The defendant didn't
show up. Now what?

By Jonathan Kleiman, Barrister & Solicitor · Published June 2026

One of the most common questions I get from people who have started a claim is some version of this: "The other side has gone silent — do I just win?" It is an understandable hope. You did the work, you filed your Small Claims Court claim, you served it properly, and the defendant has done absolutely nothing. Surely that means the money is yours.

Sometimes it nearly does, and sometimes it is more complicated than that. A defendant who never responds, or who files a Defence and then fails to show up, has given up most of their ability to fight you. But the Ontario system does not simply hand you whatever number you wrote on the claim. For a clean debt, the path is short. For damages that have to be assessed, you still have to prove what you are owed — even with nobody on the other side arguing back.

Below I will walk through the two very different kinds of "no-show," what the Rules actually allow you to do, the step-by-step of getting a default judgment, the proof you still need, the common mistakes I see, and how a defendant can sometimes get a default judgment set aside. None of this is legal advice about your specific matter — every case is different — but after years of doing this in Ontario courts, these are the patterns I want you to understand before you count any money.

Two very different kinds of "no-show"

The first thing I do with this question is split it in two, because people use "didn't show up" to mean two completely different situations, and the law treats them differently.

The first is the defendant who never responded at all. You served the Plaintiff's Claim, the flat 20-day window under rule 9.01 came and went, and no Defence was ever filed. There is no defendant in the case in any active sense. This is the world of noting in default and default judgment.

The second is the defendant who did respond but then disappeared. They filed a Defence within the 20 days, so the case became a defended action — but then they failed to attend the settlement conference, or they failed to show up for trial. This is a different mechanism entirely. The court can proceed in their absence, but you are inside the contested-case system, not the default system.

These two paths feel similar from the outside — in both, the other side is absent — but the steps, the forms, and what you have to prove are not the same. Getting them confused is one of the more common ways people stall their own case, so it is worth being precise from the start.

So which situation am I in?

The simplest test is to ask whether a Defence was ever filed. No Defence within 20 days of proper service puts you on the default track. A Defence followed by a no-show puts you on the failure-to-attend track. If you genuinely are not sure whether a Defence was filed, that is something worth confirming with the court before you take any next step, because everything downstream depends on it.

From my experience

From my experience, the cleanest version of this is the unpaid invoice. A client comes to me owed a fixed amount — a contractor who finished the work and never got paid, a supplier with an outstanding bill, a former tenant owing a defined sum. The number is not in dispute in any real sense; it is right there on the invoice. We serve the claim, we keep careful proof of service, and the 20 days run out with no Defence. Because the amount is liquidated, this is about as smooth as litigation gets: we note the defendant in default and move for judgment without a hearing.

But I have also watched people walk into the opposite assumption and get a rude surprise. A client claims, say, several thousand dollars in "damages" for a botched job — lost income, the cost to redo the work, some figure for inconvenience. The defendant never responds, and the client is convinced the full amount is now automatic. It is not. Those are unliquidated damages. Even with the defendant noted in default, the court still wants to see proof of the loss and the amount before it grants judgment for a number like that. The silence helped, but it did not do the proving for them.

The lesson I have drawn over the years is simple: a no-show changes how hard your case is, not whether you have to have a case. The plaintiffs who are disappointed are almost always the ones who assumed absence equals victory on whatever figure they chose.

There is a second pattern I see almost as often, and it is worth naming. A client is so focused on the fact that the defendant ignored them — the unfairness of it, the silence — that they stop thinking about whether the defendant can pay. I have closed plenty of clean defaults where the judgment was sound and the collection went nowhere, because the person on the other end had no job and no assets. The emotional satisfaction of a default judgment and the practical value of one are not the same thing, and the time to separate them is before you file, not after you win.

What the law generally says

A few rules drive everything in this area, and they are worth knowing in plain terms.

