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For Defendants • Respond Within 20 Days

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
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Get Your Defence Reviewed

Send us the claim details. We reply within 24 hours.

Your information is kept confidential.

LSO Licensed Paralegals
Confidential Consultation
24-Hour Response

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.

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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.

  1. 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.

  2. 02

    Get the file reviewed

    We identify the real legal issues, the weak points in the claim, and any limitation problem.

  3. 03

    File the Defence

    We draft, file and serve a Defence that responds to every allegation.

  4. 04

    Settlement conference

    A judge helps the parties explore resolution. Many claims end here on better terms.

  5. 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.

Start Free Assessment Call (437) 755-5816

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 more

Recover Money Owed

Suing for unpaid invoices, deposits, damages and broken contracts.

Read more

The Court Process

Every stage from first call to enforcing a judgment.

Read more

Fees & Court Costs

How our fees work and what the court charges.

Read more

Small Claims FAQ

Answers to the questions Ontarians ask most.

Read more

Free Case Assessment

Tell us what happened — we reply within 24 hours.

Read more

Need something else? Contact Aria Legal or browse our other services: Landlord & Tenant Board, Traffic Tickets, Notary Services.

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