If you have been sued, and you believe the plaintiff owes you money or that someone else is responsible for the plaintiff’s claimed loss, you can bring a defendant’s claim. Defendant’s claims must be issued within 20 calendar days after you file your defence, and served within 6 months after they are issued.

Defendant’s claims (Form 10A) can be filed online through the Small Claims Court Submissions Online portal.

You can also file the form in-person at any Small Claims Court location.

Once the Defendant’s Claim is issued by the court, you must serve it on all parties against whom it is made.

A plaintiff’s claim must be served personally, even if the party is outside Ontario. If you wish to serve the claim in another way, you must bring a motion asking the Court’s permission.

Whoever served a party must swear or affirm an Affidavit of Service (Form 8A). This document tells the Court that that party was successfully served. A separate Affidavit of Service is required for each party served. The form is available online and at any Small Claims Court office.

NOTE: If you are represented by a lawyer or paralegal, they may be able to file a Lawyer’s or Paralegal’s Certificate of Service (Form 8B) instead of an Affidavit of Service in certain cases.

IMPORTANT: A defendant’s claim is not the same as a defence. In a defendant’s claim, the defendant is suing the plaintiff and/or another person. In a defence, the defendant is responds to the allegations the plaintiff made in their claim.