Manitoba Small Claims Defendant Counterclaim — When to Use Form 76E

Being sued doesn't mean the claimant is the only one with a valid claim. If you have your own monetary loss arising from the same transaction or relationship, Manitoba's small claims rules let you fight back and claim at the same time — without filing a separate action. That's what Form 76E is for.

Form 76D vs. Form 76E

Form 76D is a defence only — you dispute the claimant's version of events and ask the Court Officer to dismiss or reduce their claim.

Form 76E is a defence and counterclaim — you dispute their claim and simultaneously assert your own dollar claim against them. The Court Officer hears everything together at the same hearing.

You cannot file both forms. If you want to counterclaim, it's 76E only.

When a Counterclaim Makes Sense

The counterclaim must arise from the same transaction or event as the original claim. Typical scenarios:

• A contractor sues you for an unpaid invoice, but you spent $6,000 hiring another contractor to fix their defective work. Your counterclaim: $6,000 in repair costs.
• A customer sues for a refund, but they damaged your equipment before returning it. Your counterclaim: repair or replacement costs for the equipment.
• A car accident claim where both drivers have uncompensated losses from the same collision.

You can't use Form 76E to bring an unrelated claim. If the contractor who's suing you for an unpaid renovation also owes you for a completely separate loan, that loan is a separate action (Form 76A filed independently), not a counterclaim.

Filing Fee and Process

The filing fee for Form 76E is $50 — the same as Form 76D. There's no additional charge for adding the counterclaim. File it at the court registry within 20 calendar days of being served, just like a regular defence.

After filing, you must serve a copy of Form 76E on every named claimant within 30 calendar days. Use personal service or registered mail, then file your Declaration of Service (Form 76B) with tracking proof.

The claimant doesn't need to file a separate defence to your counterclaim. Once served, the counterclaim is treated as contested and both the original claim and your counterclaim are heard together.

The $20,000 Ceiling

Manitoba's small claims limit is $20,000, and your counterclaim is subject to the same cap. If your loss exceeds $20,000, you have to choose:

Waive the excess. Explicitly abandon everything above $20,000 on the form. The Court Officer can award up to $20,000 on your counterclaim, and you permanently give up the rest. You can't sue for the difference later.

Transfer to regular civil court. If you refuse to waive, the entire proceeding — the original claim and your counterclaim — moves to the regular civil list of the Court of King's Bench. That means formal pleadings, discovery, strict evidence rules, and the possibility of paying the other side's legal costs if you lose. For most claims under $20,000, this trade-off isn't worth it.

What to Write on Form 76E

The form has two sections. The first is your defence — same as Form 76D, explaining why the claimant's claim is wrong or inflated. The second is your counterclaim — a concise factual statement of what the claimant owes you and why.

For the counterclaim section:

1. State the transaction or event (same one as the original claim)
2. Explain what the claimant did or failed to do that caused your loss
3. State the dollar amount you're claiming and how you calculated it
4. Reference any supporting documents (invoices, quotes, photos)

Keep it factual and specific. "The claimant abandoned the project mid-work, requiring me to hire a replacement contractor at a cost of $6,200" is what the Court Officer needs. Save the full evidence presentation for the hearing.

The Manitoba Small Claims Response Guide includes a step-by-step Form 76E worksheet and guidance on calculating your counterclaim amount.

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