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Default Motion Filing Process
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When filing a motion for default in Ontarios Small Claims Court, ensure proper service of documents within six months. If the defendant fails to uphold a settlement, file a motion to enforce it. Clerks review procedural compliance but not case merits. For conflicting legal advice, seek a third opinion or consult the Law Society of Ontario. To request a specific hearing method, file a motion with supporting evidence. If errors occur, amend and refile documents, ensuring proper service and filing affidavits.Full Conversation
Defendant had not filed in court
Thank you for the information. To assist you better, could you clarify whether you want to know the process for obtaining a default judgment, or are you looking for the next steps after the defendant has failed to file in court?
How can small claims court state that plaintiff had faided to serve defendants plaintiff claim
Thank you for the detailed information. It seems like you're trying to understand why a small claims court might state that a plaintiff failed to serve the defendant with a plaintiff's claim.
To clarify and assist you better: Are you looking for the requirements and procedures for properly serving a defendant in Ontario's small claims court?
This will help me provide you with more accurate information.
To clarify and assist you better: Are you looking for the requirements and procedures for properly serving a defendant in Ontario's small claims court?
This will help me provide you with more accurate information.
yes
Thank you for clarifying your question. Here are the general requirements and procedures for properly serving a defendant in Ontario's small claims court:
- **Personal Service**: The claim must be served personally to the defendant or an adult at their residence.
- **Service by Mail**: You can serve the claim by registered mail or courier, ensuring you get a delivery confirmation.
- **Affidavit of Service**: After serving the claim, you must complete and file an Affidavit of Service (Form 8A) with the court to prove service.
If you need more detailed guidance or forms, you can visit the Government of Ontario website or contact your nearest small claims court.
Is there anything else you need help with regarding this process?
- **Personal Service**: The claim must be served personally to the defendant or an adult at their residence.
- **Service by Mail**: You can serve the claim by registered mail or courier, ensuring you get a delivery confirmation.
- **Affidavit of Service**: After serving the claim, you must complete and file an Affidavit of Service (Form 8A) with the court to prove service.
If you need more detailed guidance or forms, you can visit the Government of Ontario website or contact your nearest small claims court.
Is there anything else you need help with regarding this process?
The plaintiff claim was served 6 months earlier and terms of settltment had been signed by both parties .How can court submit this answer
It appears you're seeking to understand how to proceed when the plaintiff's claim was served six months earlier, and the terms of settlement were signed by both parties.
If the defendant has failed to uphold the terms of the settlement, the plaintiff might consider the following steps:
- **File a Motion to Enforce Settlement**: You can file a motion in the small claims court to enforce the settlement agreement.
- **Provide Evidence**: Submit evidence of the signed settlement and proof of service.
Would you like more details on filing the motion to enforce the settlement?
If the defendant has failed to uphold the terms of the settlement, the plaintiff might consider the following steps:
- **File a Motion to Enforce Settlement**: You can file a motion in the small claims court to enforce the settlement agreement.
- **Provide Evidence**: Submit evidence of the signed settlement and proof of service.
Would you like more details on filing the motion to enforce the settlement?
, i had been given advice to start over
Thank you for the detailed background. It seems like you're seeking guidance on how to restart the legal process after previous attempts. Here are some general steps to consider if you need to start over in an Ontario small claims court:
- **Review Past Documentation**: Gather all previous documents, including the claim, terms of settlement, and proof of service.
- **File a New Claim**: If necessary, you may need to file a new claim. Ensure all details are accurate and complete.
- **Serve the Defendant Properly**: Follow the proper procedures to serve the defendant with the new claim.
- **File an Affidavit of Service**: Complete Form 8A to prove the defendant was served.
Would you like more details on any specific step?
- **Review Past Documentation**: Gather all previous documents, including the claim, terms of settlement, and proof of service.
- **File a New Claim**: If necessary, you may need to file a new claim. Ensure all details are accurate and complete.
- **Serve the Defendant Properly**: Follow the proper procedures to serve the defendant with the new claim.
- **File an Affidavit of Service**: Complete Form 8A to prove the defendant was served.
