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Amending Pleadings, Prior to Trial:
Requires Leave of the Court If Within Less than Thirty (30) Days Prior to Trial
Last Updated: August 24 2026
Question: How late can a plaintiff amend a pleading in Ontario Small Claims Court before the trial date, and when is leave required?
Answer: In Ontario’s Small Claims Court, pleading documents like the Plaintiff’s Claim or the Defence may be amended up to 30 days before the originally scheduled trial date, per O. Reg. 258/98, Rule 12.01(3). If the trial date was previously scheduled, then leave to amend is generally required once you’re inside that 30-day window, and the meaning of “originally scheduled trial date” is tied to the date that was set rather than a later adjusted timetable, as discussed in Hradecky v. Hydro One Networks Inc., 2014 CanLII 11543. To reduce disputes about the timeline and avoid procedural missteps, PKM Legal Services can review your case facts and draft or revise the amendment plan, including any needed motion or clerk’s order, and answer court-process questions quickly, call (519) 410-5250 for help today.
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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 PKM Legal Services by phone at: (519) 410-5250 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 significant quantity of online searches featuring “lawyers near me” or “best lawyer in” frequently indicates a pressing necessity for competent legal assistance rather than a distinct occupational label. In Ontario, accredited paralegals fall under the regulation of the same Law Society that governs lawyers and possess the authority to advocate for clients in specific litigation issues. Core elements of this position include advocacy, legal evaluation, and procedural expertise. PKM Legal Services provides legal advocacy under its sanctioned mandate/scope, focusing on strategic alignment, evidence preparation, and persuasive representation aimed at attaining efficient and advantageous outcomes for clients.
