Form 9A is the Defence you file in Ontario Small Claims Court when you’ve been served with a Plaintiff’s Claim (Form 7A) and want to dispute it. You have 20 days from the date you were served to file it, there is no filing fee, and you must both file it with the court and serve a copy on the plaintiff. The blank form is available on the Ontario Court Services website.1Ontario Court Services. Rules of the Small Claims Court Forms
Your Filing Deadline
The clock starts on the date you were personally served, not the date the claim was issued. Check the date on the Affidavit of Service or the papers you received.
- Served in Ontario: 20 calendar days.
- Served elsewhere in Canada: 40 days.
- Served outside Canada: 60 days.
Missing the deadline is the most common way defendants lose cases they could have won. Once it passes without a filed Defence, the clerk can note you in default and the plaintiff can request a default judgment, sometimes with no hearing at all.2Ontario Superior Court of Justice. Default Proceedings If time is short, file a basic Defence now and refine it later. A bare-bones Defence filed on time beats a polished one filed a day late.
How to Fill Out Form 9A
The form is short, but every entry needs to match the Plaintiff’s Claim exactly. Mismatched names or file numbers cause processing delays.
Court and Case Information
At the top, enter the name and address of the Small Claims Court office where the claim was filed. This appears on the Plaintiff’s Claim you were served with. Copy the court file number exactly. If you were served with more than one claim, each requires its own Form 9A.
Party Information
List the full legal names of all plaintiffs and defendants precisely as they appear on the Plaintiff’s Claim. Use registered legal names for individuals and businesses, not nicknames or shortened versions. Include your own address and phone number as the defendant filing the Defence.
Reasons for Disputing the Claim
This is the core of the form and where most self-represented defendants struggle. Explain in your own words why you disagree with what the plaintiff is asking for. Plain factual statements work better than legal jargon. Break your reasons into short numbered paragraphs so a judge can follow them.
Focus on facts that undermine the plaintiff’s case. If they say you owe $5,000 for work performed and the work wasn’t finished, say so and explain what was left undone. If you already paid, give dates and amounts. If there was no agreement, explain why. Skip the emotional language and stick to what happened, when, and what evidence supports your account.
You can also raise a full or partial defence. Common ones include that the plaintiff waited too long to sue (Ontario’s limitation period is generally two years), that the dispute has already been settled, or that the amount claimed is inflated. Give each distinct reason its own numbered paragraph.
Filing and Serving the Defence
Filing and serving are separate steps, and both are required.
Filing With the Court
You can file Form 9A through the Small Claims Court online filing portal, by mail, or in person at the courthouse where the claim was issued.3Government of Ontario. File Small Claims Court Documents Online There is no fee to file a Defence.
If you file online, save your confirmation. If you file in person or by mail, bring or send an extra copy and ask the clerk to stamp it with the filing date so you have proof of when it was received.
Serving the Plaintiff
After filing, serve a copy of the Defence on the plaintiff or their representative. Service can be done by mail, courier, fax, or in person. You cannot serve the documents yourself. Have someone else deliver them, then have that person complete an Affidavit of Service (Form 8A) confirming the date and method of delivery. File the Affidavit of Service with the court.
What Happens After You File
Filing your Defence prevents a default judgment and secures your chance to be heard. The court will schedule a settlement conference, where both parties meet with a judge to discuss the dispute and explore resolution before trial. You’ll receive a notice with the date and time.
Between filing and the conference, gather documents that support your position: contracts, receipts, emails, text messages, photographs, and anything else that backs up the facts in your Defence. Bring organized copies. If the case doesn’t settle, it proceeds to trial.
If You Missed the Deadline
Once you’re noted in default, you lose the right to file a Defence, receive notice of further steps, or participate in any hearing, including the trial. The plaintiff can then move for default judgment, which the court may grant based on the plaintiff’s documents alone. That judgment is enforceable like any other court order, and the debt accrues post-judgment interest.2Ontario Superior Court of Justice. Default Proceedings
You may still be able to bring a motion to set aside the default, any default judgment, and any enforcement steps not already completed. That motion uses Form 15A (Notice of Motion and Supporting Affidavit), not Form 9A.1Ontario Court Services. Rules of the Small Claims Court Forms
To succeed on a set-aside motion, you generally need to show three things: a reasonable explanation for missing the deadline, that you moved quickly to fix it once you knew, and that you have a defence worth hearing on the merits. Forgetting or being busy rarely works. Stronger explanations involve circumstances outside your control, such as hospitalization, never actually receiving the claim, or being out of the country.
The motion must be served on every other party at least seven days before the hearing and filed with proof of service at least three days before.4Ontario.ca. O. Reg. 258/98 – Rules of the Small Claims Court Filing costs $127.5Ontario.ca. Small Claims Court Fees If you can’t afford it, apply for a fee waiver using Form FW-A-3.6Ontario.ca. Have Your Court Fees Waived
When the Plaintiff Also Owes You Money
If the plaintiff owes you money on top of being wrong about their own claim, you can file a Defendant’s Claim (Form 10A) alongside your Defence. This is essentially a counterclaim. It’s a separate document with its own filing fee, and it lets the judge hear both sides of the dispute together instead of forcing you to start a new lawsuit.
A Defendant’s Claim has the same 20-day deadline as your Defence. You can rely on the same facts, but the Defendant’s Claim asks the court to award you money rather than simply dismiss the plaintiff’s case. If your losses exceed the Small Claims Court limit of $35,000, you can either abandon the excess and stay in Small Claims Court or pursue the full amount in Superior Court.
Form 9A itself is a pleading and doesn’t need to be sworn or commissioned. That requirement only comes up if you later file affidavit evidence or a motion that includes a supporting affidavit.