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Possible orders by the Small Claims Tribunals (SCT)

The Small Claims Tribunals (SCT) can make the following types of orders:

A money order means one party must pay the other party a stated sum of money by a due date.

If this order is not complied with, the party entitled to payment may start enforcement proceedings. Read more about enforcing an order by the SCT.

A work order means one party must rectify a defect in goods or damage to property, or make good any deficiency (lack or shortage) in the performance of services. The order may specify the manner in which this should be done, for example by replacing the goods.

If this order is not complied with, the party entitled to the benefit may start enforcement proceedings. Read more about enforcing an order by the SCT.

The SCT can also vary a work order, or make an order for the party who has failed to comply with the work order to pay money to the other party.

Where a landlord makes a claim against a tenant for unpaid rent, the SCT can order the tenant to vacate the property. This is known as "delivery of vacant possession".

If this order is not complied with, the landlord may start enforcement proceedings. Read more about enforcing an order by the SCT.

A consent order records the terms of agreement between the parties. It can be issued after parties agree to settle some or all of the matters in dispute at the eNegotiation, eMediation, consultation or hearing.

Parties will receive a copy of the consent order in court or online through the Community Justice and Tribunals System (CJTS), or both.

If one party does not comply with the order, the other party may start enforcement proceedings. Read more about enforcing an order by the SCT.

A default order is made when one party fails to attend a scheduled consultation or hearing at the SCT.

If the claimant is absent, their claim may be dismissed. If the respondent is absent, an order may be made in the claimant's favour.

The party may apply to set aside the default order within 1 month of the date of the order. Find out more about setting aside a default order.

A discontinuance order is made when the SCT finds that a claim is not within its jurisdiction. This means the claim cannot be heard by the SCT.

All SCT proceedings will stop. The filing fees are not refundable.

If your claim is discontinued, you may still pursue the matter in other courts.

A transfer order is made when the SCT is of the opinion that a claim should be heard by another court. The order calls for the claim to be transferred to the other court.

All SCT proceedings will stop. The filing fees are not refundable.

If the SCT is of the opinion that a claim or part of it has no merit, it can dismiss the entire claim or part of it.

All SCT proceedings will stop. The filing fees are not refundable.

If a claimant fails to appear for a scheduled consultation or hearing, the claim may also be dismissed.

After an order is made

A copy of the tribunal order will be made available to both parties on the Community Justice and Tribunals System (CJTS).

An order of the SCT is final and binding on the parties. If a party does not follow the terms stated in the order, the other party can start enforcement proceedings. Read more about enforcing an order by the SCT.

Note
For the claimant: Even if you obtain a decision in your favour, you have to start enforcement proceedings if the other party does not comply with the order. The SCT cannot enforce the order on your behalf.

Appeals are possible for certain cases. Find out which cases are eligible for appeal.

If you missed a court session and an order was made in your absence, you cannot file an appeal. You may apply to set aside the order instead.

Resources

Refer to this brochure on the Orders of the Small Claims Tribunals (PDF, 430 KB).

Legislation associated with this topic includes:

Related questions

You must still comply with an order after you file an appeal against it. The other party can enforce the order if you do not comply.

If you wish to wait for the outcome of your appeal before complying with the order, you have to apply for a stay of execution.

2021/07/23

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