Ministry of the Attorney General Français
Ministry of the Attorney General

Guide to Money Paid into Court

Small Claims Court

Ministry of the Attorney General

About this guide:

The information contained in this guide is simply an overview of the relevant legislation and rules of procedure. It is not intended to be a substitute for the Rules of the Small Claims Court, which should be examined for specific information. Nothing contained, expressed or implied in this guide is intended as, or should be taken or understood as, legal advice. If you have any legal questions, you should see a lawyer or licensed paralegal.

Guides are available in English and French at www.ontario.ca/attorneygeneral. Visit this site for information about accessible formats.

Les guides sont affichées en anglais et en français sur le site www.ontario.ca/procureurgeneral. Visitez ce site pour des renseignements sur des formats accessibles.

Where to get more information:

The Ministry of the Attorney General has a series of guides to Small Claims Court procedures which are available at court offices and the Ministry of the Attorney General website at

www.ontario.ca/attorneygeneral:

Small Claims Court forms are available at court offices and at the following website:

www.ontariocourtforms.on.ca. You can find tips on completing forms at the end of this guide.

The staff behind the counter at any Small Claims Court office are helpful. They will answer your questions about Small Claims Court procedures, but keep in mind that they cannot give legal advice and they cannot fill out your forms for you.

For more detailed information, you should refer to the Rules of the Small Claims Court. It is a regulation made under the authority of the Courts of Justice Act. To view the Rules on-line, go to www.e-laws.gov.on.ca and follow these steps:

Special thanks to the Province of British Columbia whose Small Claims Court self-help materials served as a model for this series of Guides.

ISBN 978-1-4606-4407-2

© Queen's Printer for Ontario, 2014

Table of Contents

Inside this guide:

  1. Introduction
  2. When should I pay money “into court”?
  3. How do I pay money “into court”?
  4. Where do I send my request to pay money “into court”?
  5. How do I get money paid “out of court”?
  6. Where do I send my request for money to be paid out of court?
  7. Money was paid “into court” for me and I have just turned 18 and I want to receive it. What do I do?

Introduction

This guide outlines the process for paying money “into court” and the process for having money paid “out of court” under Rule 22 of the Rules of Small Claims Court. When money is paid “into court”, it is sent to the Accountant of the Superior Court of Justice. The Accountant holds the money and will pay the money out as ordered to by a judge.

When should I pay money “into court”?

You may be required to pay money into court for the following reasons:

How do I pay money “into court”?

If you are paying money “into court” under Rule 22 you must first prepare a written request to the Accountant explaining why you are required to pay the money into court. Be sure to include your name, address and court file number. Use the “Request to Pay Money into or out of Court” available on the Ontario Court Forms website at www.ontariocourtforms.on.ca and complete Section A.

Where do I send my request to pay money “into court”?

You can mail your request along with your payment to:

The Accountant of the Superior Court of Justice

595 Bay Street, 8th Floor
Toronto ON M5G2M6

Litigant Inquiry: 416-314-8692

Minor Inquiry: 416-314-2477

If you are paying by cheque or money order, make it payable to “the Accountant of the Superior Court of Justice”. Once your payment is processed, the Accountant’s office will mail you a receipt.

You may also take your request directly to the address above. The Accountant’s storefront office is located on the main floor of 595 Bay Street at the northeast corner of Dundas Street West and Bay Street in Toronto. Or, you can take your request to the court office where your file is located.

You will receive four copies of a form called a Direction to Receive Funds, which includes the name of the bank where you can make your deposit, and all the information the bank needs to accept your deposit. You need to provide the bank clerk with the four copies of the Direction to Receive Funds and your payment. Once your deposit is processed, the bank clerk will give you a receipt or stamp your copies of the Direction to Receive Funds.

In both situations, once you receive your receipt (or stamped Direction) showing that you paid money “into court”, you must give a copy to each of the other parties to your case and give one copy to the court office. Keep one copy for your records.

How do I get money paid “out of court”?

If money was paid “into court” under an order, statute or court rules, and the court has ordered that you should receive the money that was paid “into court”, Rule 22 of the Small Claims Court Rules sets out the procedure to follow. First, prepare a Request to Pay Money into or out of Court and complete Section B. Attach a copy of the endorsement record stamped with a red court seal.

