Defend yourself at the Small Claims Court

If you have been sued in a small claims court in Ontario, you will likely need to defend yourself against the claim. You have only twenty (20) days from the day you receive the Plaintiff’s claim to prepare, serve, and file your Defence.

If you fail to file a Defence or to do so within the required time limit, a judgment can be made against you without your participation. It is therefore important to act quickly to preserve your rights.

Here are some steps you can take to defend yourself at the small claims court: 1. UNDERSTAND THE CLAIM: The first step is to understand the nature of the claim against you. You will receive a copy of the claim, which should outline the details of the dispute and the amount of money the other party is seeking.

2. PREPARE YOUR DEFENCE: Once you understand the claim, you will need to prepare your Defence. This may involve gathering any relevant evidence, such as documents or witnesses, and preparing a written statement outlining your position. You may also want to seek the assistance of a lawyer or legal professional to help you prepare your Defence.

3. PREPARE A COUNTERCLAIM: If you believe the Plaintiff owes you something, you can file a counterclaim with your Defence.

3. FILE YOUR DEFENCE: You will need to file your defence with the small claims court within the required time frame. The deadline for filing your defence is generally 20 days after you are served with the claim. If you do not file a defence, the court may issue a default judgment against you.

4. ATTEND SETTLEMENT CONFERENCE: Once a Defence is filed with the court, the Court will schedule a date for a meeting between the parties and a Deputy Judge to discuss the case and to explore the possibilities of settlement. The settlement conference is not a trial and the judge cannot make a final decision (in most cases) as to the outcome of the case. If a settlement is not reached, then your case will be scheduled for a trial.

5. ATTEND TRIAL: Once your Defence has been filed, the court will schedule a hearing date. You will be required to attend court on that date to present your case and any evidence. You may also have the opportunity to negotiate a settlement with the other party before the hearing.

6. PRESENT YOUR CASE: At the hearing, you will have the opportunity to present your case and any evidence that supports your Defence. You may also be required to answer questions from the other party or the judge.

7. OBTAIN JUDGMENT: After the hearing, the court will decide and issue a judgment. If the court rules in your favour, you may be able to recover any costs associated with defending the claim, such as legal fees or other expenses.

Please note the following services may be added for an additional fee:
- Filing and service of documents
- Preparation for your court appearance call for the Basic package

If you are nearing the deadline of serving your defence, that is seven business days or less, we cannot guarantee timely completion.