Would you like more details on any specific step?
is their a rule according to this issue in small claims court
To better assist you, could you please clarify whether you are looking for specific rules or guidelines on:
- The process of restarting a claim after a settlement has failed?
- How to properly serve documents to the defendant?
- The procedures for enforcing a settlement in small claims court?
- The process of restarting a claim after a settlement has failed?
- How to properly serve documents to the defendant?
- The procedures for enforcing a settlement in small claims court?
time limit of serving plaintiff claim and six months later stae not served properly rule * in ontario. What is rule or statute .
Thank you for your patience. In Ontario, the relevant rule regarding the time limit for serving a plaintiff's claim in Small Claims Court is Rule * of the Rules of the Small Claims Court. Here are some key points:
- **Time Limit**: A plaintiff’s claim must be served within six months after the date it is issued.
- **Extension**: If service is not completed within six months, the court may dismiss the claim unless an extension is granted.
Would you like more details on how to request an extension or any other aspect of this process?
- **Time Limit**: A plaintiff’s claim must be served within six months after the date it is issued.
- **Extension**: If service is not completed within six months, the court may dismiss the claim unless an extension is granted.
Would you like more details on how to request an extension or any other aspect of this process?
why did the clerks from court not inform plaintiff about receiving help from portal that clerks review.
It seems you are concerned about why court clerks did not inform the plaintiff about receiving help from a portal that clerks review. Court clerks are generally limited to providing procedural information and may not offer advice or guidance on specific legal strategies or external resources.
To better assist you, could you please clarify whether you are seeking information on:
- The responsibilities and limitations of court clerks in Ontario
- The process of seeking legal advice or assistance from external resources
This will help me provide you with more accurate information.
To better assist you, could you please clarify whether you are seeking information on:
- The responsibilities and limitations of court clerks in Ontario
- The process of seeking legal advice or assistance from external resources
This will help me provide you with more accurate information.
how does a plaintiff claim not be reviewed by clerk in small claims court .
Thank you for your detailed question. In Ontario's Small Claims Court, a plaintiff's claim might not be reviewed by the clerk if it does not meet specific procedural requirements. Here are some possible reasons:
- **Incomplete or Incorrect Filing**: The claim form might be incomplete or contain errors.
- **Missing Documents**: Required documents or evidence might be missing.
- **Improper Service**: The defendant might not have been properly served within the stipulated time frame.
Would you like more details on any specific aspect of this process?
- **Incomplete or Incorrect Filing**: The claim form might be incomplete or contain errors.
- **Missing Documents**: Required documents or evidence might be missing.
- **Improper Service**: The defendant might not have been properly served within the stipulated time frame.
Would you like more details on any specific aspect of this process?
does all clerks review case file for every individual
Thank you for your patience. In Ontario's Small Claims Court, clerks typically review case files to ensure they meet procedural requirements. However, they may not review every detail of each case. Here are some key points:
- **Initial Review**: Clerks check for completeness and accuracy of forms.
- **Procedural Compliance**: They ensure service and filing deadlines are met.
- **Limitations**: Clerks do not provide legal advice or review the merits of the case.
Would you like more details on the procedural checks performed by court clerks?
- **Initial Review**: Clerks check for completeness and accuracy of forms.
- **Procedural Compliance**: They ensure service and filing deadlines are met.
- **Limitations**: Clerks do not provide legal advice or review the merits of the case.
Would you like more details on the procedural checks performed by court clerks?
why is there a portal that is not reviewed and one portal that is reviewed in ontatio small claims court ,statute or rule
Thank you for your question. It seems you're inquiring about the different types of portals in Ontario's Small Claims Court and the rules or statutes governing them. To clarify:
- **Reviewed Portal**: Typically used for submitting claims and motions that require a clerk's procedural review.
- **Non-Reviewed Portal**: May be used for informational purposes or preliminary submissions that do not require immediate review.
Would you like more details on the specific rules governing these portals?
- **Reviewed Portal**: Typically used for submitting claims and motions that require a clerk's procedural review.
