Representing yourself at a London Small Claims Court settlement conference requires thorough preparation and a willingness to negotiate. You must come to the 80 Dundas Street courthouse highly organized, bring three copies of all your evidence, and understand that the judge’s goal is to help both parties find a compromise, not to declare a winner.
Small Claims Court in Ontario is specifically designed to be accessible to everyday citizens. Because the financial limit is capped at $35,000 CAD, it is incredibly common for individuals and small business owners to act as their own legal representation to save on lawyer fees. Before any case can proceed to a formal trial, the provincial rules strictly require both the plaintiff and the defendant to attend a mandatory Settlement Conference.
A Settlement Conference is a private, informal meeting held in a boardroom at the courthouse, rather than a public courtroom. You will sit across the table from the opposing party, with a judge mediating the conversation. The purpose of this meeting is to narrow down the facts you disagree on and explore whether the dispute can be settled amicably without spending further time and money on a trial. Walking into this room prepared is the key to securing a favourable outcome.
Step-by-Step Guide to Representing Yourself in London
Preparation begins weeks before you actually step foot inside the Middlesex County courthouse. Since you are acting as your own representative, you must handle the administrative tasks that a paralegal or lawyer would normally do.
Step 1: Organizing Your Evidence Documents
You cannot simply bring a messy folder of receipts to the conference. 🗂 You must organize every piece of evidence—such as printed emails, text message screenshots, contracts, and photographs—into a logical order. You must physically print three exact copies of your evidence bundle: one for the judge, one to hand to the opposing party, and one for yourself to reference during the meeting. Failing to bring copies will highly frustrate the judge.
Step 2: Preparing a Brief Opening Statement
The judge will have read the Plaintiff’s Claim and the Statement of Defence, but they handle dozens of files a day. Prepare a short, two-minute summary of your position. Speak calmly and stick strictly to the facts. Avoid emotional attacks on the other party’s character, as judges respond best to logic, dates, and clear financial calculations.
Step 3: Engaging in the Negotiation
Once both sides have spoken, the judge will offer their opinion on the strengths and weaknesses of each case. 📈 Listen carefully; this is free legal insight from an experienced professional. The judge may suggest a compromise amount. You should have a clear “bottom line” figure in your head before arriving—the absolute minimum you are willing to accept, or the maximum you are willing to pay, to make the stressful lawsuit disappear today.
Step 4: Drafting the Terms of Settlement
If you successfully reach an agreement, the court clerk or the judge will help you fill out a Terms of Settlement form. This document outlines exactly who is paying what, and by what specific date. Once signed by both parties, this becomes a legally binding court order, and the trial is officially cancelled.
How Much Does the Settlement Phase Cost?
The primary advantage of representing yourself is the significant reduction in costs. However, there are still some minor administrative expenses you should budget for as you approach the conference date.
| Expense Type | Estimated Cost (CAD) | Details |
|---|---|---|
| Conference Attendance Fee | $0 | There is no court fee to attend the mandatory Settlement Conference. |
| Document Printing & Binding | $20 – $50 | Cost to properly print and organize three copies of your evidence. |
| Paralegal Coaching (Optional) | $150 – $300 | Hiring a professional for a one-hour meeting just to review your strategy beforehand. |
| Trial Scheduling Fee | $308 | If you fail to settle, you must pay this government fee to request a final trial date. |
How Long Does the Process Take?
A standard Settlement Conference usually lasts anywhere from 30 to 45 minutes. ⏳ However, you will likely spend several hours waiting in the courthouse hallways for your turn. Due to court backlogs, this conference is typically scheduled 3 to 6 months after the final Statement of Defence is filed.
Frequently Asked Questions (FAQ)
Do I have to accept the settlement offer?
Absolutely not. If the opposing party’s offer is unreasonable, you have the complete legal right to reject it and proceed to a formal trial. The judge cannot force you to settle.
Can what I say in the room be used against me at trial?
No. Settlement Conferences are strictly confidential and held “without prejudice.” If you offer to pay $1,000 to make the problem go away, the other party cannot use that as an admission of guilt if the case goes to trial.
Will the same judge handle my trial?
No. To ensure complete fairness and impartiality, the judge who mediates your Settlement Conference is legally barred from presiding over your future trial.
What happens if the other person does not show up?
Attendance is strictly mandatory. If the other party fails to attend without a valid excuse, the judge can award you legal costs for your wasted time, or in severe cases, strike out their entire claim or defence.
Can I bring a friend or family member for support?
Settlement Conferences are closed to the public. However, if you respectfully ask the judge for permission at the beginning of the meeting, they will often allow a support person to sit in the room silently.
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