If you have been served with a Plaintiff’s Claim, you have 20 calendar days from the date of service to file a Defence with the court. Failure to respond within this strict timeline may result in an automatic default judgment/noting in default against you, giving the plaintiff the right to obtain a judgment from the court and begin enforcing collection remedies such as wage garnishment, bank account seizure, or property liens.

To file your Defence, you must use the standard Defence (Form 9A), which is available online or at any Small Claims Court office in Ontario. If there are multiple plaintiffs or defendants, you must also complete and attach an Additional Parties (Form 1A) behind page one of the Defence form.

The Defence Form includes three essential sections:

1. Identification of Parties and Court Information

• In this section, provide the following:

• Claim number (from the top-right corner of the Plaintiff’s Claim)

• Your full legal name, address, and telephone number

• The plaintiff’s name, address, and lawyer/agent contact details

• Accuracy is critical—errors here can result in administrative delays or improper service.

2. Your Position on the Claim

You must select one of three options that reflect your position:

• “I dispute the claim made against me.” Use this option if you deny all allegations or assert that you do not owe any amount claimed.

• “I admit the full claim and propose the following terms of payment.” This is appropriate if you agree with the full amount claimed but seek to propose a payment plan.

• “I admit part of the claim in the amount of $___ and propose the following terms of payment.” Use this option if you agree with a portion of the debt but dispute the remainder.

• If proposing a payment schedule, ensure the terms are realistic and that you can meet the obligations. The plaintiff may accept your terms or request a hearing to address the disputed portion or modify the payment plan.

3. Statement of Defence: Explaining Your Position

This section is your opportunity to present your side of the story:

• Explain what happened, when it happened, and where it happened.

• Clearly admit or deny the factual allegations made by the plaintiff.

• Identify any key facts or documents that support your defence, such as contracts, receipts, emails, or photographs.

If you are relying on documents not included in the Plaintiff’s Claim, you must attach them to your Defence. If a document is relevant but unavailable, you must explain why.

Once your Defence is completed:

• File the Defence at the same Small Claims Court where the Plaintiff’s Claim was filed. A court filing fee applies.

• Serve a copy of the Defence on the plaintiff or their legal representative.

• File an Affidavit of Service (Form 8A) with the court to prove that the plaintiff has been properly served.

Consider a Defendant’s Claim If you believe that:

• The plaintiff owes you money, or

• Another party is liable for the damages being claimed against you,

• You may file a Defendant’s Claim (Form 10A). This is a separate but related action that can be filed alongside your Defence. Strategic use of a Defendant’s Claim can shift liability or even result in a net judgment in your favour.

After the Defence is filed, the court will automatically schedule a settlement conference before a deputy judge. The purpose is to:

• Clarify issues in dispute

• Encourage settlement

• Discuss evidence

• Set a roadmap for trial

If the matter is not resolved at the settlement conference, a trial date will be assigned. At trial, both parties will present their evidence and witnesses, and the judge will render a final decision.

Not every Plaintiff’s Claim is strong enough to proceed. Under Rule 12.02 of the Rules of the Small Claims Court (O. Reg. 258/98), the court may strike out or amend all or part of a pleading if it:

• Discloses no reasonable cause of action or defence

• May delay or prevent a fair trial

• Is inflammatory, frivolous, vexatious, or an abuse of process

If successful, the court may dismiss the entire action before it proceeds to trial. At Haider Khan Legal P.C., we regularly assess the viability of preliminary motions to defeat weak or defective claims at an early stage.