The envelope usually arrives at an inconvenient moment. Someone hands it to you at your door, or to an adult in your household, or it turns up at your shop. Inside is a Plaintiff’s Claim, Form 7A, saying you owe money. Your first reaction may be anger, embarrassment or a strong urge to put it in a drawer. The drawer is the one option that can make things considerably worse.
A claim in Small Claims Court does not mean you have done anything wrong, and being sued does not decide who is right. It simply means someone has asked a court to order you to pay money or return property. You have a real chance to answer, and many claims resolve by settlement. Your position gets much weaker if you say nothing and the time runs out.
The following is general information about Ontario’s Small Claims Court process and is not legal advice on your particular dispute. A lawyer or licensed paralegal can tell you how it applies to the documents in front of you.
The Twenty Days Are the First Priority
A defendant has 20 days from being served to serve and file a defence. Write down the date and the way you received the claim, since service can happen by more than one method and the rules on some alternatives to personal service treat the effective date differently. If you are unsure when the period started, assume the earlier date and act accordingly.
If that time passes with no defence, the plaintiff can have you noted in default. A person noted in default generally cannot file a defence or take other steps without the court’s permission. For a fixed debt, a clerk can then sign default judgment without any hearing at all. Enforcement could follow, including garnishment of your wages or bank account. Often the first time people grasp the seriousness of a claim is when their employer gets a notice.
A short, honest defence filed in time is far better than a perfect defence filed late. You can explain more at the settlement conference, and you may be able to amend your document if needed. So, start now even if you have not gathered everything.
Read the Claim Like a Checklist
Go through the claim slowly with a pen. For each statement, mark whether it is true, false or something you do not know. Then ask yourself:
- Are you the right person? The claim might name you personally for a debt that belongs to your corporation. An incorporated business is a separate legal person, and an owner is not automatically responsible for its debts. If the contract was with your company, and you signed on its behalf with no personal guarantee, that may be a central part of your defence.
- Is the amount correct? Look for missed payments, double-charging, interest at a rate you never agreed to, or charges for work never done.
- Is it too old? Most claims in Ontario must be started within two years of when they were discovered. If the last event happened long before that, a limitation defence may be available, but it has to be raised.
- Is this the right court location? The rules generally tie the location to where the claim arose, or where a defendant lives or does business, or the nearest court location to the defendant. A plaintiff in Oshawa suing a Brampton resident over work done in Brampton may have started in the wrong place.
- Did the plaintiff attach what they rely on? If a contract or invoice is referenced, it should be attached, or the claim should say why it is not.
Do this before you call the other side. An unplanned phone call in which you say “I know I owe you something” can come back to haunt you.
Your Options for Responding
You have more choices than simply fighting everything. The Defence form, Form 9A, accommodates several positions.
You dispute the whole claim. State in plain language why you owe nothing. Perhaps the work was never completed, the goods were defective, the money was a gift, or the debt was paid. Include dates and attach the documents you rely on, such as receipts, the e-transfer record or the text messages confirming the arrangement.
You dispute part of it. Maybe you owe $3,000, not $8,000. Admitting what is truly owed and contesting the remainder can enhance your credibility and shrink the fight.
You owe the money and want time to pay. The defence allows you to admit liability and propose terms, such as $300 per month. If the plaintiff does not dispute your proposal within the time allowed, you are expected to make the payments as though they were ordered by the court. If you miss a payment, the plaintiff can serve a notice of default of payment and file for judgment on the remainder. Do not propose an amount you cannot sustain. If the plaintiff objects, the clerk can arrange a hearing on the payment terms.
You have your own claim. If the plaintiff owes you money, or a third party is really responsible, you may be able to issue a Defendant’s Claim, Form 10A. It can be issued within 20 days after you file your defence, or later with the court’s permission. For example, a hypothetical homeowner sued by a contractor for an unpaid balance might counter-claim for the cost of repairing deficient work. A roofing subcontractor being sued might bring in the supplier who provided the failed material.
The published filing fee for a defence is $77 at the time of writing, and a defendant’s claim costs more. Confirm current fees with the office, and ask about a fee waiver if cost is a barrier.
Filing and Serving the Defence
The defence must be served on every other party and then filed with the clerk, with proof of service. That order matters, and it trips people up. Keep a stamped or electronically confirmed copy along with your proof of service. If the claim was started online, you will be able to review the options for filing electronically. If you are going in person, the Superior Court of Justice lists the Brampton Small Claims Court office at 7765 Hurontario Street, beside the courthouse at 7755 Hurontario Street, with its own email and phone contact for general inquiries. Check that page before making the trip, because arrangements can change.