• No Defence in 20 days → you can note them in default. If a defendant served with a Plaintiff's Claim files no Defence within the flat 20 days under rule 9.01, you can ask the clerk to note the defendant in default under Rule 11. That is the gateway step.
• For a debt or liquidated demand, the clerk can sign judgment without a hearing. If your claim is for a fixed or readily calculable amount — a debt or liquidated demand — the clerk can sign default judgment on Form 11B once the defendant is noted in default, with no hearing required.
• For an unliquidated claim, you must still prove the amount. Where the claim is for damages that have to be assessed — an unliquidated claim — noting in default is not enough on its own. You have to prove the amount, typically through a settlement conference and, if necessary, a trial or assessment hearing.
• Defence filed, but no-show later. If a Defence is filed but the defendant then fails to attend the settlement conference (rule 13) or the trial (rule 17), the court can proceed in their absence. It may order costs against them, and it may strike their Defence. A plaintiff who proves the claim can then get judgment.
• Default can be set aside. A defendant noted in default, or against whom default judgment was signed, can bring a motion to set it aside — generally needing a reasonable explanation for the default, an arguable defence, and prompt action. Courts can set aside on terms.

Notice the thread running through all of it: the defendant's absence removes their opposition, but it does not remove your burden where the claim is unliquidated. "They didn't show" is a powerful advantage. It is not a substitute for having a claim you can actually prove.

Common situations I see

Over the years, most no-show cases I handle fall into a handful of recognizable patterns, and each one plays out a little differently.

The clean debt that goes uncontested. An unpaid invoice or a defined sum, served properly, with no Defence. This is the textbook default judgment — liquidated amount, no hearing, relatively quick. If your matter looks like this, you are in the best-case version of a no-show.

The "damages" claim the plaintiff thinks is automatic. The defendant has vanished, but the claim is really for unliquidated damages. The plaintiff expects a rubber stamp and instead learns they have to prove the loss. Manageable, but not the freebie they were hoping for.

The defendant who fought, then ghosted. A Defence was filed, so everyone geared up for a contest — and then the defendant simply did not appear at the settlement conference or trial. The court can move ahead without them, but the plaintiff still walks in expecting to prove the case.

The service problem hiding in plain sight. The plaintiff is sure the defendant is ducking them, but in fact service was never done properly. This one matters enormously, because a default built on bad service is the easiest kind to get set aside later. If you are unsure whether a claim was served correctly, the mechanics are covered in my guide on how to sue in Small Claims Court in Ontario.

Step by step: getting default judgment when they never respond

Here is how the default path tends to unfold when a properly served defendant files no Defence. Treat this as the shape of the process, not a substitute for the court's own instructions, which can vary by location.

1. Confirm the defendant was properly served

Everything starts here. You can only note someone in default if they were actually served with the Plaintiff's Claim in accordance with the Rules, and you have to be able to prove it. Keep your affidavit of service and any proof of how and when service happened. A default built on shaky service is the most fragile result there is.

2. Confirm the 20 days have run with no Defence

The defendant has a flat 20 days from service to file a Defence (Form 9A) under rule 9.01. Confirm with the court that no Defence has been filed before you move. If you are even slightly unsure how the deadline lands, you can sanity-check it with the Ontario defence deadline calculator — the same clock the defendant was working against.

3. File your request to note the defendant in default

You file the request, and the clerk notes the defendant in default on the record under Rule 11. From that point the defendant is generally locked out of taking steps in the action unless and until the noting is set aside. This is the procedural turning point.

4. Get judgment — the path depends on your claim

If your claim is for a debt or liquidated demand, the clerk can sign default judgment on Form 11B without a hearing. If your claim is for unliquidated damages, you do not get judgment automatically — you move toward a settlement conference and, if necessary, an assessment hearing or trial to prove the amount. Which branch you are on is determined by the nature of your claim, not by how confident you feel about the number.

5. Then comes enforcement

Default judgment in hand, you are still not paid. If the defendant does not pay voluntarily, you have to enforce it. I walk through every tool in the guide on how to enforce a Small Claims Court judgment in Ontario. This is the stage people forget about, and it is often the longest one.

What happens when they filed a defence but skip the conference or trial

The default route I just described only applies when no Defence was filed. Once a Defence is on the record, you are in a defended action, and a later no-show is handled by a different set of rules.

If the defendant filed a Defence but then fails to attend the settlement conference under rule 13, the court can proceed without them. It may order costs against the absent party for wasting the date, and depending on the circumstances it may strike their Defence — which removes their opposition and clears your path to judgment if you prove your claim.

