Ontario Small Claims Court Form 9A Defence

What Form 9A Is

Form 9A is the Defence — the official document a defendant serves and files to respond to a Plaintiff's Claim (Form 7A) in Ontario's Small Claims Court. It gives the court your answer to the claim and preserves your right to participate in any settlement conference and trial.

You have 20 calendar days from the date of service to serve Form 9A on every other party and file it with the court clerk, along with proof of service (Form 8A) and the $77 filing fee.

Where to Get the Form

Download the blank Form 9A from the Ontario Court Forms website (ontariocourtforms.on.ca). It's available as a fillable PDF. You can also pick up a paper copy at any Small Claims Court office.

Filling Out Form 9A Section by Section

Court file number and location: Copy these exactly from the Form 7A you were served with. The court file number appears in the top-right corner.

Parties: List every plaintiff and defendant using the exact legal names on the claim. If names were misspelled on Form 7A, use the same spelling here and raise the error in your reasons.

Response type: Check one of three boxes:

• I dispute the full amount claimed
• I dispute part of the amount claimed (specify the admitted amount)
• I admit the full claim and propose terms of payment

Reasons for disputing the claim: This is the most important section. Write clear, factual statements explaining why you don't owe what the plaintiff says. Address each allegation in the claim specifically. Don't editorialize — stick to what happened, when, and what evidence supports your version.

Proposal to pay (if admitting): If you owe some or all of the money, you can propose a payment schedule — monthly instalments or a lump sum by a specific date. Within 20 days after service of your Defence, the plaintiff can file and serve a Request to Clerk (Form 9B) for a Terms of Payment Hearing if they dispute your proposal.

Address for service: Your current address where court documents can be delivered. Include phone and email.

Filing and Service Steps

The sequence matters and trips people up:

1. Serve first — deliver a copy of your completed Form 9A to every other party (or their representative). Personal service, mail, courier, or email under the applicable service rules all work.
2. Complete Form 8A — prepare an Affidavit of Service for each other party served. Each must be sworn before a commissioner for taking affidavits (many paralegals and lawyers offer this free or cheap; remote commissioning via video is valid under O. Reg. 431/20).
3. File with the court — submit Form 9A, Form 8A, and the $77 fee to the court clerk. You can do this in person or online through Small Claims Court Submissions Online outside Toronto. Toronto Region filings use the Ontario Courts Public Portal (OCPP).

A common mistake: filing Form 9A with the court but forgetting to serve another party, or serving without a proper affidavit of service for each party. The clerk won't accept the filing without the required Form 8A affidavits.

Common Mistakes

• Putting your counterclaim in Form 9A. If the plaintiff owes you money from the same dispute, that goes in a separate Defendant's Claim (Form 10A), filed within 20 days after your Defence or later with leave of the court before trial or default judgment. Form 9A is only for responding to their claim.
• Vague reasons. "The plaintiff is wrong" won't cut it. Explain the specific facts: "The renovation contract specified completion by March 15. The plaintiff did not complete the work until June 2 and billed for materials not included in the written quote."
• Missing the deadline. If 20 days pass without a filed Defence, the plaintiff can request a noting in default under Rule 11.01. Once noted, you cannot take further steps without leave of the court or the plaintiff's consent; the default can be set aside by motion (Form 15A, $127 fee) or, if the parties consent and Rule 11.2 requirements are met, by a clerk's order (Form 11.2A).

Online Filing

The online filing portal lets you e-file Form 9A without visiting the courthouse. Outside Toronto, use Small Claims Court Submissions Online; Toronto Region cases use Ontario Courts Public Portal (OCPP). Upload your completed PDF, attach the Form 8A affidavits, and pay the $77 fee by Visa, Mastercard, or debit card. The system generates a transaction receipt, but your filing isn't officially accepted until court staff review it — check back for confirmation.

Keep original ink-signed copies for three years after e-filing (Rule 1.05.1).

After Filing

Once your Defence is accepted, the clerk schedules a settlement conference unless the Defence admits the full claim and proposes terms of payment. You'll receive a notice with the date if a conference is scheduled. In the meantime, start organizing your evidence — contracts, invoices, photos, text messages, emails — because you'll need to exchange documents at least 14 days before the conference.

Our Ontario Small Claims Court Defence Guide walks through each section of Form 9A with worked examples, covers the service sequence, and carries deadline worksheets so nothing falls through the cracks.

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