Served with a claim? Do not let the deadline pass.
Being sued does not mean you owe the money. A properly drafted Defence protects you from default judgment and puts your side of the story in front of the court.
- Deadline checked the same day
- Defence drafted, filed and served
- Counter-claims where appropriate
- Representation at conference and trial
Get Your Defence Reviewed
Send us the claim details. We reply within 24 hours.
How We Help
Defence support at every stage.
You Were Just Served
The clock is running. We confirm the deadline and get a Defence prepared.
Statement of Defence
A clear, properly pleaded response that puts your version of events before the court.
Negotiated Settlement
Where sensible, we resolve the matter for less than the amount claimed.
Trial Representation
If the case must be heard, we present your evidence and cross-examine.
Defendant's Claim
Counter-claims and third-party claims when someone else is responsible.
Default Judgment Help
Motions to set aside a judgment obtained without your participation.
Your Next Steps
What to do in the first week.
The order of these steps matters. Getting the first two right protects everything that follows.
- 01
Read the claim and note the date served
Your deadline runs from the day you were served, not the day the claim was issued.
- 02
Get the file reviewed
We identify the real legal issues, the weak points in the claim, and any limitation problem.
- 03
File the Defence
We draft, file and serve a Defence that responds to every allegation.
- 04
Settlement conference
A judge helps the parties explore resolution. Many claims end here on better terms.
- 05
Trial, if needed
We present evidence, question witnesses and make submissions on your behalf.
Evidence
Start gathering this now.
- The Plaintiff's Claim and the envelope or affidavit of service
- Any contract, quote, or written agreement
- Proof of payments you already made
- Emails and texts showing what was actually agreed
- Photos of the work, goods or property in question
- Names of anyone who witnessed the events
Common Defences
Reasons a claim may fail.
- The limitation period has expired
- The wrong party was named in the claim
- The goods or services were delivered as agreed
- The amount claimed is inflated or unproven
- The plaintiff caused or contributed to the loss
- The debt was already settled or paid in part
Whether any of these apply depends entirely on your facts. This page is general information, not legal advice.
20-Day Deadline
A missed deadline can cost you the whole case.
Speak to a licensed Ontario paralegal today — free and confidential.
Common Questions
Defendant questions, answered.
Still have questions? Call (437) 755-5816 for a free consultation.
How long do I have to file a Defence?
In Ontario Small Claims Court you generally have 20 calendar days after you were served with the Plaintiff's Claim to file a Defence. Missing that window can lead to default judgment.
What happens if I ignore the claim?
The plaintiff can note you in default and ask the court for judgment without your input. That judgment can then be enforced against your wages, bank account or property.
Can a default judgment be set aside?
Sometimes. The court considers why the deadline was missed, how quickly you moved, and whether you have a defence worth hearing. There is no guarantee, so act immediately.
Can I make a claim back against the plaintiff?
Yes. If the plaintiff owes you money arising from the same situation, a Defendant's Claim can be filed so both issues are decided together.
Will I have to attend court myself?
As your licensed representative we can attend the settlement conference and trial for you. In some situations the court may still want to hear directly from you as a witness.
Keep Reading
Explore the Small Claims hub
Small Claims Court
The complete guide to claims up to $50,000 in Ontario.
Read moreRecover Money Owed
Suing for unpaid invoices, deposits, damages and broken contracts.
Read moreThe Court Process
Every stage from first call to enforcing a judgment.
Read moreFees & Court Costs
How our fees work and what the court charges.
Read moreSmall Claims FAQ
Answers to the questions Ontarians ask most.
Read moreFree Case Assessment
Tell us what happened — we reply within 24 hours.
Read moreNeed something else? Contact Aria Legal or browse our other services: Landlord & Tenant Board, Traffic Tickets, Notary Services.
