How to File a Counterclaim in Manitoba Small Claims Court

What Is a Counterclaim in Manitoba Small Claims Court?

A counterclaim is a separate monetary claim filed by a defendant against the claimant, arising from the same transaction or event. If someone sues you in the Small Claims Court of Manitoba (a division of the Court of King's Bench) and you believe they actually owe you money, filing a counterclaim lets you pursue your own damages without starting a second case.

Both the original claim and the counterclaim are heard together at the same hearing, which saves time and avoids contradictory decisions.

When a Counterclaim Makes Sense

You might file a counterclaim if:

• A contractor sues you for an unpaid invoice, but you paid a deposit for work they never finished
• A buyer demands a refund, but their use of the product caused damage you need compensated
• Your landlord's contractor sues you, but the contractor's negligence damaged your property

The counterclaim must be for a monetary amount — Manitoba Small Claims Court can only award money damages, not orders to return property or perform specific actions. Your counterclaim is also subject to the $20,000 limit (effective January 1, 2025), and the $2,000 cap on general (non-quantifiable) damages still applies.

How to File: Form 76E Step by Step

The official Defence and Counterclaim (Form 76E) is available from the Manitoba Courts website or a Court of King's Bench registry.

Filing fee: $50, payable at the time of filing. Compare this to $75–$100 for an original claim — counterclaims are cheaper to file.

Filing method: Like all Manitoba small claims documents, Form 76E must be filed as a paper copy — either in person at a court registry or by mail. Electronic filing is not accepted for small claims matters.

On the form, set out the facts and the specific dollar amount you are claiming. Itemize your losses clearly: the court officer who hears your case needs to see how each dollar figure connects to a specific loss.

Serving the Counterclaim

After filing Form 76E with the court, you must serve a copy on each claimant within 30 calendar days. Service methods include personal delivery, leaving it with a person who appears to be at least 16 years old at the claimant's residence, or registered mail.

File a Declaration of Service (Form 76B) with the court for each claimant after service.

Deadlines to Watch

File the Defence and Counterclaim (Form 76E) within 20 calendar days after you are served with the Small Claim. Then serve it on each claimant within 30 calendar days after filing and file a Declaration of Service (Form 76B).

If you miss the 20-day deadline, the claimant may ask the court to note you in default and issue a default decision. Contact the court office promptly about the available steps.

What Happens at the Hearing

The court officer hears both the original claim and the counterclaim at the same hearing. Each side presents their evidence and arguments. The court officer can:

• Award the full amount on the original claim and dismiss the counterclaim
• Dismiss the original claim and award the counterclaim
• Award partial amounts on both, resulting in one net payment
• Dismiss both entirely

The decision is recorded in a Certificate of Decision, which is mailed to both parties.

Should You Counterclaim or Just Defend?

Not every defendant needs a counterclaim. If your goal is only to dispute the claim or ask for time to pay, file a Defence (Form 76D). The filing fee is $50. Use Form 76E if you also want the court to award you money.

If the amount you are owed exceeds $20,000, you can abandon the excess to bring it within the small claims limit — but that waiver is permanent. You cannot later sue for the abandoned portion.

For a complete walkthrough of every form and deadline in the Manitoba small claims process — from demand letters through enforcement — the Manitoba Small Claims Filing Guide covers all of it in one structured sequence.

See more Manitoba guides →