How to Fill Out Form 2 Defence in Nova Scotia Small Claims Court

Where to Get Form 2

Form 2 (Notice of Defence / Counterclaim) comes attached to the Form 1 Notice of Claim that was served on you. If you've misplaced it or need a clean copy, download one from the Nova Scotia interactive court forms portal at interactivecourtforms.ns.ca. The online tool generates a fillable PDF, but the Small Claims Court does not accept digital submissions — you must print, sign, and file the paper copy at your local Justice Centre registry counter.

Section 2.1: Writing Your Defence

Section 2.1 is labelled "About Your Defence." This is where you tell the adjudicator your side of the story. The key is to be specific and factual rather than emotional.

For each allegation in the Notice of Claim, do one of three things:

• Deny it — state clearly which fact you dispute and why. "I deny that the work was incomplete. I finished all items listed in the October 3 contract, as shown in the attached photographs dated November 12."
• Admit it — if part of the claim is true, say so. Admitting undisputed facts focuses the hearing on what actually matters.
• Provide your version — where the claimant's facts are partially wrong, give the correct version with dates, amounts, and supporting details.

Avoid phrases like "that's unfair" or "they're lying." Adjudicators weigh evidence, not emotional language. Stick to what happened, when it happened, and what documents prove it.

Common Mistakes That Weaken a Defence

Writing too little. A one-sentence defence like "I don't owe this money" gives the adjudicator nothing to work with. Explain the factual basis for your position — the contract terms, the timeline of events, and the evidence you'll present at the hearing.

Writing too much. A rambling five-page narrative buries your strongest points. Organize your response around the specific allegations in the Notice of Claim, point by point.

Missing the counterclaim opportunity. If the claimant owes you money from the same transaction — say a contractor who damaged your property while doing the work — Section 2.2 lets you file a counterclaim within the same proceeding. The counterclaim filing fee is $66, though low-income defendants can apply for a fee waiver.

Forgetting to sign. An unsigned Form 2 is incomplete. Sign the printed document before filing it at the registry.

Filing and Serving Your Completed Form 2

Once Form 2 is complete, printed, and signed, you need to do two things within your 20-day response deadline:

1. File it at the courthouse registry counter listed on your Notice of Claim. Filing a defence (Section 2.1 only) costs nothing.
2. Serve a copy on the claimant by personal delivery through a non-party adult aged 19 or older, or by registered mail. Then file a sworn Affidavit of Service with the registry to prove delivery.

Both steps — filing and service — must happen before the 20-day deadline expires. Filing alone without serving, or serving without filing, leaves you exposed to a default judgment application.

What Happens After You File

Once your Form 2 is on file, the court schedules a hearing where both sides present their evidence. The claimant goes first, then you present your defence. You'll want three hard copies of all your evidence — one for yourself, one for the adjudicator, and one for the claimant.

If you also filed a counterclaim in Section 2.2, the adjudicator hears both the original claim and your counterclaim at the same hearing and issues a single decision.

Need a complete walkthrough of the entire defence process, from reading the served papers through hearing day? The Nova Scotia Small Claims Response Guide covers every step with deadline worksheets and evidence checklists.

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