Small Claims Court Series - Part 5: Defendant’s Claim
This is Part 5 of our 9-Part Series on Small Claims Court proceedings. Last week we provided an overview of Defences. This week we will be discussing a Defendant’s Claim:
In addition to filing a Defence [Form 9A], a party who is served with a Plaintiff’s Claim may also file a Defendant’s Claim [Form 10A] if they believe that they have a claim against the Plaintiff, or that another party should be responsible for paying the Plaintiff’s Claim.
When you serve a Defence but have a Defendant’s Claim, the Defence should also state that the Defendant has a claim against the Plaintiff, or that another party is responsible for the Plaintiff’s loss. A Defendant’s Claim must be filed with the Court no later than 20 days after serving the Defence.
The Defendant’s Claim must then be served on the other party or parties, and filed with the Court along with an Affidavit of Service [Form 8A], confirming that each party has been served. The Rules of the Small Claims Court
contain specific rules about how Court documents must be served; these rules should be carefully reviewed to ensure that documents are served properly.
Once a Defendant’s Claim is served, the Plaintiff or the other party can file a Defence to the Defendant’s Claim within 20 days of being served with the Defendant’s Claim.
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/