Form 9A – Defence

Jurisdiction: Country: Canada | Province: Ontario

What is a Form 9A – Defence?

Form 9A is the standard defence form in the Ontario Small Claims Court. You use it to answer a Plaintiff’s Claim that has been served on you. It is your official response to explain what you admit, what you deny, and why. It is filed after you are served with the claim and before the deadline.

You complete this form if you have been named as a defendant. That includes individuals, sole proprietors, partnerships, and corporations. Insurers often file it on behalf of insured defendants. Government bodies and associations sued in Small Claims Court also use it.

You would need this form if someone has started a Small Claims Court case against you for money or property. Small Claims Court handles civil disputes up to $35,000, not including interest and costs. The court deals with everyday disputes. The rules are simpler than in higher courts. The defence form fits that approach. It guides you to set out your side clearly and briefly.

Typical situations include unpaid invoices, deposit disputes, faulty work, property damage, loan repayment, and unreturned property. For example, a contractor sues a homeowner for a progress payment. The homeowner says the work was late and defective. The homeowner files Form 9A to deny the debt and set out the defects. Or a landlord sues a tenant for unpaid rent and cleaning costs. The tenant files Form 9A to admit some rent, deny cleaning charges, and explain damage was ordinary wear and tear. A retailer is sued for a refund after a returned item is refused. The retailer files Form 9A to explain policy terms and the condition of the item.

Form 9A is not only for total denials. You can admit part of the claim and dispute the rest. You can also raise legal set-off if the plaintiff owes you money that reduces what you might owe them. If you want to claim money back from the plaintiff beyond set-off, you file a separate Defendant’s Claim. You can refer to that in your defence, but you use a different form for the claim.

In short, Form 9A is the place where you organize your defence. It shows the court you are taking the claim seriously. It also triggers next steps, including a settlement conference in most cases.

When Would You Use a Form 9A – Defence?

You use Form 9A when you have been served with a Plaintiff’s Claim in Ontario Small Claims Court and you disagree with some or all of it. You must respond within 20 days after service. If you need more time, act before the deadline. Ask the plaintiff for consent to extend, or seek court permission. Do not wait for the court to remind you.

If you are an individual and the claim is wrong or overstated, file the defence. For example, a buyer sues you for a private car sale. They allege hidden defects. You file a defence to explain the car was sold as-is and describe the pre-sale inspection. Or you are a tenant sued for rent you already paid. You file a defence that attaches a simple payment schedule explanation and asks the court to dismiss the excess.

If you are a business owner sued for an unpaid invoice, use Form 9A to explain payment was withheld due to defects, late delivery, or breach of contract. Add facts that show the goods were returned or refused on delivery. If your business is incorporated, ensure an authorized person signs the defence and uses the full legal name.

Landlords, property managers, and tenants often use Form 9A to address rent arrears, repairs, or property damage claims. Trades and contractors use it in disputes over work quality or scope changes. Retailers and service providers use it to address warranty terms and return policies. Vehicle owners use it for minor collision damage claims. Neighbours use it for small property disputes.

Insurers use it to defend subrogated claims or to defend insured defendants. If your insurer appoints counsel, they will file the defence for you. They will also manage deadlines. If you receive a claim, notify your insurer at once. Do not file inconsistent defences.

You also file Form 9A if you admit the claim but need time to pay. You can admit the amount and propose a payment schedule. The court can consider that at a settlement conference or later.

If you have been named by mistake, file a defence to explain the error. For example, you are the wrong “John Smith,” or your former company was dissolved. A clear defence can end the claim early.

If there are multiple defendants, file a defence that covers your role. You can file a joint defence if everyone agrees. If not, file separate defences. Do not assume another defendant will protect your interests.

If you do nothing, the plaintiff may note you in default and seek judgment without a hearing. Filing Form 9A prevents default and keeps you in the case.

Legal Characteristics of the Form 9A – Defence

Form 9A is a pleading. A pleading is a formal court document that sets out your position. It is not evidence by itself, but it guides the case. It is legally binding in the sense that you are making formal admissions and denials. The court and the other side will rely on what you say. If you admit a fact in your defence, you are bound by it unless you amend with permission.

