In the London Small Claims Court, it typically takes 9 to 15 months from the day you file your claim until you step into the courtroom for a final trial. A significant portion of this time involves waiting for a mandatory Settlement Conference, which usually occurs 3 to 6 months after the defendant files their formal defence.
Filing a lawsuit in Small Claims Court is meant to be a faster alternative to the Superior Court of Justice, but it is certainly not an overnight process. If you are pursuing an unpaid debt, fighting a contractor, or dealing with a broken contract in London, Ontario, you must have realistic expectations about the legal timeline. The wheels of justice turn slowly, and strict mandatory waiting periods are built into the rules.
The procedural journey at the courthouse on 80 Dundas Street involves several phases where neither party is actively in court. Understanding these distinct steps—from waiting for the initial response to attending mandatory negotiations—will help reduce your frustration and better prepare you for the months ahead.
Step-by-Step Trial Timeline in London, Ontario
Once you pay your filing fee and your Plaintiff’s Claim is officially issued by the court clerk, the clock begins ticking. Every step in the Ontario Small Claims Court is governed by specific statutory deadlines that both you and the defendant must respect.
Step 1: The 20-Day Defence Period
After you successfully hand the legal documents to the defendant, they have exactly 20 days to file a Form 9A: Defence. 📝 If they file a defence, they are officially contesting your claim, and the case moves to the next stage. If the 20 days pass and the court receives no defence, you can ask the clerk to note the defendant in default, which bypasses the trial process and significantly speeds up your ability to collect the money.
Step 2: The Mandatory Settlement Conference
If the claim is defended, you cannot simply demand a trial date. Ontario law requires both parties to attend a Settlement Conference first. Due to court backlogs in London, this meeting is usually scheduled 3 to 6 months after the defence is filed. You will sit down with a judge in a private room to discuss the evidence and attempt to resolve the matter amicably without a full trial.
Step 3: Setting the Final Trial Date
If you cannot reach a compromise at the Settlement Conference, the judge will allow the case to proceed. 🔮 You must formally request a trial date and pay the $308 CAD trial scheduling fee. Depending on the availability of judges in Middlesex County, your actual trial will typically be scheduled for a date that is 6 to 9 months into the future.
How Much Does the Trial Phase Cost?
Waiting for a trial is frustrating, but taking a case all the way to a judge also comes with financial costs. While you can represent yourself, many London residents choose to hire a paralegal or lawyer for the actual trial to ensure evidence is presented properly.
| Expense Type | Estimated Cost (CAD) | Details |
|---|---|---|
| Trial Scheduling Fee | $308 | Mandatory court fee paid to secure your date on the docket. |
| Paralegal Trial Representation | $1,000 – $2,500+ | Average cost to hire a licensed paralegal to conduct the trial for you. |
| Summons to Witness | $31 + Mileage | Fee to legally compel a witness to attend, plus travelling expenses. |
How Long Does the Trial Itself Last?
Once your trial date finally arrives, the actual length of the hearing depends on the complexity of your dispute. A simple unpaid invoice case with no witnesses might be resolved in 2 to 3 hours. However, a complex construction dispute involving multiple contractors and expert witnesses can take one to two full days of court time to complete.
Frequently Asked Questions (FAQ)
Can I speed up the trial process?
Unfortunately, you cannot skip the queue. Court dates are assigned based on availability and the chronological order of requests. The only way to resolve a case faster is to reach a mutual agreement with the defendant during the Settlement Conference.
Do I have to attend the Settlement Conference?
Yes. Attendance is strictly mandatory. If you are the plaintiff and you fail to show up, the judge may dismiss your case entirely. If the defendant fails to show up, the judge can strike their defence and rule in your favour.
What happens if I need to change my trial date?
If you have a serious conflict, you must file a formal motion asking the court for an adjournment. Adjournments are not granted lightly, and if approved, your new trial date could be pushed back by several more months.
Will the judge give me a decision on the same day?
Often, the judge will render an oral decision immediately after hearing closing arguments. However, in complex cases, they may choose to reserve judgment. This means they will review the evidence and mail you a written decision a few weeks later.
If I win the trial, do I get paid immediately?
No. Winning the trial only gives you a Judgment Order. If the defendant refuses to write a cheque, you must take additional legal steps to enforce the judgment, such as garnishing their wages or putting a lien on their property, which takes more time.
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