If you have been sued, then you are a defendant. The party suing you is the plaintiff. All plaintiffs and defendants in the case are parties.

You must complete the Defence (Form 9A). This form is available online and at any Small Claims Court office.

You must serve the Defence on all other parties. 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. If one person served multiple parties, a separate Affidavit of Service is required for each party. The form is available online and at any Small Claims Court office.

You must file the Defence with proof with the Court within 20 calendar days from the date you were served with the Claim.

You may file the Defence through the Small Claims Court Submissions Online Portal. You may also file the Defence in person at any Small Claims Court location.

IMPORTANT: If you do not serve and file your defence by the deadline, then you may be noted in default and the Court may order judgment against you without your participation. The deadline is generally 20 calendar days from the date you were served with the plaintiff’s claim.