A Small Claims Court settlement conference in Ottawa is a mandatory, private meeting between the parties and a Deputy Judge aimed at resolving the dispute before trial. While the court does not charge a fee for this conference, hiring a paralegal or lawyer to represent you and negotiate effectively usually costs between $500 and $1,500 CAD.
If you are suing someone or being sued in Ontario for $50,000 CAD or less, your case will proceed through the Small Claims Court. Unlike the dramatic trials seen on television, the Ontario justice system is designed to encourage people to resolve their issues without wasting valuable court time. 🤝 Because of this, every defended lawsuit in Small Claims Court must pass through a mandatory step called a “Settlement Conference.” This is a closed-door meeting designed to help both sides understand the strengths and weaknesses of their case and, ideally, reach a compromise. Attending this conference at the Ottawa Courthouse (or via Zoom) can be intimidating if you do not know what to expect. In this guide, we will walk you through exactly what happens during the conference, how to prepare, and the costs involved.
Step-by-Step Process for a Settlement Conference in Ottawa
The settlement conference is an informal but highly structured meeting. It is completely confidential, meaning nothing discussed during negotiations can be used against you later if the case ultimately goes to a full trial.
Step 1: Receiving the Notice and Preparing
Once the Statement of Defence is officially filed, the Ottawa courthouse clerk will automatically schedule a settlement conference and mail a Notice to both parties. You must prepare a brief containing all the documents you plan to rely on (like contracts, emails, or invoices) and serve it to the other side at least 14 days before the meeting. 📁 Being disorganized at this stage will severely weaken your negotiating position.
Step 2: Meeting with the Deputy Judge
On the scheduled date, you, the other party, and any legal representatives will meet in a small conference room or on a secure Zoom call with a Deputy Judge. A Deputy Judge is an experienced local Ottawa lawyer appointed to handle Small Claims matters. They will not wear a robe, and the meeting is treated as a frank, honest conversation rather than a formal hearing.
Step 3: The Mediation Process
The Deputy Judge will ask both sides to briefly explain their story. Their goal is to play devil’s advocate. They will highlight the flaws in your evidence and remind the other side of the risks of losing at trial. Often, the judge will offer a non-binding opinion on who would likely win if the case went to trial, which frequently motivates stubborn parties to settle.
Step 4: Reaching an Agreement or Proceeding to Trial
If you reach a compromise (for example, agreeing to accept $10,000 instead of the $15,000 you sued for), the judge will draft a formal “Terms of Settlement.” Once signed, the lawsuit is over. If no agreement is reached, the judge will help organize the witness lists and estimate the time needed, and your case will be placed in the queue for a formal trial.
How Much Does it Cost in Ottawa?
The Ontario Small Claims Court is designed to be accessible, so the administrative fees are kept relatively low. However, professional legal representation is where the true costs lie. 💲
- Court Fees: There is absolutely no court fee charged by the Ministry of the Attorney General to attend the mandatory settlement conference.
- Legal Representation: Many individuals hire a licensed paralegal or a civil litigation lawyer for Small Claims Court. Having a professional prepare your document brief and advocate for you at the conference typically costs a block fee ranging from $500 to $1,500 CAD.
- Settlement Payouts: If you are the defendant and agree to settle, you will have to pay the agreed-upon amount to the plaintiff, usually within a specified timeframe (e.g., 30 days) to officially close the matter.
| Expense Type | Is it Mandatory? | Estimated Cost (CAD) |
|---|---|---|
| Court Attendance Fee | No (It is free) | $0 |
| Document Photocopying | Yes (for briefs) | $20 – $50 |
| Paralegal / Lawyer Fee | No, but highly recommended | $500 – $1,500 |
| Trial Listing Fee (if no settlement) | Only if moving to trial | $308 (Infrequent) / $403 (Frequent) |
How Long Does the Process Take?
You will usually receive your Notice of Settlement Conference a few months after the Defence is filed. Due to court backlogs in Ottawa, the conference is typically scheduled 3 to 6 months after the pleadings are closed. ⏱ The actual meeting itself is very fast; the court schedules them in tight blocks, meaning you will usually only have 30 to 45 minutes with the Deputy Judge to argue your case and attempt a settlement.
Frequently Asked Questions (FAQ)
Do I have to accept a settlement if I don’t want to?
Absolutely not. The Deputy Judge is there to mediate and offer opinions, but they cannot force you to accept a settlement. If you believe you have a winning case and the other side is making an unreasonable offer, you have the full legal right to decline and take the matter to a formal trial.
What happens if the other person doesn’t show up?
If you are the plaintiff and the defendant fails to attend the settlement conference without a valid excuse, the Deputy Judge can strike out their Statement of Defence. This means you can immediately ask for a Default Judgment, effectively winning the lawsuit on the spot.
Will the same judge hear my case at the actual trial?
No. Under the Ontario Small Claims Court Rules, the Deputy Judge who presides over your settlement conference is legally barred from presiding over your trial. This rule ensures you can negotiate openly and admit weaknesses without fear that the trial judge will hold it against you later.
Can I bring witnesses to the settlement conference?
No, witnesses are not allowed at a settlement conference. This is not a trial, and no one gives sworn testimony. You should only bring the documentary evidence (like photos or printed emails) that your witnesses would theoretically talk about if the case went to trial.
Leave a Reply