Understanding and Filing a Defence in Ontario Small Claims Court

This document provides a detailed guide on how to file a defence in the Ontario Small Claims Court, using Form 9A. It includes step-by-step instructions, starting with completing the Defence form, ensuring accurate personal information, and clearly stating disagreements and agreements with the claim, along with supporting documentation. The process involves serving the completed form and attachments to all parties and completing an Affidavit of Service (Form 8A). Finally, the Defence (Form 9A) and Affidavit of Service (Form 8A) must be filed at the court office within 20 days of receiving the claim, along with the payment of the court filing fee. The document also addresses scenarios where the plaintiff owes the defendant money or when another party is responsible, outlining the Defendant's Claim form (Form 10A) filing process. The provided sample form illustrates how to dispute a claim, provide reasons for disagreement, and cite relevant references, such as breach of contract examples.

Instructions for Filing a Defence to a Claim
Step 1: COMPLETE a Defence form. Make sure your name and address are right so you will
receive documents about the case. State what you disagree with and why, and if there is
anything you agree with. Attach copies of any documents that help your case. If you want to pay
all or part of the amount owing, state how much you will pay and when you will pay.
If there is more than one plaintiff or defendant, complete an Additional Parties form (Form 1A)
and put it right behind page one of your defence form. You can get the additional parties form and
other forms at the court office or online at www.ontariocourtforms.on.ca.
Step 2: SERVE your completed Defence form and any attachments on every other party in the case
and complete an Affidavit of Service (Form 8A). For more information, see the “Guide to Serving
Documents” available at the court office and online at www.attorneygeneral.jus.gov.on.ca.
Step 3: FILE your Defence (Form 9A) and Affidavit of Service (Form 8A). Take the completed
forms and related documents to the court office where the plaintiff filed the claim. You must do this
within 20 days after you received the claim. If you miss the 20 day deadline, you can still file the
defence as long as the plaintiff has not yet asked the court to have you noted in default, or with
leave of the court if you have been noted in default. Pay the court filing fee. Cheques and money
orders are payable to the Minister of Finance. The fees are listed at the court office and online at
www.attorneygeneral.jus.gov.on.ca.
If you have been noted in default, you must take additional steps if you wish to file a defence.
See the Small Claims Court "Guide to Replying to a Claim" referenced below for more
information.
If your Defence contains a proposal of terms of payment and you fail to make payment in
accordance with your proposal, judgment for the unpaid balance may be ordered against you.
What if the plaintiff owes me money or someone else is responsible for the loss?
If you wish to file a Defendant's Claim form (Form 10A) against the plaintiff or other person,
you must file it no later than 20 days after you file your defence. If you miss this deadline, you
can ask the court on motion for permission to file it later. There is a filing fee.
For more information about replying to a claim or making a defendant’s claim, see the Small
Claims Court "Guide to Replying to a Claim" available at the court office and online at
www.attorneygeneral.jus.gov.on.ca. Also see the Defendant's Claim form online at
www.ontariocourtforms.on.ca.
DO NOT FILE THIS PAGE.
SCR 9.01-10.03-9A (January 23, 2014) CSD

ONTARIO
Superior Court of Justice Defence
Form 9A Ont. Reg. No.: 258/98
1225
Small Claims Court Claim No.
12657
Address
Alexandra St
Phone number
Plaintiff No. 1 Additional plaintiff(s) listed on attached Form 1A. Under 18 years of age.
Last name, or name of company
First name Second name Also known as
Carol and John Allen Brown
Address (street number, apt., unit)
City/Town Province Phone no.
Toronto Canadian 416-310-1234
Postal code Fax no.
M4C4Y7 005801254
Representative LSUC #
Address (street number, apt., unit)
Alexandra St
City/Town Province Phone no.
Toronto Canadian 905-310-1234
Postal code Fax no.
246125987
Defendant No. 1 Additional defendant(s) listed on attached Form 1A. Under 18 years of age.
Last name, or name of company
First name Second name Also known as
Susan Jones
Address (street number, apt., unit)
City/Town Province Phone no.
Mississauga Canadian 987-4587-4589
Postal code Fax no.
L4T0A4 24658975
Representative LSUC #
Address (street number, apt., unit)
Blueberry Street
City/Town Province Phone no.
Mississauga Canadian 416-312-1534
Postal code Fax no.
L4T0A4 24658975
Les formules des tribunaux sont affichées en anglais et en français sur le site
www.ontariocourtforms.on.ca. Visitez ce site pour des renseignements sur des
formats accessibles.
SCR 9.01-10.03-9A (January 23, 2014) CSD

