As a claimant or respondent, a default order may be made against you if you were absent for a consultation or hearing at the Small Claims Tribunals (SCT).
Examples of default orders:
You may apply to set aside the default order within 1 month from the date the order was made.
Refer to the key facts about setting aside a default order:
Who can file
A party who has had a default order made against them by the SCT.
When to file
Within 1 month of the date of the default order.
How to file
Through the Community Justice and Tribunals System (CJTS).
For the application, you will need to provide your:
Log in to CJTS. Under the Online Applications tab, select Set aside application. Follow the instructions to fill in the required information.
For detailed instructions, refer to the CJTS user guide for small claims (PDF, 4.41 MB).
Filing of an application does not mean the order will automatically be set aside. The SCT will make the decision at a hearing that you and the other party must attend.
The SCT will inform you of the date and time of the hearing of the application through CJTS. You should bring all evidence to support your application to the hearing.
You must attend. If you are absent, the application may be dismissed and you may be unable to file any further applications to set aside.
Even after you have filed the application to set aside, the claimant can still enforce the default order. The order will only be set aside if your application is successful.
A registrar or tribunal magistrate will decide whether to allow or dismiss the application.
If your application is dismissed, the default order stands.
If your application is allowed, the case will then proceed with the consultation or hearing, depending on which stage your case is at.