Form 10A Defendant's Claim

Tell us about you, the claiming defendant.

Step 1 of 6. Your name and contact address as the defendant who is now bringing a claim.

Your full legal name as named in the action

Address

City

Province

Postal code

Phone

Plaintiff's name in the existing action

Court file number of the existing action

Court location, the Small Claims Court handling the action

Date you filed your Defence (Form 9A)

A Defendant's Claim must be issued within twenty days after the day you file your Defence. If that window has passed you can still file but you may need the court's permission, called leave. Voss can prepare the request for leave.

Who are you claiming against?

Full legal name of the party you are claiming against

Their address for service (required for a co defendant or new party)

A claim against a new party must arise out of the same transaction or occurrence as the plaintiff's claim, or be related to it. The new party becomes a defendant to your Defendant's Claim and must be served.

In one sentence, what is your claim about?

Now in three short paragraphs, set out the full claim.

List of evidence you will attach or rely on

Amount you are claiming, CAD (max $50,000)

Are you claiming pre judgment interest?

If a contractual interest rate applies, state it

Are you also claiming your costs of this proceeding?

The Small Claims Court limit is $50,000, not counting interest and costs. If your claim is worth more than $50,000 you must either give up the excess or move the matter to the Superior Court. Voss can advise on which path fits.

Review your Defendant's Claim on the right. When ready:

Email this draft to me

After review, print the page (Cmd or Ctrl + P, save as PDF) and file at the same Small Claims Court that is handling the action. The filing fee is $108 for an infrequent claimant. The court will issue the claim and you then serve it on the party you are claiming against. Voss can issue, file, and serve it for you for an additional flat fee of $99.

ONTARIO SUPERIOR COURT OF JUSTICE

SMALL CLAIMS COURT

Defendant's Claim (Form 10A)

Court file no.

Defendant making this claim

Your name and address will appear here as you fill the form.

— claims against —

Party against whom the claim is made

The party you are claiming against will appear here.

Reasons for the claim

The detailed reasons for the claim will appear here once you have answered the questions on the left.

Amount and relief claimed

The amount and relief will appear here.

Evidence in support

List of evidence will appear here.

Claiming defendant's signature

Sign here before filing. Date the signature.

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