- **Non-Reviewed Portal**: May be used for informational purposes or preliminary submissions that do not require immediate review.
Would you like more details on the specific rules governing these portals?
yes
Thank you for your patience. Here are the specific rules and guidelines governing the reviewed and non-reviewed portals in Ontario's Small Claims Court:
- **Reviewed Portal**:
- Used for submitting claims, motions, and other documents that require procedural review by court clerks.
- Ensures compliance with procedural rules and deadlines.
- **Non-Reviewed Portal**:
- Typically used for informational purposes or preliminary submissions.
- Does not require immediate review by court clerks.
For more detailed information on these portals and their specific rules, you can visit the Ontario Courts website or contact your nearest small claims court.
Would you like more details on any specific aspect of this process?
- **Reviewed Portal**:
- Used for submitting claims, motions, and other documents that require procedural review by court clerks.
- Ensures compliance with procedural rules and deadlines.
- **Non-Reviewed Portal**:
- Typically used for informational purposes or preliminary submissions.
- Does not require immediate review by court clerks.
For more detailed information on these portals and their specific rules, you can visit the Ontario Courts website or contact your nearest small claims court.
Would you like more details on any specific aspect of this process?
rule or statute when two solicitors give conflicting advice .Client unsure on how to proceed in ontario
Thank you for your patience. When two solicitors give conflicting advice, the client can consider the following steps:
- **Seek a Second Opinion**: Consult another independent solicitor for a third opinion.
- **Review Advice**: Compare the advice with the relevant laws and rules.
- **Law Society of Ontario**: Contact the Law Society of Ontario for general guidance.
Would you like more information on how to find a third solicitor or how to contact the Law Society of Ontario?
- **Seek a Second Opinion**: Consult another independent solicitor for a third opinion.
- **Review Advice**: Compare the advice with the relevant laws and rules.
- **Law Society of Ontario**: Contact the Law Society of Ontario for general guidance.
Would you like more information on how to find a third solicitor or how to contact the Law Society of Ontario?
which advice to take
Thank you for your question. When faced with conflicting legal advice, consider the following steps:
- **Seek a Third Opinion**: An independent solicitor can provide another perspective.
- **Review Advice**: Compare the advice with relevant Ontario laws and rules.
- **Contact the Law Society of Ontario**: They can offer general guidance.
Would you like more information on finding a third solicitor or contacting the Law Society of Ontario?
- **Seek a Third Opinion**: An independent solicitor can provide another perspective.
- **Review Advice**: Compare the advice with relevant Ontario laws and rules.
- **Contact the Law Society of Ontario**: They can offer general guidance.
Would you like more information on finding a third solicitor or contacting the Law Society of Ontario?
according to rules and statutes of court ,leads to little room for opposed advice
Thank you for your patience. When faced with conflicting legal advice, Ontario rules and statutes can guide you. Consider the following steps:
- **Seek a Third Opinion**: An independent solicitor can provide clarity.
- **Compare Advice**: Review advice against Ontario laws and court rules.
- **Contact the Law Society of Ontario**: They offer general guidance and can help resolve uncertainties.
Would you like more information on finding a third solicitor or contacting the Law Society of Ontario?
- **Seek a Third Opinion**: An independent solicitor can provide clarity.
- **Compare Advice**: Review advice against Ontario laws and court rules.
- **Contact the Law Society of Ontario**: They offer general guidance and can help resolve uncertainties.
Would you like more information on finding a third solicitor or contacting the Law Society of Ontario?
how can there be two opposed advice
Thank you for your detailed question. When two solicitors provide conflicting advice, it can be due to different interpretations of the law or varying experiences. Here are some steps to consider:
- **Seek a Third Opinion**: Another solicitor can provide a fresh perspective.
- **Review Legal Documents**: Compare the advice against relevant Ontario statutes and court rules.
- **Consult the Law Society of Ontario**: They offer general guidance and can help resolve conflicting advice.
Would you like more information on finding a third solicitor or contacting the Law Society of Ontario?
- **Seek a Third Opinion**: Another solicitor can provide a fresh perspective.
