Yes No Share to Facebook
Amending Pleadings, Prior to Trial:
Requires Leave of the Court If Within Less than Thirty (30) Days Prior to Trial
Last Updated: August 28 2026
Question: How late can I amend my small claims pleading in Ontario, and what does “originally scheduled trial date” mean?
Answer: Wennekers.Legal™ can help you understand when your Small Claims Court (O. Reg. 258/98) pleading can be amended, including the 30-day deadline before the originally scheduled trial date and when you need court leave if the trial was previously scheduled or later adjourned. Under Rule 12.01(3), an amended document must be filed and served at least 30 days before the originally scheduled trial date, unless the court allows a shorter notice period on a motion or a clerk’s order is obtained. “Originally scheduled trial date” refers to the trial date that was set in the court process, not a later rescheduled date, so disputes can arise if the date is unclear. For guidance specific to your matter and timeline, contact Wennekers.Legal™ at (647) 701-1162 for professional legal services across Ontario.
Add this website to Google Preferred Sources
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.
Note: Please contact Wennekers.Legal™ by phone at: (647) 701-1162 to discuss any specific questions that you may have.
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.
NOTE: A substantial amount of online searches for “lawyers near me” or “best lawyer in” typically indicate a demand for swift and effective legal assistance as opposed to a particular professional designation. In Ontario, the same Law Society that governs lawyers also regulates licensed paralegals, granting them the authority to represent clients in specific litigation cases. Central to this role are advocacy, legal analysis, and procedural expertise. Wennekers.Legal™ provides legal support within its licensed framework, focusing on strategic positioning, evidence preparation, and compelling advocacy aimed at securing efficient and advantageous outcomes for clients.