Enforceability rests on the court’s rules. The Small Claims Court Rules set deadlines and filing steps. When you file a defence within the time limit and serve it properly, the court moves the case forward to a settlement conference and, if needed, to trial. If you do not file a defence on time, the plaintiff can seek default judgment. That judgment is enforceable like any other court order. You may then need to ask the court to set aside the default and allow you to defend. The court looks at your reasons for delay and whether you have a real defence.

Your defence should include concise statements of material facts. Material facts are the key facts that support your position. Do not argue law in detail. Do not include long stories or emotions. Number your points. Keep it clear. You do not need to attach evidence to your defence. Bring evidence to the settlement conference and trial. If a document is central to your defence, you can refer to it and list it for disclosure.

The burden of proof matters. The plaintiff must prove their claim on a balance of probabilities. Your defence should identify gaps in their case and provide your competing facts. If you raise special defences, such as limitation periods, set-off, or accord and satisfaction, state them clearly.

Admissions carry weight. You can admit part of the claim to narrow issues and show credibility. For example, admit you received goods but dispute the quantity. Or admit you owe the principal but dispute interest.

Costs are at stake. Frivolous or abusive pleadings can lead to cost awards. If you mislead the court or the other side, you risk sanctions. Keep your defence honest and focused.

Amendments are possible. If you learn new facts, you can seek consent to amend your defence or ask the court to allow an amendment. Do this early. Last-minute changes can be refused or lead to costs.

Service and proof of service are critical. Proper service ensures the other side receives your defence. Filing proof of service shows the court you followed the rules. Without it, your defence may not be accepted or considered.

If you want money from the plaintiff beyond a set-off, file a Defendant’s Claim. If you want to bring in another party, use a Defendant’s Claim against that party. Your defence can refer to that, but it cannot replace it.

Finally, once a defence is filed, a settlement conference is usually scheduled. A deputy judge will help narrow issues and explore resolution. Your defence shapes that discussion. A clear defence improves your chances of settlement or success at trial.

How to Fill Out a Form 9A – Defence

Follow these steps from top to bottom. Prepare your facts and any key dates before you start. Keep your sentences short. Use numbered paragraphs.

Step 1: Get your details from the Plaintiff’s Claim.

• Find the court file number at the top right of the claim.
• Note the court location (the court office address on the claim).
• Copy the exact names of all parties as listed. Use the same order.

Step 2: Identify the court and file number.

• At the top of Form 9A, enter the court location.
• Enter the court file number exactly as shown on the claim. If unknown, leave blank for the clerk to assign only if you are filing the first document. Usually, the claim already has a number.

Step 3: List the parties exactly.

• Write the plaintiff’s full legal name. If they sue under a business name, the claim will show it. Match it.
• Write your name as the defendant. Use your full legal name. For a company, use the exact corporate name. For a sole proprietorship, include the owner’s legal name trading as the business name if listed that way on the claim.
• If there are multiple plaintiffs or defendants, list them all. If you are one of several defendants, your defence should clearly state which defendant you are and your role.

Step 4: Provide your address for service.

• Enter your mailing address, email, and phone number. This is how the court and the other side will reach you.
• For a corporation, provide the address for the registered office or the address you use for service.
• If a lawyer or paralegal represents you, list their contact details as your address for service. They should include their name and licence number.

Step 5: Admissions and denials.

• Most versions of Form 9A include space to admit or deny the claim.
• State if you admit the whole claim, part of it, or none of it.
• If you admit part, state the exact amount admitted or the specific facts admitted. For example: “I admit receiving goods worth $2,000” or “I admit owing $1,200 for May rent.”
• Deny what you dispute. For example: “I deny owing late fees” or “I deny that the work was completed.”

Step 6: Set out your reasons for defence.

• Use numbered paragraphs. Keep each point to one idea.
• State material facts, not arguments. Example format:

1. On March 10, 2024, the plaintiff delivered 80 chairs, not 100.

2. The chairs delivered were damaged. Photos were sent the same day.

3. I notified the plaintiff on March 11, 2024, and rejected the shipment.

4. The plaintiff agreed to pick up the chairs. They did not do so.

5. I do not owe the invoiced amount.

• If you rely on a contract term, identify it by clause and summarize it.
• If limitation periods are at issue, state the key dates and that the claim is out of time.
• If you raise set-off, explain the basis and amount. For example:

6. I paid for expedited delivery of $300. Delivery was two weeks late.

7. I claim set-off of $300 against any amount found owing.

8. I will file a Defendant’s Claim for $2,500 for defective work.

Step 7: Payment proposal (if you admit all or part).