- **Review Legal Documents**: Compare the advice against relevant Ontario statutes and court rules.
- **Consult the Law Society of Ontario**: They offer general guidance and can help resolve conflicting advice.
Would you like more information on finding a third solicitor or contacting the Law Society of Ontario?
tie breakers is a little sketchy
Thank you for your patience. It seems you are concerned about receiving conflicting legal advice. Here are a few steps to help you navigate this situation:
- **Seek a Third Opinion**: Consult another independent solicitor.
- **Review Legal Documents**: Compare the advice with Ontario laws and court rules.
- **Consult the Law Society of Ontario**: They offer guidance on resolving conflicting advice.
Would you like more information on finding a third solicitor or contacting the Law Society of Ontario?
- **Seek a Third Opinion**: Consult another independent solicitor.
- **Review Legal Documents**: Compare the advice with Ontario laws and court rules.
- **Consult the Law Society of Ontario**: They offer guidance on resolving conflicting advice.
Would you like more information on finding a third solicitor or contacting the Law Society of Ontario?
is there a rule that can be broufght in court related to this
Thank you for your detailed question. When dealing with conflicting legal advice, consider the following:
- **Seek a Third Opinion**: A third solicitor may offer clarity.
- **Review Legal Basis**: Compare each advice against Ontario's laws and court rules.
- **Consult the Law Society of Ontario**: They can provide general guidance and help resolve conflicts.
Would you like more information on finding a third solicitor or contacting the Law Society of Ontario?
- **Seek a Third Opinion**: A third solicitor may offer clarity.
- **Review Legal Basis**: Compare each advice against Ontario's laws and court rules.
- **Consult the Law Society of Ontario**: They can provide general guidance and help resolve conflicts.
Would you like more information on finding a third solicitor or contacting the Law Society of Ontario?
clerk gives advice that plaintiff will need to redo server process a second time as documents were not seen . Filed in court and proof of sendoing
Thank you for providing detailed context. If the clerk advised that the plaintiff needs to redo the service process because documents were not properly seen or filed, consider the following steps:
- **Verify Procedural Compliance**: Ensure all documents were correctly served and filed according to Rule * of the Ontario Small Claims Court.
- **File an Affidavit of Service (Form 8A)**: This proves that the documents were served.
Would you like more information on how to properly serve documents or the steps to refile the affidavit?
- **Verify Procedural Compliance**: Ensure all documents were correctly served and filed according to Rule * of the Ontario Small Claims Court.
- **File an Affidavit of Service (Form 8A)**: This proves that the documents were served.
Would you like more information on how to properly serve documents or the steps to refile the affidavit?
clerk asked for a different hearing method .Plaintiff requested video and clerk suggested writing .Plaintiff unable to be in person and a distance away ,reason for doing this and not familiar with written .
Thank you for your detailed question. It seems you are concerned about the method of the hearing suggested by the clerk. Here are some general points regarding hearing methods in Ontario's Small Claims Court:
- **Video Hearings**: These are often preferred when parties cannot attend in person.
- **Written Hearings**: These may be suggested if the matter can be resolved through written submissions.
Would you like more information on how to request a specific hearing method or the criteria used by the court to decide on hearing methods?
- **Video Hearings**: These are often preferred when parties cannot attend in person.
- **Written Hearings**: These may be suggested if the matter can be resolved through written submissions.
Would you like more information on how to request a specific hearing method or the criteria used by the court to decide on hearing methods?
yes
Thank you for your patience. Here are some steps to request a specific hearing method and the criteria used by the court to decide:
- **Requesting a Hearing Method**:
- **File a Motion**: Submit a motion to the court requesting a video hearing, explaining your reasons (distance, inability to attend in person).
- **Provide Evidence**: Include any relevant documentation supporting your request.
- **Court Criteria**:
- **Convenience**: The court considers the convenience of both parties.
- **Nature of the Case**: The complexity of the case may influence the decision.
- **Technical Capability**: Both parties must have the necessary technology for a video hearing.
Would you like more details on filing a motion or the specific evidence needed for your request?
