Defense Filing
Filing of Statement of Defense in Small Claims Court.
What is included
- Reviewing the claim against you and your documents
- Preparing the defence, and a defendant's claim if you have a claim of your own
- Filing the defence with the court and serving it on the plaintiff
- Explaining the settlement conference and the steps that follow
What is not included
- Court filing fees, searches, reports and other disbursements
- Claims over $50,000, injunctions, boundary or title disputes and other Superior Court of Justice matters, which are referred to a lawyer
- Serious personal injury claims, which usually belong in the Superior Court and are referred to a lawyer
- Enforcing a judgment once it is made, unless your service includes it
- Appeals
Who this service is for
- A person or business served with a Small Claims claim
- Someone who disputes all or part of what is being claimed
Information to have ready
- 1The plaintiff's claim and the date and way you were served
- 2Your contract, receipts, messages and other records about the dispute
- 3Names of anyone who saw what happened
Frequently asked questions
How much does it cost?
The fee is $450 plus 13% HST ($508.50 in all) for the work described on this page. Court, tribunal or government fees and other disbursements are extra. We confirm the scope and the fee in a written retainer agreement before any work starts.
What happens when I check out?
You book a time for your intake call, then save a card on Stripe's secure page. Nothing is charged today: the card is only charged later, for an invoice for work already done, as your retainer agreement sets out. A licensed paralegal confirms the details, checks for conflicts of interest and, if we can act for you, sends the retainer agreement. Fees paid before the work is done are held in our trust account.
What happens if I don't file a defence?
The plaintiff may have you noted in default and may then get judgment without a trial. If that has already happened, a motion to set it aside may be possible.
Can a licensed paralegal represent me in Small Claims Court?
Yes. Licensed paralegals in Ontario may represent defendants in Small Claims Court, including at settlement conferences, motions and trials.
General information only, not legal advice. NEO Legal Services Professional Corporation is a licensed paralegal firm regulated by the Law Society of Ontario.
Important limitations
- No outcome can be guaranteed
- Limited to what a licensed paralegal may do; Superior Court work is referred to a lawyer
- Deadlines, including the limitation period, depend on you acting promptly
- Claims over the Small Claims Court limit of $50,000, serious injury claims, injunctions, disputes over title or boundaries and other matters that must go to the Superior Court of Justice are outside a licensed paralegal's scope, so the firm does only the parts a licensed paralegal is permitted to do and refers the rest to a lawyer.
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