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.mo. in reply to @Trunkie

I see.

They missed their own settlement date and never signed their own agreement.
The case was then automatically sent for mediation. They missed the call from the mediator so it was then automatically forwarded to the court and we both submitted evidence.

this shows them in a bad light, you have proof of your attempt(s).

Hypothetically if you did try and settle out of court but it was not enough, the small claims court is the next step.
If they owe you money and are saying its your fault you haven't got it back but you can prove that's false the SCC is only option and they should rule in your favour.

As you are the claimant you provide all your evidence first and they have to counter it.
You may be asked for proof of their "well we tried" statement but they must show evidence of this too. They can't, you may not have to worry. They can't just say it, they have to prove it. If it cant ever be proven it wont be considered.

I'm not a lawyer but I've had someone claim against me (I "owed") and I won. It didnt get to a hearing, they gave up and cancelled it absorbing the fee.

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Trunkie in reply to @.mo.

Ah I see a pertinent piece of information I left out here is that the Judge has issued the court order without a hearing. So we both had to submit our evidence by a deadline date. This is why I'm unsure if I can submit further evidence now. And I won't get a chance to explain in court.

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musa in reply to @Trunkie

what does the court order say? they should be some lines with next steps

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