You will need to have your affidavit commissioned by swearing or affirming the information contained in the affidavit is accurate before one of the following:

Please complete the Direct Deposit form available at www.ontariocourtforms.on.ca and payment will be made directly to your bank account. If you do not complete this form, a cheque will be sent to your mailing address.

Where do I send my request for money to be paid out of court?

Mail your completed Affidavit and the court order to:

The Accountant of the Superior Court of Justice

595 Bay St, 8th Floor
Toronto ON M5G2M6

Litigant Inquiry: 416-314-8692

Minor Inquiry: 416-314-2477

You can also take your completed and commissioned documents to the Accountant’s office in person. The Accountant’s storefront office is located on the main floor of 595 Bay Street at the northeast corner of Dundas Street West and Bay Street in Toronto.

Money was paid “into court” for me and I have just turned 18 and I want to receive it. What do I do?

If the money you are entitled to was being held by the court until you turned 18, you will receive forms in the mail from the Accountant of the Superior Court of Justice shortly before you turn 18, along with instructions to help you complete the forms. If you did not receive your package, contact the Accountant at the address noted above, or at 416-314-2477.

Tips on Completing Forms in Small Claims Court

  1. BE NEAT. These are court documents. All court forms must be typed, handwritten or printed legibly. It may cause delays if your forms cannot be read. Forms are available at court offices and at the following website: www.ontariocourtforms.on.ca.
  2. How to COUNT DAYS FOR TIMELINES in the Rules of the Small Claims Court:

    When calculating timelines in the Rules, count the days by excluding the first day and including the last day of the period; if the last day of the period of time falls on a holiday, the period ends on the next day that is not a holiday. The court can order, or the parties can consent to, the shortening or lengthening of the time prescribed by the Rules. Holidays include:

    • any Saturday or Sunday
    • New Year’s Day
    • Family Day
    • Good Friday
    • Easter Monday
    • Victoria Day
    • Canada Day
    • Civic Holiday
    • Labour Day
    • Thanksgiving Day
    • Remembrance Day
    • Christmas Day
    • Boxing Day
    • any special holiday proclaimed by the Governor General or the Lieutenant Governor

    NOTE: If New Year’s Day, Canada Day or Remembrance Day falls on a Saturday or Sunday, the following Monday is a holiday. If Christmas Day falls on a Saturday or Sunday the following Monday and Tuesday are holidays, and if Christmas Day falls on a Friday, the following Monday is a holiday.

  3. At the top of the forms, fill in the NAME AND ADDRESS OF THE COURT where you are filing the documents.
  4. Once court staff provides a COURT FILE NUMBER, make sure it is written on the upper right-hand corner of ALL your documents.
  5. Bring enough COPIES of your completed forms to the court office. Usually you will require one copy for each party who must be served and one copy for your own records. In most cases, the court will keep the original form. There is a fee to have copies made at the court office. Refer to the “Guide to Fee Schedules” for more information.
  6. COURT FEES must be paid to issue and file specific documents. Refer to the “Guide to Fee Schedules” for more information. Fees are payable in Canadian funds, and can be paid by cash, cheque or money order payable to the Minister of Finance. If you cannot afford to pay court filing or enforcement fees, you may request a fee waiver. The fee waiver applies to most fees in Small Claims Court proceedings. More information about fee waiver is available at any court office and on the Ministry of the Attorney General website at www.ontario.ca/attorneygeneral.
  7. An AFFIDAVIT can be sworn or affirmed before:
  8. These individuals are authorized to commission oaths.

    You should come to the commissioner with identification and the unsigned document. The commissioner will ask you to swear or affirm that the information in the affidavit is true and will ask you to sign the affidavit. The affidavit must be signed in front of the commissioner, since they will certify that it was sworn or affirmed in their presence.

    NOTE: It is a criminal offence to swear or affirm an affidavit you know is false.

  9. If your ADDRESS FOR SERVICE changes, you must serve written notice of the change on the court and all other parties within seven (7) days after the change takes place.