- **Requesting a Hearing Method**:
- **File a Motion**: Submit a motion to the court requesting a video hearing, explaining your reasons (distance, inability to attend in person).
- **Provide Evidence**: Include any relevant documentation supporting your request.
- **Court Criteria**:
- **Convenience**: The court considers the convenience of both parties.
- **Nature of the Case**: The complexity of the case may influence the decision.
- **Technical Capability**: Both parties must have the necessary technology for a video hearing.
Would you like more details on filing a motion or the specific evidence needed for your request?
yes
Thank you for your patience. Here are more details on how to file a motion for a specific hearing method and the evidence needed:
- **Filing a Motion**:
- **Form 15A**: Complete and file a Notice of Motion and Supporting Affidavit (Form 15A).
- **Motion Date**: Obtain a motion date from the court clerk.
- **Serve Notice**: Serve the notice of motion and supporting affidavit on the other party.
- **Evidence Needed**:
- **Personal Circumstances**: Provide details about why you can't attend in person (e.g., distance, health issues).
- **Technical Capability**: Show that you have the necessary technology for a video hearing.
- **Previous Attempts**: If applicable, include any previous attempts to resolve the issue through other means.
Would you like any specific forms or more detailed guidance on this process?
- **Filing a Motion**:
- **Form 15A**: Complete and file a Notice of Motion and Supporting Affidavit (Form 15A).
- **Motion Date**: Obtain a motion date from the court clerk.
- **Serve Notice**: Serve the notice of motion and supporting affidavit on the other party.
- **Evidence Needed**:
- **Personal Circumstances**: Provide details about why you can't attend in person (e.g., distance, health issues).
- **Technical Capability**: Show that you have the necessary technology for a video hearing.
- **Previous Attempts**: If applicable, include any previous attempts to resolve the issue through other means.
Would you like any specific forms or more detailed guidance on this process?
requesting settlement conference related to at * yr mark
Thank you for your patience. Here are the steps to request a settlement conference related to the *-year mark in Ontario's Small Claims Court:
- **File a Request**: Submit a request for a settlement conference to the court.
- **Form 14A (Request to Clerk)**: Complete and file this form, specifying your request for a settlement conference.
- **Serve Notice**: Serve the notice to the other party involved.
- **Provide Evidence**: Include any relevant documentation supporting the settlement discussions.
Would you like more details on any specific step or form?
- **File a Request**: Submit a request for a settlement conference to the court.
- **Form 14A (Request to Clerk)**: Complete and file this form, specifying your request for a settlement conference.
- **Serve Notice**: Serve the notice to the other party involved.
- **Provide Evidence**: Include any relevant documentation supporting the settlement discussions.
Would you like more details on any specific step or form?
yes
Thank you for your patience. Here are more detailed steps to request a settlement conference in Ontario's Small Claims Court:
*. **Form 14A (Request to Clerk)**:
- Complete and file Form 14A, specifying your request for a settlement conference.
*. **Motion Date**:
- Obtain a motion date from the court clerk for the settlement conference.
Serve Notice: Steps to Request a Settlement Conference:
File a Request:*. **Form 14A (Request to Clerk)**:
- Complete and file Form 14A, specifying your request for a settlement conference.
*. **Motion Date**:
- Obtain a motion date from the court clerk for the settlement conference.
*. **Serve the Other Party**:
- Serve the notice of the settlement conference request and any supporting documentation to the other party.
*. **Relevant Documentation**:
- Include any documents that support the need for a settlement conference, such as correspondence or previous settlement discussions.
Contact Information Syntax Example:
Phone: [Insert relevant phone number]
Address: [Insert relevant address]
Website: [Insert relevant website]
Would you like more details on completing Form 14A or any specific aspect of the settlement conference request process?
Ontario Small Claims Court
Phone: [Insert relevant phone number]
Address: [Insert relevant address]
Website: [Insert relevant website]
Would you like more details on completing Form 14A or any specific aspect of the settlement conference request process?
yes
Thank you for your patience. Here are more detailed steps to complete Form 14A and request a settlement conference:
Steps to Request a Settlement Conference:
*. **Complete Form 14A (Request to Clerk)**:
- **Download Form 14A**: You can find the form on the Ontario Courts website.