The same logic applies at trial. If a defendant who filed a Defence does not show up for the trial under rule 17, the court can hear the matter in their absence. The judge can order costs, and a plaintiff who proves the claim gets judgment. But the operative phrase, again, is "who proves the claim." Their empty chair does not prove your case for you.

I want to be blunt about this because it trips people up: a defendant skipping a date is not the same as the defendant conceding the amount. For an unliquidated claim you still establish entitlement and quantum. The difference is that you are doing it unopposed, which is far easier than doing it against a motivated opponent — but it is still you doing it. If you are on the receiving end of all this as a defendant, my companion guide on what to do when someone is suing you in Small Claims Court walks through how not to end up here.

The evidence you still need

This is the part I most want plaintiffs to internalize, so I will say it plainly: for an unliquidated claim, you must still prove your case even when nobody opposes it.

For a liquidated debt, the proof is essentially built in — the contract and the invoice show a fixed amount, and the clerk can sign judgment without a hearing. There is not much to assess. But the moment your claim is for damages that have to be calculated or valued, the court needs evidence of both that you are owed something and how much.

In practice, that means walking into a settlement conference or assessment hearing with the same kind of file you would bring to a contested case: the contract or agreement, the invoices, proof of what was delivered or not delivered, correspondence, photographs, receipts for any costs you are claiming, and a clear, honest calculation of your loss. The judge is not going to invent a number for you, and they are not going to take an inflated figure on faith just because the other side is absent.

I have seen plaintiffs show up to an assessment empty-handed, assuming the default did all the work, and leave with judgment for far less than they claimed — or with the matter adjourned so they can actually prove it. The absent defendant did not cost them that; their own thin evidence did. Treat an unliquidated default as a case you have to prove, just one where nobody is shooting back.

Common mistakes I see

A few errors come up again and again in no-show situations, and each one can cost you real money or real time.

Assuming "they didn't show, so I automatically win." This is the big one. For anything beyond a clean liquidated debt, absence is not victory. You still prove entitlement and amount. Going in with that expectation is how people end up disappointed at the assessment.

Over-claiming the amount. Some plaintiffs treat a default as a chance to claim every figure they can dream up, on the theory that nobody is there to argue. The court still scrutinizes an unliquidated number, and an inflated claim that is not backed by evidence gets cut down. Claim what you can actually prove, not what you wish you could collect.

Moving on default when service was not proper. If the defendant was never validly served, a default obtained against them is built on sand and is the easiest kind to set aside. Confirm and document service before you do anything else.

Treating the judgment as the end. A default judgment is an order that money is owed, not the money. People celebrate the judgment and then discover the hard part — collecting — has not even started. If you want to understand the upside fully, my guide on what happens if you win in Small Claims Court covers what a win actually gets you.

What happens in court: assessment hearings

When your claim is unliquidated and the defendant has defaulted, the in-court moment you are usually heading toward is an assessment — a hearing where you prove your damages even though entitlement is no longer being fought over the way it would be in a full trial.

An assessment hearing is generally less adversarial than a contested trial, simply because there is no opponent putting up a fight. But it is still a hearing. You present your evidence, the judge tests whether it supports the amount you are asking for, and you get judgment for what you prove — which may be the full amount, or may be less if your evidence does not stretch that far. The settlement conference often comes first in a defended matter and can resolve things before you ever reach this point.

The mindset I encourage is to prepare for an unopposed assessment as though someone will challenge your numbers, because the judge effectively does that job. If your file would survive a skeptical question on every figure, you are ready. If it relies on the defendant's absence to fill the gaps, you are not.

A practical tip from experience: bring more documentation than you think you need, and organize it so each figure ties to a piece of paper. If you are claiming the cost to redo work, have the second contractor's invoice. If you are claiming lost income, have something that shows the income you lost. Judges hearing an unopposed assessment are not hostile, but they are careful, and a tidy file that lets them connect every dollar to a document is what turns a default into the full judgment you came for.

Setting aside a default

Here is the catch that keeps me from ever telling a client a default judgment is bulletproof: the defendant can try to undo it.

A defendant who was noted in default, or against whom default judgment was signed, can bring a motion to set it aside. The court generally looks at whether the defendant has a reasonable explanation for why they defaulted, whether they have an arguable defence on the merits, and whether they moved promptly once they learned of the default. Courts can set the default aside on terms — for instance, requiring the defendant to pay costs or to comply with conditions.

