How to Respond to an Ontario Small Claims Court Claim Without a Lawyer
Most defendants in Ontario Small Claims Court represent themselves, and the court is designed for exactly that. You do not need a lawyer or a paralegal to file a Defence (Form 9A), attend a settlement conference, or present your case at trial. What you do need is a clear understanding of the procedure — the forms, the deadlines, the fees, and what happens at each stage — because the court assumes you know the rules even if you have never been inside a courtroom.
This guide covers the full defendant's path from service to post-decision, written for someone doing it alone.
The Process from Start to Finish
Stage 1: Verify Service and Calculate Your Deadline
When you receive a Plaintiff's Claim (Form 7A), the first thing to do is confirm it is a real court document. Look for a court file number, the issuing court's name and address, and a filing date. Then calculate your 20-day response deadline under Rule 9.01.
The 20 days run from the date of service — not the date the claim was filed. How you were served affects the calculation:
- Personal service (someone hands it to you): the clock starts that day
- Registered mail or courier: add five calendar days to the mailing date
- Substituted service (ordered by the court): depends on the method specified in the order
If the 20th day falls on a weekend or statutory holiday, your deadline extends to the next business day.
Stage 2: Choose Your Response Option
Ontario Small Claims Court gives defendants four options:
Dispute the full claim. You file a Defence (Form 9A), filing fee $77. You are saying the plaintiff is wrong about the facts, the amount, or both. This is the most common response.
Admit the claim and propose a payment plan. You file a Defence (Form 9A) admitting the debt and proposing instalments or a deferred lump-sum date. If the plaintiff does not disapprove the proposal within 20 days, the proposed terms are deemed accepted. If the plaintiff disapproves, the clerk schedules a Terms of Payment Hearing, where the court sets payment terms based on your financial circumstances.
Admit part, dispute part. You file a Defence (Form 9A) acknowledging you owe some amount but disputing the rest. For example, a contractor claims $12,000 but you say the work was worth $7,000 based on what was actually completed.
File a Defendant's Claim (counterclaim). You file a Defendant's Claim (Form 10A) within 20 days after filing your Defence; the filing fee is $108. You are claiming the plaintiff owes you money — the contractor did substandard work and you want the cost of repairs, or the car seller misrepresented the vehicle and you want your money back. You can file a Defence and a Defendant's Claim at the same time.
Stage 3: Complete and File the Form
The Defence (Form 9A) is available as a fillable PDF from the Ontario Court Forms portal (ontariocourtforms.on.ca). It asks for the court file number, the names and addresses of all parties, and your reasons for disputing the claim. The "Reasons for Disputing the Claim" section is where most self-represented defendants struggle — it is a free-text field where you need to clearly state what you disagree with and why.
Structure your response around the specific allegations in the Plaintiff's Claim. If the plaintiff says you owe $8,000 for renovation work, explain what was actually done, what was defective, and what the work was worth. Keep the Defence focused on your response; relevant documents and witness lists are exchanged before the settlement conference.
You can file the Defence in two ways:
- Online through Small Claims Court Submissions Online (Justice Services Online), which accepts PDF uploads and processes them electronically
- In person at the court office listed on the Plaintiff's Claim
The filing fee is $77, payable online by credit card or at the court office by cash, debit, credit card, or cheque.
Stage 4: Serve the Plaintiff
After filing, you must serve a copy of the Defence on the plaintiff (and the plaintiff's representative, if they have one). Acceptable service methods include personal delivery, registered mail, courier, fax (if they consented to fax service), or email (if they consented to email service).
Then complete an Affidavit of Service (Form 8A) confirming when, where, and how you served the documents, and file it with the court. This step is easy to overlook and important — without proof of service, the court may not accept that the Defence was properly served.
Stage 5: Settlement Conference
After the Defence is filed, the court schedules a settlement conference. This is a mandatory meeting with a judge (or deputy judge) where both sides discuss the case, explore settlement, and identify the issues for trial if no agreement is reached.
The settlement conference is not a trial. The judge can encourage settlement, help narrow the issues, and make procedural orders, but cannot make a final decision on the merits — with one exception: if the claim is under $5,000, both parties can sign a Consent (Form 13B) allowing the judge to make a final binding decision at the settlement conference.
What to prepare:
- An organized evidence binder with every document, photograph, receipt, text message, or contract you intend to rely on
- A brief written summary of your position (one to two pages)
- Copies of everything for the judge and the other side
Many settlement conferences are conducted by videoconference. The Notice of Settlement Conference from the court will specify the format.
Stage 6: Trial
If the settlement conference does not resolve the case, either party can request a trial date. The fee to fix a trial date is $308.
At trial, the plaintiff presents their case first, then you present yours. You can call witnesses — if a witness will not attend voluntarily, you can compel them with a Summons to Witness (Form 18A) served at least 10 days before the trial date. Issuing the summons costs $33; attendance money is $11 per day for a standard non-party witness or $27 per day for a professional witness, plus prescribed travel costs under O. Reg. 332/16.
Rules of evidence in Small Claims Court are relaxed compared to Superior Court, but basic principles apply: your evidence should be relevant, organized, and presented clearly. Hearsay (secondhand information) is admissible but given less weight.
