How to Fill Out Form 76D Manitoba Small Claims Defence

Form 76D is one page, but the blank "Reasons for Disputing" box has frozen more Manitoba defendants than any other part of the small claims process. You're staring at an empty rectangle wondering whether you need to write a legal brief or a novel. You don't. Here's exactly what goes in each section and what the Court Officer actually reads.

Where to Get the Form

Form 76D is available as a free PDF from the Manitoba Courts website under the Court of King's Bench civil forms directory. A blank copy should also have been included in the envelope with your Form 76A claim. Either version works — the court registry accepts printed or handwritten copies, as long as every field is legible.

The Header Section

Fill in the court file number exactly as it appears on Form 76A. Match the judicial centre (Winnipeg, Brandon, Dauphin, or whichever location the claim was filed at). Copy the claimant's and defendant's names and addresses from Form 76A — spelling, middle initials, and business names must match the court file.

Choosing Your Response Box

Form 76D has two checkboxes at the top. You must pick one:

"I dispute the claim" — You disagree with what the claimant says happened, or you disagree with the amount. This leads to a contested hearing where both sides present evidence.

"I do not dispute the claim but wish to request time for payment" — You accept that you owe the money. A Court Officer will schedule an appearance to set up an instalment plan. If you check this box, you skip the "Reasons" section entirely — there's nothing to dispute.

Most defendants check the first box. If you're unsure whether you owe the full amount, dispute it. You can always settle before the hearing.

Writing Your Dispute Reasons

This is where defendants get stuck. The box doesn't need legal citations or formal language. Write plain sentences explaining your version of events and why the claimant's amount or story is wrong. A Court Officer — not a judge, in most cases — reads this to understand the basic dispute before the first appearance.

Structure it simply:

1. What happened — Your factual account. "The claimant contracted to renovate my kitchen for $12,000. Work began in March 2026 and was abandoned incomplete in May 2026."
2. What's wrong with the claim — Why you disagree with the amount, the facts, or both. "The claimant is billing for work that was never completed. I paid $8,000 of the $12,000 contract. The unfinished work required $4,500 in repairs by another contractor."
3. What you want — "I ask that the claim be dismissed" or "I ask that the amount be reduced to reflect the actual work completed."

Keep it to half a page. The hearing is where you present the full story with evidence — the form just frames the dispute.

Avoid emotional language, personal attacks, or irrelevant background. "The claimant is a terrible person" doesn't help. "The claimant invoiced for materials that were never delivered" does.

Filing and the $50 Fee

Print the completed form, sign and date it, and bring it to the court registry where the claim was filed. The filing fee is $50, payable in cash, debit, certified cheque, or money order payable to the Minister of Finance. Manitoba's small claims court does not accept e-filing, email, or fax.

You must file within 20 calendar days of being served. The registry stamps your copy with a filed date — keep this stamped copy. It's your proof of timely filing.

Serving the Claimant

Filing at the registry isn't the final step. You must also serve a copy of your filed Form 76D on every named claimant. You have 30 calendar days from the filing date to complete service via personal delivery or registered mail. After serving, complete Form 76B (Declaration of Service) and file it at the registry with your Canada Post tracking receipt if you used registered mail.

Common Mistakes

Writing too much. The reasons box isn't your closing argument. Save the details for the hearing. A half-page summary is enough.

Filing at the wrong registry. Your defence must go to the court centre listed on Form 76A — not the one nearest your home.

Forgetting to serve the claimant. Filing the form protects you from default, but the court needs proof you served it. Skipping Form 76B can create procedural problems at the hearing.

The Manitoba Small Claims Response Guide includes a form completion checklist and a sample dispute-reasons template to help you draft your Form 76D with confidence.

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