• If you admit owing money but need time, propose a clear plan.
• State amounts and dates. For example: “I propose to pay $200 on the 15th of each month starting next month.”

Step 8: List any related Defendant’s Claim.

• If you will file a Defendant’s Claim, note it. Example:
• Remember: a set-off reduces what you owe. A Defendant’s Claim seeks money in your favour.

Step 9: Attach schedules only if needed.

• Avoid attaching evidence to the defence. List key documents you will rely on, such as invoices, emails, photos, or contracts, so the other side knows what to expect.
• If a short schedule improves clarity (for example, a payment chart), attach it and label it “Schedule A.” Refer to it in your numbered paragraphs.

Step 10: Sign and date.

• Sign the form. Print your name below the signature.
• If a corporation, an authorized officer signs and states their title.
• If a lawyer or paralegal signs for you, they sign, print their name, and note their licence number.
• Date the form. Ensure the date is accurate.

Step 11: Make copies.

• Prepare one copy for the court and one for each party you must serve. Keep one for yourself.
• If you file electronically, keep a complete electronic copy.

Step 12: Serve the defence on each plaintiff.

• Serve every plaintiff at the address for service shown on the claim.
• Permitted service methods include mail, courier, personal service, or electronic service if allowed. Personal service requires delivering it to the person or an authorized representative.
• If serving a corporation, serve an officer, director, or the registered office. If serving by email, ensure the plaintiff has provided an email address for service or consented.
• Note how and when you served. You will need this for your proof of service.

Step 13: Prepare and file proof of service.

• Complete an affidavit of service. It records who was served, how, and when.
• The person who served the documents signs the affidavit. If sworn, they must sign before a commissioner for taking affidavits. If you served by mail or courier, the affidavit will state those details.
• File your defence with the court together with proof of service. Filing can be in person, by mail, or electronically where available.

Step 14: File within the deadline.

• File within 20 days after you were served with the claim.
• If you cannot meet the deadline, act before default. Seek consent from the plaintiff to late-file and file promptly. If you are noted in default, you may need to ask the court to set aside the default before your defence is accepted.

Step 15: After filing, prepare for the settlement conference.

• Once the defence is filed, the court usually schedules a settlement conference.
• Organize your documents and bring copies for the other side.
• Be ready to discuss facts, issues, and possible settlement terms.

Practical drafting tips:

• Use plain language. Avoid adjectives and conclusions. Stick to facts.
• Put events in order by date. Timelines help judges understand the case.
• Separate each issue into its own paragraph. This makes it easy to read.
• Admit facts you cannot honestly dispute. It builds credibility.
• If you rely on a conversation, state the date, who was present, and the key statements.
• Do not include confidential settlement discussions in your defence.
• Review spelling, dates, and amounts for accuracy.
• Ensure all names match the Plaintiff’s Claim exactly.

Special situations:

• Multiple defendants: Clarify which allegations relate to you. Avoid adopting others’ defences unless accurate. You can say, “I adopt paragraphs 5–8 of the defence of ABC Ltd.” only if you agree.
• Wrongly named defendant: Explain why you are not the correct party. Provide the correct legal name if known.
• Corporate defendant: Confirm the contract was with the corporation, not a director. Identify who signed and in what capacity.
• Insurance: If an insurer is involved, confirm coverage early. Your insurer may want to file the defence for you. Do not file a defence that conflicts with your policy position.
• Counterclaims against the plaintiff: State set-off in your defence if it reduces the plaintiff’s amount. File a Defendant’s Claim for any separate recovery you seek. Do not rely on the defence alone to obtain a judgment in your favour.

Common mistakes to avoid:

• Missing the 20-day deadline. This invites default judgment.
• Failing to serve the plaintiff before filing. The court expects proof of service.
• Overloading the defence with evidence or emails. Save them for the conference and trial.
• Using vague denials. Be specific. Identify what is wrong and why.
• Ignoring interest or costs claims. Address them if you dispute them.
• Omitting your contact information. The court needs your address for service.
• Not updating your address. If you move, notify the court and all parties.

There is no court fee to file a defence. Costs can still be awarded later based on the outcome and conduct. Filing a focused defence limits wasted time and cost risk.

If you are late or have been noted in default, do not give up. Act fast. Ask the court to set aside the default and attach your draft defence. Explain your delay and show you have a real defence.

