Served With a Small Claims Claim in Ontario? How to Defend It
If you have been served with a Plaintiff's Claim, the clock is already running — you have 20 days to file a Defence or risk a default judgment. A step-by-ste...
Frequently Asked Questions
How long do I have to respond to a Small Claims claim in Ontario?
Twenty calendar days from the day you were served with the Plaintiff's Claim. Within that time you must serve and file a Defence (Form 9A) with the court. The deadline is counted in calendar days, not business days, so act quickly.
What happens if I ignore a Small Claims Court claim?
If you do not file a Defence in time, the plaintiff can have you noted in default and obtain a default judgment — a court order that you owe the money, often granted without you present. You can try to undo it with a motion to set aside, but that costs time and money and is not guaranteed. Filing a Defence on time is far easier.
Can I sue the person back who sued me?
Yes. If the plaintiff owes you money, or if a third party is really responsible, you can file a Defendant's Claim (Form 10A) to counterclaim or bring in that third party. It has its own filing fee and is usually filed within 20 days after you deliver your Defence.
What is a settlement conference?
It is a mandatory meeting under Rule 13, scheduled automatically once a Defence is filed and usually held within about 90 days. A judge or deputy judge — who will not be your trial judge — meets with both sides to try to settle the case, narrow the issues, and give a candid, non-binding view of each side's chances. Many cases resolve there.
Do I need a paralegal to defend a Small Claims claim?
You are allowed to represent yourself, but a licensed paralegal can draft your Defence, identify defences such as a missed limitation period, file a Defendant's Claim where appropriate, and represent you at the settlement conference and trial for claims up to $50,000. Given the 20-day deadline, it is worth getting advice early.
Contact Legal Assist
Legal Assist Paralegal Services — Licensed by the Law Society of Ontario. Serving London, Ontario and Southwestern Ontario. Call 226-272-5153 or email jeanfrancois@legalassist.london for a free consultation.