Request for Clerk’s Order on Consent (Form 11.2A) – Rules of the Small Claims Court Forms – Ontario Court Services
The “Request for Clerk’s Order on Consent” (Form 11.2A) is a document used in the Ontario Superior Court of Justice, specifically within the Small Claims Court. This form allows parties to request specific orders from the clerk, based on mutual consent, without needing a judge’s direct involvement. This form streamlines the process of making procedural changes in a small claims case by obtaining mutual agreement from all parties involved, thus reducing the need for court hearings and expediting administrative adjustments.
This form is used in the Ontario Superior Court of Justice, Small Claims Court, to request specific orders based on the agreement of all parties involved. Below are the steps to complete this form accurately:
Claim Information
- Claim Number: Enter the court-assigned claim number in the designated field.
- Plaintiff and Defendant Information: For each party, fill in the required information:
- Name: Include the last name or company name, first name, and any other known names.
- Address: Provide the full address, including street number, apartment/unit, city/town, province, postal code, and phone number.
- Email Address: Supply a valid email address for communication purposes.
- Representative Information (if applicable): Include the representative’s name, Law Society of Ontario number, address, phone number, and email address.
Request Details
- Filing Party: Indicate the name of the party submitting the request.
- Confirmation Statements
- Check the box confirming that each party has received a copy of the form.
- Confirm that no affected party is under disability.
- Check the box stating that the form has been signed and consented to by all parties involved, including any to be added, deleted, or substituted.
Types of Orders
Select the appropriate boxes for the orders you are requesting. You may choose more than one:
- Set Aside Noting in Default: Specify the name(s) of the defendant(s).
- Set Aside Default Judgment: Specify the name(s) of the defendant(s).
- Restore Dismissed Matter: Provide details of the matter to be restored.
- Cancel Examination Hearing: Specify the name of the person to be examined.
- Withdraw Writ of Seizure and Sale of Land: Indicate the debtor(s) and the sheriff’s office.
- Withdraw Writ of Seizure and Sale of Personal Property: Indicate the debtor(s) and the bailiff’s office.
- Terminate Notice of Garnishment: Specify the name of the debtor(s) and the garnishee.
- Note Payment in Full Satisfaction: Check the box if payment has been made in full satisfaction.
- Dismiss Claim: Indicate whether you are dismissing the Plaintiff’s Claim or the Defendant’s Claim.
- Amend Claims or Defenses: Attach two copies of the amended document.
- Add/Delete/Substitute Parties: Provide the names of the parties being added, deleted, or substituted and attach necessary documents.
Signatures and Consents
- Party Signatures: Each party involved must sign the form. If there are additional parties, attach a supplementary sheet with their signatures.
- Witness Signatures: Each signature must be witnessed. Witnesses should also print their names and dates of signature.
Clerk’s Disposition
- This section will be completed by the court clerk after reviewing the request.
- Clerk’s Decision: The clerk will indicate whether the order is granted or refused, along with any reasons for refusal.
Additional Notes
- Language Accessibility: Forms are available in both English and French on the Ontario Court Forms website.
- Attachments: Ensure any necessary attachments, such as amended claims or defenses, are included.
Following these steps will help ensure that the “Request for Clerk’s Order on Consent” (Form 11.2A) is completed accurately and processed efficiently. If you have any questions or need further assistance, consider consulting a legal professional or contacting the court for guidance.