Request to Clerk (Form 9B) – Rules of the Small Claims Court Forms – Ontario Court Services
The “Request to Clerk Form 9B” is a standardized legal document used in the Small Claims Court of Ontario. It is regulated under Ontario Regulation No. 258/98. This form is designed for parties involved in a small claims court case to make specific requests to the court clerk. This document is essential for parties in a small claims case to formally communicate with the court clerk regarding procedural matters such as default judgments, hearings, and payments.
This form is used in the Ontario Small Claims Court for various procedural requests. Follow these steps to fill out the form accurately:
Court and Case Information
- Small Claims Court Address and Phone Number: Fill in the address and phone number of the Small Claims Court where your case is being handled.
- Claim No.: Enter the claim number assigned to your case.
- Plaintiff(s) and Defendant(s): Fill in the names of the plaintiff(s) and defendant(s) as they appear on the original claim.
To the Clerk of the Small Claims Court
- Small Claims Court Location: Enter the name of the Small Claims Court location.
Party Information
- Your Name: Write your full name or the name of your representative.
- Request to Clerk: Check the appropriate box(es) for your request(s):
- Note Defendant(s) in Default: Check this box if the defendant(s) failed to file a Defence (Form 9A) within the prescribed time-period.
- Name of Defendant(s): Enter the name(s) of the defendant(s) who failed to file a Defence.
- Schedule an Assessment Hearing: Check this box if all defendants have been noted in default and you need an assessment hearing.
- Schedule a Terms of Payment Hearing: Check this box if you dispute the defendant’s proposed terms of payment in their Defence (Form 9A).
- Schedule a Trial: Check this box if you need to schedule a trial.
- Accept Payment into Court: Check this box and fill in the amount if you need the court to accept a payment according to an order.
- Amount: Specify the payment amount.
- Order Date: Enter the date of the court order.
- For a Person Under Disability: Check this box if the payment is for a person under disability according to an order or settlement.
- Order or Settlement Date: Enter the date of the order or settlement.
- Pursuant to a Written Offer to Settle: Check this box if the request is according to an attached written offer to settle.
- Offer Date: Enter the date of the written offer to settle.
- Other: Specify any other request not listed above.
- Note Defendant(s) in Default: Check this box if the defendant(s) failed to file a Defence (Form 9A) within the prescribed time-period.
Additional Information
- Legislation: If your request is according to specific legislation, name the statute or regulation and section.
Signature
- Date: Enter the date when you are signing the form.
- Signature: Sign the form. If you are a representative, sign on behalf of the party you represent.
Caution and Additional Instructions
- Read the caution section carefully to understand the requirements for obtaining an assessment of damages.
- If you need to bring a motion in writing for an assessment of damages, you must file a Notice of Motion and Supporting Affidavit (Form 15A).
Forms are provided in both English and French. By following these instructions, you can ensure that your Request to Clerk Form 9B is completed accurately and efficiently.