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Small Claim Courts Purpose for a Motion

There are many reasons that motions are used in the Ontario Small Claims Courts. Making a motion in court is essentially making a request to the court for a date to go before a judge to make a request in connection with an Ontario Small Claims Court action.

In Ontario if one party sues another party and the party that is sued fails to file a Defence within the allowed period; the Plaintiff can apply for a “default judgment” with no further notice to the other party. What happens if the defendant in fact did not receive the court documents from the Plaintiff? The Defendant could then make a court motion asking the court to set aside the judgment for improper service. If granted, the judge can set aside the judgment and allow the Defendant an opportunity to file a Defence.

In January of 2010 the Ontario Small Claims Court rules changed so that now you must serve a Defendant personally or by a means that is certifiable (you can no longer serve a Plaintiff’s Claim in Ontario by regular mail). What happens if the person you are trying to serve is never home? The Plaintiff could make a motion to ask the Judge for a “Substituted” means of service such as delivering the Plaintiff’s Claim to a relative within the Plaintiff’s address or by posting the document on the Plaintiff’s door.

These examples highlight some of the ways that the Ontario Small Claims Courts have made it flexible and accessible for Plaintiff’s and Defendants to be able to access justice and negotiate issues as it relates to their Ontario small claims court claim or defence.

For more information about court motions visit http://www.easycourt.ca.