Dispute the claim
State why the claim is wrong and attach the documents relied on.
Form 9ARule 9.01
Served with a Small Claims Court claim in Ontario?
A defendant has 20 calendar days from service of the Plaintiff’s Claim (Form 7A) to serve and file a defence. Angelina Shuster, a paralegal licensed by the Law Society of Ontario, represents defendants in Small Claims Court across the GTA.
- Claims up to 50,000 dollars
- Defence: Form 9A
- English and Russian
Free assessment
Send the date you were served and who is suing.
Four ways to answer a Plaintiff’s Claim
Under the Rules of the Small Claims Court, O. Reg. 258/98, one defence can combine these answers.
Admit part, propose payments
Admit the amount owed and offer monthly terms; an objection leads to a payment hearing.
Rule 9.03
Raise a legal bar
Started over two years after discovery, split to fit the court’s limit, or aimed at the wrong person.
Limitations Act s.4Rule 6.02
Claim back
Against the plaintiff, a co-defendant or a third party, such as a subcontractor, over the same events.
Form 10ARule 10.01
The dates that run against a defendant
Each one is set by the Rules of the Small Claims Court and counted in calendar days.
20days
Serve and file the defence
From the day of service, not the day the claim was read.
Rule 9.0120days
Issue a defendant’s claim
From filing the defence; later only with leave.
Rule 10.0190days
Settlement conference held
Within 90 days of the first defence, unless it admits the whole claim.
Rule 13.01
Bring these papers to the free assessment
They fix the service date and show which answer fits.
- The Plaintiff’s Claim and every document attached to it.
- How and when it reached you: the envelope, courier slip or email that delivered it.
- The contract, quote or invoice the dispute is about.
- Payments and messages: receipts, texts and emails with the plaintiff.
- Photos and witness names about the work or goods.
If the 20 days have already passed
A default can still be challenged.
- Noted in defaultOn proof of service (rule 11.01).
- No defence without permissionOnly with the court’s leave or the plaintiff’s consent (rule 11.05).
- Default judgmentFor a debt or fixed sum, signed by the clerk without a hearing.
Rule 11.06: the court may set the default aside if
1the defendant has a defence with merit;
2there is a reasonable explanation for missing the date;
3the motion was brought as soon as reasonably possible.
After the defence is filed
A defended action under Rules 13 and 14.
- Defence served and filedWith proof of service; online everywhere except Toronto.
- Documents exchangedDocuments and witness lists 14 days before the conference (rule 13.03).
- Settlement conferenceA judge works to resolve or narrow the dispute, then does not hear the trial.
- TrialA defendant’s offer served 7 days before trial can bring up to double costs (rule 14.07).
Your representative in Small Claims Court
Law Society of Ontario By-Law 4 places Small Claims Court representation within a licensed paralegal’s scope of practice.
25+ yearsOf work on criminal and immigration files, as her profile sets out.
Same person throughoutFrom reading the claim to the conference.
Two languagesEnglish or Russian.
Office on Yonge StreetSuite 205, 10211 Yonge Street, Richmond Hill.
“I was greatly impressed by the efficiency with which Angelina handled our immigration case. All of our concerns, however minor, were promptly addressed by her. In addition to her efficiency she provided us with personal support at a time when it was most needed, the nerve-wracking days before the scheduled interview with the Immigration Officials. She reassured us and alleviated our fears, rational as well as irrational.”
Questions defendants ask about Small Claims Court
Can a paralegal defend me in Small Claims Court?
Yes. Under Law Society of Ontario By-Law 4, a licensed paralegal may represent a plaintiff or a defendant in the Small Claims Court.
If I lose, how much in costs can I be ordered to pay?
Section 29 of the Courts of Justice Act caps costs, other than disbursements, at 15% of the amount claimed, unless the court penalizes unreasonable behaviour.
Can what I say at the settlement conference be used at trial?
Rule 13 keeps settlement conference discussions confidential, and the judge who conducts the conference does not preside at the trial.
This page is general information about defending a Small Claims Court action in Ontario and is not legal advice. Reading it does not create a paralegal-client relationship. Won at trial? See enforcing a judgment.
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