Defending a Small Claims Court Case: Defending Small Claims Court Ontario

ARTICLE 32 | SMALL CLAIMS COURT

Primary search phrase: defending Small Claims Court Ontario

General public legal education | Ontario focus with Canada-wide context | Not individualized legal advice

People searching for information about defending Small Claims Court Ontario may be unsure what to do after receiving a Plaintiff’s Claim. The process is intended to be accessible, but defendants still face deadlines, filing requirements, disclosure obligations, and court appearances. This article explains the general defence process, what may happen after a Defence is filed, and why a claim should not be ignored.

What Does It Mean to Defend a Small Claims Court Case?

Defending a Small Claims Court case means responding to the allegations and relief requested in a claim. A defendant may dispute all or part of the claim, admit some or all of it, or propose terms of payment where appropriate. The response depends on the facts and applicable law.

Filing a Defence does not prove that the defendant will succeed. It identifies what is disputed and why. If the case reaches trial, the plaintiff must prove the claim and the defendant may present evidence and legal arguments in response.

Defending Small Claims Court Ontario: Start With the Claim and the Deadline

A person served with an Ontario Plaintiff’s Claim (Form 7A) should identify the court file, parties, amount or property claimed, reasons for the claim, and date of service. A defendant who wishes to dispute the claim generally must serve and file a Defence (Form 9A) within 20 calendar days after being served.

After the response period expires, the plaintiff may ask to have the defendant noted in default. The court office may still accept a late Defence if the defendant has not yet been noted in default. Once default has been noted, different rules apply.

Complete the Defence (Form 9A)

Form 9A is the prescribed Ontario Small Claims Court Defence. The Rules require concise, non-technical reasons for disputing the claim with a reasonable amount of detail. Documents relied on should generally be attached unless unavailable, in which case the Defence should explain why.

A defendant can review the Plaintiff’s Claim and organize relevant contracts, invoices, receipts, correspondence, photographs, and other records. This is general preparation, not advice about what a particular Defence should say.

Serve and File the Defence

A defendant who wishes to dispute the claim must serve the Defence on every other party and file it with the clerk with proof of service. An Affidavit of Service (Form 8A) may be used to prove service; lawyers and paralegals may also use a Certificate of Service where the Rules permit.

The Defence is filed with the Small Claims Court office where the claim was filed. Eligible documents may be submitted online, in person, or by mail. As of August 2026, the prescribed Defence filing fee is $77, and eligible people may request a fee waiver. Current fees and filing methods should be verified before filing.

What If You Admit Some or All of the Claim?

A Defence can admit all or part of the claim and may include proposed terms of payment. The Ontario guide explains that a defendant who makes such a proposal is expected to pay according to it unless the court orders otherwise. If the plaintiff does not accept the proposal, a terms-of-payment hearing may follow.

A partial admission does not necessarily end the action. The disputed portion may continue to a settlement conference and trial. Because admissions can have legal consequences, a person who is uncertain may wish to obtain legal advice before filing.

What Happens If No Defence Is Filed?

If no Defence is filed, the plaintiff may ask that the defendant be noted in default. A defendant noted in default is generally restricted from filing a Defence or taking further steps without court leave or the plaintiff’s consent, except for a motion to set aside default.

The court may set aside a noting in default or default judgment where the defendant has a meritorious defence, a reasonable explanation for the default, and moves as soon as reasonably possible. Whether those requirements are met is for the court to decide.

Can a Defendant Bring a Claim of Their Own?

A defendant who believes the plaintiff, or in some circumstances another person, is legally responsible to the defendant may consider a Defendant’s Claim (Form 10A). The Ontario guide states that it is generally filed within 20 days after the Defence unless the court permits a later filing.

A Defendant’s Claim is a separate legal claim. Whether one exists, who should be named, and what may be recoverable can involve legal analysis.

The Settlement Conference

When all or part of a claim is defended, the parties generally attend a settlement conference. The Ontario guide states that it should occur within 90 days after the first Defence is filed. Its purposes include narrowing issues, encouraging settlement, improving disclosure, and preparing for trial if needed.

At least 14 days before the settlement conference, each party generally must serve and file trial documents not already attached to the claim or Defence and a List of Proposed Witnesses (Form 13A). Parties should attend prepared; the Rules permit costs consequences for inadequate preparation or missing required material.

If the Case Does Not Settle

If the dispute is not resolved, the case may proceed toward trial and, in some cases, a trial management conference. Parties must follow the Rules on disclosure and comply with any directions made at the settlement conference.

At trial, the plaintiff presents evidence supporting the claim and the defendant may challenge it, call witnesses, and present admissible evidence. The judge decides the case under the applicable law and may grant or dismiss all or part of the claim and make permitted costs or other orders.

Important Educational Considerations

• A Plaintiff’s Claim should not be ignored. A defendant who does not respond may be noted in default and may lose the opportunity to defend without further court permission.

• A Defence generally must be served and filed within 20 calendar days after service of the claim.

• Form 9A should explain the reasons for disputing the claim in clear, non-technical language and should include documents on which the Defence relies where required.

• Admitting part or all of a claim is different from disputing it and can have legal consequences.

• A Defendant’s Claim is a separate claim and is generally subject to its own filing deadline and requirements.

• A defended action normally proceeds to a settlement conference before trial.

• Ontario forms, fees, filing portals, service rules, and court procedures can change and should be verified using official sources.