Tell the court and the other side if your address changes. Notices from the court will go to the address on your file, and an old apartment or a former business unit can cost you a court date.
What to Gather Now
Start a single folder, paper or digital, and label everything by date. A dispute is much easier to think about when it is laid out in order. Depending on the case, collect:
- the contract, quote, work order or lease;
- invoices, receipts, bank statements and e-transfer confirmations;
- texts, WhatsApp messages and emails, exported in full so that the date and sender can be seen;
- photographs and videos, keeping the original files;
- names of people who saw what happened;
- estimates or reports showing the cost of fixing a problem.
Do not delete anything, even if it looks unhelpful. Selective records are a credibility problem, and a lawyer would rather learn about a bad message from you than from the other side at the settlement conference.
Be careful about new communication too. It is fine to explore settlement, but keep it factual and in writing, and avoid threats or insults. If you want to make a settlement proposal without having it treated as an admission, get advice on how to word it.
The Settlement Conference Is Where Many Cases End
Once a defence is filed, the clerk schedules a settlement conference, generally within 90 days. Attendance is required. At least 14 days beforehand, you must serve on every other party and file with the court your list of proposed witnesses, Form 13A, and any document you intend to rely on that was not attached to your defence, including any expert report.
Think of it as a private meeting with a judge or referee. It is meant to narrow the issues, encourage resolution and make sure everyone has seen the evidence. What is said is kept from the trial judge. Come with the authority to settle and a realistic idea of your bottom line. You might consider a lump-sum offer, a payment schedule, or a mutual release ending the dispute for good. If you do reach a deal, write it down in terms of settlement, including when each payment is due.
Consider making a formal written offer before trial. An offer served at least seven days before trial can lead to added costs consequences if the other side refuses it and does worse at trial. For a defendant, a reasonable offer gives you a way to limit the damage if you might lose some part of the case.
If the Case Goes to Trial
A trial in Small Claims Court is usually heard by a deputy judge in a courtroom, with evidence given under oath. It helps to bring three copies of each document and a short timeline to keep yourself on track. Listen to the plaintiff’s evidence and write down points for your questions. The plaintiff must prove the claim on a balance of probabilities, which means more likely than not. You do not need to prove your innocence of a debt, though you may need to prove a particular defence you raise, such as payment or a limitation period.
Evidence has its own timeline. A document or signed witness statement served on the other parties at least 30 days before trial can generally be received in evidence, unless the judge orders otherwise. If you need an unwilling witness, ask the clerk about a summons, and make sure you give them enough lead time. Do not expect a judge to accept a friend’s unsigned note.
If you lose, you may be ordered to pay the judgment, interest and costs. Costs other than disbursements are generally capped at 15 per cent of the amount claimed unless the court considers a penalty for unreasonable behaviour necessary. A final order can be appealed to the Divisional Court only if it is for more than $5,000 excluding costs, and the appeal period is short.
If You Have Already Missed the Deadline
Do not assume the matter is over. Check with the court office whether you have been noted in default or whether judgment has been signed. Then act immediately.
If judgment has not been signed, you may still be able to resolve the matter with the plaintiff’s consent, or by bringing a motion. If default has been noted or judgment signed, you can bring a motion to set it aside. The court may do so if it is satisfied that you have a meritorious defence and a reasonable explanation for the default, and that you made the motion as soon as reasonably possible in the circumstances. Delay is your enemy here. Each week spent waiting makes that last element harder to meet.
Your motion should attach the defence you want to file and an affidavit explaining what happened: perhaps the claim was served on an old address, you were out of the country, or you were hospitalized. Include documents that back this up. There is no promise that the motion will succeed, and the court may attach terms, but people who move quickly and candidly have a real opportunity to be heard.
Getting Help Without Overspending
Help can be proportionate to what is at stake. You might hire a lawyer or paralegal for the whole file, or only for a consultation to review your defence. Our civil litigation page describes the kinds of disputes the firm deals with, and the small claims page covers this court specifically. If the claim is connected to a construction project, a commercial lease or a business partner, early advice is especially useful because those disputes can involve other deadlines.
The basic plan is the same no matter how you proceed. Note the date you were served, read the claim line by line, gather your documents, and file something accurate before the time runs out. That alone puts you in a far stronger position than the person whose claim is still sitting in the drawer.