How to Respond to a Small Claims Court Claim in Ontario

Being served with a Plaintiff's Claim can feel alarming, but it doesn't mean you've lost anything — it means someone has started a court case against you, and you now have a defined window to respond. What you do in the next little while matters more than almost anything else in the case, so it's worth getting right. This page is the quick, step-by-step version; if you'd rather work through a full worked example first, see our deeper, example-driven walkthrough. Most people go through these steps on their own, without a lawyer — see representing yourself as a defendant for tips geared to that path.

You've been served — what that means

"Being served" means you've been formally given a copy of the Plaintiff's Claim filed against you, along with a document telling you how to respond. Service is what starts your clock — not the date the claim was filed, and not the date the plaintiff mailed it, but the date you were actually (or deemed to be) served according to the court's rules.

Read the claim carefully. It should tell you who is suing you, how much they're claiming and why, which court office is handling the case, and the file or claim number you'll need to reference in everything you file afterward.

Understand what's actually being claimed

Before you decide how to respond, break the claim down into its parts — it's easy to react to the total dollar amount without noticing what actually makes it up.

• The principal amount. The core sum the plaintiff says you owe — for example, an unpaid invoice or the cost of repairing damage.
• Claimed interest. Plaintiffs can generally ask for interest in addition to the principal. Check how it's calculated and from what date — this is sometimes inflated or miscalculated.
• Costs. The plaintiff may also be asking you to cover some of their expenses in bringing the case, such as the filing fee.
• The particulars. This is the plaintiff's written explanation of what happened and why they say you're responsible. Read it line by line — this is what you'll be responding to point by point in your Defence.

If anything in the particulars is factually wrong — a date, an amount, who was actually involved — that's worth noting specifically in your Defence rather than issuing a general denial.

Confirm your deadline to respond

The claim you were served with states a strict deadline for filing a Defence. This is the single most important date in your case: miss it, and the plaintiff can generally ask the court for a default judgment against you without a trial.

If you need more time, you may be able to contact the plaintiff to agree to an extension, or ask the court — but don't assume either will be granted. Treat the stated deadline as firm until you have something in writing that says otherwise.

Decide how you want to respond

Before you fill out any forms, decide which of these situations actually describes you — it changes what you file.

• You agree you owe some or all of it. You may be able to resolve this directly with the plaintiff, in part or in full, before or even after filing a Defence. Settling doesn't require the court's involvement.
• You dispute the whole claim. You believe you owe nothing, and you plan to explain why in a Defence.
• You dispute part of it. You may admit you owe something, but disagree with the amount, the reason, or other details — this still needs to be set out clearly in a Defence.
• You believe the plaintiff (or someone else) owes you. If your dispute goes both ways, you may be able to file a Defendant's Claim alongside your Defence.
• You believe the claim has no real basis at all. In narrow cases, a claim can be challenged as frivolous or vexatious — though this is unusual, and most disputes still call for a normal Defence alongside it.

Whichever applies, doing nothing is rarely the right answer — see what happens if you do nothing below. It's also fine for your position to evolve: many people file a Defence to protect the deadline, then keep negotiating with the plaintiff in parallel. Filing a Defence and trying to settle are not mutually exclusive.

Gather your evidence first

Before you write your Defence, pull together anything that supports your version of events. A Defence that's specific and backed by documents is far more effective than one that simply says "I disagree."

• The contract or agreement in question, including any amendments.
• Communications — emails, texts, letters — especially anything contradicting the plaintiff's account.
• Receipts or proof of payment if you've already paid some or all of what's claimed.
• Photos, inspection reports, or invoices if the dispute involves property, goods, or workmanship.
• A written timeline of events from your perspective, while it's fresh.
• Names and contact details of any witnesses who can support your account.

Complete and file a Defence

A Defence is your formal written response to the claim. It should respond directly to what the plaintiff alleged — stating clearly what you admit, what you deny, and what you have no knowledge of — and set out your version of events and any facts that support it.

Vague denials tend to backfire. If you deny owing money because the work was defective, say so specifically, and reference the evidence that shows it. If you deny the amount rather than the debt itself, say what you believe the correct amount is and why.

Filing a Defence requires a court fee. See our filing fees guide for the current fee schedule, and the court forms directory for the current version of the form and instructions. A full walkthrough is available in preparing a Defence.

Consider a Defendant's Claim

If you believe the plaintiff owes you money related to the same dispute — or that someone else (not currently part of the case) is actually responsible — you may be able to file a Defendant's Claim alongside your Defence. This effectively lets you sue back within the same case, instead of starting a separate one.

This is worth considering early, since it's generally easier to raise it at the same time as your Defence than to add it later. See Defendant's claims for how this works and when it makes sense.

Serve your Defence on the plaintiff

Filing your Defence with the court is only half the step — you're also generally responsible for making sure the plaintiff (or their representative) receives a copy, following the same kind of service rules that applied when you were served. Keep proof that you did this; you may need to file it.

See filing and service for accepted methods, since the same general rules apply in both directions.

What happens if you do nothing

If you miss the deadline and don't file a Defence, the plaintiff can generally ask the court for a default judgment — a decision against you without a trial, based only on their side of the story. Once that happens, undoing it is much harder than responding on time would have been, and the plaintiff may be able to move toward enforcing the judgment.

See default judgments for what this means and the limited options available if one's already been made against you. Acting before that point — even filing a bare-bones Defence to preserve your right to be heard — is almost always better than trying to undo a default judgment after the fact.

What happens after you file

Once your Defence is filed and served, the case generally moves toward a settlement conference — a required, informal meeting where a judge helps both sides explore resolving the case before trial. Many cases settle at or shortly after this stage.

If the case doesn't settle, it proceeds toward trial, where both sides present their evidence and a deputy judge decides the outcome. See preparing for trial when you reach that stage.

Common mistakes to avoid

• Missing the deadline because you assumed you had more time than you did.
• Ignoring the claim hoping it goes away — it doesn't, and a default judgment can follow.
• Filing a vague Defence that doesn't respond to the specific allegations.
• Not considering a Defendant's Claim when the dispute genuinely goes both ways.
• Waiting to gather evidence until right before the settlement conference or trial.
• Assuming a phone call resolves things without confirming it in writing or with the court.

Frequently asked questions