1. Act on the papers immediately
Save the entire claim, attachments, envelope and delivery message. Record who received it, when, where and how. A defendant generally has 20 calendar days after service to serve and file a Defence. The effective service date and the Rules’ time-counting provisions matter. Do not count only weekdays or assume a weekend delivery has no effect.
Contact your insurer promptly if the dispute may be covered. Give any representative the claim and deadline immediately. Keep responding while exploring settlement; the plaintiff’s willingness to talk does not automatically protect you from default. If you dispute service or jurisdiction, obtain advice before taking a step that may affect that objection.
Official reference: Ontario: replying to a claim
2. Answer each part of the claim
Use the current Defence, Form 9A, with the same court file number and party names. Identify what you admit, what you deny and the reasons. Explain your version in a dated sequence and attach the documents supporting it. A general statement that the plaintiff is wrong does not explain your defence.
Potential issues include whether you were the contracting party, whether the agreed work was done, payment already made, the amount of loss, limitation periods, or whether another forum has jurisdiction. Only raise grounds that fit the facts and law. Inability to pay is different from a legal defence to owing the debt.
Official reference: Ontario: being sued in Small Claims Court
3. Choose between disputing and admitting
You may dispute the whole claim, admit part, or admit the entire claim and propose payment terms using the form. Understand an admission before making it: it can allow judgment for the admitted amount. If proposing instalments, state the amounts and dates you can meet. Special procedures apply if the plaintiff disputes the terms or you miss a payment.
If you want an order requiring the plaintiff or another person to pay you, consider a separate Defendant’s Claim, Form 10A. A defence alone may not obtain that affirmative remedy. The usual filing deadline for a defendant’s claim is 20 days after filing your defence.
Official reference: Court: starting and responding to a case
4. Serve, file and confirm acceptance
Serve the defence on the parties required by the Rules, using an authorized method. Then file it, supporting records and proof of service with the court, paying the fee or using an approved waiver. Save the acceptance confirmation. An email to the plaintiff or an unaccepted portal submission is not a filed defence.
If you are late, check the court record immediately. A defence may still be accepted before default steps prevent it; do not rely on this as extra time. Once noted in default, you normally need consent or a court order to proceed. Read the default relief guide and act promptly.
Official reference: Ontario: serving documents
Your next-step checklist
Use this list as you work. Check marks apply to this visit only.
Questions about this step
Can I ignore the claim because it is incorrect?
No. An incorrect claim still requires a timely response. Explain the dispute in a properly served and filed defence; otherwise the plaintiff may seek default judgment.
Is emailing the plaintiff enough?
No. You must also file the defence and required proof with the court. Use an authorized service method and confirm filing acceptance.
Sources for this guide
Where to go next
Need help with your next step?
Ask about available assistance, scope and fees. Include any urgent court deadline.
General information for Ontario, not advice about your case. Legislation, court orders and current court directions govern. Get help with your situation.