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As a starting point, in Ontario, there is a basic two-year limitation period which sets out that a lawsuit must be commenced within two years of the date on which the claim is said to have been discovered.
Aside from the Defendants consent, the only other two ways that a lawsuit can be disposed of are by way of a judge, again with the risk of costs being awarded to the Defendant, or allowing the matter to be administratively dismissed by the Clerk of the Court if the file remains inactive more than two years after the
In Ontario, for most matters, the claimant has two years to begin the lawsuit, either from the date the injury occurred or from the date notice was given (whichever is applicable).
What does it cost to file a Small Claim? Filing a claim will cost between $100 to $215. Other steps in the process, such as setting a trial date or requesting a default judgment, can cost between $89 and $320. In some cases, filing fees can be waived if you cannot afford them and make a request for a fee waiver.
If you wish to amend an e-filed claim after service on the defendant, you may amend your claim through the Small Claims Court Submissions Online portal or at the court office. You can access both online portals at .ontario.ca/page/file-small-claims-online.

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You have 20 calendar days from the date you were served with the claim to file your defence. After 20 days, the plaintiff can have you noted in default.
Once you are noted in default, the plaintiff can ask for judgment against you without notifying you. (This kind of judgment is called default judgment.)
Once the Defence has been filed, the Small Claims Court office will automatically schedule a settlement conference. The settlement conference is held before a lawsuit goes to trial. Everyone involved in the lawsuit will receive a special form, by mail, called a Notice of Settlement Conference.

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