Form 9A Defence to Plaintiff’s Claim
Complete instructions for responding to a Small Claims Court claim in Ontario
Responding to a Small Claims Court Claim
Form 9A is your formal response when someone sues you in Small Claims Court. This defence tells the court your side of the dispute by admitting or denying each allegation in the Plaintiff’s Claim, explaining your version of events, and raising any legal defences that apply to your situation. Filing a proper defence preserves your right to contest the claim at trial and present evidence supporting your position. The form must follow specific requirements for content, filing location, and service on the plaintiff, and errors in any of these areas can result in your defence being rejected or struck.
The most critical requirement is the twenty-day deadline. You have exactly twenty calendar days from when you were served with the Plaintiff’s Claim to file your defence with the court. Missing this deadline allows the plaintiff to request default judgment against you for the full amount claimed, plus interest and costs, without you ever having the opportunity to dispute the claim or present your evidence. Even if you believe the claim is completely without merit, the court cannot consider your position unless you file a defence explaining it. For a complete overview of what happens after you file your defence, including settlement conferences and trial preparation, see our Small Claims Court process guide.
Download the Official Form 9A
Form 9A Defence is available from the Ontario Court of Justice. Download the current official form before completing it using the instructions below.
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Before You Complete Form 9A
Gather this information and review these requirements before drafting your defence
Read the Plaintiff’s Claim Carefully
Before writing anything, read the entire Plaintiff’s Claim you received. Understand exactly what the plaintiff alleges happened, how they calculated the amount they are claiming, and what legal basis they assert for their claim. Your defence must respond to their specific allegations, so you need to know precisely what they are claiming before you can effectively dispute it. Note every factual statement you believe is wrong, every amount you believe is miscalculated, and every conclusion you disagree with. These become the foundation of your defence.
Calculate Your Deadline
Count twenty calendar days from the date you were served with the Plaintiff’s Claim. Include weekends and holidays in your count. If the twentieth day falls on a day the court is closed, your deadline extends to the next business day. Mark this date clearly and plan to file several days early to avoid problems with court lineups, rejected filings that need correction, or other unexpected issues. Filing even one day late can result in default judgment being entered against you.
Gather Your Documents
Collect any documents relevant to the dispute: contracts, invoices, receipts, emails, text messages, photos, or anything else that supports your version of events. You will not attach these to your defence (evidence disclosure comes later), but reviewing them helps you write an accurate response and identify the facts you can prove. If documents contradict the plaintiff’s allegations, note specifically how they do so because this strengthens your defence.
Consider a Defendant’s Claim
If the plaintiff actually owes you money arising from the same situation, you may want to file a Defendant’s Claim (Form 10A) along with your defence. This counterclaim allows you to pursue your own claim against the plaintiff within the same proceeding rather than starting a separate lawsuit. Filing both forms together ensures related disputes are resolved in one case, saves filing fees, and prevents inconsistent results. If you only want to dispute their claim without making your own, filing the defence alone is sufficient.
Completing Form 9A Step by Step
Work through each section of the form carefully, ensuring all required information is complete and accurate. The court will reject incomplete forms, and errors may weaken your position even if accepted.
Court and Claim Information
Enter the court file number exactly as it appears on the Plaintiff’s Claim you received. Enter the court address where the claim was filed. This information must match the original claim precisely because your defence becomes part of that existing court file.
Party Information
Enter the plaintiff’s name and address exactly as shown on their claim. Enter your own name, address, phone number, and email. If you have a lawyer or paralegal representing you, include their contact information in the representative section. Your contact information must be current because the court and plaintiff will use it to send you notices about the case.
Writing Your Defence
This is the substantive section where you respond to the plaintiff’s allegations. Go through each factual claim in their Plaintiff’s Claim and state whether you admit it, deny it, or lack sufficient knowledge to respond. For each denial, explain your version of events with specific facts, dates, and details. State any legal defences that apply, such as limitation period expiry, payment already made, no valid contract, or failure to mitigate damages.
Sign and Date
Sign the form in the space provided. If you are an individual defendant, you sign personally. If you are defending on behalf of a corporation or partnership, the person signing must have authority to do so. Date the form with the actual date you sign it, which should be on or shortly before your filing date.
Writing an Effective Defence
What to include and how to present your position clearly
Be Specific About Facts
Vague denials like “I dispute the claim” or “the plaintiff is wrong” do not help your case. Instead, explain specifically what you dispute and why. If the plaintiff says you agreed to pay five thousand dollars for services, explain what you actually agreed to, when, and provide details about any conditions or terms they omitted. If they claim you never paid, specify what payments you made, when, and how (cash, cheque, e-transfer). Specificity makes your defence credible and gives the court something concrete to evaluate.
Address Every Key Allegation
Failing to respond to an allegation in the Plaintiff’s Claim may be treated as an admission of that fact. If the plaintiff makes ten factual claims and you only dispute three, the court may assume you accept the other seven. Go through their claim systematically and respond to each significant allegation, even if your response is that you lack sufficient information to admit or deny it. Do not leave gaps that the plaintiff can exploit at trial.
Raise Applicable Legal Defences
Beyond disputing facts, certain legal defences can defeat or reduce the claim even if the plaintiff’s facts are partially true. The limitation period defence applies if the plaintiff waited more than two years to sue. Payment or accord and satisfaction applies if you already settled the matter. Set-off applies if the plaintiff owes you money that should reduce what you owe them. Failure to mitigate applies if the plaintiff could have reduced their losses by taking reasonable steps but failed to do so. Identify which defences apply to your situation.
