Not legal advice; Ontario information as of October 17, 2026. Sources, read on that date: the Government of Ontario's Guide to Procedures in Small Claims Court, “Motions and clerk's orders” and “Replying to a claim” (both updated July 2, 2026), and the Small Claims Court fees page (updated October 24, 2025). The Form 15A PDF and the text of the Small Claims Court Rules could not be read that day, so this page quotes no form version, states no legal test for winning the motion, and cites a rule number only where the Guide itself names it. The court may have issued newer versions of any form or fee.
When this form is for you
Ontario's guide says a defendant who is noted in default cannot file a defence or take any other step except to bring a motion to set the noting aside, and that the plaintiff can then obtain default judgment without further notice. The guide says you may bring a motion to set aside the noting in default or the default judgment, and that you should do it “as soon as is reasonably possible in the circumstances.” How the default happens is covered in our Form 9B guide; the defence you missed is covered in our Form 9A guide.
Two ways to undo a default
| Route | Form | What happens |
|---|---|---|
| Motion before a judge | Form 15A | You ask the court for an order; a hearing is scheduled; the other side can answer with a responding affidavit (Form 15B). |
| Clerk's order on consent | Form 11.2A | If all affected parties consent in writing, the clerk can set aside the noting in default or default judgment, plus any enforcement step not yet completed. No hearing. A party already noted in default does not need to consent. |
The guide adds that if the clerk refuses a consent request, you can amend and resubmit it or bring a motion before a judge.
What goes in the motion
- Form 15A. It states who is bringing the motion and what order is sought. The court fills in the hearing date, time and details.
- The supporting affidavit. It states the order you want and gives your reasons in numbered paragraphs, with each document you mention attached as a labelled exhibit. For a default, the guide says to explain what your defence is and why you did not file it on time, and to read Rule 11.06 to make sure you have covered every requirement.
- Swearing it. The affidavit must be sworn or affirmed before a commissioner for taking affidavits: court or ServiceOntario staff (no fee), a licensed lawyer or paralegal, or a notary public, among others. The guide notes it is a criminal offence to knowingly swear a false affidavit.
The clocks
- 7 days. Serve the Form 15A materials on each party at least 7 days before the hearing. Defendants noted in default do not need to be served.
- 3 days. File Form 15A, and an Affidavit of Service (Form 8A) sworn by whoever served it, at least 3 days before the hearing.
- 2 days. A responding party serves and files a responding affidavit (Form 15B) at least 2 days before the hearing.
- Fee. The fees page lists $127 for filing a notice of motion served on another party. That page points to Ontario Regulation 332/16 as the official schedule, so confirm the current amount with the court.
Mistakes to avoid
- Waiting. The guide's timing language is “as soon as is reasonably possible”; its own example is someone who got the claim only days ago.
- Filing a defence instead. While you are noted in default, a defence is not the next step; the motion is.
- Forgetting proof of service. File the Form 8A with the motion.
- Skipping the hearing. If you cannot attend, ask the court office for an adjournment before the hearing date. A successful party may also ask for costs.
Related walkthroughs: Form 7A (plaintiff's claim), Form 9A (defence), Form 9B (noting default), and the Small Claims Court process guide.