FORM 9A PAGE 2 1225
Claim No.
THIS DEFENCE IS BEING FILED ON BEHALF OF: (Name(s) of defendant(s))
Carol and John "Jack" Allen Brown
and I/we: (Check as many as apply)
Dispute the claim made against me/us.
Admit the full claim and propose the following terms of payment:
$ $20,000 per commencing June 1st , 20 12 .
(Amount) (Week/month)
Admit part of the claim in the amount of $ $30,000 and propose the following terms of payment:
(Amount)
$ $20,000 per commencing June 1st , 20 12 .
(Amount) (Week/month)
REASONS FOR DISPUTING THE CLAIM AND DETAILS:
Explain what happened, including where and when. Explain why you do not agree with the claim made against you.
If you are relying on any documents, you MUST attach copies to the Defence. If evidence is lost or unavailable,
you MUST explain why it is not attached.
What happened?
Where?
When?
What happened:
I would like to inform the court that a verbal contract has been made with Susan
Jones for the purpose of artificial insemination (Schroeder, 2014). However, we have
paid the full amount of $20,000 to Susan on December 10, 2011, as advance. Through
the contract, we have requested that the baby must be born healthy. One month prior
to the delivery of a child, Carol got pregnant. This made us not to pay Susan the
remaining money. The mother has faced major difficulties and the doctors said that
the baby was unhealthy. A large volume of money was spent on the surrogate
mother. Thus, we refused to a Susan for the child. We have paid the amount of
$20,0000 on December 10, 2011. The claim of Susan can be considered a threat. At
the same time, we do not have that much money to pay, as it was spent on improving
the health of the surrogate mother. Based on the scenario, I would request the court
to take the right decision against it, as there has been a breach of contract (Pinto
James LLP, 2019; Legal Line, 2019).
Where:
The contract was made in our house in Toronto in the presence of a legal lawyer.
When:
On December 3rd, 2011, the contract was made with Susan Jones.
SCR 9.01-10.03-9A (January 23, 2014) CSD Continued on next page

FORM 9A PAGE 3 1225
Claim No.
Why I/we disagree
with all or part of
the claim:
With the intention to conduct a contract, certain factors are mainly followed by both
the parties. This includes offer and acceptance, consideration, capacity, consent and
lawful purpose (Schroeder, 2014). However, we have requested Susan and John to
conduct a proper contract, which will bee good for both the parties. They have
denied the legal process and agreed for artificial insemination through verbally. Now
Susan is claiming $30,000 before the baby's birth. Based on the pressure, me, and
my family has to refuse the baby, otherwise they will charge more. This is the reason
for which I would disagree with her claim.
References
Legal Line, 2019, Breach of contract, Types of Claims, Viewed 12 February,
<https://www.legalline.ca/legal-answers/breach-of-contract/>
Pinto James LLP, 2019, Breach of contract, Civil Litigation, viewed 11 February 2019,
<https://www.pintojames.com/breach-of-contract/>
Schroeder, R., 2014, Canadian law 15, Elements of a Contract, ,
<https://npc.gvsd.ca/web/rschroeder/2013%20-%20Canadian%20Law
%20PowerPoints/PPT%2015%20-%20Elements%20of%20a%20Contract.pdf>
ADDITIONAL PAGES ARE ATTACHED BECAUSE MORE ROOM WAS NEEDED.
Prepared on: 6th June , 20 12
(Signature of defendant or representative)
NOTE: Within seven (7) calendar days of changing your address for service, notify the court and all
other parties in writing.
CAUTION TO
PLAINTIFF(S):
If this Defence contains a proposal of terms of payment, you are deemed to have accepted the
terms unless you file with the clerk and serve on the defendant(s) a Request to Clerk (Form 9B)
for a terms of payment hearing WITHIN TWENTY (20) CALENDAR DAYS of service of this
Defence [R. 9.03(3)].
SCR 9.01-10.03-9A (January 23, 2014) CSD