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When is my Defence due?
Got a Small Claims Court claim? Two quick questions show the date your Defence is due and how many days you have left.
Work out your Defence date
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How the Defence deadline works
When someone sues you in Small Claims Court, they have to Serve (service)To formally deliver a court document to another party in a way the rules allow. Service lets the court know the other side received the document. you with their claim. That means getting the papers to you in a way the court rules allow. The day you were served is the day your clock starts.
From that day, you have 20 days to answer with a DefenceThe 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. (Rule 9.01). Your Defence is your written answer: what you agree with, what you dispute, and why. You give a copy to the PlaintiffThe person or business that starts a court case by filing a claim. The plaintiff asks the court to order the defendant to pay. (the person suing you) and file it with the Court 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..
The calculator counts calendar days, including weekends from the date you enter. Holidays and service by mail can change the real date, so treat the answer as an estimate and confirm it with the court office.
If you miss the date, the plaintiff can ask the clerk to have you Noted 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).. Then the court may decide the case without hearing your side. If that may have happened, read what happens when no Defence is filed and act quickly.
If the person suing you owes you money from the same events, you may also be able to make a Defendant'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).. It has its own deadline: 20 days after you file your Defence (Rule 10.01).
Read next
- GuideServing documentsServing means formally delivering court documents to the other side. You must serve your claim within 6 months after it is issued, then prove it with an Affidavit of Service.
- GuideResponding to a claim (Form 9A)If you are served with a Plaintiff's Claim, you have 20 days to serve and file a Defence (Form 9A). You can dispute the claim, admit part of it, or admit it and propose payment terms.
- GuideDefault judgment: when no Defence is filedIf a defendant does not file a Defence in time, the plaintiff can ask to note them in default and get judgment without a trial. A defendant in default can ask the court to set it aside.
- ArticleGot Served with a Small Claims Court claim? Your first 5 stepsBeing sued is stressful, but you have options and a clear deadline. These five steps help you stay calm and protect your rights.
- ArticleHow to serve a Small Claims Court claim in Ontario, and what to do when you can'tServe each defendant in a way the rules allow, keep a record, and file Form 8A. If you cannot serve the claim, learn how to ask the court for another method.
- ArticleThe defendant didn't respond. How to get default judgmentAfter the 20-day Defence deadline passes, the next step depends on whether your claim is for a fixed amount or damages that need a judge to assess.
- Form 8AProving you served a document
- Form 9AResponding to a claim against you
- Form 9BAsking the clerk to take a step
Questions people ask
How long do I have to file a Defence in Ontario Small Claims Court?
Generally 20 days after you are served with the claim (Rule 9.01). Enter the date you were served in the calculator above to see your date. Confirm it with the court office.
What if the claim came by mail?
Service by mail can change the day your time starts counting. The calculator does not change the date for mail, so ask the court office which date applies to you.
Do weekends and holidays count?
The calculator counts calendar days, which include weekends. If the last day falls on a weekend or holiday, the deadline may move. Confirm your date with the court office.
What happens if I miss the deadline?
The plaintiff can ask the clerk to note you in default. When 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). If this may have happened, contact the court office right away.
Is this legal advice?
No. This calculator gives general legal information to help you plan. It does not know every detail of your case. For advice about your situation, speak with a lawyer or licensed paralegal.
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