Your goal with Form 9A is simple: tell the court, in clear terms, what you agree with, what you dispute, and why. Do that within the deadline and serve it properly. You will protect your rights and set up your case for resolution or trial.

Legal Terms You Might Encounter

Plaintiff means the person or business who started the lawsuit. Their claim sets out what they say you owe and why. Your Defence responds to what the plaintiff alleges, point by point.

Defendant means you, the person or business being sued. Form 9A lets you state your version of events. It also lets you admit or deny some or all of the claim.

Claim is the document the plaintiff filed to begin the case. It lists facts, the amount sought, and any supporting details. Read it closely. Your Defence should address what the claim says.

Defence is your formal response. On Form 9A, you admit, deny, or say you don’t know about each allegation. You explain your facts and legal reasons. This is your chance to set the record straight.

Service means delivering documents to another party in a way the court accepts. After you file your Defence, confirm how the plaintiff will get a copy. If you must serve it yourself, keep proof.

Filing means submitting your completed Defence to the court. Filing makes your Defence part of the court record. Keep your stamped copy or e-filing confirmation.

Default judgment is a court order against you if you do not file a Defence on time. Filing Form 9A by the deadline protects you from default. If default is entered, you must ask the court to set it aside.

Set-off is when you claim the plaintiff owes you money that should reduce what you owe. You can raise set-off in your Defence if it arises from the same dealings. Keep it clear and provide the key facts.

Defendant’s Claim is a separate claim you file if you want money or property from the plaintiff or others. It is not part of Form 9A. You may file both your Defence and a separate Defendant’s Claim.

Jurisdiction refers to the court’s power to hear the case. If the court lacks jurisdiction, say so in your Defence and explain why. Keep your reasons specific and tied to the claim.

FAQs

Do you have to file a Defence if you plan to settle?

Yes. Filing preserves your rights and avoids default judgment. You can keep negotiating after you file. If you settle later, the case can end on consent. If you do not file, you risk an automatic judgment against you.

Do you need to admit part of the claim on Form 9A?

You can. The form lets you admit all or part of the claim. If you admit an amount, you can propose a payment plan. Be realistic. If you later miss payments, the plaintiff may act on the admission.

Do you attach evidence to your Defence?

You can attach copies of key documents that support your story. Examples include contracts, invoices, emails, or receipts. Label attachments and refer to them in the Defence. Keep originals. You will use them later at a settlement event or trial.

Do you file a counterclaim in the same form?

No. If you want to claim money or property from the plaintiff or someone else, file a separate Defendant’s Claim. In your Defence, you can note that you are filing one. Keep your Defence focused on answering the plaintiff’s claim.

Do you need a lawyer or licensed representative to file?

No. You can represent yourself. Many people do. You can also retain a representative. If you do, include their contact details in your Defence. Make sure you still read and approve what gets filed.

Do you need to serve the plaintiff after filing your Defence?

Check with the court about service procedures for a Defence. In some situations, the court sends a copy to the plaintiff. In others, you must serve it and file proof. Keep any receipt, tracking, or affidavit of service if you serve it yourself.

Do you still need to attend court after filing?

Yes. You can expect a settlement-focused event after a Defence is filed. Prepare by gathering your documents and thinking about settlement options. Failing to attend can lead to orders against you.

Do you need to update the court if your address changes?

Yes. Update your address for service right away. Also notify the other parties. If you miss notices because you did not update, the case can move ahead without you.

Checklist: Before, During, and After

Before signing: Information and documents you need

• The plaintiff’s claim with the court file number.
• All pages and attachments to the claim.
• A timeline of events in short, dated points.
• Contracts, purchase orders, work orders, or service agreements.
• Invoices, receipts, statements of account, and payment records.
• Emails, letters, or messages relevant to the dispute.
• Photos or expert reports, if they clarify key facts.
• Any demand letters or settlement offers.
• Full legal names of all parties, including any business styles.
• Your correct address for service, phone, and email.
• If admitting part: your budget and a realistic payment plan.
• If raising set-off: calculations and supporting proof.
• If planning a Defendant’s Claim: a brief outline of that claim.
• If insurance may respond: your policy and insurer’s contact details.