The judge will either give a decision at the end of the trial or reserve it and mail the decision to both parties later.
Stage 7: After the Decision
If the judge dismisses the claim, you are done — unless the plaintiff appeals (and only if the claim exceeds $5,000, which is the Divisional Court appeal threshold).
If the judge orders you to pay, you can:
- Pay the amount — the plaintiff may agree to installments
- Request a payment terms hearing — the court can order a payment schedule based on your financial situation (you will need to complete a Financial Statement, Form 20I)
- Appeal to the Divisional Court — but only if the claim exceeds $5,000, and you must file within 30 days of the order
What Self-Represented Defendants Get Wrong
The most common mistakes are procedural, not substantive:
Missing the 20-day deadline. This is by far the biggest risk. Once you are noted in default, the plaintiff can seek a default judgment. For a fixed debt or liquidated sum, the clerk can issue judgment without a hearing; unliquidated damages require an assessment hearing before a judge. You can bring a motion to set aside the noting in default or default judgment (Form 15A, fee $127), but it requires meeting a three-part legal test and the outcome is not guaranteed.
Not serving the Defence. Filing at the court is only half the job. You must also serve a copy on the plaintiff and file proof of service (Form 8A). Defendants who file but forget to serve create a procedural gap the plaintiff can exploit.
Arriving at the settlement conference without organized evidence. The judge will ask what documents you have. Showing up with a pile of loose papers signals that you are unprepared. A binder with tabbed sections — contract, correspondence, photos, receipts — makes a difference.
Arguing the merits instead of stating facts. In the Defence and at the hearing, state what happened and what you can prove. "The contractor did substandard work and here are the photos and the independent estimate" is stronger than "This is unfair and I should not have to pay."
Tools That Help
The Defending a Claim in Ontario Small Claims Court guide covers every stage above in one document with five printable worksheets for tracking deadlines, organizing evidence, and mapping your response options. It is designed specifically for self-represented defendants.
For free help: Steps to Justice (stepstojustice.ca) has an interactive defendant pathway, Pro Bono Ontario (1-855-255-7256) provides 30 minutes of free legal advice to eligible callers, and the Law Society Referral Service offers a free 30-minute consultation with a paralegal or lawyer.
Free Download
Get the Ontario Small Claims Response Checklist
Everything in this article as a printable checklist — plus action plans and reference guides you can start using today.
Who This Is For
- Someone in Ontario who has been served with a Small Claims Court claim and wants to handle the response without paying for a lawyer or paralegal
- A self-represented defendant who has already filed the Defence and wants to understand what comes next — the settlement conference, trial, and post-decision steps
- A family member helping a defendant navigate the process
- Anyone who wants to understand the full timeline before deciding whether to self-represent or hire help
Who This Is NOT For
- Defendants sued by a lender, debt buyer, or collection agency — contact Pro Bono Ontario (1-855-255-7256) for free legal advice first
- Anyone who needs legal advice about the merits of their case — the process can be handled alone, but assessing whether your defence is strong requires a legal professional
- People whose claim is in Superior Court (above $50,000) or at a tribunal (Landlord and Tenant Board, Human Rights Tribunal) — different procedures apply
Frequently Asked Questions
Do I need a lawyer or paralegal for Ontario Small Claims Court?
No. Small Claims Court is specifically designed for self-represented litigants. The rules are simpler than Superior Court, the forms are standardized, and most defendants represent themselves. A lawyer or paralegal is optional and makes the most sense for complex or high-value claims.
What does it cost to defend a Small Claims claim in Ontario?
The Defence filing fee is $77. If you file a Defendant's Claim (counterclaim), it costs $108. A Motion to Set Aside Default is $127. The trial date request fee is $308. Issuing a Summons to Witness costs $33; attendance money is $11 per day for a standard non-party witness or $27 per day for a professional witness, plus prescribed travel costs. These are the listed court fees under O. Reg. 332/16; other case-related expenses, such as service or representation costs, are separate.
Can I file my Defence online?
Yes. Small Claims Court Submissions Online (Justice Services Online) accepts electronic filings of the Defence (Form 9A), Affidavit of Service (Form 8A), and supporting documents. You pay the filing fee by credit card during the submission.
What if I was served but the claim seems wrong or exaggerated?
File a Defence (Form 9A) disputing the amount or the facts. In the "Reasons for Disputing the Claim" section, state specifically what you disagree with and what evidence you have. The settlement conference and trial are where you present your evidence and the judge assesses both sides.
What if I think the plaintiff owes ME money?
File a Defendant's Claim (Form 10A) within 20 days after filing your Defence. The filing fee is $108. The two claims are heard together at the settlement conference and trial. Common examples: a contractor sues for the remaining payment, and you counterclaim for the cost of fixing their substandard work.
Can I settle out of court at any point?
Yes. You can reach a settlement with the plaintiff at any stage — before filing the Defence, after filing, at the settlement conference, or even during the trial. If you settle, file a Consent (Form 13B) with the court so the claim is formally resolved and can be enforced if the other side does not follow through.
Get Your Free Ontario Small Claims Response Checklist
Download the Ontario Small Claims Response Checklist — a printable guide with checklists, scripts, and action plans you can start using today.