4. File your forms and documents with the court
Question & AnswerI’ve been noted in default at Small Claims Court. What can I do?
You must file all your documents with the court at least 3 days before your motion date. This includes:
- your Notice of Motion and Supporting Affidavit
- your exhibits
- Affidavits of Service for each party served
If you can’t file your documents at least 3 days before your motion date, contact the court office and ask what to do next.
Pay a fee
There is a $120 fee to file your Notice of Motion and Supporting Affidavit. If you can’t afford the fee, ask for a fee waiver. If you get a fee waiver, you won’t have to pay court fees.
You can ask for a fee waiver if the combined income of the family members in your house is:
- mainly from Ontario Works, Ontario Disability Support Program, Old Age Security and Guaranteed Income Supplement, Canada Pension Plan, or War Veterans Allowance
- less than the amounts listed in A Guide to Fee Waiver Requests
If you own a house or other , you may not qualify for a fee waiver.
To ask for a waiver, complete a Fee Waiver Request to Registrar, Clerk or Sheriff and give it to the .
If you’re approved for a fee waiver, the court clerk will give you a Fee Waiver Certificate. You must show this certificate whenever a fee is payable. If you don’t, the court staff can’t waive the fee.
If the court clerk doesn’t give you a fee waiver, you can ask the court to consider your request. A judge will look at your situation and decide if you should get a fee waiver. You may get one if the court thinks you have a good reason for not being able to pay your legal fees.