How to File a Counterclaim in Saskatchewan Small Claims Court

When You Can File a Counterclaim

If someone sues you in Saskatchewan Provincial Court and you believe they actually owe you money from the same transaction, you can file a counterclaim as part of your defence. A contractor sues you for C$12,000 in unpaid invoices but left the job half-finished, costing you C$18,000 to fix? That's a counterclaim.

The counterclaim is filed through Section 3 of Form B — the same Reply by Defendant form you use to respond to the original claim. It gets heard alongside the plaintiff's case in one proceeding.

Requirements and Limits

Your counterclaim must arise from the same transaction or occurrence as the original claim. You can't use it to raise an unrelated debt the plaintiff owes you from a different deal — that would need a separate action.

The monetary cap is C$50,000, the same limit that applies to all claims in Saskatchewan Provincial Court (Civil Division) as of April 1, 2024. If your counterclaim exceeds C$50,000, you can either waive the excess in writing and proceed in Small Claims Court, or file a separate action in the Court of King's Bench for the full amount.

How to File

1. Complete Form B — fill in Section 2 (your dispute of the plaintiff's claim) and Section 3 (your counterclaim details, including the amount and the facts supporting it)
2. Pay the fees — the Form B filing fee is C$50, plus an additional C$50 for the counterclaim. Total: C$100
3. File at the court registry where the original claim was filed, at least 10 days before your scheduled appearance date
4. Serve the plaintiff with a copy of your filed Form B, and file proof of service (Form E or F affidavit) with the registry

The same 10-day deadline applies — your counterclaim must be filed and served at least 10 clear days before the Case Management Conference date on your summons.

What Happens at the Hearing

Both the original claim and your counterclaim are considered together. At the Case Management Conference, the judge reviews both sides and may explore settlement. If the case goes to trial, you'll need to present evidence supporting your counterclaim just as the plaintiff presents evidence for theirs.

The judge can award judgment on the original claim, your counterclaim, or both. If the plaintiff owes you more than you owe them, the judgment reflects the net difference in your favour.

A Note on Evidence

Because the counterclaim carries the same burden of proof as the original claim, gather everything that supports your position: contracts, invoices, photographs of defective work, messages, repair estimates from third parties. Organize these chronologically before the CMC — the judge may ask to see them during that first conference.

The Saskatchewan Small Claims Response Guide covers counterclaim strategy alongside the full defence process, including a settlement calculator worksheet for sorting out overlapping claims.

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