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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: July 02 2026
Question: Can a Small Claims Court (Ontario) paralegal amend my Claim or Defence after my trial has already been scheduled, and how does the “originally scheduled trial date” rule work?
Answer: Forseti Legal Services can help you understand when pleading amendments are allowed in Ontario’s Small Claims Court, including that under O. Reg. 258/98, Rule 12.01(3) an amended claim or defence must generally be filed and served at least 30 days before the originally scheduled trial date, with court permission required to shorten notice or where the trial date was previously set; for clarity on whether an adjournment changes what counts as the “originally scheduled trial date,” Forseti Legal Services can review your specific timeline and advise on the safest next steps to avoid procedural arguments. If you want quick guidance tailored to your case, call (705) 806-7577 to book a consultation.
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.
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 quantity of online searches featuring “lawyers near me” or “best lawyer in” typically indicates a desire for prompt and competent legal assistance rather than seeking a particular title. In Ontario, accredited paralegals are governed by the same Law Society that regulates lawyers and have the authority to represent clients in specified litigation matters. Skills in advocacy, legal analysis, and procedural knowledge are fundamental to this position. Forseti Legal Services provides legal representation within its licensed parameters, focusing on strategic positioning, evidentiary preparation, and effective advocacy to attain efficient and favourable outcomes for clients.