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Litigation

If someone sues me for breach of contract, can I sue them back in the same case in Ontario?

TSL Written by the Treadstone Law team· Updated June 2026

Yes. In Ontario civil litigation, a defendant who has been sued for breach of contract can file a counterclaim against the plaintiff in the same action. The counterclaim sets out the defendant's own claim against the plaintiff and is resolved at the same trial, avoiding duplicative proceedings.

A counterclaim can be for the same subject matter — for example, if the plaintiff claims you breached the contract and you say they breached it first — or it can be a separate claim arising from a different transaction between the same parties.

In Superior Court proceedings, a counterclaim must be served and filed within a specific time after delivering a statement of defence. Failing to bring a related claim as a counterclaim can sometimes cause problems later if you try to start a separate action, because the court may consider whether the issues ought to have been raised in the original litigation (issue estoppel or abuse of process).

In Small Claims Court, a defendant can make a "defendant's claim" against the plaintiff or a third party. The procedure is somewhat simpler, and the amount in dispute stays within the Small Claims limit.

Raising a counterclaim early and strategically — not just defensively — can sometimes shift the litigation dynamic significantly.

Key takeaways

  • Defendants can file counterclaims against plaintiffs in the same Ontario proceeding.
  • Counterclaims avoid duplicative litigation and are resolved at the same trial.
  • File within the required timeframe — late counterclaims may be refused.
  • In Small Claims Court, a defendant's claim is the equivalent procedural vehicle.
This is general information, not legal advice. It doesn’t create a lawyer–client relationship, and the rules can change. For advice on your situation, a Treadstone litigation lawyer can help.
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