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Amending Small Claims Court Pleadings:
Requires Leave of the Court if Within Less Than Thirty (30) Days Prior to Trial
Last Updated: August 23 2026
Question: Can I amend my Small Claims Court claim or defence up to 30 days before the trial date in Ontario?
Answer: Forseti Legal Services paralegals help Ontario litigants understand how the Small Claims Court rule on amending pleadings works, including that you generally must file and serve the amended document at least 30 days before the originally scheduled trial date under O. Reg. 258/98, Rule 12.01(3), unless the court allows a shorter notice period or a clerk’s order is obtained. If the trial date was previously scheduled but later adjourned, you may need the court’s permission to amend, so it’s important to confirm what qualifies as the “originally scheduled trial date” in your situation (for example, Hradecky v. Hydro One Networks Inc., 2014 CanLII 11543). For help mapping your deadlines and next steps, call (705) 806-7577.
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Understanding the Rule Permitting Pleading Amendments Up Until Thirty (30) Days Prior to the Originally Scheduled Trial Date
Unlike cases in the higher court, for cases proceeding within the Small Claims Court, pleading documents, meaning the Plaintiff's Claim or Defence, may be amended up until thirty (30) days prior to the originally scheduled Trial date. With this said, confusion and argument often arises including, among other issues, disputes regarding the meaning of originally scheduled. The likelihood of confusion and disputes may be reduced upon review of the applicable law.
Note: Please contact Forseti Legal Services by phone at: (705) 806-7577 to discuss any specific questions that you may have.
The Law
The Rules of the Small Claims Court, O. Reg. 258/98, prescribe when a pleading may be amended. Specifically, the Rules of the Small Claims Court state:
12.01 (3) Filing and service of the amended document shall take place at least 30 days before the originally scheduled trial date, unless,
(a) the court, on motion, allows a shorter notice period; or
(b) a clerk’s order permitting the amendment is obtained under subrule 11.2.01 (1).
The condition of "originally scheduled trial date" was explicitly referenced within the case of Hradecky v. Hydro One Networks Inc., 2014 CanLII 11543, where it was said:
32. Having carefully considered the matter, it appears to me that this situation should be dealt with in the same way that this court can deal with a claim for damages in excess of the monetary jurisdiction. Rather than simply dismissing the claim for want of jurisdiction, or alternatively transferring it to the Superior Court of Justice, the plaintiff should have an option to “amend down” to come within this court’s jurisdiction: see Lock v. Waterloo (Regional Municipality), [2011] O.J. No. 4989 (Sm. Cl. Ct.), at para. 4-11. However the plaintiff should put a proposed amended pleading before the court, before the court can determine whether leave to amend should be granted. Leave to amend is required under rule 12.01(3) since a trial date has previously been scheduled.
Conclusion
As stated in Rule 12.01(3), parties to a small claims court claim may freely amend a pleading document up until thirty (30) days prior to the originally scheduled trial date and as said in Hradecky, where a trial date was previously scheduled, leave (meaning permission) of the court is necessary. Accordingly, if the original Trial date was adjourned, leave will be required to amend a pleading.
NOTE: A significant number of online searches featuring “lawyers near me” or “best lawyer in” frequently indicate an urgent need for competent legal assistance rather than a particular designation. In Ontario, licensed paralegals are governed by the same Law Society that regulates lawyers and are permitted to represent clients in specified litigation issues. Skills in advocacy, legal reasoning, and procedural knowledge form the core of this position. Forseti Legal Services provides legal representation within its authorized mandate, focusing on tactical positioning, evidence preparation, and effective advocacy aimed at securing efficient and favourable outcomes for clients.