What is a Defendant's Claim in Small Claims Court and when would I use one?

A Defendant's Claim (Form 10A) is the Small Claims Court mechanism that allows a defendant to bring their own claim in the same proceeding. It is roughly equivalent to a counterclaim in the Superior Court. If someone sues you for money but you also believe they owe you money arising from the same or a related dispute, filing a Defendant's Claim lets the court decide both sides of the dispute at once rather than in separate proceedings.

A Defendant's Claim can be filed against the plaintiff, against a third party who is not yet part of the case, or against both. There is a filing fee for a Defendant's Claim, and the same $35,000 limit applies — any Defendant's Claim that exceeds the limit must be brought in the Superior Court or voluntarily reduced.

You must file the Defendant's Claim within the time allowed by the Rules of the Small Claims Court (generally before the Settlement Conference). Filing it late may require the court's permission. If you believe you have a valid counter-claim, acting promptly and serving the necessary parties correctly is important.