From a plaintiff's perspective, this is exactly why proper service and clean process matter so much. The single most common reason a default gets reopened is a genuine problem with service — the defendant credibly says they never received the claim. If your service was solid, your documented, and the defendant simply chose to ignore the case, a set-aside motion is a much steeper hill for them to climb. The sloppier the foundation, the more vulnerable the judgment.

What if I am the defendant who missed a date?

If you are reading this from the other side — you missed the 20 days, or you missed a conference or trial — the message is the same one I give clients in that position: move fast. A set-aside motion is your route back into the case, and the court wants to see a reasonable explanation, an arguable defence, and that you acted promptly. The longer you sit on it, especially once enforcement begins, the harder your position becomes. If a default judgment has already been registered against you, what happens if you lose and cannot pay covers the realities you may be facing.

Settlement considerations

Even when the defendant has gone silent, settlement can still be the smarter play — and people forget this. A defendant who ignored the claim may resurface the moment a judgment lands and enforcement starts. A defendant who skipped the conference may have done so out of disorganization, not surrender, and may be perfectly willing to deal once they understand the consequences.

If there is any realistic chance of reaching the defendant, a negotiated resolution has real advantages over a default judgment. It can include agreed payment terms, which shortens the collection stage. It is far harder to later attack than a default, because the defendant participated in it. And it avoids the risk of a set-aside motion wiping out months of effort. A default judgment you have to defend, or chase indefinitely, can be worth less than a modest settlement that actually gets paid.

None of that means you should hold off on noting a defendant in default when the time comes — protect your position. But I would not slam the door on a deal just because the other side was slow to engage. The goal was never the judgment for its own sake; it was getting paid.

Key takeaways

• No response in 20 days lets you note them in default. If a properly served defendant files no Defence within the flat 20 days under rule 9.01, you can ask the clerk to note them in default under Rule 11 — the gateway to judgment.
• Debts are easy; damages are not. For a debt or liquidated demand the clerk can sign default judgment on Form 11B without a hearing. For unliquidated damages you must still prove the amount, usually at a settlement conference and, if needed, an assessment hearing or trial.
• A no-show is not an automatic win. A defendant who filed a Defence but skips the conference (rule 13) or trial (rule 17) can have costs ordered against them and their Defence struck — but you still have to prove your claim to get judgment.
• Default can be set aside. A defendant can move to set aside a default, generally needing a reasonable explanation, an arguable defence, and prompt action. Proper service is your best protection against that.
• Judgment is not payment. Even a default judgment has to be enforced — the court does not collect for you, so weigh whether the defendant can actually pay.

Frequently asked questions

What happens if the defendant never files a defence in Small Claims Court?

If a defendant who was properly served with your Plaintiff's Claim files no Defence within the flat 20 days under rule 9.01, you can ask the clerk to note them in default. From there, what happens depends on your claim. For a debt or other liquidated amount, the clerk can sign default judgment without a hearing. For damages that have to be assessed — an unliquidated claim — you still have to prove the amount, usually at a settlement conference and, if needed, a trial or assessment hearing. Silence helps you, but it does not skip the proof for unliquidated claims.

What is "noting in default" in Ontario Small Claims Court?

Noting in default is the first formal step you take when a served defendant fails to file a Defence within the 20-day window. You file a request, and the clerk notes the defendant in default on the court record. Practically, it means the defendant is shut out of the normal process — they generally cannot file a Defence or take steps in the action without first getting the noting set aside. Noting in default is not the same as getting paid, and it is not always the same as final judgment. It is the gateway step that lets you move toward default judgment.

What is a default judgment?

A default judgment is a judgment you obtain because the defendant did not respond, not because a judge weighed both sides. After the defendant is noted in default, the clerk can sign default judgment for a debt or liquidated demand on Form 11B without a hearing. For unliquidated damages, you still have to prove the amount before judgment is granted. Either way, a default judgment is a real, enforceable court order for money. But like any judgment, it is an order that money is owed, not the money itself — you still have to collect it.

Do I automatically win if the defendant does not show up?

