired a paralegal or lawyer, that does not excuse you from taking part yourself. The rule names both of you.

Settlement conferences do not always happen in a courtroom. Rule 1.07(1) allows a step that requires the parties to attend to be held in person, by video conference or, for a settlement conference specifically, by telephone conference. If the court directs a method, it must give the parties notice of the direction (r. 1.07(3)). The Ministry's guide says settlement conferences will usually be held by videoconference.

If you need a different method, for example because you are ill or live far from the courthouse, you can ask. You serve and file a request in Form 1B, with your reasons, at least 30 days before the hearing date (r. 1.07(4)). The other side can object in Form 1C within seven days after being served with your request (r. 1.07(5)). The court then decides, considering things like the facilities available, whether a method affects the court's ability to make findings, and whether someone cannot attend a particular way because of infirmity, illness or another reason (r. 1.07(6) and (7)).

Bring your decision-maker, or at least their phone number

This rule is easy to miss. Under rule 13.02(2), a party who needs another person's approval before agreeing to a settlement must arrange, before the conference, to have "ready telephone access" to that person throughout the conference, "whether it takes place during or after regular business hours."

If you are a company, that may mean the owner or a manager with authority. If an insurer or a business partner has to sign off, that person needs to be reachable. A settlement that falls apart because nobody can reach the one person who can say yes is a frustrating way to spend a morning.

The 14-day deadline: disclosure before the conference

This is the part of Rule 13 that matters most in practice. Under rule 13.03(2), at least 14 days before the date of the settlement conference, each party must serve on every other party and file with the court:

  • a copy of any document to be relied on at the trial, including an expert report, that was not attached to the party's claim or defence; and
  • a list of proposed witnesses (Form 13A) and of other persons with knowledge of the matters in dispute in the action.

Read that first bullet again, slowly. The test is "any document to be relied on at the trial." If you think you might want to show the trial judge a document, and it was not already attached to your claim or defence, the safe course is to serve and file it before the settlement conference. Photographs, text messages, emails, repair quotes, an expert's report, a bank statement showing a payment: all of these can fall into this category.

If you are owed money on unpaid invoices, our article on preparing your records for a Small Claims Court case walks through which records matter and how to organize them. That work pays off here.

Counting the 14 days

Rule 3.01 says a period of time is counted by excluding the first day and including the last day. If the last day falls on a holiday, the period ends on the next day that is not a holiday.

The method of service also matters, because service is not always effective on the day you send something. Under the rules, service by mail is deemed effective on the fifth day after mailing (r. 8.07(2)). Service by courier is deemed effective on the fifth day after the courier verifies delivery (r. 8.07.1(2)). Service by email is deemed effective the day the email is sent, or the next day if it is sent between 4 p.m. and midnight (r. 8.08(4)).

So if you mail your documents exactly 14 days before the conference, they arrive, legally speaking, nine days before it. That is late. The practical answer is to serve well before the deadline, keep proof of how and when you served, and not leave this to the weekend before.

The witness list

Form 13A asks for your proposed witnesses and other people with knowledge of the dispute. You do not bring those witnesses to the settlement conference. The Ministry's getting ready for court guide says you should not bring witnesses to the conference, but you should be prepared to explain briefly what each would say at trial.

Think of it as a preview. The guide's own example is a homeowner who, instead of bringing a building inspector, explains what the inspector told them about why the roof leaks. That kind of summary is useful. "I have a witness" is not.

What happens if you do not prepare or do not show up

Rule 13 gives the court real tools when a party does not take the conference seriously.

If a party who received a notice fails to attend, the court may impose "appropriate sanctions, by way of costs or otherwise" and may order an additional settlement conference (r. 13.02(5)). If a defendant misses a first conference, gets notice of an additional one, and misses that too, the court may strike out the defence, dismiss any defendant's claim, and allow the plaintiff to prove their claim, or make another just order (r. 13.02(6)). At an additional conference, the judge can order judgment on that basis (r. 13.05(2)(b)).

Showing up unprepared also has a cost. Under rule 13.02(7), the court may award costs against a person who attends if, in the court's opinion, they are "so inadequately prepared as to frustrate the purposes of the conference," or if they failed to file the disclosure required by rule 13.03(2).

