How to Defend a Small Claims Court Claim in Ontario

Being served with a Plaintiff's Claim can feel alarming — but receiving court papers is not the end of the world, and it is definitely not a reason to panic or do nothing. Ontario's Small Claims Court handles disputes up to $35,000 (as of writing; verify the current limit at ontario.ca) and is designed to be accessible to people without legal training. That said, the rules are real, the deadlines are firm, and ignoring a claim can cost you far more than dealing with it head-on.

This guide walks you through what to do after you've been served, step by step, from a defendant's perspective.

Step 1 — Read the Claim Carefully

The Plaintiff's Claim (Form 7A) sets out who is suing you, for how much, and why. Read it closely and note:

• The amount claimed — is it within the $35,000 limit (as of writing)?
• The reason for the claim — debt, property damage, breach of contract, unpaid services?
• The court location — Small Claims Court is a branch of the Superior Court of Justice; the claim will name the specific courthouse.
• The date of service — this is the date that starts your response clock.

Step 2 — Know Your Deadline to File a Defence

This is the most important date you need to know. As of writing, you have 20 days after the day you were served to file a Defence — but verify the current rule in the Small Claims Court Rules before you rely on this figure, because court rules can change.

If you miss this deadline, the plaintiff can ask the court for a default judgment against you — meaning the court may award them the amount they claimed without ever hearing your side of the story.

What counts as "served"?

Service rules are technical. You may be considered served on the day the claim was handed to you, or a set number of days after it was mailed or sent by courier or email. Check the endorsement on the claim or ask the courthouse clerk how service was recorded.

Step 3 — Gather Your Evidence Now

Even before you file anything, start collecting:

• Contracts, invoices, receipts, or quotes related to the dispute
• Text messages, emails, or letters between you and the plaintiff
• Photographs or videos of the subject matter (a vehicle, property, product)
• Bank records or payment confirmations showing what you paid or did not owe
• Names and contact details of witnesses who can support your version of events
• Any prior court orders or settlement agreements connected to this matter

Evidence you gather now will form the foundation of your Defence and, if needed, your Defendant's Claim (counterclaim).

Step 4 — File Your Defence (Form 9A)

A Defence in Ontario Small Claims Court is filed on Form 9A — Defence. You can download it from the Ontario Courts website. The form asks you to:

1. Admit, deny, or dispute each allegation in the claim
2. State your reasons for disputing the claim in plain language
3. List witnesses you intend to call at trial
4. Provide your contact information

You file the completed form at the courthouse named in the Plaintiff's Claim. There is a filing fee (verify the current amount with the courthouse; fees are updated periodically). The clerk will stamp your copy and send a copy to the plaintiff.

Tips for completing Form 9A

• Be specific. "I disagree" is not enough — explain why you disagree and include any key facts.
• Keep it factual and professional. The form is not the place to vent frustration.
• Double-check names, dates, and dollar figures before you file.
• Keep a stamped copy for your records.

Step 5 — Consider a Defendant's Claim (Counterclaim)

If you believe the plaintiff actually owes you money arising from the same transaction or event, you can file a Defendant's Claim (Form 10A). This allows you to pursue your own claim against the plaintiff (and potentially others) within the same proceeding.

Common reasons defendants file a counterclaim:

• The plaintiff was the one who breached the contract, causing you losses
• You performed work or provided goods the plaintiff has not paid for
• The plaintiff's conduct caused you independent damage

A Defendant's Claim must also be filed within the same 20-day window (as of writing — verify). It is subject to the same $35,000 limit as any other Small Claims matter.

Disputing the Amount vs. Disputing the Whole Claim

You do not have to dispute everything. Your Defence can:

• Admit liability but dispute the amount — for example, you agree you owe something but not the figure the plaintiff is claiming.
• Dispute liability entirely — you deny that you owe anything.
• Raise a partial defence — you acknowledge some facts but argue others are wrong or missing context.

Being precise about what you do and do not dispute can make settlement negotiations faster and trial preparation cleaner.

What Happens After You File?

Once your Defence is on file, the court will schedule a Settlement Conference — a mandatory meeting (often with a judge or deputy judge) to see if the case can be resolved without a full trial. Many Small Claims matters settle at or before this stage. If no settlement is reached, the matter proceeds to Trial.

Frequently asked questions