Ontario Small Claims Court: The Defendant's Complete Guide

Step 1: Read the Plaintiff's Claim Carefully

When served, you receive a Plaintiff's Claim (Form 7A). It will state:

• Who is suing you (the plaintiff)
• The amount claimed (up to $35,000 plus interest and costs)
• The reason for the claim
• Your deadline to file a Defence: 20 days from service

Step 2: File a Defence (Form 9A)

File your Defence at the Small Claims Court office where the claim was filed. You can file:

• In person at the courthouse
• By mail (ensure it arrives within 20 days)
• Online through the Ontario Court Services website (select locations)

Your Defence should clearly set out why you dispute the claim. You do not need to disprove everything at this stage — you just need to raise a legitimate dispute.

Defendant's Claim: Sue Back

If you believe the plaintiff owes you money related to the same dispute, you can file a Defendant's Claim (Form 10A) at the same time as your Defence. This allows the judge to consider both claims at one trial. Examples:

• Client sues for defective work → You counterclaim for unpaid invoices
• Landlord sues for damages → Tenant counterclaims for illegal entry or failing repairs
• Seller sues for balance → Buyer counterclaims for misrepresentation

The Settlement Conference

Before trial, both parties attend a Settlement Conference before a judge or deputy judge. This is:

• Mandatory for all defended claims
• Confidential — statements made at the conference cannot be used at trial
• An opportunity to narrow issues, exchange documents, and reach a settlement
• The judge may give an informal opinion on the strengths and weaknesses of each side

Trial: What to Expect

If the matter doesn't settle, it proceeds to trial before a deputy judge (often an experienced lawyer sitting as an adjudicator). At trial:

• Both sides present evidence and question witnesses
• Rules of evidence are relaxed (hearsay is allowed, weight is assessed by the judge)
• The judge decides and may give a decision from the bench or in writing later
• Costs (legal fees) can be awarded — up to 15% of the claim if you win

If You Lose: Responding to Enforcement

If judgment is entered against you, the plaintiff can enforce it by:

• Garnishing your wages (up to 20% of net wages)
• Seizing your bank accounts
• Registering a writ of seizure against your real property
• Requiring you to attend a Debtor's Examination

You can also ask the court to schedule a payment plan if you cannot pay the full judgment at once.