The costs of a settlement conference, other than disbursements, cannot exceed $100 unless the court orders otherwise because of special circumstances (r. 13.10). That is not a fortune, but it is $100 you would rather keep, and a judge who has to order an additional conference because you were not ready is not going to be charmed by it. Separately, rule 19.06 lets the court order a penalty against a party or representative who has unduly complicated or prolonged an action or otherwise acted unreasonably, as provided by section 29 of the Courts of Justice Act.

What happens on the day

The conference itself is less dramatic than most people expect. The Ministry's guide says judges run conferences in different ways, but usually the judge says a few words and then asks each party for a brief summary of its case. It is less formal than a trial. You do not need a script, but the guide suggests a list of the points you want to make.

Rule 13.03(3) says the parties and their representatives "shall openly and frankly discuss the issues involved in the action." That is a requirement, not a suggestion. Arriving with a script and refusing to talk about anything else does not meet it.

It stays in the room

People are often nervous about being frank because they worry it will be used against them at trial. The rules address this in two ways.

First, under rule 13.03(4), except as otherwise provided or with the consent of the parties (Form 13B), "the matters discussed at the settlement conference shall not be disclosed to others until after the action has been disposed of." (There is a narrow exception for a judge's review of the court's audio recording in a complaint about a deputy judge under section 33.1 of the Courts of Justice Act, under rule 13.03(5).)

Second, rule 13.08 says a judge who conducts a settlement conference "shall not preside at the trial of the action." The judge who hears you admit that your photos are a bit blurry will not be the one deciding your trial.

Recommendations, not verdicts

Under rule 13.04, the court may make recommendations to the parties on any matter relating to the conduct of the action, including clarifying and simplifying the issues, eliminating claims or defences that appear to be unsupported, and admitting facts or documents without further proof.

That second item is worth noticing. If part of your claim, or part of your defence, has nothing behind it, the judge may say so. That can sting. It is also better to hear it now than at the end of a trial.

Orders the judge can make

A settlement conference is not only talk. Under rule 13.05(1), a judge conducting the conference "may make any order relating to the conduct of the action that the court could make." Rule 13.05(2) gives examples, including orders:

  • adding or deleting parties;
  • consolidating actions;
  • with written reasons, staying or dismissing the action;
  • amending or striking out a claim or defence under rule 12.02(1);
  • directing production of documents;
  • changing the place of trial under rule 6.01;
  • directing an additional settlement conference; and
  • ordering costs.

If the conference is conducted by a referee rather than a judge, a judge may make those orders on the referee's recommendation (r. 13.05(3)). Within 10 days after the judge signs an order made at a settlement conference, the clerk serves it on all the parties (r. 13.05(5)).

Smaller claims: asking for a final decision at the conference

There is a special option for lower-value cases. Under rule 13.05(4), a judge may order final judgment at a settlement conference where the amount in dispute is "under the appealable limit" and a party files a consent (Form 13B), signed by all parties before or at the conference, saying they want a final determination at the conference if a mediated settlement is not reached.

The appealable limit comes from section 31 of the Courts of Justice Act, which allows an appeal to the Divisional Court from a final Small Claims Court order for the payment of money above the prescribed amount, excluding costs. Section 2 of O. Reg. 626/00 sets that amount at $5,000. The Ministry's guide describes this procedure as available where the claim is for less than $5,000, and notes that if you consent, the judgment is final, you do not attend again for a trial, and you do not pay the trial fee.

The key word is "all." Everyone has to sign the consent. Nobody can force this route on the other side, and you should think carefully before agreeing, because you are giving up a trial. For a modest claim where both sides want it over, though, it can save a lot of time.

If you reach a deal

If the case settles, write the deal down. Rule 14.01.1(3) says the terms of an accepted offer to settle may be set out in terms of settlement (Form 14D). The Ministry's guide suggests filing terms of settlement signed by all parties as soon as possible so the court knows the action has settled.