No. This is the single biggest misconception I correct. A no-show or non-response makes your path much easier, but it does not hand you an automatic win on whatever amount you wrote on the claim. For a straightforward debt, the clerk can sign judgment without a hearing. But for unliquidated damages — anything that has to be assessed — you still have to prove your entitlement and the amount. And a defendant noted in default can later move to set the default aside. "They didn't show, so I win" is not how it works for anything beyond a clean liquidated debt.

Do I still have to prove my case if the defendant does not respond?

For a debt or liquidated demand, no hearing is needed — the clerk can sign judgment. For an unliquidated claim, yes, you still have to prove it. Damages that have to be assessed — things like loss, harm, or a value that is not fixed by contract — must be established with evidence even when nobody is contesting them. The court will not simply rubber-stamp the number you claimed. In practice that means bringing your documents and being ready to prove both that you are owed something and how much, usually at a settlement conference and, if required, an assessment hearing or trial.

What if the defendant filed a defence but does not come to the settlement conference or trial?

If a Defence was filed but the defendant fails to attend the settlement conference (rule 13) or the trial (rule 17), the court can proceed without them. The judge may order costs against the absent party and may strike their Defence. If you then prove your claim, you can get judgment. But notice the condition: you still have to prove it. The defendant's absence removes their opposition; it does not remove your burden. For an unliquidated claim especially, you walk in expecting to establish your entitlement and amount, not to collect a default by default.

Can a default judgment be set aside or reversed?

Yes. A defendant who was noted in default, or against whom default judgment was signed, can bring a motion to set it aside. Generally the court looks for a reasonable explanation for why they defaulted, an arguable defence on the merits, and that they moved promptly once they learned of it. Courts can set aside on terms — for example, requiring the defendant to pay costs or post the amount. This is exactly why I tell plaintiffs not to treat a default judgment as the finish line: it can be reopened, particularly if there is any question about whether service was done properly.

How do I get a default judgment for a debt in Small Claims Court?

For a debt or liquidated demand — a fixed or readily calculable amount, like an unpaid invoice — the path is relatively clean. Serve the Plaintiff's Claim properly and keep proof of service. If no Defence is filed within the flat 20 days under rule 9.01, file your request to note the defendant in default. Because the amount is liquidated, the clerk can sign default judgment on Form 11B without a hearing. The keys are proper service and a genuinely liquidated number. If your claim is really for damages that must be assessed, this shortcut does not apply.

What happens after I get a default judgment — how do I collect?

Getting judgment and getting paid are two different things, and the court does not collect for you. A default judgment is an enforceable order, but if the defendant does not pay voluntarily, you have to enforce it. That can mean examining the debtor about their finances, then garnishing wages or a bank account, or registering a writ against property they own. Enforcement can take time and depends entirely on whether the debtor has income or assets. Before you celebrate a default judgment, it is worth asking whether the person on the other end can actually pay.

What if I am the defendant and I missed a date in Small Claims Court?

Do not assume it is hopeless — but move quickly. If you missed the 20-day window to defend and were noted in default, or a default judgment was signed, you can bring a motion to set it aside. The court generally wants a reasonable explanation for the default, an arguable defence, and prompt action once you learned of the problem. The same idea applies if you filed a Defence but missed a settlement conference or trial. Speed matters: the longer you wait, the harder it gets. Getting advice early, before enforcement starts, gives you the best chance.

Final thoughts

"The defendant didn't show up — now what?" has a satisfying answer and an honest one, and they overlap more than people expect. The satisfying part is real: a defendant who ignores your claim or skips their dates has given up most of their ability to fight you, and for a clean debt that can mean a quick, unopposed judgment. The honest part is that for anything you have to value or calculate, you still have to prove it, and any judgment you get still has to be collected.

If you treat a no-show as license to claim whatever you like, you will be disappointed. If you treat it as a case you can win cleanly — provided you served properly, claimed what you can prove, and prepared your evidence — you will usually be in a strong position. Whether you are the plaintiff moving for default or the defendant trying to undo one, the same themes decide it: proper process, real evidence, and acting promptly. If you want a clearer picture of the road from a Plaintiff's Claim onward, what happens after a statement of claim and the guide to representing yourself in Small Claims Court are both good next reads.

If you want a straight read on whether you can move for default, what you will need to prove, or how to respond to a default judgment against you, call 416-554-1639 or book a free consultation. A short conversation can usually tell you which track you are on and what your next move should be.