Terms of Settlement (Form 14D) – Rules of the Small Claims Court – Ontario Court Services

The Terms of Settlement (Form 14D) is a legal document used in the Ontario Superior Court of Justice, specifically within the Small Claims Court, to record the settlement terms agreed upon by the parties involved in a legal dispute. The form is designed to provide a clear and formalized agreement that outlines the resolution of the claim, ensuring that both parties understand and agree to the terms set forth. The form is available in both English and French, with additional resources and accessible formats provided through the Ontario Court Forms website. This structured format ensures clarity, legal enforceability, and mutual understanding of the settlement, thereby facilitating a smooth resolution to the legal dispute.

Filling out Form 14D is a crucial step in formally resolving a dispute in the Ontario Superior Court of Justice’s Small Claims Court. Follow these steps to complete the form correctly:

Header Information

1. • Court Information: At the top of the form, ensure the court name (Ontario Superior Court of Justice) and the specific division (Small Claims Court) are correctly listed.
   • Form Identification: Verify that the form number (Form 14D) and Ontario Regulation number (Ont. Reg. No.: 258/98) are present.

Claim Information

1. • Address and Phone Number: Enter the address and phone number of the court handling the case.
   • Claim Number: Fill in the unique claim number assigned to the case.

Parties Involved

1. • Plaintiff(s) and Defendant(s): Write the full names of all plaintiffs and defendants involved in the case. Ensure that names are spelled correctly and listed as they appear in court records.

Settlement Terms

1. • Payment Details
     • Name of Paying Party: Indicate the name(s) of the party or parties who will be making the payment.
     • Name of Receiving Party: Indicate the name(s) of the party or parties who will be receiving the payment.
     • Settlement Amount: Specify the total amount to be paid as a full and final settlement of the claim, including any interest and costs.
     • Payment Terms: Detail the terms of payment, including the start date, frequency of payments (e.g., monthly), amount per installment, and duration until the full amount is paid. For example, “Payments of $500 on the first of each month starting August 1, 2024, for 12 months.”

Withdrawal of Claims

1. • Clause: Indicate that the claim and any defendant’s counterclaims are withdrawn. This confirms that both parties agree to end the legal proceedings based on the settlement terms.

Non-Compliance Clause

1. • Judgment Provision: State that if any party fails to comply with the settlement terms, judgment may be obtained against the non-compliant party, or the action may continue as if no settlement had been reached.

Release of Claims

1. • Release Clause: Include a provision that, upon compliance with the settlement terms, both parties release each other from all claims related to the facts and issues raised in the action. This ensures finality to the dispute.

Signatures

1. • Signatures and Dates: Each party involved in the settlement must sign the form in the presence of a witness. The witness must then sign immediately after the party. Include the date of each signature.
   • Additional Parties: If there are more parties involved, attach a separate sheet following the same format for signatures and witnesses.

Final Steps

1. • Review: Before submitting, review the form for completeness and accuracy. Ensure that all sections are filled out correctly and that there are no blank spaces. Initial any lines that do not apply.
   • Submit: Once completed and signed, submit the form to the appropriate court office. Keep copies for your records and provide copies to all parties involved.

By following these steps, you can ensure that the Terms of Settlement (Form 14D) is properly filled out, facilitating a smooth and legally binding resolution to your dispute.