Avoid Emotional Language
Your defence is a legal document, not an opportunity to vent frustration about the plaintiff or the situation. Statements like “this lawsuit is outrageous” or “the plaintiff is dishonest” do not help your case and may undermine your credibility with the court. Focus on facts: what happened, when, what documents prove it. Let the facts speak to the weakness of the plaintiff’s claim rather than making character attacks that distract from the substance of your defence.
Common Types of Defences
Different situations call for different defence strategies. You may rely on one or several of these depending on your circumstances.
→ Payment Already Made
You already paid the amount demanded, in full or in part. Requires receipts, bank records, or e-transfer confirmations proving when and how much you paid.
→ Limitation Period Expired
The plaintiff waited more than two years to sue. Calculate dates carefully – if the limitation period has expired, the claim can be dismissed entirely.
→ No Valid Contract
No agreement existed, or the terms were different from what the plaintiff claims. Explain what was actually agreed and when.
→ Amount is Wrong
You may owe something, just less than claimed. Show calculation errors, improper charges, credits not applied, or work not completed.
→ Failure to Mitigate
The plaintiff could have reduced their losses by taking reasonable steps and failed to do so. This can reduce what you owe even if liability is established.
→ Set-Off
The plaintiff owes you money from the same transaction or relationship. This amount should offset what you owe them, potentially eliminating the claim.
Filing and Serving Your Defence
Filing with the Court
File your completed Form 9A at the same court location shown on the Plaintiff’s Claim. You can file in person during court hours or by mail, though mailing adds transit time that counts against your twenty-day deadline. Bring or send the original plus copies for yourself and each plaintiff. Pay the filing fee at the time of filing. The clerk will stamp your defence with the filing date and return copies to you. Keep your stamped copy as proof of timely filing.
Serving the Plaintiff
After filing, you must serve a copy of your filed defence on the plaintiff. You can serve by mail to the address shown on their claim, by fax if they provided a fax number, or in person. If the plaintiff has a lawyer or paralegal, serve their representative instead. Keep proof of service, which you may need to demonstrate that the plaintiff received your defence. Service by mail is effective five days after mailing, so account for this if relevant deadlines depend on when service is complete.
Common Mistakes to Avoid
Errors that result in rejected filings or weakened positions
Missing the Deadline
Filing even one day after the twenty-day deadline allows the plaintiff to obtain default judgment. Mark your deadline clearly and file several days early to avoid last-minute problems.
Wrong Court Location
Your defence must be filed at the same court where the plaintiff filed their claim. Filing at a different location means your defence is not in the correct court file and will not be considered.
Vague or Incomplete Responses
General denials without specific facts are weak defences. Explain precisely what you dispute and why. Unaddressed allegations may be treated as admissions.
Failing to Serve the Plaintiff
Filing with the court is not enough. You must also serve a copy on the plaintiff. Failure to serve properly can create procedural problems as your case proceeds.
Are You a Plaintiff?
If you filed a claim and the defendant has now filed a defence disputing your claim, your case will proceed to a settlement conference. You should prepare your evidence, organize your documents, and be ready to negotiate or proceed to trial. Understanding how to present your case effectively makes the difference between winning and losing.
Get Plaintiff HelpCommon Questions About Form 9A Defence
What happens if I miss the twenty-day deadline?
If you do not file a defence within twenty days of being served, the plaintiff can request default judgment against you. Default judgment means the court enters judgment for the amount claimed without you having any opportunity to dispute it or present your side. You may be able to have default judgment set aside by bringing a motion and showing you have a valid reason for missing the deadline and a meritorious defence worth hearing, but this process is expensive, uncertain, and may not succeed. Filing on time is far easier than trying to undo default judgment after the fact.
Can I file a defence if I think I owe some of the money?
Yes. Your defence can admit part of the claim while disputing the rest. For example, if the plaintiff claims you owe five thousand dollars and you believe you only owe three thousand, your defence should explain which portion you admit owing and why the remaining amount is wrong. Partial defences are legitimate and common. The court will determine the correct amount based on the evidence both parties present.
Do I attach my evidence to the defence?
No. Form 9A contains only your written response to the plaintiff’s allegations. Evidence disclosure happens later in the process, typically before the settlement conference. Your defence should reference key documents you intend to rely on, such as “I made payment on March 15, 2025 as shown by the e-transfer confirmation I will produce,” but you do not attach those documents to the defence itself. Keep your evidence organized for when disclosure is required.
Can I amend my defence after filing it?
Yes, with the court’s permission. If you realize you left something important out or made an error, you can bring a motion to amend your defence. Courts generally allow amendments if they do not unfairly prejudice the other party and are made in good faith. However, amending requires additional steps and may delay your case. Taking time to prepare a thorough defence initially is better than relying on amendments to fix problems later.
What happens after I file my defence?
After defences are filed, the court schedules a settlement conference where both parties appear before a judge or deputy judge who tries to help resolve the case without trial. You should bring your evidence and be prepared to discuss settlement options. Many cases settle at this stage. If settlement fails, the case proceeds to trial where both parties present evidence and the judge decides who owes what. For complete details on these stages, see our Small Claims Court process guide.
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