DROZlegal / Small Claims Form 13A

Ontario Small Claims Form 13A: List of Proposed Witnesses

Before an Ontario Small Claims Court settlement conference, each side must fill out a List of Proposed Witnesses (Form 13A), serve it on the other parties and file it with the court at least 14 days before the conference. The witnesses themselves do not come to the conference; you only need to be ready to explain briefly what each would say at trial.

Not legal advice; Ontario information as of October 21, 2026. Sources, read on that date: the Government of Ontario's Guide to Procedures in Small Claims Court, “Getting ready for court” (page updated July 2, 2026) and the Ontario Courts page on settlement conferences and trial management conferences (no date shown on the page). The Form 13A PDF and the text of the Small Claims Court Rules were not read, so this page does not describe the form's fields or quote a rule. The court may have issued newer versions of any form.

When this form is for you

If the defendant files a defence, the court office sends a notice with the date, time and location of a settlement conference. Ontario's guide says it should be held within 90 days after the first defence is filed, and that it is usually by videoconference. The clerk sends each party a blank Form 13A with that notice. The claim that starts the case is covered in our Form 7A guide; the defence that triggers the conference is in our Form 9A guide.

What is due, and when

WhatFormDeadline in Ontario's guide
List of Proposed Witnesses13AFilled out by plaintiff and defendant at least 14 days before the settlement conference; served on the other parties and filed with the court.
Documents not attached to your claim or defenceNoneServed on every other party and filed at least 14 days before the settlement conference.
Change how you attend1BServe and file, with proof of service, at least 30 days before the hearing date. An objection (Form 1C) is due within 7 days of receiving the request.
Summons to a witness for trial18AServed personally on the witness at least 10 days before the trial date, with attendance money.

What the list is and is not

  • It names the witnesses you may call at trial. The Ontario Courts page lists it alongside any trial document you plan to rely on that was not attached to your claim or defence; both go to every other party and to the court.
  • Witnesses do not attend the conference. The guide says to be ready to briefly explain what each witness would say at trial instead.
  • Listing a witness does not make them come. For trial, a Form 18A summons (the court issues it, and there is a fee) must be served personally, and proof of service may need an Affidavit of Service (Form 8A). The guide says a judge may issue a warrant for the arrest of a properly served witness who does not attend.

Mistakes to avoid

  • Counting from the wrong date. The 14 days run back from the date of the settlement conference, not forward from when the notice arrives.
  • Filing without serving. The guide says to serve the completed form on the other parties and file it; keep notes of when and how you served each document.
  • Showing up unprepared. The Ontario Courts page says that if you do not attend or come unprepared, the court may order costs against you, schedule another conference, or in some cases strike your defence and dismiss your defendant's claim.
  • Bringing witnesses on the day. They are not needed at the conference.

Either side can also make a written offer to settle; see our Form 14A guide. For the whole sequence, see the Small Claims Court process guide.

Official forms

Get the official Form 13A and its companion forms

Download the current List of Proposed Witnesses and every other Small Claims Court form directly from Ontario Court Forms — the source, not a copy.