Small Claims Court defendant support

Defending a Small Claims Court Claim in Ontario

Served with a Plaintiff's Claim? Paragon helps defendants protect deadlines, prepare a focused Defence, organize evidence, consider counterclaims, negotiate settlements, and respond strategically through conference or trial.

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Form 9A

What Is a Defence?

A Defence, also known as Form 9A, is the document filed with the Ontario Small Claims Court in response to a Plaintiff's Claim. It allows you to respond to the allegations against you, deny all or part of the claim, raise legal defences, explain your version of events, and identify any issues with the plaintiff's case.

If you have your own claim against the plaintiff, you may also be able to file a Defendant's Claim, commonly referred to as a counterclaim, within the same Small Claims Court proceeding.

Your side belongs in the record

Filing a Defence is your opportunity to protect your legal position and ensure the court hears your side before any judgment is made.

A strong Defence should address the plaintiff's allegations directly, identify disputed facts, raise applicable legal defences, and explain why the plaintiff is not entitled to all or part of the amount claimed.

Time-sensitive

The 20-Day Defence Deadline Matters

In most cases, you have 20 days from the date you were served with the Plaintiff's Claim to file your Defence with the Small Claims Court.

Missing this deadline can have serious consequences. If you do not file a Defence on time, the plaintiff may ask the court to note you in default and obtain default judgment against you.

Default judgment riskThe court may order payment without hearing your side of the story.

Enforcement exposureJudgment may lead to wage garnishment, bank garnishment, or seizure and sale of property.

Strategy narrowsDelay can reduce leverage for settlement, motions, or counterclaim planning.

Act quicklyIf you have been served with a Plaintiff's Claim, it is important to respond immediately.

What filing a Defence allows

Use the Defence to Control the Issues

A properly prepared Defence may allow you to challenge the claim, require proof, raise your own position, and participate meaningfully in the court process.

Deny the plaintiff's allegations Require the plaintiff to prove their case Dispute the amount being claimed Raise legal defences Explain facts the plaintiff left out or misrepresented Rely on documents, communications, photographs, receipts, invoices, or other evidence File a Defendant's Claim if you have your own claim against the plaintiff Participate in the mandatory settlement conference Negotiate a resolution before trial Present your evidence and arguments before a deputy judge if the matter proceeds to trial

Common defence situations

Claims We Help Defend

We assist defendants in Ontario Small Claims Court matters where the allegations, amount claimed, party named, or evidence relied on needs to be challenged.

Incorrect, inflated, or unsupported claims Unpaid invoice claims involving incomplete, defective, or disputed work Breach of contract claims where the plaintiff failed to perform Contractor, renovation, and construction disputes HVAC disputes involving misrepresentation, negligence, defective work, or service agreements Personal loan disputes with unclear repayment terms Vehicle repair and mechanic disputes Property damage claims where liability or damages are disputed Negligence claims where causation or responsibility is denied Consumer goods and services disputes Business-to-business disputes Claims filed after the applicable limitation period Claims where payment has already been made Settlement agreement or release disputes Claims where the plaintiff has sued the wrong party

Defendant's Claims

A Counterclaim Can Change the Posture of the Case

If you have suffered a loss because of the plaintiff's conduct, you may be able to file a Defendant's Claim against the plaintiff or another party. This is often referred to as a counterclaim.

A counterclaim can be an important strategic step because it allows you to pursue your own remedy instead of only defending against the plaintiff's allegations.

The plaintiff also breached the agreement You suffered damages because of the plaintiff's actions The plaintiff owes you money The plaintiff caused property damage The plaintiff failed to complete work or provided defective services You incurred costs because of the plaintiff's conduct Another party should also be included in the proceeding

Our approach

How We Help Defendants Respond Strategically

Being served with a Small Claims Court claim can be stressful, especially when the allegations are exaggerated, incomplete, or inaccurate. We help defendants understand their rights, meet court deadlines, prepare a strong Defence, and respond strategically.

Reviewing the Plaintiff's Claim

We assess the legal and factual allegations, the amount claimed, limitation issues, party names, evidence support, and whether the claim properly sets out a cause of action.

Drafting Your Defence

We prepare a clear and detailed Defence Form 9A that responds to the allegations and sets out your position in a structured and persuasive way.

Evidence Review and Organization

We help organize contracts, invoices, proof of payment, emails, texts, photographs, videos, repair records, bank records, witness information, and other documents that support your defence.

Settlement Negotiation

We represent defendants during settlement discussions and at the mandatory settlement conference to pursue practical terms, reduced amounts, payment plans, dismissals, or releases where appropriate.

Trial Representation

If your matter proceeds to trial, we present your evidence, cross-examine witnesses, challenge damages, and make legal submissions on your behalf.

Do not ignore a Plaintiff's Claim

Protect Your Position Before the Deadline Passes

Ignoring a Small Claims Court claim can result in default judgment and enforcement proceedings against you.

If you have received a Plaintiff's Claim, contact Paragon Paralegal Services as soon as possible to discuss your options, protect your rights, and prepare your Defence.

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Common Questions

Frequently Asked Questions

You should review the claim immediately and seek legal advice as soon as possible. In most cases, you have 20 days from the date you were served to file a Defence. Missing the deadline can result in default judgment.
A Defence, also known as Form 9A, is your formal response to the Plaintiff’s Claim. It allows you to deny the allegations, explain your side of the story, dispute the amount claimed, raise legal defences, and provide the basis for why the plaintiff should not succeed.
If you do not file a Defence within the required time, the plaintiff may ask the court to note you in default and obtain judgment against you. A default judgment can then be enforced through steps such as wage garnishment, bank garnishment, or other enforcement procedures.
Yes. If you have your own claim against the plaintiff, you may be able to file a Defendant’s Claim, often referred to as a counterclaim. This allows you to pursue your own damages within the same Small Claims Court proceeding.
Common defences include payment already made, breach of contract by the plaintiff, defective or incomplete work, limitation period issues, lack of proof, exaggerated damages, wrong party sued, release or settlement, and disputes over responsibility or causation.
Yes. We can communicate with the opposing party, negotiate settlement terms, attend settlement conferences, and help resolve the matter where possible. Settlement may include reduced payment, payment plans, dismissal terms, releases, or other practical terms.
Yes. A Defence should be supported by evidence. Useful evidence may include contracts, invoices, proof of payment, emails, text messages, photographs, videos, repair records, bank records, witness information, and any documents that contradict the plaintiff’s version of events.
Yes. You may still have a defence to all or part of the claim. For example, you may dispute the amount claimed, argue that the plaintiff contributed to the loss, show that some payments were made, or raise issues with the plaintiff’s evidence or legal entitlement.
You can dispute the amount in your Defence. The plaintiff must prove their damages with evidence. If the amount is inflated, unsupported, or not caused by your actions, that should be clearly addressed in your Defence and supporting evidence.
Yes. We assist defendants with preparing the Defence, organizing evidence, filing Defendant’s Claims where appropriate, negotiating settlement, attending settlement conferences, and representing clients at trial.