During signing: Sections to verify

• Court location matches the claim.
• Court file number is correct on every page.
• Party names match the claim exactly.
• Your address for service is current and complete.
• You answered each allegation or issue raised in the claim.
• You clearly state any admissions, denials, or “don’t know.”
• Facts are in numbered paragraphs and in logical order.
• You refer to attached documents by label or page.
• Any payment proposal is clear, dated, and specific.
• Any set-off is explained and calculated.
• You avoided confidential data unless necessary and permitted.
• All added pages are labeled and numbered.
• You signed and dated the form in the correct box.
• If a representative signs, the authority is clear and noted.

After signing: Filing, notifying, and storing

• File your Defence with the court before the deadline.
• Confirm how the plaintiff will receive a copy. Follow the court’s process.
• If you serve, do so in an accepted method. Keep proof of service.
• Note any next court date, and add it to your calendar.
• Send a copy to your insurer if the matter may be covered.
• Save your filed Defence and all proof in one secure folder.
• Create a working set of your evidence for future steps.
• Track any settlement discussions and offers in writing.

Common Mistakes to Avoid

• Missing the deadline. Late filing can lead to default judgment. Don’t forget to count from when you received the claim. File early if possible.

• Ignoring parts of the claim. The court reads what you do not answer as not disputed. Don’t forget to address each key allegation and remedy sought.

• Writing conclusions without facts. Saying “I don’t owe anything” is not enough. Don’t forget to state the facts, dates, and numbers that support your position.

• Using the wrong names or contact details. Errors can delay the case or misdirect notices. Don’t forget to match names to the claim and confirm your address for service.

• Attaching originals instead of copies. Originals can get misplaced. Don’t forget to file copies and keep originals safe for later use.

What to Do After Filling Out the Form

File your Defence promptly. Use the filing method available to you. Submit all pages in order. Include any attachments you referenced. Keep your filing confirmation or stamped copy.

Confirm how the plaintiff will receive your Defence. Ask the clerk about service for a Defence. If the court serves the plaintiff, note that in your file. If you must serve, use a permitted method and keep proof. If proof is required, file it on time.

Tell your insurer if the claim might be covered. Provide them with the claim and your Defence. Ask if they will appoint counsel. Follow their instructions on communication and settlement.

Calendar the next steps. Watch for notices about a settlement-focused event. It may be scheduled after your Defence is filed. Prepare early. Organize your documents, witness names, and a short summary of your case.

Gather and organize your evidence. Create a binder or digital folder with tabs. Include contracts, invoices, payments, and communications. Label documents by date. Make a brief index. You will share key documents with the other side as required.

Consider whether to file a Defendant’s Claim. If you want to recover money or property, prepare a separate claim. Make sure it arises from the same or related facts. File it within any time limits. Keep it distinct from your Defence.

Assess settlement options. Review the strengths and risks of your case. Consider payment plans or compromises. Put offers and responses in writing. Mark settlement communications as settlement discussions when appropriate.

Plan to attend the settlement event. Expect to discuss the issues and documents. Arrive prepared to explain your position in plain terms. Know your bottom line for settlement. Bring your calendar to schedule next steps.

Manage amendments if needed. If you must correct or add facts to your Defence, act quickly. Ask the other party for written consent to amend. If you cannot get consent, you can ask the court for permission. File the amended version and provide copies as required.

Track and respond to communications. Read all notices and letters from the court and the other side. Note deadlines for any responses. Reply on time and keep copies of everything you send.

Prepare for trial if settlement fails. Draft a short opening of your case. List your witnesses and what they will say. Organize exhibits in order. Practice explaining your key points in five minutes. Keep it factual and concise.

Keep your file current and tidy. Store the claim, Defence, proof of filing, proof of service, and all later documents. Use a checklist to track what you have filed and served. Update it after each step.

Stay professional and focused. Keep emotions out of your filings and discussions. Address only the facts and what you want the court to order. Be respectful with the other side and the court staff.

Review cost and time impacts. Litigation takes time and resources. Compare the cost of continuing versus settling. Make informed decisions at each stage.

If you miss a step, act fast. If default is entered, you can ask the court to set it aside. Explain the reasons for the delay and your proposed Defence. File any required documents and serve them. Moving quickly improves your chances.

Keep your contact details updated. If you move or change email, tell the court and the other side. Use the court’s process to update your address for service. Confirm that future notices go to the right place.

Finally, protect your privacy and confidentiality. Only include sensitive details when necessary. Redact personal identifiers where allowed. Do not file documents that reveal third-party information without care.