Defendant’s Claim (Form 10A) – Rules of the Small Claims Court Forms – Ontario Court Services

The Defendant’s Claim (Form 10A) is used in the Ontario Superior Court of Justice for defendants who wish to file a claim against the plaintiff or another party in a small claims court case. This form allows the defendant to present their counterclaim or crossclaim, detailing the reasons and the amount being claimed. By accurately completing and filing this form, defendants can formally present their claims and seek legal recourse against the plaintiff or other relevant parties in the small claims court.

Follow these steps to fill out the form accurately:

Court Information

• Superior Court of Justice: The form is for use in the Ontario Superior Court of Justice, specifically within the Small Claims Court.
• Claim Number: Enter the claim number assigned to the case. This can be found on the initial claim filed by the plaintiff.

Plaintiff and Defendant Information

• Plaintiff by Defendant’s Claim: This section captures the details of the plaintiff against whom you (the defendant) are making a claim.
  • Name: Provide the last name or company name, first name, and second name (if applicable).
  • Address: Include the full address, city/town, province, postal code, and phone number.
  • Email: Enter the email address of the plaintiff.
  • Representative: If the plaintiff has a legal representative, provide the representative’s name, Law Society of Ontario number, and their contact details.
• Defendant by Defendant’s Claim: This section captures your details (the defendant making the claim).
  • Name: Enter your last name or company name, first name, and second name (if applicable).
  • Address: Provide your full address, city/town, province, postal code, and phone number.
  • Email: Enter your email address.
  • Representative: If you have a legal representative, provide their name, Law Society of Ontario number, and their contact details.

Reasons for Claim and Details

• What happened? Where? When?: Clearly describe the events that led to your claim. Include specific details about where and when these events occurred.
• Amount Claimed: Specify the principal amount you are claiming. If you are claiming the return of goods, describe them.
• Interest: If you are claiming pre-judgment interest, specify the date from which the interest is claimed and choose the applicable interest rate (under the Courts of Justice Act or a specific agreement).
• Additional Pages: Check this box if you need to attach additional pages to provide more details.

Supporting Documents

• Attachments: Attach copies of any documents that support your claim (e.g., contracts, repair bills, photographs of damaged goods). If evidence is lost or unavailable, explain why it is not attached.

Signature and Date

• Signature of Plaintiff or Representative: Sign and date the form to validate your claim.
• Signature of Clerk: The court clerk will sign and date the form upon filing.

Filing the Form

• Online Filing: You can file the Defendant’s Claim online at www.ontario.ca/page/file-small-claims-online.
• Court Office: Alternatively, take or mail the completed form and any attachments to the court office where the plaintiff’s claim was filed. Pay the required filing fee.

Serving the Claim

• Serve the Documents: You must serve a copy of the filed claim and supporting documents to each person or party you are claiming against. Follow the rules outlined in the Small Claims Court “Guide to Procedure in the Small Claims Court – Serving Documents” available at the court office or online at www.ontario.ca/page/civil-law-information-and-resources.

Important Reminders

• Defence Filing: If you do not file a defence within 20 calendar days after being served with the Defendant’s Claim, a judgment may be obtained against you without further notice.
• Accessibility: For information on accessibility of court services for people with disability-related needs, contact the following numbers:
  • Telephone: 416-326-2220 / 1-800-518-7901
  • TTY: 416-326-4012 / 1-877-425-0575

By carefully following these steps, you can accurately complete and file the Defendant’s Claim (Form 10A) to present your case in the Ontario Small Claims Court.