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Amending Pleadings, Prior to Trial:
Requires Leave of the Court If Within Less than Thirty (30) Days Prior to Trial
Last Updated: July 02 2026
Question: When you are in Ontario Small Claims Court, can VP Legal Services & Notary help you amend your Plaintiff’s Claim or Defence up to 30 days before the originally scheduled trial date, and what happens if the trial date was adjourned?
Answer: VP Legal Services & Notary can help if you need to amend a Plaintiff’s Claim or Defence in Ontario Small Claims Court up until 30 days before the originally scheduled trial date, because under Rules of the Small Claims Court, O. Reg. 258/98 at Rule 12.01(3), filing and service of the amended document must occur at least 30 days before the trial date unless the court allows a shorter notice period or a clerk’s order is obtained. If the “originally scheduled trial date” has already been set and later the matter is adjourned, the amended pleading may require leave (permission) from the court since a trial date was previously scheduled, as discussed in Hradecky v. Hydro One, 2014 CanLII 11543. For clear next steps across Ontario, contact VP Legal Services & Notary Paralegal and Notary Services at (437) 286-1499 to review your timeline and document plan during a consultation.
Amending 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.
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