Good terms of settlement say exactly who pays whom, how much, by when, and what happens if a payment is missed. Vague terms such as "the defendant will pay what's fair over the coming months" are an invitation to a second lawsuit, and nobody wants a sequel.

If a party to an accepted offer to settle fails to comply with its terms, the other party may make a motion to the court for judgment in the terms of the accepted offer, or continue the proceeding as if there had been no offer to settle (r. 14.06). If you end up with a judgment that still goes unpaid, our article on enforcing a Small Claims Court judgment in Ontario explains the collection tools.

Formal offers to settle: a tool that works before and after the conference

A settlement conference is not the only chance to settle. Rule 14 lets any party serve a written offer to settle on any other party at any time (r. 14.01, 14.01.1(1) and 14.02(1)). The forms are an offer to settle (Form 14A), an acceptance (Form 14B) and a notice of withdrawal (Form 14C), though the rules say these forms "may" be used, not that they must be (r. 14.01.1(2)).

A formal offer matters because of costs. If a plaintiff makes an offer that the defendant does not accept, and the plaintiff then gets a judgment as favourable as or more favourable than the offer, the court may award the plaintiff up to twice the costs of the action, other than disbursements, so long as the offer was made at least seven days before trial and was not withdrawn and did not expire before trial (r. 14.07(1); see also r. 14.02(2), which requires service at least seven days before the trial commences). A similar rule protects a defendant whose offer is not accepted and who then sees the plaintiff do no better at trial (r. 14.07(2)). Where an amount is awarded under either subrule to a self-represented party, the court may also award up to $1,500 for inconvenience and expense (r. 14.07(3)).

Two more points. An unaccepted offer, and any related negotiations, must not be mentioned to the trial judge until all questions of liability and relief other than costs are decided (r. 14.04). And remember the overall limit on costs in this court: section 29 of the Courts of Justice Act says a costs award, other than disbursements, shall not exceed 15 per cent of the amount claimed, unless the court considers it necessary to penalize unreasonable behaviour.

If the case does not settle

Plenty of cases do not settle at the first conference, and that is fine. Here is what follows.

The memorandum. At the end of the conference, the court prepares a memorandum summarizing the recommendations made, the issues still in dispute, the matters the parties agreed on, any relevant evidentiary matters, and scheduling information for the remaining steps (r. 13.06(1)). It is filed with the clerk, who gives a copy to the trial judge (r. 13.06(2)). This is why narrowing the issues matters: the agreed points travel forward to trial.

Setting the trial down. At or after the conference, the clerk gives the parties a notice stating that one of them must request a trial date, and pay the fee for setting the action down for trial, if the action is not disposed of within 30 days after the settlement conference (r. 13.07).

A possible trial management conference. Since June 1, 2025, when O. Reg. 3/25 came into force, rule 16.1.01 allows the court, on its own initiative, to direct a trial management conference before a judge at any time after a request to fix a trial date has been filed. Its purposes include assessing readiness for trial, narrowing issues, encouraging settlement and setting the trial date (r. 16.1.02(1)). The same participation and preparation expectations apply (r. 16.1.01(2), (4) and (5)).

No quiet exit once the conference is held. After a settlement conference has been held, a claim against a party who is not in default cannot be withdrawn or discontinued by the party who brought it without the written consent of the party being sued, or leave of the court (r. 13.09). If you are thinking of walking away from a claim, talk to the other side about it.

A hypothetical, to put it together

This example is invented to show how the rules fit together. It is not a real case.

Dana runs a small landscaping business. She sues a homeowner for $7,800 owed on a patio job. The homeowner files a defence saying the stones are uneven and the job is worth much less. The clerk serves a notice of settlement conference, and Form 13A, for a date about two months out.

Dana attached her contract and final invoice to her claim, but not her progress photos, the homeowner's text saying the patio "looks great," or a quote from another contractor she obtained to answer the complaint. Because she might rely on all three at trial, she serves and files them, with her Form 13A listing herself, her crew lead and the other contractor, more than 14 days before the conference. She serves by email, so she does not have to add five days for mail.

