Defendant's Claims: Suing Back in the Same Case

Most people think of being sued as a purely defensive position — respond, and hope for the best. But if you have your own claim that's genuinely connected to the same dispute, Small Claims Court's rules generally let you bring that claim forward in the same case, rather than starting an entirely separate proceeding. This is called a Defendant's Claim.

What a Defendant's Claim actually is

A Defendant's Claim is a formal claim brought by a defendant within an existing case, rather than a brand new, separate lawsuit. It's generally filed alongside — or shortly after — your Defence, and it lets the same court resolve both sides of a connected dispute together, rather than litigating pieces of the same underlying disagreement in two different proceedings.

Three situations a Defendant's Claim can cover

Broadly, a Defendant's Claim can be used in a few different situations, depending on who you're claiming against:

• Against the plaintiff — often called a counterclaim — where you believe the plaintiff actually owes you money or caused you a loss connected to the same dispute.
• Against someone not yet part of the case — often called a third party claim — where you believe someone else is actually responsible, in whole or in part, for what the plaintiff is claiming against you.
• Against another defendant — often called a crossclaim — where more than one defendant is named and you believe a co-defendant bears responsibility toward you.

Claiming against the plaintiff (counterclaim)

A counterclaim makes sense when the same underlying relationship or transaction cuts both ways — for example, a contractor sues a homeowner for unpaid invoices, and the homeowner believes the work was defective and caused them a separate loss. Rather than the homeowner filing an entirely new case, a counterclaim lets that dispute be resolved as part of the same proceeding, in front of the same judge, based on the same underlying facts.

Bringing in someone new (third party claim)

A third party claim is used when you believe someone who isn't yet part of the case bears some or all of the responsibility for what you're being sued over. For example, if you're sued over defective work that you subcontracted to someone else, you might bring a third party claim against that subcontractor, arguing that if you're found responsible to the plaintiff, the subcontractor should in turn be responsible to you.

Claiming against another defendant (crossclaim)

When a plaintiff sues multiple defendants together, a crossclaim lets one defendant bring a claim against another defendant already in the same case — for example, arguing that if anyone is responsible for the plaintiff's loss, it's actually the co-defendant, not you, or that responsibility should be shared between you in a particular way.

Why bring a Defendant's Claim instead of a separate case

Bringing a connected claim within the existing case, rather than filing something entirely separate, generally has real practical advantages: one set of court dates instead of two, one judge who already understands the full picture of the dispute, and avoiding the possibility of two separate cases reaching inconsistent results on the same underlying facts. It also means a single filing fee and a single process to manage, rather than duplicating effort across two proceedings.

Deadlines and fees for a Defendant's Claim

A Defendant's Claim generally needs to be filed within a specific window tied to your own deadline to respond to the original claim, and it involves its own separate filing fee. See filing fees for the current schedule, and treat the timing here with the same seriousness discussed in defendant deadlines — missing the window can limit your ability to bring the claim within the existing case.

What a Defendant's Claim needs to include

Like any claim, a Defendant's Claim needs to set out clearly who you're claiming against, what happened, what loss you're claiming, and how it connects to the original dispute. The same principles that make a strong Plaintiff's Claim — specific facts, clear dates, a documented amount — apply equally here. See preparing and filing a claim for the underlying principles, which translate directly to preparing a Defendant's Claim.

How it plays out alongside the original claim

Once filed, a Defendant's Claim generally moves forward together with the original claim — served on the relevant party, subject to its own response deadline, and ultimately addressed together at the same settlement conference and, if needed, the same trial. The court is essentially resolving the full picture of the dispute at once, rather than one slice of it at a time.

Common mistakes

• Missing the filing window for a Defendant's Claim while focused only on the original Defence deadline.
• Bringing an unrelated claim that doesn't genuinely connect to the same underlying dispute, which may not be appropriate to include this way.
• Assuming a Defendant's Claim is automatically successful just because it was filed — it still needs to be proven like any other claim.
• Not identifying the right party to claim against — the plaintiff, a co-defendant, or a genuinely new third party.
• Treating it as optional paperwork rather than a real claim that needs the same careful preparation as the original case.

Frequently asked questions