Toronto small claims court defence lawyer for businesses and individuals who have been sued. Defences filed, settlements negotiated, and your rights protected at every stage of the process.
· Reviewed by Jonathan Kleiman, J.D.
Jonathan Kleiman is a small claims court defence lawyer in Toronto who represents businesses and individuals that have been served with a Plaintiff's Claim in the Ontario Small Claims Court.
Being sued does not mean you owe what is being claimed. Many lawsuits are exaggerated, based on misunderstandings, or lack the legal foundation to succeed. A proper defence protects your rights and often reduces or eliminates the amount claimed entirely.
Every engagement begins with a free 30-minute consultation.
If you have been served with a Plaintiff's Claim in Toronto or anywhere in Ontario, the single most important thing you can do is respond on time. Ignoring the claim gives the plaintiff the right to request a default judgment — meaning the court can award them the full amount without ever hearing your side.
After being served with a Small Claims Court claim in Ontario, you have 20 calendar days to file your Defence with the court. If you were served outside Ontario but within Canada, the deadline extends to 40 days. Outside Canada, it is 60 days.
A small claims court defence lawyer reviews the claim, identifies the weaknesses in the plaintiff's case, and prepares a Defence that puts you in the strongest position for negotiation or trial. The earlier you get legal advice, the more options you have.
Need help with a claim you are bringing — not defending? Read more about Jonathan's Small Claims Court litigation services for plaintiffs and defendants.
Filing a Defence is the formal step that protects you from a default judgment and puts your version of events before the court.
Jonathan handles the entire defence process:
If the plaintiff actually owes you money — or caused you damages — Jonathan can file a Defendant's Claim (counterclaim) on your behalf. A well-drafted counterclaim shifts the dynamic of the proceeding and can create significant leverage in settlement negotiations.
The right defence depends on the specific facts of your case. Toronto defendants commonly rely on one or more of the following legal defences:
The plaintiff cannot prove a binding agreement existed, or the agreement lacks essential terms such as consideration, certainty, or mutual consent.
You have already fulfilled your obligations under the agreement, or the amount claimed has already been paid in full or in part.
In Ontario, most civil claims must be commenced within two years of the date the claim was discovered. If the plaintiff waited too long, the claim may be statute-barred under the Limitations Act.
The plaintiff failed to take reasonable steps to reduce their losses after the alleged breach, increasing the amount claimed beyond what is legally recoverable.
Other defences include set-off, material breach by the plaintiff, frustration of contract, duress, unconscionability, and misrepresentation. Jonathan identifies the strongest defence available based on the facts and the law.
A large number of Small Claims Court lawsuits in Toronto arise from contract disputes and business disagreements. Common examples include:
Whether the dispute involves a written contract, a verbal agreement, or no agreement at all — Jonathan has the litigation experience to mount an effective defence. Learn more about contract law services or business law.
Being served with a lawsuit does not mean you are liable. Many claims are inflated, unsubstantiated, or fail to account for the defendant's side of the story. A properly drafted defence changes the outcome.
Most Small Claims Court disputes in Ontario settle before trial — often at the mandatory settlement conference. Jonathan negotiates settlements that protect your interests and, where appropriate, resolve the matter without the cost and uncertainty of going to trial.
Every defended Small Claims Court matter in Ontario proceeds to a settlement conference before a judge or deputy judge. The purpose is to narrow the issues, explore settlement, and prepare for trial if necessary. Having a lawyer at the settlement conference is critical — this is often where cases are resolved.
Jonathan's approach to settlement negotiation focuses on practical results. That means identifying the plaintiff's actual exposure, leveraging weaknesses in their case, and presenting a resolution that costs you less than a trial while protecting your legal position.
In some cases, the parties agree to mediation — a structured negotiation facilitated by a neutral third party. Jonathan represents defendants through mediation and ensures any settlement agreement is enforceable and properly documented.
Free 30-minute consultation. No fee, no obligation.
Jonathan represents both businesses and individuals who have been sued in the Ontario Small Claims Court. Whether you are a sole proprietor, an incorporated company, a contractor, a landlord, or an individual facing a personal claim — the defence strategy is tailored to your specific circumstances.
Whether the amount claimed is $5,000 or the full $50,000 Small Claims Court limit, the defence process is the same — and the consequences of a judgment are real. Jonathan provides the same level of preparation and advocacy regardless of the amount at stake.
Failing to respond to a Small Claims Court lawsuit in Ontario has serious consequences. If you do not file a Defence within the required deadline, the plaintiff can move for a default judgment.
The court awards the plaintiff the full amount claimed without hearing your defence or reviewing your evidence.
The plaintiff can garnish your wages, freeze your bank accounts, or seize personal property to satisfy the judgment.
An unsatisfied judgment appears on your credit report and can affect your ability to borrow, lease, or obtain financing.
Setting aside a default judgment requires a motion, additional court costs, and a persuasive reason for the delay. It is far easier to file a Defence on time.
The cost of defending a claim is almost always less than the cost of a default judgment. If you have been served, contact a small claims court defence lawyer before the deadline passes.
Jonathan earned his B.A. (with distinction) at McGill University and his J.D. at Queen's University. He has been a member of the Law Society of Ontario since 2011.
When you are sued, you need a lawyer who responds quickly, explains the process clearly, and fights for the best possible outcome. Jonathan handles defence matters personally — from the first consultation through settlement or trial.
If you have been sued in the Ontario Small Claims Court, do not wait. The sooner you speak with a small claims court defence lawyer in Toronto, the more options you have and the stronger your position will be.
Call 416-554-1639 or book a free consultation.
Jonathan also represents clients in Small Claims Court litigation, contract disputes, partnership agreement matters, and business purchase transactions.
The questions Toronto businesses and individuals ask most often about defending a Small Claims Court lawsuit and working with a defence lawyer.
Contact a small claims court defence lawyer immediately. You have a limited time to file a Defence after being served with a Plaintiff's Claim.
Jonathan Kleiman reviews the claim, assesses your options, and files a Defence on your behalf to protect your legal interests.
A Defence must be filed with the Small Claims Court clerk within 20 calendar days of being served with the Plaintiff's Claim.
The Defence sets out your version of the facts and the legal reasons the claim should be dismissed or reduced. A lawyer ensures the Defence is properly drafted and filed on time.
Yes. Most Small Claims Court disputes settle before trial through negotiation or at the mandatory settlement conference.
Jonathan negotiates settlements that protect your interests and often resolves matters without the cost and uncertainty of a trial.
You have 20 calendar days from the date you were served to file a Defence. If served outside Ontario but within Canada, you have 40 days. Outside Canada, you have 60 days.
Missing the deadline can result in a default judgment against you.
Jonathan offers flat-fee and hourly arrangements depending on the complexity of the matter. Many defence matters are handled on a flat-fee basis so you know the cost upfront.
Every engagement begins with a free 30-minute consultation.
If you do not file a Defence within the required deadline, the plaintiff can request a default judgment. The court awards the plaintiff the amount claimed without hearing your side.
The judgment is enforceable and can affect your credit, bank accounts, and wages.
Yes. If you believe the plaintiff owes you money or caused you damages, you can file a Defendant's Claim (counterclaim) against them.
Jonathan assesses whether a counterclaim strengthens your position and files it on your behalf when appropriate.
Get a proper defence filed and protect your interests. Free 30-minute consultation with a Toronto small claims court defence lawyer.