Small Claims Court Glossary

Legal terms can make an otherwise accessible process feel intimidating. This glossary explains the most common ones you'll encounter in plain language, organized by category so you can find what you need quickly. Where a term connects to a fuller topic elsewhere on this site, the definition links to it.

Parties and people in a case

• Plaintiff — the person or business starting a claim.
• Defendant — the person or business being sued.
• Self-represented party (litigant in person) — someone who takes part in their case without a lawyer or paralegal. Most Small Claims Court parties are self-represented. See do I need a lawyer or paralegal?
• Litigation guardian — someone who brings or defends a claim on behalf of a minor or a person under a legal disability. See who can sue.
• Deputy judge — the judicial officer who generally presides over Small Claims Court matters.
• Judgment creditor — the party who is owed money under a judgment.
• Judgment debtor — the party who owes money under a judgment.

Claims and defences

• Plaintiff's Claim — the form used to start a Small Claims Court case. See how to start a claim.
• Cause of action — the specific legal basis for a claim — the facts and legal reason a plaintiff says entitle them to a remedy.
• Limitation period — the deadline, generally 2 years from when you knew or reasonably should have known about the claim, within which a claim must be started under Ontario's Limitations Act, 2002. See limitation periods.
• Defence — the defendant's formal written response to a claim. See preparing a Defence.
• Defendant's Claim — a claim brought by a defendant within the same case, including counterclaims, crossclaims and third party claims. See Defendant's Claims.
• Counterclaim — a Defendant's Claim brought against the plaintiff specifically, within the same case.
• Crossclaim — a Defendant's Claim brought against another defendant in the same case.
• Third party claim — a Defendant's Claim brought against someone not already part of the case, who the defendant says is actually responsible.
• Particulars — the specific facts describing what happened, included in a claim or defence.
• Service — formally delivering court documents to the other party in a way the court's rules recognize as proper notice. See serving the defendant.

The court process

• Settlement conference — a required early meeting aimed at resolving a case without trial. See settlement conferences.
• Motion — a formal request asking the court to decide a specific issue before the case's final outcome. See motions.
• Notice of motion — the document used to formally bring a motion before the court.
• Offer to settle — a formal settlement proposal that can affect costs later. See offers to settle.
• Adjournment — a postponement of a scheduled step, such as a settlement conference or trial date, to a later date.
• Trial — the hearing where a case is finally decided if it doesn't settle earlier. See trials.
• Appeal — a request to a higher court to review a decision on specific legal or procedural grounds. See appeals.
• Superior Court of Justice — the court that hears civil claims above the Small Claims Court monetary limit; Small Claims Court is a branch of it.
• Simplified Procedure — a streamlined process in the Superior Court of Justice for certain civil claims above the Small Claims Court limit but below a higher threshold — a middle ground between Small Claims Court and a full Superior Court action.

Evidence and hearings

• Evidence — the documents, records, photos, or testimony used to prove or disprove a fact in the case. See Evidence, Documents and Witnesses.
• Witness — someone who gives evidence about what they saw, heard, or know, either in writing or in person. See witnesses.
• Affidavit — a written statement of facts, sworn or affirmed to be true, sometimes used to support a motion.
• Exhibit — a specific document, photo, or other item of evidence formally referred to and identified during a hearing.

Judgments and money

• Judgment — the court's final decision on a claim.
• Default judgment — a judgment granted because a defendant didn't respond in time. See default judgments.
• Costs — certain expenses connected to a case that a court may order one party to pay another. See costs and interest.
• Set-off — reducing what one party owes another by the amount the other party separately owes back, so only the net difference changes hands.
• Prejudgment interest — interest covering the period before a judgment is issued. See the prejudgment interest calculator.
• Postjudgment interest — interest covering the period after a judgment while it remains unpaid. See the postjudgment interest calculator.

Enforcement terms

• Judgment enforcement — the steps available to collect on a judgment that hasn't been paid voluntarily. See judgment enforcement and Collecting and Enforcing a Judgment.
• Garnishment — a legal process for redirecting money owed to a judgment debtor (such as wages or funds in a bank account) toward paying a judgment.
• Writ of seizure and sale — a legal document that can allow certain property of a judgment debtor to be seized and sold to satisfy a judgment, subject to rules about what property is exempt.
• Judgment debtor examination — a formal process where a judgment debtor can be questioned about their income, assets and ability to pay, to help a judgment creditor decide how to enforce a judgment.
• Certificate of judgment — a formal record of a judgment that can be used, among other things, to register the judgment against real property the debtor owns.

How to use this glossary well

If you come across an unfamiliar term while reading a form or a guide on this site, this page is meant to be a quick stop for a plain-language explanation before you continue. Where a term connects to a fuller topic, follow the link to the full guide for more detail than a short definition can provide. For the official, precise legal definitions of terms used in court rules and legislation, see the Ontario Superior Court of Justice's Small Claims Court page.

Frequently asked questions