Served with a Small Claims Court claim in Ontario

A Plaintiff's Claim requires a prompt response even when you believe the allegations are wrong. In Ontario Small Claims Court, the usual deadline to serve and file a defence is 20 days after service. The calculation and your default status need attention immediately.

Keep the claim, attachments, envelope, and a record of how and when you received them. Build a response that addresses the allegations and identifies your own documents. A message to the plaintiff explaining your position does not replace a properly served and filed defence. If the deadline has passed, obtain advice about whether a defence can still be filed or whether a motion is necessary. Waiting for settlement discussions to finish can leave you exposed to default proceedings.

Read the claim allegation by allegation. Mark the statements you admit, those you dispute, and those requiring clarification, then connect your response to the relevant records. A defence that only says the claim is unfair may leave the real disagreement unexplained. If the plaintiff alleges that an invoice was never paid, for example, identify the payment date, amount, recipient, and bank record. If the issue is defective work, explain what was promised and what went wrong.

Create a separate list of procedural tasks, including confirming the correct court file, arranging service, filing the defence, and retaining proof of both steps. Keep settlement correspondence organized separately from the evidence you expect to use at a hearing. Tell your representative about any agreement, insurance coverage, related proceeding, or claim you may have against another person. An early assessment helps determine whether the response should include a payment proposal, a denial supported by records, or a separate defendant's claim.

Sources

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

Read next: What an Ontario demand letter should accomplish

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.

Photos from Pexels: A judge's gavel and sound block · The Frontenac County Court House in Kingston, Ontario.

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.