The homeowner serves photographs of the patio, and a repair estimate, on time as well. At the conference, which is held by video, the judge points out that both sides have some support for their positions and asks each of them what a trial would really cost in time. Dana's spouse is a co-owner of the business and needs to approve any deal, so Dana has arranged for him to be reachable by phone, as rule 13.02(2) requires.

They settle at $6,500, paid in two instalments, and sign terms of settlement in Form 14D that say what happens if a payment is missed. Nobody loves the number. Nobody has to spend a day at trial.

Change one fact and the story changes. If Dana had brought her photos to the conference without serving them first, the court could award costs against her for failing to file the material rule 13.03(2) requires (r. 13.02(7)). If the homeowner had skipped two conferences, Dana could have asked the judge to strike the defence.

A preparation checklist

  • Read your notice. Note the date, the time and whether the conference is in person, by video or by telephone.
  • Calculate the 14-day disclosure deadline using rule 3.01, and set your own earlier deadline that leaves room for the method of service you will use.
  • Gather every document you might rely on at trial that was not attached to your claim or defence. Serve it on every other party and file it with the court.
  • Complete Form 13A with your proposed witnesses and other people with knowledge of the dispute. Serve and file it on the same timeline.
  • Keep proof of how and when you served everything.
  • Write a one-page summary for yourself: what you say happened, what each document proves, what each witness would say, and the amount you are claiming or disputing and how you got to it.
  • Decide in advance what outcome you could accept, and what you would need to hear to change your mind.
  • If someone else has to approve a settlement, arrange their phone access for the whole conference.
  • If your claim is under $5,000, decide whether you would consent to a final decision at the conference (Form 13B), and talk to the other side about it.
  • If you cannot attend by the method the court set, serve every other party with Form 1B and file it, with proof of service, at least 30 days before the date (r. 1.07(4)).

If you are earlier in the process and still deciding whether a dispute belongs in Small Claims Court, our article on contractor disputes and the $50,000 limit covers what the court can hear and how a claim gets started.

Frequently asked questions

Is the settlement conference my trial?

No. It is a private conference with a judge or referee before trial. Nobody gives evidence, and the judge does not decide the case unless all parties consent in writing to a final decision under rule 13.05(4), or a defendant has missed a first conference and an additional one (r. 13.02(6) and 13.05(2)(b)). The judge can also make orders about the conduct of the case, including, with written reasons, staying or dismissing the action (r. 13.05(2)(a)(iii)).

Do I bring my witnesses to the settlement conference?

Generally no. You list them on Form 13A and serve and file the list at least 14 days before the conference (r. 13.03(2)). The Ministry's guide says not to bring witnesses to the conference, but to be ready to explain briefly what each would say at trial.

Can the judge force me to settle?

No. The judge can recommend, including recommending that unsupported claims or defences be dropped (r. 13.04), and can make procedural orders (r. 13.05). Agreeing to a settlement is still your decision.

Will what I say at the conference be used against me at trial?

Rule 13.03(4) says matters discussed at the settlement conference are not to be disclosed to others until the action is disposed of, except as otherwise provided or with the parties' consent. The settlement conference judge will not preside at your trial (r. 13.08). That is meant to let both sides speak frankly.

I missed the 14-day deadline. What now?

Serve and file the material as soon as you can, and be ready to explain the delay. The court may award costs against a party who fails to file the material required by rule 13.03(2) (r. 13.02(7)). Under rule 3.02, the court may lengthen a time limit on just terms, and a time for serving or filing can be lengthened by filing the consent of the parties. Whether that is appropriate in your case is a question to raise early, not at the door.

Can the conference happen by phone or video?

Yes. Rule 1.07(1) allows a settlement conference in person, by video conference or by telephone conference. The court decides the method and tells the parties. A party who wants a different method serves and files Form 1B at least 30 days before the hearing date (r. 1.07(4)).

If you have a settlement conference coming up and would like someone to look over your claim or defence, your documents and your witness list before the 14-day deadline, you can request a free consultation. A short summary is enough to start, and we reply within 24 to 48 hours. Our Small Claims Court services page describes the claims we handle.

This article is general information about Ontario Small Claims Court procedure and is not legal advice about your situation. The rules change from time to time; check the current Rules of the Small Claims Court before relying on any step.