Form 15A: Notice of Motion and Supporting Affidavit, Filled Online

One form for the motion and the evidence

In Small Claims Court a motion and the affidavit that supports it travel together on Form 15A. Page 1 identifies the court, the plaintiff and the defendant. Page 2 or 3 says what you ask for. Pages 3 and 4 hold your sworn facts, and page 5 records how the affidavit was sworn by video.

The motions people bring most often are printed on the form as tick boxes: setting aside a default judgment, setting aside a noting in default, permission to file a Defence late, extending a time limit, ending a garnishment. Anything else goes under "other". This page uses the current edition, SCR 15.01-15A dated August 1, 2022.

Part A or Part B

Part A is for a motion the court will hear, by videoconference, by telephone or in person. The clerk gives you the date and time, which go at the top of page 2.

Part B is for a motion in writing, decided on the papers: assessing damages against defendants noted in default, substituted service of a claim, or another order. Choose one part at the top of our form and only its questions appear.

The videoconference block on page 5

Ontario Regulation 431/20 allows an affidavit to be sworn by video, and Form 15A has its own wording for it. When the person swearing and the commissioner are in different cities, the block names both places, each as a municipality and its county or region: "at the City of Vaughan in the Regional Municipality of York".

That is where people get stuck, so our form asks only where you will be during the call. Pick your city or town from the list of Ontario municipalities and both lines are printed for you; a neighbourhood such as Woodbridge prints as the City of Vaughan, and a single-tier city such as Toronto is followed by the Province of Ontario. Outside Ontario, you type the place yourself with hints in each box. The commissioner's own place and the date are added by the commissioner.

Where the answers go

Before you serve and file it

1. No hearing date in Part A. Get the date and time from the clerk before you fill in Part A.
2. Facts without a reason. For a default judgment, the court wants to know why you did not defend in time and that you have a defence. Say both.
3. Serving too late. The form must be served at least seven days before the hearing and filed at least three days before it, with proof of service.
4. The wrong video block. Only the "not in same city or town" block is used when you and the commissioner are in different places. Ours fills that one.

Swearing Form 15A by video

Press Book and Sign, choose a time, add your photo ID and pay. On the call the commissioner checks your ID, you swear or affirm and sign on screen, and the commissioner completes the video block on page 5. The commissioned form is emailed to you, ready to serve and file. The instructions page at the end of the official form is not part of the filed document, so it is left out.