- **Fill Out Details**: Provide your name, case number, and details specifying your request for a settlement conference.
- **Reason for Request**: Clearly state why you are requesting a settlement conference, such as approaching the *-year mark.
*. **File the Form**:
- **Submit to Court Clerk**: File the completed Form 14A with the court clerk.
- **Obtain a Motion Date**: The clerk will provide you with a date for the settlement conference.
*. **Serve Notice**:
- **Serve the Other Party**: Serve the notice of the settlement conference request and any supporting documentation to the other party.
- **Proof of Service**: Complete and file an Affidavit of Service (Form 8A) to prove that the other party was notified.
*. **Provide Evidence**:
- **Relevant Documentation**: Include any documents that support the need
*. **Complete Form 14A (Request to Clerk)**:
- **Download Form 14A**: You can find the form on the Ontario Courts website.
- **Fill Out Details**: Provide your name, case number, and details specifying your request for a settlement conference.
- **Reason for Request**: Clearly state why you are requesting a settlement conference, such as approaching the *-year mark.
*. **File the Form**:
- **Submit to Court Clerk**: File the completed Form 14A with the court clerk.
- **Obtain a Motion Date**: The clerk will provide you with a date for the settlement conference.
*. **Serve Notice**:
- **Serve the Other Party**: Serve the notice of the settlement conference request and any supporting documentation to the other party.
- **Proof of Service**: Complete and file an Affidavit of Service (Form 8A) to prove that the other party was notified.
*. **Provide Evidence**:
- **Relevant Documentation**: Include any documents that support the need
clerk had noted that there were no defendants listed as they had not filed
Thank you for providing the detailed context. It seems there might be an issue with the defendant not being listed or not filing in court. Here are some steps you can take:
- **Verify Filing**: Ensure that all required documents, including the plaintiff’s claim, were properly filed and served.
- **Check for Errors**: Review the court records to confirm that the defendant’s information was correctly included.
- **Refiling or Correcting Documents**: If necessary, refile or correct the documents to include the defendant’s information.
Would you like more details on how to correct or refile the documents?
- **Verify Filing**: Ensure that all required documents, including the plaintiff’s claim, were properly filed and served.
- **Check for Errors**: Review the court records to confirm that the defendant’s information was correctly included.
- **Refiling or Correcting Documents**: If necessary, refile or correct the documents to include the defendant’s information.
Would you like more details on how to correct or refile the documents?
yes
Thank you for your patience. Here are the steps to correct or refile documents to ensure the defendant’s information is properly included:
Steps to Correct or Refile Documents:
*. **Review Original Documents**:
- **Check for Errors**: Ensure all details, including the defendant’s information, are accurate in the original documents.
*. **Prepare Corrected Documents**:
- **Amend the Claim**: If errors are found, prepare an amended plaintiff’s claim form with the correct information.
*. **File Amended Documents**:
- **Submit to Court**: File the amended claim with the court clerk.
- **Form 14A (Request to Clerk)**: Complete and file this form if required for amendments.
*. **Serve the Amended Claim**:
- **Proper Service**: Serve the amended claim to the defendant following the proper service procedures.
- **Affidavit of Service (Form 8A)**: File this form to prove the defendant was properly served.
Would you like more details on any specific form or step in this process?
*. **Review Original Documents**:
- **Check for Errors**: Ensure all details, including the defendant’s information, are accurate in the original documents.
*. **Prepare Corrected Documents**:
- **Amend the Claim**: If errors are found, prepare an amended plaintiff’s claim form with the correct information.
*. **File Amended Documents**:
- **Submit to Court**: File the amended claim with the court clerk.
- **Form 14A (Request to Clerk)**: Complete and file this form if required for amendments.
*. **Serve the Amended Claim**:
- **Proper Service**: Serve the amended claim to the defendant following the proper service procedures.
- **Affidavit of Service (Form 8A)**: File this form to prove the defendant was properly served.
Would you like more details on any specific form or step in this process?