A settlement conference in Ontario Small Claims Court is a meeting before a judge or deputy judge who will not decide your case. Both sides are there, usually in a small room or on a video call. The judge reads the claim and the defence, listens to each side for a few minutes, and then shares their view — sometimes bluntly.
That opinion is the point of the exercise. It is the first time anyone with judicial experience has reviewed your file and told you what it’s worth. It isn’t binding, and the judge who hears the trial won’t know what was said. But it is very useful information, and it’s free.
Three things people get wrong
They come unprepared because it isn’t a trial. Your documents must be served and filed beforehand. If the judge can’t see the invoice, the contract or the photographs, they’re giving you an opinion on a case that lacks evidence.
They treat the judge’s view as a verdict. It isn’t. If a deputy judge tells you your case is weak on one issue, that’s a problem to fix, not a reason to walk away — and sometimes it’s a view another judge wouldn’t share.
They refuse to discuss numbers. You can state a number without conceding anything. Most Small Claims files settle at or shortly after the settlement conference, because it’s the first time both sides hear the same assessment out loud.
Come with a range you’d accept, a number you’d never go below, and the documents that prove it.
General information only, not legal advice. For advice about your situation, book a consultation.
