How to Fill Out Form 2 Statement of Defence in NWT Small Claims

What Form 2 Is and Where to Get It

Form 2 (Statement of Defence) is the official court document you file to respond to a small claim in the Territorial Court of the Northwest Territories. A blank copy should have been included with the Form 1 (Statement of Claim) you were served. You can also download it from the NWT Courts website.

Filing a defence that only disputes or proposes payment is free. If you include a counterclaim, a filing fee applies.

Section-by-Section Walkthrough

Header and Registry Information

Copy the registry location (Yellowknife, Hay River, or Inuvik) and the registry file number exactly as they appear on Form 1. Getting these wrong can delay processing or cause your defence to be filed under the wrong case.

The "FROM" and "TO" Boxes

In the "FROM" box, enter your full legal name, physical address for service, phone number, and email. The court requires a physical address — a PO box alone is not accepted as a primary service address.

In the "TO" box, enter the plaintiff's details as shown on Form 1.

The Dispute Section

This is the core of your defence. Form 1 breaks the claim into lettered items (a, b, c) under the "HOW MUCH?" section. You must respond to each item individually in the dispute box.

Keep your responses factual and concise. You do not need to present full legal arguments or attach all your evidence at this stage. A clear denial with a brief reason is enough:

• "Item (a): I dispute the amount of $4,200 for flooring installation. The agreed price was $3,100 as confirmed in the written quote dated March 15."
• "Item (b): I dispute the $800 claimed for materials. The materials were supplied by me, not the plaintiff."

If you agree with some items and dispute others, say so. Partial admissions are fine.

The Agreement / Payment Proposal Section

If you accept liability for part or all of the claim and want to propose a payment schedule, complete this section: "I, [Your Name], agree to pay $[Amount]" followed by your proposed payment dates and instalment amounts.

Be realistic about what you can actually pay. A proposal in Form 2 is not by itself a court order; if both sides agree, the terms can be recorded in Form 12, and a judge may set a payment schedule at a payment hearing.

Additional Pages

If you run out of space in any section, check the additional page box and attach Form 45 (Additional Page). Label each continuation clearly with the section it belongs to.

Three Ways to File

Once Form 2 is complete, submit it to the court registry before your deadline (25 days if served in NWT, 30 days if served outside):

1. In person during registry hours
2. By mail to the registry's postal address (the filing date is when it arrives, not when you mail it)
3. By email as a signed PDF to the registry email

After the registry accepts your defence, staff serve a copy on the plaintiff and schedule the mandatory judicial mediation session. You do not need to serve the plaintiff yourself.

Common Mistakes to Avoid

Responding to the claim as a whole instead of item by item. The court expects you to address each lettered amount separately. A blanket "I dispute the entire claim" without specifics is weak.

Using a PO box as your service address. The court requires a physical address where documents can be delivered to you.

Waiting until the last day to mail it. If the registry does not receive it before the deadline, you are in default regardless of when you mailed it.

Getting the Full Picture

The NWT small claims response guide includes a Form 2 drafting worksheet that walks you through each section with prompts, plus the deadline calculator and settlement conference preparation tools.

See more Northwest Territories guides →