Considering a counterclaim in Small Claims Court

If someone sues you, your response may involve both a defence and a claim of your own. In Small Claims Court, a defendant's claim can raise qualifying claims against the plaintiff or other people, subject to the rules and the court's jurisdiction.

Distinguish an argument that reduces the plaintiff's demand from a separate request for payment. Identify the facts, legal basis, amount, and documents supporting your own claim. Review the filing and service requirements promptly rather than assuming it can be added at trial. A counterclaim should advance a genuine dispute. Its value should be assessed alongside the risk of additional expense and complexity. Related proceedings or tribunal jurisdiction may also affect the right approach.

Consider a customer sued for an unpaid renovation balance who says the contractor also damaged flooring. The defence may dispute the balance, while a separate claim may seek the cost of repairing the floor. Each position needs its own facts and supporting documents. Do not assume that making an allegation in your defence automatically obtains an order requiring the plaintiff to pay you. Identify exactly what relief you want and how it relates to the proceeding already underway.

Prepare a comparison of the plaintiff's demand, your response, and any amount you seek independently. This can reveal double counting, inconsistent positions, or a dispute that is better addressed through a negotiated net payment. If another party may be responsible, assess that person's legal role before naming them. Additional claims can create service obligations and complicate scheduling. Review the current rules and limitation position early so the strategy is based on enforceable rights and proportionate procedure rather than a wish to match the plaintiff's demand.

Sources

• Ontario guide to replying to a claim
• Rules of the Small Claims Court O Reg 258 98

Read next: Missed a Small Claims Court defence deadline

General Ontario legal information, not legal advice for your matter, and reading it does not create a retainer. Sources checked 15 October 2026: check the current law, forms and dates before you act.

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This article is general information for people in Ontario, not legal advice. Rules, forms and deadlines change, and every situation is different. Check the current rule or speak to a licensed legal professional before you act.