- A motion is a formal request asking the court to make a specific order during a case, separate from the final trial decision.
- Common Small Claims Court motions include amending a claim, adding or removing a party, requesting an adjournment, and setting aside a default judgment.
- To set aside a default judgment or noting in default, you generally must show a meritorious defence, a reasonable explanation for the default, and that you acted promptly once you learned of it.
- Courts are generally reluctant to grant adjournments without a genuine, well-supported reason — a request made at the last minute is far less likely to succeed.
- A meritorious defence for setting aside a default only needs an “air of reality” — you do not need to prove it will succeed at trial.
- Motions can come with costs consequences — the losing party on a motion may be ordered to pay the other side's reasonable costs for it.
The Short Answer
A motion is how you ask an Ontario Small Claims Court to make a specific order in the middle of a case, rather than waiting for the final trial decision. Whether you need to fix a party's name, adjust your claim, request more time, or undo a default judgment, there is a specific, well-established process — and a specific legal test — for each.
How a Motion Actually Works
Most motions in Small Claims Court are brought using a Notice of Motion (Form 15A), setting out exactly what order you are asking for and the reasons why, supported by an affidavit or other evidence where the motion depends on specific facts. Depending on the type of motion, it is either served on the other party (with notice) or, in narrower circumstances, brought without notifying them first.
Motion to Amend a Claim
If facts change, new information comes to light, or you made an error in your original claim, you can generally bring a motion to amend it. Courts tend to be reasonably permissive here, particularly early in a case, provided the amendment would not cause unfair prejudice to the other side that cannot be addressed through terms such as costs or extra time to respond.
A plaintiff discovers, partway through a case, that the correct legal name of the defendant corporation is different from what was used in the original claim. A motion to amend the claim to correct the legal name is a common and generally straightforward request.
Motion to Add or Remove a Party
Similarly, if it becomes clear that another person or company should be part of the case — or that a named party should not be — a motion to add or remove a party allows the case to proceed against the correct participants.
Motion for an Adjournment
If you genuinely cannot proceed on your scheduled hearing date, you can bring a motion asking the court to reschedule.
Courts are generally reluctant to grant adjournments without a real, well-supported reason, particularly close to the hearing date. A vague or last-minute request — without a compelling explanation and, ideally, some evidence supporting it — is unlikely to succeed and can result in the case proceeding without you.
Motion to Set Aside a Default Judgment
If a default judgment or noting in default was entered against you — often because a Defence was not filed in time — you may be able to have it set aside under Rule 11.06. The court will generally look at three things:
- A meritorious (arguable) defence — one with a genuine “air of reality,” not necessarily one guaranteed to succeed at trial
- A reasonable explanation for why the default happened in the first place
- Whether you brought the motion as soon as reasonably possible after learning about the default
Courts generally prefer deciding cases on their actual merits rather than by default. A well-prepared motion — showing a genuine defence, a believable explanation, and prompt action — has a real chance of success, even after a default judgment has already been entered.
With Notice vs. Without Notice
Most motions are brought with notice — meaning the other side is served and has an opportunity to respond before the motion is decided. Motions without notice are reserved for narrower circumstances, such as substituted service, where notifying the other party in advance would defeat the purpose of the request.
See our dedicated guide on substituted service in Ontario Small Claims Court, one of the most common without-notice motions.
Costs Consequences of Motions
Bringing or opposing a motion is not free of risk. The losing party on a motion can be ordered to pay the other side's reasonable costs for that specific motion, separate and apart from the costs of the overall case. Weigh the strength of your position honestly before bringing a motion that may not succeed.
Common Mistakes
Delay — whether in seeking an amendment, an adjournment, or setting aside a default — weakens your position and can itself defeat an otherwise valid motion.
A motion built on bare assertions, without a supporting affidavit or documentation where required, is far less persuasive than one backed by clear evidence.
Each type of motion has its own test — arguing generally that something is "unfair" without addressing the actual legal requirements weakens your chances.
Bringing a weak motion can result in a costs order against you, adding expense to a case that may not have needed the motion at all.
Need to bring or respond to a motion in your Small Claims Court case? Call our Toronto litigation lawyers at 416-274-2222 for a free consultation.
Frequently Asked Questions
A motion is a formal request asking the court to make a specific order during the course of a case — separate from the final decision after trial. Common examples include amending a claim, adding or removing a party, requesting more time, or asking the court to set aside a default judgment.
Generally, you complete a Notice of Motion (Form 15A) setting out what order you are asking for and why, supported by an affidavit or other evidence where required. Depending on the type of motion, it may be brought with notice to the other party or, in limited circumstances, without notice.
In many cases, yes, through a motion to amend. Courts generally allow amendments where they would not cause unfair prejudice to the other side that could not be addressed through terms such as costs or an adjournment — for example, correcting a defendant's legal name or adjusting the amount claimed based on updated information.
You can generally bring a motion to add, remove, or correct the name of a party. Courts are often willing to permit this, particularly early in a case, though delay or resulting prejudice to the other side can affect whether the motion succeeds.
You bring a motion asking the court to reschedule, explaining the genuine reason you cannot proceed as scheduled. Courts are generally reluctant to grant adjournments without good reason, and a request made at the very last minute — without a compelling explanation — is unlikely to succeed.
Under Rule 11.06, a court may set aside a default judgment or noting in default if the moving party shows a meritorious (arguable) defence, a reasonable explanation for why they defaulted in the first place, and that they brought the motion as soon as reasonably possible after learning about the default.
It means an arguable defence with an "air of reality" — you do not need to prove your defence will actually succeed at trial, only that it is a genuine, non-frivolous position worth being heard.
Often, yes. The losing party on a motion can be ordered to pay the other side's reasonable costs associated with responding to it, separate from the costs of the overall case. This is worth factoring in before bringing a motion that may not be strong.
Yes, in most circumstances, particularly for motions brought with notice. The other side can file responding materials and make submissions explaining why the motion should be denied or granted only on specific terms.
It varies significantly by courthouse and the type of motion. Some straightforward, unopposed motions can be resolved relatively quickly, sometimes without a hearing at all, while contested motions requiring a hearing depend on court scheduling.
Not necessarily, but motions require precise legal drafting and an understanding of the specific test that applies — getting the framing wrong can result in an otherwise valid request being denied. Professional help can meaningfully improve your chances, particularly for higher-stakes motions like setting aside a default judgment.