DROZlegal / Small Claims Form 9B

Ontario Small Claims Form 9B: Request to Clerk (Noting Default)

A defendant in an Ontario Small Claims case generally has 20 calendar days to serve and file a defence. If none arrives, the plaintiff can file a Request to Clerk (Form 9B) asking the court to note the defendant in default. A separate form, Form 11B (Default Judgment), is the clerk's judgment itself — they are not the same form.

Not legal advice; Ontario information as of October 13, 2026. Sources, all read on that date: the Ontario Courts page on default proceedings in Small Claims Court, the official Form 9B (version RSCC-9B-E, 2014/01) and the official Form 11B (version SCR 11.02-11B, January 1, 2021). The Small Claims Court Rules themselves could not be opened that day, so any rule number below is quoted only as it is printed on the forms. The court may have issued newer versions of either form.

What Form 9B is for

The Ontario Courts page says that if a defendant does not file a defence in time, the plaintiff may ask the court to note the defendant in default, and that to do so the plaintiff files a Request to Clerk (Form 9B). Form 9B is a general request form: it is a set of checkboxes telling the clerk what you want done next.

Box on Form 9BWhat it asks the clerk to do
Note defendant in defaultNote the named defendant(s) in default for failing to file a Defence (Form 9A) within the prescribed time period. The form cites R. 11.01(1).
Assessment hearingSchedule one, once all defendants have been noted in default. The form cites R. 11.03(2)(b).
Terms of payment hearingSchedule one because you dispute the defendant's proposed payment terms in their Defence. The form cites R. 9.03(3).
TrialSchedule a trial. The form cites R. 16.01(1)(b).
Accept payment into courtAccept a stated amount into court, for example under a court order, a settlement for a person under disability, a written offer to settle, or named legislation.

For the situation in this guide — a silent defendant — the first box is the one that matters.

The caution printed on the form

Form 9B ends with a boxed caution. In its words: to obtain an assessment of damages, all defendants must be noted in default. If one or more defendants has filed a defence, the matter must proceed to a settlement conference. To bring a motion in writing for an assessment of damages, you file a Notice of Motion and Supporting Affidavit (Form 15A).

What Form 11B is

Form 11B is titled Default Judgment, and it is signed by the clerk, not the party. It carries a notice to the defendant, and the box for this situation reads: “You have been noted in default according to Rule 11.01.” The judgment then sets out three sums the defendant must pay the plaintiff:

  • Debt — the principal amount claimed, minus any payments received since the claim was issued.
  • Pre-judgment interest — the rate, the dates and the number of days.
  • Costs to date — including the cost of issuing the judgment.

It also states the post-judgment interest rate, and ends with a caution to the defendant that the judgment amount must be paid directly to the plaintiff immediately, failing which there may be additional post-judgment interest and enforcement costs. A second box on the same form covers a different situation — a defendant who defaulted on a payment arrangement, after 15 days have passed since a Notice of Default of Payment (Form 20L) was served.

Three routes to a default judgment

The Ontario Courts page lists three ways to get a default judgment: a Request to Clerk, a motion in writing for assessment of damages, or an assessment hearing. The page does not say when each one applies, and this guide does not guess. Ask the court clerk, or a lawyer or paralegal, which fits your claim.

What default means for the defendant

The Ontario Courts page says being noted in default “has serious consequences.” The defendant cannot file a defence or take other steps without the plaintiff's consent or the court's permission, and the plaintiff may be able to get judgment without the defendant taking part. A defendant who has been noted in default may bring a motion to set the noting aside, and may also ask the plaintiff to consent to setting aside the noting and any default judgment — but not enforcement steps that are already complete.

Mistakes to avoid

  • Mixing up the forms. Form 9B asks the clerk to note default; Form 11B is the judgment. Some guides online blur the two.
  • Counting the 20 days from the wrong date. Confirm with the court how the period runs for your claim before you file.
  • Forgetting a co-defendant. The form's caution says an assessment of damages needs every defendant noted in default.
  • Losing your service record. Keep your proof of service with your file; see our Form 8A guide.

Related walkthroughs: Form 7A (plaintiff's claim), Form 8A (affidavit of service), Form 9A (defence), Form 10A (defendant's claim), and the Small Claims Court process guide.

Official forms

Get the official Form 9B and Form 11B

Download the current Request to Clerk, Default Judgment and every other Small Claims Court form directly from Ontario Court Forms — the source, not a copy.