General Practical Steps

• Keep the Plaintiff’s Claim, envelope or service information, and any attached documents together so the service date and court file details can be tracked.

• Use the current Form 9A from the official Ontario Court Forms website rather than an old saved copy or an unofficial template.

• Create a neutral chronology of the events relevant to the claim and organize supporting documents by date or topic.

• Keep copies of the Defence, attachments, proof of service, filing confirmation, and later court notices in a dedicated case folder.

• Record the Defence deadline, settlement-conference date, document-disclosure dates, and any other court deadlines in a calendar.

• Consider professional legal assistance where there is uncertainty about liability, admissions, a possible Defendant’s Claim, default, evidence, limitation periods, or other procedural issues.

Emotional and Family Impact

Being sued can create stress, uncertainty, and financial pressure, even where the amount is modest. Court deadlines may also affect work and family responsibilities.

Organizing documents, dates, and court communications can make the process easier to manage. Personal, financial, community, or mental-health supports may also be helpful.

When Professional Assistance May Be Appropriate

A lawyer or licensed paralegal may be helpful where the claim involves significant money, multiple parties, technical evidence, a Defendant’s Claim, an admission, default, or uncertainty about the applicable law or forum.

How Presumption of Innocence Canada May Help

Presumption of Innocence Canada provides public education and moderated discussion groups about Canadian legal processes. PIC can help readers understand general terminology, court stages, and publicly available legal information. PIC does not provide legal representation, individualized legal advice, legal strategy, or an assessment of what a particular Defence should say.

Frequently Asked Questions

How long do I have to defend a Small Claims Court claim in Ontario?

A defendant who wishes to dispute an Ontario Small Claims Court claim generally has 20 calendar days after being served with the claim to serve and file a Defence (Form 9A) with proof of service.

What form do I use to defend Small Claims Court Ontario?

The prescribed form is Defence (Form 9A). Current versions should be obtained from the official Ontario Court Forms website because forms can be revised.

How much does it cost to file a Defence in Ontario Small Claims Court?

As of August 2026, the prescribed fee to file a Defence is $77. A fee waiver may be available to an eligible person. Current fees should be confirmed before filing.

Can I file a Defence after the 20-day deadline?

Ontario’s official guide states that the court office may accept a Defence after the 20-day period if the plaintiff has not yet had the defendant noted in default. Once default has been noted, different procedures apply.

What happens if I am noted in default?

A defendant noted in default is generally restricted from filing a Defence or taking further steps without leave of the court or the plaintiff’s consent, except for a motion to set aside. The court may set aside default where the requirements in the Rules are met.

Can I make a claim against the plaintiff?

A defendant may be able to file a Defendant’s Claim (Form 10A). The Ontario guide states that it is generally filed within 20 days after the Defence unless the court permits a later filing.

Do I have to attend a settlement conference?

In a defended Ontario Small Claims Court action, the parties are generally required to participate in a settlement conference. The court sends notice of the date, time, and manner of attendance.

What do I need before the settlement conference?

At least 14 days before the settlement conference, each party generally must serve and file relevant trial documents not already attached to the pleadings and a List of Proposed Witnesses (Form 13A).

Conclusion

Defending Small Claims Court Ontario begins with understanding the claim, calculating the response deadline, and using the current Defence (Form 9A). Service, filing, admissions, Defendant’s Claims, settlement-conference preparation, and default rules may all matter. Small Claims Court remains a legal proceeding, so current official information and, where appropriate, professional advice can help a defendant understand the process.

Related Educational Resources

• Understanding Small Claims Court in Ontario

• Starting a Small Claims Court Case

• Preparing for court when you represent yourself in Canada

• Understanding court forms and documents in Canada

• Organizing your court documents in Canada

PIC Editorial Review

Claims requiring source verification:

• The current 20-calendar-day deadline for serving and filing a Defence after service of the claim.

• The current Form 9A content and attachment requirements.

• The current $77 Defence filing fee and fee-waiver availability.

• The rule allowing a late Defence to be accepted before the defendant is noted in default.

• The current requirements for setting aside a noting in default or default judgment.

• The 20-day period for filing a Defendant’s Claim after filing the Defence, subject to court permission for a later filing.

• The settlement-conference timing and 14-day disclosure requirements.

Suggested authoritative Canadian sources:

• Ontario e-Laws for the Courts of Justice Act, Rules of the Small Claims Court, and applicable fee regulations.

• Ontario Ministry of the Attorney General Small Claims Court procedural guides and online filing information.

• Ontario Court Services for prescribed Small Claims Court forms.

• Law Society of Ontario for information about lawyers, licensed paralegals, and referral resources.

Final publication checklist:

• The article is framed as public legal education and does not tell a defendant what admissions, denials, evidence, or strategy to use.

• The 20-day Defence period is identified as an Ontario rule and is not presented as a Canada-wide deadline.

• The article distinguishes filing a Defence from proving that the Defence will succeed.

• Default is described accurately without suggesting that setting it aside is automatic.

• The Defendant’s Claim is explained as a separate legal claim with its own requirements.

• Settlement-conference disclosure and attendance obligations are described generally and tied to current official rules.

• Fees, forms, online systems, and procedural rules are identified as changeable and subject to verification before publication.

• The primary search phrase appears naturally in the title, opening paragraph, a heading, FAQ context, and conclusion without keyword stuffing.