Small Claims Court Series – Part 4: Defence

 
After a Plaintiff has issued a Claim, Defendant(s) have 20 days from the date they received the Plaintiff’s Claim to respond by completing a Defence [Form 9A].  
 
Once the Defence is completed, it must be served on every other party in the proceeding, including the Plaintiff and any other named Defendants. A Defence must be served in accordance with the Rules of the Small Claims Court, which states that it may be mailed, sent by courier, faxed, served personally or by an alternative to personal service. Once the Defence is served on all parties, one must complete an Affidavit of Service [Form 8A] and file both the Defence and the Affidavit of Service with the Court.
 
If a Defence and Affidavit of Service is not filed with the Court within 20 days, the Plaintiff my note the Defendant in default. If the Plaintiff has not yet noted the Defendant in default, the Defendant may still file a Defence. If the Defendant has been noted in default, then they must ask the Court for “leave” (i.e. permission) to file a Defence.
 
For more information on the Small Claims Court, consult the Rules of the Small Claims Court: http://ontariocourtforms.on.ca/en/rules-of-the-small-claims-court-forms/ and the Ministry of the Attorney General’s Website: https://www.attorneygeneral.jus.gov.on.ca/english/courts/scc/
 
Shene Harris
Shene Harris
P: 905 667-6403
sharris@rossmcbride.com