The 20-day clock
A Small Claims Court case in Ontario starts when the plaintiff files a Plaintiff's Claim (Form 7A) and the court issues it. The plaintiff must then serve it on you, in person or by one of the alternatives the Rules of the Small Claims Court allow, within six months of the date it was issued. Receiving the court-stamped claim is called being served.
From the day you are served, you have 20 calendar days to serve and file a Defence (Form 9A). The date you received the papers is the one that matters, so write it down together with how you received them.
The court hears claims for money or the return of personal property worth up to $50,000, not counting interest and costs such as court fees. If the claim is for more than that, say so in your Defence.
First, read the claim properly
- The court location is on the first page. Your Defence is filed with the court office where the plaintiff filed the claim.
- Who is named. A claim against you personally is different from one against your business. A misnamed defendant is something to point out in the Defence, not a reason to ignore the papers.
- The amount and what it is made of: principal, interest and costs. The attachments show what the plaintiff intends to rely on.
- Your own documents. Collect the contract, receipts, photos, emails and texts now. Anything you want to use at trial will have to be attached to the Defence or served before the settlement conference, and those deadlines arrive quickly.
Filing the Defence (Form 9A)
The Defence is your answer to the claim. The Ministry of the Attorney General's guide describes it as explaining what you disagree with and why, and what, if anything, you agree with. Keep it brief and in plain language, name all the parties, and attach the documents that support your position. The filing fee is $77. If you cannot afford court fees, you can apply for a fee waiver.
You, not the court, serve the Defence on every other party. The Rules allow a defence to be served by mail, by courier, by email, personally or by an alternative to personal service. For each party served, the person who did the serving completes an Affidavit of Service (Form 8A), sworn or affirmed before a commissioner for taking affidavits, and the affidavits are filed with the court along with the Defence.
Filing can be done online. In Toronto, Small Claims Court documents must be submitted through the Ontario Courts Public Portal (since October 14, 2025); outside Toronto, through the Small Claims Court Submissions Online portal. Court staff review submissions within three business days; a rejected submission comes back with reasons and no charge. Online filing is not available for a deadline that is three business days or less away, so a last-minute Defence goes to the court office in person.
Admitting all or part, and proposing payment terms
A Defence does not have to be a denial. You can admit the full amount and propose a payment date, or admit part of the claim and dispute the rest. If the plaintiff does not accept your proposed terms of payment, the plaintiff must file a Request to Clerk (Form 9B) within 20 days of receiving your Defence to ask for a terms-of-payment hearing, which the court then schedules. A partial admission sends the disputed part on to a settlement conference and, if needed, a trial.
If the plaintiff owes you something
If you have a claim of your own against the plaintiff, or against someone else connected to the same events, you can file a Defendant's Claim (Form 10A). It must be filed within 20 days after you file your Defence, unless the court gives you more time on a motion. The filing fee is $108.
If you miss the 20 days
Missing the deadline is not automatically the end. You can still file a Defence after 20 days as long as the plaintiff has not yet asked the court to note you in default. Once you are noted in default, you cannot file a Defence, and the plaintiff can obtain default judgment against you without further notice to you. You may also be responsible for the extra costs the plaintiff incurs.
To undo a noting in default or a default judgment, either obtain the plaintiff's consent and file a Request for Clerk's Order on Consent (Form 11.2A), or bring a motion (Notice of Motion and Supporting Affidavit, Form 15A; fee $127). Rule 11.06 sets out the test: the court must be satisfied that you have a meritorious defence and a reasonable explanation for the default, and that the motion was brought as soon as reasonably possible in the circumstances. Delay weakens the motion.
What happens after the Defence is filed
Every defended case gets a settlement conference, which should be held within 90 days after the first defence is filed. The court office sends a notice with the date, time and format; most conferences are held by videoconference. The parties must attend, with authority to settle; witnesses do not. At least 14 days before the conference, serve and file any document you intend to rely on at trial that was not attached to the claim or defence, together with a List of Proposed Witnesses (Form 13A). The judge who conducts the settlement conference will not preside at the trial.
If you do not attend, an order can be made against you, including an order to pay the other party's costs, and a defendant who misses a second conference can face final judgment without a trial. For claims under $5,000, if both sides file a signed Consent (Form 13B), the judge can decide the case at the settlement conference itself. If the case does not settle, one party requests a trial date and pays the fee for setting the action down for trial, and the court may schedule a trial management conference before the trial.
Common questions
I was served on a Friday. Does the weekend count? Yes. The deadline is 20 calendar days from the day you were served. If you are close to the line, file at the court office rather than online.
Can I just call the plaintiff and settle? You can settle at any stage. If you agree, the parties can file Terms of Settlement (Form 14D). Until a settlement is filed or your Defence is in, the 20-day clock is still running.
I cannot afford the $77. Ontario has a fee waiver for people who cannot afford court fees. Ask the court office or check the fee waiver page before the deadline, not after.
Do I need a lawyer? Parties can represent themselves in Small Claims Court. A licensed paralegal or a lawyer may also represent you; the Law Society of Ontario's By-Law 4 sets out the paralegal scope of practice, which includes the Small Claims Court.
This article is general information about Ontario law as of October 25, 2026, not legal advice. Deadlines depend on the date and manner of service in your own case; check the official sources and get advice on your situation.
Official sources
- Ontario.ca: Small claims court, being sued
- Ministry of the Attorney General: Guide to procedures in Small Claims Court (replying to a claim, serving documents, getting ready for court)
- Ontario.ca: Small claims court fees
- Ontario.ca: File small claims court documents online
- O. Reg. 258/98: Rules of the Small Claims Court (e-Laws)
- Law Society of Ontario: By-Law 4 (licensing and paralegal scope of practice)
This guide is general legal information about Ontario law as of the date above. It is not legal advice for your situation. Laws, forms and fees change; check the official sources before you act.