Key Small Claims Court Rule Changes Effective June 1, 2025, O. Reg. 258/98
By: Megan Alexander
On January 13, 2025, the Ontario Legislature announced amendments to the Rules of the Small Claims Court, O. Reg. 258/98 (the “Rules”), aimed at improving clarity and efficiency in court procedures. Taking effect June 1, 2025, the changes introduce new trial management processes, updated hearing procedures, and increased compensation for self-represented litigants.
If you didn’t catch our most recent bulletin in early May 2025 entitled “Small Claims, Big Changes… What You Need to Know in 2025”, below is a brief overview of the Ontario Small Claims Court and you can click here for the full bulletin.
The Ontario Small Claims Court
The Ontario Small Claims Court is a branch of the Superior Court of Justice designed to provide a more accessible and cost-effective forum for resolving civil disputes. As of the date of this bulletin, the Small Claims Court has jurisdiction over claims up to $35,000; but, as of October 1, 2025, the monetary limit will increase to $50,000 (Amendment to O. Reg. 626/00, “Small Claims Court Jurisdiction and Appeal Limit”).
The Small Claims Court’s streamlined procedures and reduced formalities make it an efficient option for individuals and businesses seeking timely resolution of common legal matters—most often involving contracts or torts (such as negligence, defamation, nuisance, etc).
The Small Claims Court also has the authority to enforce orders issued by the Landlord and Tenant Board (“LTB”), which will see a monetary limit increase alongside the Small Claims Court to $50,000 on October 1, 2025. If you have questions about the upcoming monetary limit increase in either the Small Claims Court or the LTB, we encourage you to reach out to Megan Alexander or Kristin Ley.
Amendments to O. Reg 258/98 under the Courts of Justice Act (Rules of the Small Claims Court) – Effective June 1, 2025
Effective June 1, 2025, there will be some significant amendments and additions to the Rules. These changes are meant to streamline procedural processes, continue to promote access to justice and modernize the litigation process within this honourable jurisdiction. Here is a brief overview of the five (5) big changes; and, a link to the Rules:
- The Primary Objective is now explicitly stated in Rule 1.03 to be to ““secure the just, most expeditious and least expensive determination of every proceeding on its merits…” ”.
- New procedures to identify the hearing method (in-person, video conference, telephone, hybrid)
- The new Form 1B has been introduced to request a change in attendance method; and, a party can object to this request using Form 1C
- Form 1B must be served on all parties and filed within thirty (3) days before the scheduled hearing date.
- Trial Management Conferences have been introduced
- These conferences will aim to resolve or narrow issues, facilitate full disclosure, and set trial dates efficiently
- Similar to a mandatory settlement conference, the Deputy Judge presiding over these trial management conferences will not conduct the trial itself.
- Substantial Increase in Compensation for Successful Self-Represented Litigants, which has tripled from $500 to $1,500
- Trial Adjournments will only be done by Court Order. The Court may award compensation for inconvenience and expense to the opposing party when an adjournment is granted.
Conclusion
As with any update, staying informed is essential. Take the time to review the amended Rules, ensure you’re using the correct forms, and most importantly, don’t hesitate to reach out for legal guidance. The goal is to be well-positioned for success at every step in the process.
If you are interested in pursuing litigation through the Small Claims Court or the LTB; OR, have questions about how these amendments may affect an existing matter or your business, seek legal advice from an experienced legal representative such as a lawyer or licensed paralegal to navigate these steps efficiently. Click here to visit our website to review our team of exceptional, client-focused lawyers and licensed paralegals.
Megan A. Alexander is a licensed paralegal who works within the Commercial Litigation and Multi-Residential Housing Groups at Cohen Highley LLP in London, Kitchener, Stratford, Strathroy and Windsor. Ms. Alexander’s main areas of practice is within the Ontario Small Claims Court (including enforcement) and the Condominium Authority Tribunal (“CAT”).
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