Defence (Form 9A) – Rules of the Small Claims Court Forms – Ontario Court Services

Form 9A is utilized by defendants in the Ontario Superior Court of Justice to respond to a claim filed against them in Small Claims Court. This form allows the defendant to dispute the claim, admit the claim and propose terms of payment, or admit part of the claim and propose payment terms for the admitted amount. Form 9A is essential for defendants in Small Claims Court to formally respond to a claim and outline their defence or payment proposal. It ensures that the legal process is followed correctly and that all parties are properly informed of the defendant’s stance.

Follow these steps to complete the form correctly.

Step-by-Step Instructions

Court and Case Information

1. • Superior Court of Justice: Enter the name of the court.
   • Small Claims Court: Confirm the type of court.
   • Claim Number: Fill in the claim number provided in the plaintiff’s claim document.

Plaintiff and Defendant Information

1. • Plaintiff Details
     • Enter the last name or company name, first name, and any additional names.
     • Fill in the address, city/town, province, phone number, postal code, and email address.
     • If there are additional plaintiffs, check the box and attach Form 1A.
     • Indicate if the plaintiff is under 18 years of age.
     • Include the representative’s details if the plaintiff has legal representation.
   • Defendant Details
     • Enter your last name or company name, first name, and any additional names.
     • Fill in your address, city/town, province, phone number, postal code, and email address.
     • If there are additional defendants, check the box and attach Form 1A.
     • Indicate if you are under 18 years of age.
     • Include your representative’s details if you have legal representation.

Response to the Claim

1. • Name of Defendant(s): Enter your name or the names of all defendants.
   • Check Applicable Options
     • If you dispute the claim, check the box.
     • If you admit the full claim, check the box and propose terms of payment, including the amount, frequency (week/month), and start date.
     • If you admit part of the claim, check the box and specify the amount, frequency, and start date.

Details of the Defence

1. • Reasons for Disputing the Claim
     • Provide a detailed explanation of what happened, including where and when.
     • Explain why you disagree with the claim made against you.
     • Attach copies of any supporting documents. If evidence is unavailable, explain why.

Additional Information

1. • If you need more space, check the box indicating that additional pages are attached.
   • Signature and Date
     • Sign and date the form.
     • Ensure the date is within seven days of any change in your address for service.

Filing Instructions

1. • Step 1: Complete the Form
     • Ensure all information is accurate.
     • Attach all relevant documents.
     • Use Form 1A if there are additional parties.
   • Step 2: Serve the Form
     • Serve the completed Defence form and attachments on every other party involved in the case.
     • Complete proof of service using either an Affidavit of Service (Form 8A) or a Lawyer or Paralegal’s Certificate of Service (Form 8B).
   • Step 3: File the Form
     • File your Defence form, related documents, and proof of service online or at the court office where the plaintiff filed the claim.
     • Do this within 20 days of receiving the claim.
     • Pay the court filing fee, if applicable.
   • Missed Deadline
     • If you miss the 20-day deadline, you can still file the Defence as long as the plaintiff has not yet asked the court to note you in default.
     • If noted in default, additional steps are required to file a defence.

Terms of Payment and Default

1. • If your Defence contains a payment proposal and you fail to adhere to it, a judgment for the unpaid balance may be ordered against you.

Filing a Defendant’s Claim

1. • If you believe the plaintiff owes you money or another party is responsible for the loss, you can file a Defendant’s Claim (Form 10A) within 20 days of filing your Defence.
   • Additional steps and fees apply if this deadline is missed.

By following these instructions, you can accurately complete and file Defence (Form 9A) to ensure your response to the claim is properly recorded and processed by the court.