Responding to a claim (Form 9A)

What this stage is

If someone has sued you, you are the defendantDefendantThe person or business being sued. The defendant responds to the claim by filing a Defence.Close definition of Defendant. To take part in the case, you respond with a defenceDefenceThe defendant's written answer to a claim, saying what they agree with, what they dispute and why. In Small Claims Court it is Form 9A.Close definition of Defence on Form 9A. Your Defence tells the court which parts of the claim you agree with, which you do not, and why.

If you do nothing, the plaintiffPlaintiffThe person or business that starts a court case by filing a claim. The plaintiff asks the court to order the defendant to pay.Close definition of Plaintiff can ask to have you noted in defaultNoted in defaultWhen the court records that a defendant did not file a Defence in time. After that, the defendant cannot file a Defence without the court's permission or the plaintiff's consent (Rule 11.05).Close definition of Noted in default. That can lead to a judgmentJudgmentThe court's final decision in a case, saying who wins and what must be paid or done. A judgment can come after a trial, by default, or by agreement.Close definition of Judgment against you without a trial. So this stage matters a lot, even if you think the claim is unfair.

Your deadline: 20 days

You must serve and file your Defence, with proof of service, within 20 days of being served with the claim (Rule 9.01).

• Write down the date you got the claim, and how you got it.
• Count 20 days from the day you were served. Our defence deadline calculator can help.
• Service by mail and holidays can change a deadline. Confirm your date with the court officeCourt officeThe office at the courthouse where you file documents, pay fees and ask about your case. Staff can explain procedures but cannot give legal advice.Close definition of Court office.

Do not wait until day 19. Filing takes time.

Your three options

In your Defence, you choose how to respond:

1. Dispute the whole claim. You say you do not owe anything, and explain why.
2. Admit part of the claim. You agree you owe some of the money, but not all of it.
3. Admit the claim and propose payment termsPayment termsA plan to pay money owed over time, such as a set amount each month. A defendant can propose payment terms in a Defence, and the plaintiff can dispute them within 20 days (Rule 9.03).Close definition of Payment terms. You agree you owe the money and ask to pay it over time, for example a set amount each month.

What you need to do

1. Read the claim closely

Read every numbered paragraph of the plaintiff's claimPlaintiff's ClaimThe court form that starts a Small Claims case (Form 7A). It names the parties, says how much is claimed and why, and comes with a Schedule A.Close definition of Plaintiff's Claim and its schedule aSchedule AThe pages attached to a claim or Defence that tell your side of the story in numbered paragraphs. It sets out the facts, the amounts and what you want the court to order.Close definition of Schedule A. For each one, ask yourself:

• Is this true? All of it, part of it, or none of it?
• If not, what really happened?
• Do I have a document, message or photo that shows it?

2. Think about the bigger picture

• Did the plaintiff do something that caused or added to the problem?
• Was some money already paid, or some work already done?
• Did the events happen more than 2 years before the claim was issuedIssuedWhen the court officially accepts a claim, gives it a court file number and marks it with the court seal [VERIFY]. The 6-month time to serve the claim starts on the day it is issued (Rule 8.01(2)).Close definition of Issued? If so, the limitation periodLimitation periodThe time limit to start a court case. In Ontario it is generally 2 years from when you discovered your claim, under the Limitations Act, 2002. If you miss it, you may lose the right to sue.Close definition of Limitation period may be part of your defence. See Limitation periods.
• Is the right person or company being sued?

3. Write your Defence

Fill out Form 9A and attach your own Schedule A. Respond to the claim paragraph by paragraph, in the same order. Keep to the facts. Attach the documents you rely on [VERIFY: rule on attaching documents to a Defence].

4. Serve and file

Serve a copy on the plaintiff, then file the Defence with the court along with proof of service, such as an affidavit of serviceAffidavit of ServiceA sworn or affirmed statement that proves a document was served: who got it, what it was, and when, where and how it was delivered. In Small Claims Court it is Form 8A.Close definition of Affidavit of Service (Form 8A). The fee to file a Defence is $77. Fees can change, so check the current amount.

Do you have a claim of your own?

If the plaintiff owes you money, or someone else should pay part of what is claimed, you may be able to file a defendant's claimDefendant's ClaimA claim a defendant makes in the same case, against the plaintiff or someone else (Form 10A). It must be filed within 20 days after the Defence is filed (Rule 10.01).Close definition of Defendant's Claim on Form 10A. It must be filed within 20 days after your Defence is filed (Rule 10.01). There is a fee to file it [VERIFY: Defendant's Claim fee].

If you are the plaintiff and a Defence arrives

Read it carefully. Two deadlines may apply to you:

• Payment terms. If the Defence proposes payment terms, you can dispute them within 20 days, using a request to clerkRequest to ClerkA form (Form 9B) used to ask the clerk to take a step, such as noting a defendant in default or recording that a plaintiff disputes payment terms.Close definition of Request to Clerk (Form 9B) (Rule 9.03).
• Defendant's Claim. If the defendant also served a Defendant's Claim against you, you have 20 days after being served to file a defence to it (Rule 10.03).

Common mistakes

• Ignoring the claim. Silence can lead to a default judgment.
• Missing the 20 days. Once you are noted in default, you need the court's permission or the plaintiff's consent to file a Defence (Rule 11.05).
• Only filing, not serving. The Defence must be served on the plaintiff and filed with proof of service.
• Arguing instead of answering. Respond to each paragraph with facts, not feelings.
• Forgetting your own claim. The Defendant's Claim deadline is short.

What happens next

Once the first Defence is filed, the court holds a settlement conferenceSettlement conferenceA meeting with a judge or court official to try to settle the case and prepare it for trial. It is held within 90 days after the first Defence is filed (Rule 13.01).Close definition of Settlement conference within 90 days (Rule 13.01). Go on to Settlement conference. Missed your deadline? See Default judgment.

Need to go back? See Serving documents.