Ontario Small Claims
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The 20-day rule — and what’s really at stake

The deadline is in Rule 9.01 of the Rules of the Small Claims Court: a defendant who wants to dispute a Plaintiff’s Claim must, within 20 days of being served, serve a Defence (Form 9A) on every other party and file it with the clerk, together with proof of service. The 20 days are counted by leaving out the day you were served and including the last day (Rule 3.01); if the last day falls on a weekend or holiday, it carries to the next business day. There is no automatic 40- or 60-day extension for being served outside Ontario — that longer schedule belongs to the Superior Court, not Small Claims. In Small Claims, it is a flat 20 days.

What “noted in default” means — and why it’s so serious

If the 20 days pass with no Defence on file, the plaintiff can ask the clerk to note you in default (Rule 11.01). Once that happens, Rule 11.05 bars you from filing a Defence or taking almost any step in the case without the plaintiff’s consent or the court’s permission — and the plaintiff can ask for default judgment, a judgment for the amount claimed, plus interest and costs, granted without a trial and without hearing your side. A default judgment can then be enforced against your bank account, wages, or property.

Getting back in means bringing a motion to set aside the noting in default or the default judgment (Rule 11.06). The Court of Appeal’s leading case, Mountain View Farms Ltd. v. McQueen, 2014 ONCA 194, tells the court to weigh — as a whole, not as rigid tests — whether you moved promptly, whether you have a plausible explanation for the default, whether you have an arguable defence on the merits, the prejudice to each side, and the integrity of the administration of justice. It can be done, but it costs time and money, it is never guaranteed, and it is far harder than simply filing on time would have been.

Imperfect service is still your problem

People often assume that if they were not served “properly,” the claim does not count. That is a dangerous assumption. A plaintiff who believes you were served can still ask to have you noted in default and can still seek judgment — and you would then have to bring a motion to undo it. A Plaintiff’s Claim is meant to be served personally (Rule 8.02) or by an alternative to personal service (Rule 8.03), and the handy “deemed served five days after mailing” rule (Rule 8.07) does not apply to the claim itself. But none of that means you can safely sit on it. In almost every case the right move is to file your Defence now and raise any problem with the service inside the Defence or by motion — not to gamble that a judge will later agree the service was bad.

Filing your Defence: Form 9A, your documents, and proof of service

Your Defence goes on Form 9A. It should answer the claim paragraph by paragraph — what you admit, what you deny, and your own account of what happened — and it must be both served on every other party and filed with the clerk, with an Affidavit of Service (Form 8A) and the required filing fee. Pull together the documents your defence relies on (contracts, invoices, emails, texts, photos, receipts) early; you’ll need to disclose what you intend to use. Not sure what the court will charge? The Filing Fee Calculator prices every step, and the Small Claims defence page walks through the strategy.

Admitting part of the claim

If you owe some or all of what’s claimed and just need time, you don’t need a separate form — you make a proposal of terms of payment inside your Defence (Form 9A) under Rule 9.03, filed within the same 20 days. If the plaintiff doesn’t dispute the terms within 20 days, you pay according to them as if it were a court order; if they dispute (by filing a Request to Clerk, Form 9B), the clerk sets a brief terms-of-payment hearing. Admitting liability — even partially — is a strategic decision with consequences, so get advice before you put an admission in writing.

Bringing your own claim back: the Defendant’s Claim

If the plaintiff actually owes you, you can bring your own claim back against them — and against others who are involved — with a Defendant’s Claim (Form 10A), the Small Claims version of a counterclaim. It must be issued within 20 days after the day you file your Defence (Rule 10.01(2)); the court can permit a later one before trial or default judgment, but only with leave. Once issued, it must be served within six months (Rule 8.01, applied through Rule 10.02). Keep in mind the limitation period on your own claim is also running, so the Defendant’s Claim window is not the only deadline that matters.

Settlement talks don’t pause the clock

Trying to work it out with the plaintiff does not stop the 20 days, and neither does sending or receiving a settlement offer. The only ways to change the deadline are to file in time, to get the plaintiff’s written consent to extend it (filed with the court under Rule 3.02), or to get a court order extending time. If you’re negotiating, either nail down a written consent to extend or file a protective Defence before the 20 days run out — don’t let a friendly phone call cost you the case.